Memo on European Court Ban Decision (2013)

مقدمة / Introduction

In the midst of the events of the Arab Spring, and at a time when the dictatorships – created by Western colonial powers and supported by them in every way, in violation of the principles of human rights they advocate – were collapsing, signaling the end of a long era of colonialism and the imposition of the division of Muslim countries by Britain and France by force after World War I, and the formal independence of most of these divided countries from the colonial powers after World War II, paving the way for these countries to reunite as they were before under one state, not only as Islam requires, but also according to what the historical, political, economic, cultural, and geographical context dictates, and for the region to regain its sovereignty and liberate its occupied territories, including the land of Palestine, in the midst of all this came the decision of the European Court of Human Rights to reject the lawsuit filed by Hizb ut-Tahrir against the German state and the decisions of its Federal Administrative Court and its Federal Constitutional Court regarding the file of banning the activities of Hizb ut-Tahrir in Germany. The European Court of Human Rights justified rejecting the lawsuit without considering its merits and details on the grounds that the objectives of Hizb ut-Tahrir contradict the European Convention on Human Rights because it calls for the liberation of Palestine and the demolition of the existing states in the Islamic world and their unification into one state, and thus, according to the European Court of Human Rights, it loses its right to legal protection based on the European Convention on Human Rights.