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"Edward is "extremely good" in matters relating to terrorism and national security, winning recommendations from clients and peers"
Chambers and Partners 2010. European Court of Justice (ECJ)Edward represents individuals and groups in separate actions before the Court of First Instance of the European Communities to annul their inclusion on asset-freezing terrorist lists. He has successfully appealed an adverse judgment to the European Court of Justice in PKK and KNK v. Council of the European Union (C-229/05), which was ultimately successful before the Court of First instance (T-229/02). Kongra-Gel and Others v Council of the European Union (T-253/04) was equally successful. He also represented in the linked cases of Al-Faqih, Abd'rabbah, Nasuf and the Sannabel Relief Agency against the Council and Commission of Europe before the Court of First Instance, cases in which the UK Foreign and Commonwealth Office have made applications for de-listing to the United Nations Sanctions Committee. Edward represented an individual who has recently been removed from the asset-freezing regime imposed against Burma.
Proscribed Organisations Appeals Commission (POAC)Edward appeared in the landmark case of Lord Alton and Others, on behalf of members of both Houses, where POAC required the Secretary of State to lay an Order before Parliament deproscribing the PMOI and thereby removing it from the list of terrorist organisations. This is the first full merits judgment ever made by POAC. The decision was upheld by the Court of Appeal in Secretary of State v. Lord Alton of Liverpool and Others [2008] 1 WLR 2341 and defined the test to be applied when proscribing or deproscribing organizations under the Terrorism Act 2000. This case led to the deproscription of the PMOI from the EU terror list. Control Orders under the Prevention of Terrorism ActEdward has represented in two cases where the Court ordered the lifting of control orders: NN and GG v. SSHD [2009] EWHC 142 (Admin) (personal searches of controlees were unlawful and the control order was unnecessary) and AV v. SSHD [2009] EWHC 902 (Admin) (Control order was not necessary in light of developments in Libya and AV's lack of connection to Al-Qaeda) The case of AV, AT, AW, AR, AU v SSHD [2008] EWHC 2789 (Admin) concerned the background situation in Libya and the alleged links between the LIFG and Al-Qaeda. Edward appeared for AT, AW and AR and went on to appear in AT and AW v. SSHD [2009] EWHC 512 (Admin) where the impact of a previous prosecution on the same facts which underpinned the control order was in issue.
Charities TribunalSeevaratnam v Charity Commission CA/2008/0001 was the first appeal in the newly constituted Charities Tribunal where Edward appeared on behalf of Mr Seevaratnam, a trustee of the Sivayogam charity, who had been accused of misconduct and mismanagement relating to allegations concerning links to the LTTE and subsequently been removed as a trustee by the Charity Commission. The Tribunal allowed Mr. Seevaratnam's appeal and ordered his re-instatement. Special Immigration Appeals Commission (SIAC), Administrative Court and Asylum and Immigration TribunalEdward regularly represents individuals before SIAC and advises individuals denied naturalization on the basis of alleged involvement with terrorist organizations. He recently appeared in the important case of MH and Ors v. Secretary of State for the Home Department [2008] EWHC 2525 (Admin) where Blake J determined that special advocates were necessary where Article 8 rights were engaged through deprivation of citizenship. Edward appeared in MH (Syria) DS (Afghanistan) v. SSHD [2009] EWCA Civ 226 where the Court maintained that nursing was a protected activity in international law and usually not a terrorist act even if it was for the PKK, a proscribed organization. CrimeEdward has represented in a number of criminal trials in connection with proscribed organisations (e.g. DHKP-C, LIFG and LTTE). He appeared in a trial relating to the LIFG which culminated in the Court of Appeal judgment of R v. IK, AB and KA [2007] EWCA Crim 971 (double jeopardy). Most recently he appeared in a trial concerning the R v. Arunachalam Chrishantchakumar and Others concerning the LTTE in which his client was acquitted. AsylumEdward appears at all levels and has developed a particular experience with regard to Turkey, appearing in the most recent Country Guidance cases on Turkey.
International Human Rights
Edward spent a number of months during 2006 in Turkey advising in a joint project between the Department for Constitutional Affairs of the United Kingdom and the Turkish Ministry of Justice to evaluate the impact of the implementation of the Turkish Penal Code reforms. This resulted in Edward translating the Turkish Penal Code along with a professor from Ankara university, which was published in Turkey in November 2007. Since joining the Bar Human Rights Committee (BHRC) in 1999 Edward has travelled to Turkey on numerous occasions to conduct fact-finding and trial observation missions. In March 2003 he travelled to the south-east and to the border of Iraq to conduct fact finding in relation to the effect of the Iraq war in the region. In March 2006, he observed a trial in Ankara concerning two eminent Turkish professors who wrote the controversial 'minority report'. Edward is currently an executive member of the Bar Human Rights Committee and the Human Rights Lawyers Association. As a member of the Foreign and Commonwealth (Consular) pro bono panel he has assisted with the prevention of the refoulement of refugees travelling in the European Union who have been subjected to abusive international arrest warrants issued by the persecuting country. Edward also represent individuals in the European Court of Human Rights subjected to similar situations. Edward visited India as part of a joint initiative with the Tibetan Centre of Human Rights and Democracy to introduce international human rights mechanisms to Tibetan students in Varanasi. He was also asked by the Foreign and Commonwealth office to participate in an international human rights workshop in Jakarta as an expert on the constitutional importance of the police and judiciary. He has also lectured to the International Bar Association and the Lyon Bar Association on international fair trial standards and trial observation. AwardsYoung Barrister, Legal Aid Lawyer of the Year Awards 2005.
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