Five men jailed for supporting Sri Lanka’s Tamil Tigers (LTTE) last October began their appeal against conviction Monday in The Hague. The case marks the first time an EU member state has considered the question of whether the Tamil Tigers is a terrorist organization. It could result in a change of EU law.
By Richard Walker in The Hague
The Dutch court of first instance in its decision on October 21, 2011, said that the LTTE is not a terrorist organization. It then convicted the five defendants for giving money to an organization listed by the EU as a banned terrorist group. Supporters of the men and legal observers were quick to point out the apparent inconsistency.
Representing the five Sri Lankan Tamils, who hold Dutch passports, defence lawyer Tamara Buruma told RNW, “Dutch law makes it illegal to provide support for a group on the EU terror list – it doesn’t hold any other demands showing that this is a terrorist organization.”
Flawed law
For Buruma and Victor Koppe, one of the Netherlands’ most high profile international criminal lawyers, their clients’ convictions of between two and six years are based on this contradiction. They argue that the Dutch law used to jail the Dutch Tamil Tiger Five is flawed.
“The [Dutch] law [making it illegal to give money to a terror group] is incompatible with the European Treaty on Human Rights, in the sense that it makes it impossible for people to know when they are considered criminals or not. It would be a very strange verdict if a judge in the same case can say on the one hand the [terror] list is wrong but on the other hand, even though that list is wrong, you’re still a criminal because of it.”
Impact on list
Last summer Victor Koppe’s team filed an application to the European Court of Justice in Luxembourg to have the LTTE removed from its list of banned terror groups. If the appeal in the current case is upheld there is a good chance the ECJ’s decision on that matter will also follow in favour of declassifying the Sri Lankan Tamil minority group.
“No other court in Europe has yet declared the LTTE a terrorist organization, and if an independent judge says it’s not a terrorist group then I would expect the ECJ to have to pay attention to that,” said Tamara Buruma.
Last ditch
The Sri Lankan government is dismissive of the Tamil Tiger appeal proceedings, suggesting the men are clutching at straws.
“This is a losing battle for the LTTE Group…. They are classified as a criminal group by judges here [in the Netherlands]… and they are on the terrorist list not just for the EU but also the USA, Australia and India,” Sri Lanka’s Ambassador to The Netherlands, Buddhi Athauda, told RNW.
The next hearing will be in The Hague on March 21 when defence lawyers will present details of their appeal arguments.
(imm/as)
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The world must accept that the Tamil Tigers caused a lot of havoc.
But the question is How did all the racists Governments of Sri Lanka from the day of independence treat their minorities who are app.30%
First...The Governments colonized the Eastern Province. The Tamil majority that was app. 80 to90% now reduced to about 40%
Second... The Sinhala only act not only denied the minorities education and jobs it also humiliated them and turned them into second class citizens.
Thirdly... The Constitution was amended on many occasions reducing the quality of life, the equality and the right to hold the highest office.
Fourth...There was total descrimination, all governmental forms were in Sinhala. Therefore the minority was identified very easily and was shoved from pillar to post. Even the census asked for religion language and race and later used to identify for attack.
The LTTE may be banned for they are accused of crimes against humanity, but the are non State actors and therefore hounding them though justified yet a waste of resources specially after the leaders were all murdered without a trial.
But the final question for the International community is to hold the elected constitutional Governments of Sri Lanka since 1948 for the violations of International Law.
Crimes against humanity, descrimination on racial religious grounds.
The International Community if they cannot give a sufficient voice to the minorities of Sri Lanka due to the impertinence and impunity of the Sri Lankan Government, LET THEM ALLOW AND ASSIST THE MINORITIES TO RAISE THEIR VOICE IN THE INTERNATIONAL ARENA, DO NOT SUFFOCATE THE PEOPLE WHO HAVE SUFFERED ENOUGH. THE INTERNATIONAL COMMUNITY IS ALSO OBLIGED TO LOCATE THE REMAINS THE BODIES OF THEIR LOVED ONES LIKE THEY DID IN LAOS AND CAMBODIA.
WITHIN SRI LANKA NO DISSENTING VOICE CAN BE RAISED.
I am brief on situation now, accordingly proclivity to cede your straightforward invisible cable concrete till solve. But looks rocking. Your writing adorableness is largely ego trip.
Every bad action has bad reaction. These murders terrorist has given sri lanka, for thirty long years only blood, destruction. The leader is a murderd maniac like polpot. So we congragulate the court verdict. If the court make another decesion GOD's punishment will be severe for murders like them.How any person can help to destroy another human. If so they are not human but animals.
i'll buy a laptop
The Sri lankan regime is an alleged war criminal regime, a failed atate and a state of denial. hence, the Ambassador, an agent of the alleged war criminal regime should issue statements supporting the Sri lankan regime.
Tamils are demanding for independent international human rights investigation by the international body including EU. This will bring to light all the crimes committed in Sri Lanka, details of criminals and it is a lesson to the Western and other nations that supported a criminal regime in sri lanka that continue to commit ethnic cleansing of minority Tamils.
Independent and unbiased Justice is paramount to bring peace and harmony on earth. The Sinhala Apatheid regime deny rule of law, transparency, justice, fundamental and human rights and Tamils live in fear in Sri Lanka.
They are as innocent as the herring eaters themselves are!
Well, Well, Well, Let the Dutch too learn the hard way! Suits us fine indeed. The whole lot here. who once dared call them "our boys" and "thampis" are no more and the Dutch should be no exception. Have they forgotten the Boer War so soon?
maybe mr Victor Koppe is good in to be a lawner, but he is bad in be honorable or to be human.
maybe its good for him to travel to Sri Lanka, to let him speak with former Child soldiers of the LTTE.
or to speak with survivors of sucide bomb attacks.
maybe then he will understand that he is earning monny over the dead boddy's of the thousands.
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