The Court of Justice of the European Union rejected appeals filed by Ghada Adib Mhanna, Sara Makhlouf, and Kinda Makhlouf, relatives of Rami Makhlouf, cousin of the head of the ousted regime Bashar al-Assad, upholding previous rulings that kept their names on European sanctions lists linked to the former Syrian regime.
According to rulings issued by the court on May 7 and published on July 6, the highest judicial body in the European Union upheld decisions by the General Court of the European Union and rejected the appeals seeking to annul the appellants’ listing on sanctions lists. The court also ordered each of them to bear litigation costs, including costs incurred by the Council of the European Union.
The rulings come as part of a series of lawsuits filed by members of the Makhlouf family to challenge European sanctions imposed on them, including asset freezes and travel bans to EU member states.
The European Union has imposed sanctions since 2011 on Syrian figures and entities it says are responsible for supporting or benefiting from the former Syrian regime. These measures include freezing funds and assets, as well as restrictions on travel and financial transactions.
The latest rulings confirm that sanctions against the appellants remain in force, after the court found that the appeals submitted did not warrant annulling the previous judgments. Their names therefore remain listed on European sanctions lists in accordance with EU procedures.
What Are the Implications of the European Step?
International criminal law and human rights specialist Al-Moutassim Al- Kilani told Enab Baladi that the decision by the Court of Justice of the European Union indicates the court considered that the Council of the European Union had respected legal procedures when listing the names and keeping them on sanctions lists.
Al-Kilani explained that the court found the justifications and evidence relied upon by the Council of the European Union were legally sufficient to justify the continued restrictive measures. He said the appellants had failed to prove the existence of a legal error, flawed reasoning, or the absence of the grounds on which the listing decision was based.
He noted that the nature of the ruling is not connected to proving criminal responsibility against the individuals concerned. Rather, it falls within European judicial oversight of the legality of administrative decisions issued by EU institutions. In this case, the court does not examine whether a person committed a criminal offense, but verifies the legality of the measures taken by the Council of the European Union and their compatibility with the legal rules in force within the bloc, according to al-Kilani.
Rejection of the Appeal Does Not Mean Conviction
Al-Kilani said the rejection of appeals against European sanctions is not a conviction, explaining that there is a fundamental difference between restrictive measures imposed by the European Union and criminal judgments issued by competent courts.
He said criminal conviction is issued after a trial that includes guarantees of a fair trial, during which the commission of a crime is proven according to standards of criminal proof. European sanctions, by contrast, fall within the framework of the European Union’s common foreign and security policy.
He explained that these sanctions aim to protect the European Union’s security and diplomatic interests, or to exert political and economic pressure on listed individuals or entities, but they do not in themselves establish criminal responsibility against them.
He added that the continuation of sanctions only means the court found that these measures remain compatible with EU law. It does not mean that individuals listed have been convicted of crimes or have become holders of criminal records.
Nature and Effects of the Sanctions
The rights specialist said European sanctions differ from criminal procedures in terms of their legal nature and purpose. They are restrictive measures of an administrative and political nature, not criminal penalties issued by a court after a criminal act has been proven.
He explained that the most prominent effects of these measures are freezing funds and assets, banning travel to European Union countries, and restricting economic and financial transactions, while listed individuals retain the right to challenge the measures before EU courts.
He stressed that listing any person on European sanctions lists does not necessarily mean that they have been criminally convicted. Rather, it means that EU institutions have taken a restrictive decision against them based on criteria related to foreign and security policy, and that decision may be subject to judicial review.
The European Union decided in February 2022 to add five members of Mohammad Makhlouf’s family to its Syria sanctions list. Mohammad Makhlouf, who died in September 2020, was the maternal uncle of the head of the ousted regime Bashar al-Assad.
The list included Mohammad Makhlouf’s widows, Hala Tarif Almaghout and Ghada Adib Mhanna, as well as his three daughters, Shalaa Mohammed Makhlouf, Kinda Mohammed Makhlouf, and Sara Mohammed Makhlouf.
The European Union justified its decision at the time by citing the possibility that part of Makhlouf’s assets and wealth could be transferred to members of his family, which might allow them to be used to support the former Syrian regime or circumvent sanctions imposed on it.
Sara Makhlouf, Kinda Makhlouf, and Ghada Adib Mhanna filed appeals before the General Court of the European Union demanding the annulment of their listing on sanctions lists. The court rejected those appeals in 2024, before the Court of Justice of the European Union later upheld the decision and rejected the appeals submitted.
Mohammad Makhlouf was one of the most prominent economic figures linked to the former Syrian regime. He played a major role in managing several economic sectors and was associated with local investments and companies, before the European Union imposed sanctions on him in 2011 that included asset freezes and a travel ban.
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