The Dutch prosecution of five Sri Lankan Tamils continues in The Hague today in a trial which now promises to drag Dutch criminal law into conflict with the Sri Lankan government.
By Richard Walker and Maike Winters in The Hague
On a day bogged down by the virtually lone voice of Judge Van Rossum reading out witness testimonies gathered from Sri Lanka and neighbouring countries, defence counsel Victor Koppe sparked the potential for controversy by requesting the screening of British Channel 4’s “Sri Lanka’s Killing Fields” documentary. It will be viewed by the court today.
The film contains evidence that the government of Sri Lanka committed war crimes in the last phase of the country’s 30 year civil war, including the shelling of civilian hospitals and the execution of prisoners of war. Victor Koppe described the film as being an “important source of information on the conflict.”
The Sri Lankan government has refuted the authenticity of the programme’s evidence since its broadcast in June, calling it “fabricated”.
‘Killing Fields‘ screening
International pressure on the Sri Lankan government to properly address allegations that its military committed atrocities in the closing months of the war in 2009 has been intensifying in recent months . Rights groups, western governments and the UN have all made clear there must be transparency and a mechanism for justice put in place for the thousands of victims of the 2009 violence. Showing the best known contribution from the western media in a Dutch Criminal court could further legitimise those demands.
Speaking to RNW in his office at the Sri Lanka Embassy, Ambassador Buddhi Athauda, called the planned screening unfair. ‘They play the emotional card in a legal case. And the video is a fraud, it’s a PR clip from the LTTE (Tamil Tigers), it’s wrong... we intend to make a formal request not to show the video in court,’ he said.
One further course of action is for the Sri Lankan authorities to request the court also screens a film it commissioned and quickly produced this summer as a rebuttal to the Channel 4 film called “Lies Agreed Upon”. Asked whether the screening of this film would be considered, the Dutch prosecution in the current case seemed unprepared and undecided.
The current trial
Meanwhile back on the first day at the Paleis van Justitie in the centre of The Hague, the accused listen to witness testimonies through interpreters. Judge Van Rossum reads out a letter from one defendant claiming that the funds he raised were for humanitarian aid – helping the victims of war in Sri Lanka.
There were barely half a dozen Tamils present in the courtroom’s public gallery – this is surprising given the typical vociferousness of the Sri Lankan diaspora in all matters relating to the Tamil Tigers. One Tamil supporter present, who wished to remain unnamed, complained that, ‘All Dutch Tamils received a letter from the police when they were investigating this case.’
The letter contained information about the nature of the investigation and warned Tamils they were under the close watch of the Dutch police. ‘Many of us felt intimidated, so most people don’t really dare to show up here together in public.’
The case continues.
Read the first story by the International Justice Desk on this case
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Five Tamils would have raised money in the Netherlands for the Tamil Tigers in Sri Lanka, to be 16 years in prison. This was the demand of the Public Prosecutor (OM) on Tuesday in the court at The Hague.
Anyone committed a crime must be punished according to the Law. Rajapakse should also face the ICC on this.
Please view this.
http://www.youtube.com/watch?v=FHSr8wnlLbk
No one is interested in your Sinhala propaganda and it is not going to work. Please allow for an independent international investigation, accountability and justice. This is the civilized act!
There is no doubt in my mind that European Courts are one of the best in the world for independence judiciary and the Dutch court will deliver the verdict based on the facts that were presented to them.
Lawyers must provide full details of the tamils' struggle for equality, justice, rule of law, R2P and human rights since independence from the British. Prior to colonial rulers tamils had their own kingdom. As the Tamil leaders during the independence period were too cozy with the Sinhala leaders and living in Colombo, they opted for a united country and failed to request the British for the Tamil homeland. Thus then Tamil leaders have betrayed the Tamils by trusting DS Senanayake and others that Tamils will be treated equally. It is very clear that Mohd Jinna of Pakistan, a great leader has achieved by requesting for a separate Pakistan. Former Tamil leaders mockery decision paved the way for bloodshed and sufferings at the hands of the Sinhala Apartheid Buddhist hooligans and regime.
The politics in India will change and like Jeyalalithaa, one day a strong and vibrant Hindu nationalist leader comes to power, then it will become time for the Sinhala to receive the pain and sufferings; What you do, will come back to you - Lord Buddha.
Hi Shiva,
You said “Lawyers must provide full details of the tamils' struggle for equality, justice, rule of law,...”
Hope they will cite the following court case too, to help Court to UNDERSTAND the Tamil Psyche.
HIGH CAST TAMIL Mr. C. Suntheralingam, Member of Parliament was fined by the Lankan Courts for Violating the Religious Freedom of the LOW CAST TAMILS.
The appeal by Mr Sun. M.P. went up to the Privy Council in the UK and was dismissed.
Tamil Member of Parliament was fined by the Supreme Court under the Prevention of Social Disabilities Act No. 21 of 1957. (http://www.lawnet.lk/docs/case_law/nlr/common/html/NLR74V457.htm)
October 6, 1971. [Delivered by LORD WILBERFORCE]-
The appellant, by special leave, appeals against his conviction of an offence under section 2 (read with section 3 (b)) of the Prevention of Social Disabilities Act 1957 in respect of which he was sentenced to a fine of Rs. 50. His appeal from the Magistrate's Court of Mallakam to the Supreme Court was dismissed.
The facts are that the appellant, a Hindu by religion, on 1st July 1968 prevented one Murugesu Sinniah, also a Hindu by religion but socially of a lower caste, from entering the inner courtyard of the Maviddapuram Temple for the purpose of worshipping.
The appellant, who acted with the authority of the High Priest of the Temple, used no force: the Magistrate accepted his evidence that he excluded Sinniah in order to prevent bloodshed and held that his presence prevented an ugly situation erupting with violence. He found however that the appellant prevented Sinniah from entering the inner courtyard by reason of his caste : Sinniah belonged to the Palla caste which, as the Magistrate found, worshipped from outside, this being the religious usage and custom of the people of his caste.
That is the Mindset of the Tamil Vellala High Casts who Administered Ceylon (Sri Lanka) for 200 years before Independence and decades after independence.
They were Inhuman even to their own people
Does the Humanity they delivered to Non Vellala Tamils, the Sinhalese, the Indian origin Tamils and Muslims require further description?
The minority Tamil Vellala High Casts dominated the Sri Lankan Administration for 200 years before Independence and for decades after independence.
Their INHUMAN rule, of the non Vellala's in Ceylon and the devious methods they employed to perpetuate their hold on power, even after independence, is the ROOT CAUSE for the ethnic divide.
Dr Noel Nadeson PhD, an Ethnic Tamil himself and Editor of a Tamil Newspaper has this observation of the CH4 http://print.dailymirror.lk/opinion1/49984.html
Quote …... For instance, Channel 4 showed images of a young man who was tied to a tree, threatened with a knife and subsequently killed. I was told by sources in the Wanni that this was an LTTE operation and pictures were taken for propaganda purposes by LTTE. Have a close look and you will find among the so-called soldiers a man in slippers. Sri Lankan soldiers never go about in slippers when they go out on operations.
Hope JUSTICE will prevail in spite of the CH4 smoke screen.
Please write sensibly. The Sinhala racists have been terroriszing the Tamils over 60 years and denying their rights. Tamils are demanding for an transparent Independent International investigation. Why the Rajapakse regime and the Sinhala racists are against an independent human rights investigation? This clearly shows that you Sinhala racista have been committing crimes against huamnity for all these years. Now the Tamil Diaspora is strong to demand for an independent international war crimes investigation without further delay. criminals are appointed as High Commissioners by the Rajapakse regime and they are on the run now!
What I have written is backed up by references. Yours is not.
You have not been able to refute what I wrote or what the ethnic Tamil, Dr Noel Nadeson's claims.
The High Cast Vellala Tamils Terrorised all the Lower cast Tamils and even denied them freedom of Religion. The Vellala Tamils would not allow the Low cast Tamils to draw drinking water from wells within their compound as that would defile the High Cast Property.
The Vellala Tamils Dominated the Civil Service as the lackeys of the British Colonial power for over 150 Years before Independence and terrorised the Low cast Tamils, the Sinhalese and Muslims too. It was no different to the Minority Rule of South Africa. They made cunning and devious attempts to perpetuate this rule even after independence and misled the Tamil peasantry by whipping up Communal Hatred. Mrs Mangayarkarasi Amirthalingam the wife of the late Appapillai Amirthalingam, MP, former Leader of the Opposition in Parliament and Leader of the Tamil United Liberation Front is alleged to have stated on a public political platform that she can rest in peace ONLY AFTER she wear footwear made out of Sinhalese skin.
Dissanayake 16 September 2011 - 4:34pm / Portugal - It is disgrace to be a Sri Lankan as this regime has committed war criems and crimes against huamnity on the innocent Tamils. The world is aware of this and the international community is preparing for action - All Human rights organization throughout the world are demdning for transparency, independent investigation, rule of law, accountability, justice and R2P.
Shiva,
Did you help in funding the LTTE?
Are you funding the alleged war criminal Rajapakse regime that denies independent investigation! Tamils are demanding for an independent investigation and let the investigators investigate and bring the truth to teh world about the LTTE and the Criminal Rajapakse regime.
Please visit the UN web site and listen to what Dr Dayan Jayatilake says at the UNHRC. Lanka has already agreed to allow investigations provided that Lanka is not SINGLED out. Apparently those who call for investigations are afraid of investigations themselves. Funding the LTTE is a war crime. So if you funded the LTTE you are guilty of war crimes as well.
If a Dutch Court decided recently against their own government in the killing of 147 Indonesian freedom fighters by then Dutch Forces in 1947 and ordered payment of compensation to victims and survivors the case at hand re Sri lanka will be an interesting one under the UN Charter to which this country signed up.
para ballo koti heththa
elawala damu api
mulu lowin koti heththa
elawala damu api
Tigers are the main sellers of heroin and other drugs in Sri Lanka
Your Name "Ganje" is a drug name in Tamil. You should tell this to your alleged war criminal Rajapakse as the terrorists KP, Karuna, Pullaiyan and Douglas are with the Rajapakse regime. there is no point in writing this in an international media.
When these tamils get a letter from the Dutch police to shut up, why they didn’t call their friends (or morans) at AI or HRW? Isn’t it a gross violation of their much loved Human Rights?????? . If this sort of thing happened in Sri Lanka, it would have been a world news head lines.
Tharmasunderam
Love you,you're real true Sri Lankan.
where was these human right organization or courts when USA and Europeans committing crimes against humans?they about human rights? Why do not go to Afganistan, Iraq or south America?
Did not they see clear human right violation by USA and their allies ? Why all lies about human right propaganda against china and third world countries? who believe you people? Those courts and organizations work as puppet organizations for western countries against other countries. Talk to you hearts.true or not?
Shame!
Go and do recording in Libya, Iraq and Afghanistan. There USA and European forces dropping bombs on innocent people and no organizations looking at them.Are the different type of humans? What a justice! What a human rights !
If you live in a Western world you should know the value of Human Rights in these nations. US, NATO, EU governments never do the following that the alleged war criminal Sri Lankan regime is doing:
- attack on media and journalists; 34 Journalists were murdered in Sri Lanka since 2005 under this regime
- Media, Journalists, NGOs and Human rights are denied access to Tamils areas whereas the Western governments never deny access or restrict the media to the war zone or any other place
- Rule of Law and R2P are stictly adhered in Western world whereas there is no Rule of Law and R2P in Sri Lanka.
Just Create a Guantanamo or a Deigo Garcia and restrict access to them ....Ha ha.....
where was these human right organization or courts when USA and Europeans committing crimes against humans?they about human rights? Why do not go to Afganistan, Iraq or south America?
Did not they see clear human right violation by USA and their allies ? Why all lies about human right propaganda against china and third world countries? who believe you people? Those courts and organizations work as puppet organizations for western countries against other countries. Talk to you hearts.true or not?
Shame!
Go and do recording in Libya, Iraq and Afghanistan. There USA and European forces dropping bombs on innocent people and no organizations looking at them.Are the different type of humans? What a justice! What a human rights !
ICC is a stage of drama,for western countries,Asia and all African nation,must keep on erlert, because when thy don't like or want to change regime,NATO,UN,UNCHR,you can call anything,this all run by western gangs, this all people cheesing only oil, Iraq, afghan,Egypt,Libya,now on to Syria,Iran, the main tool is "HUMAN RIGHT"did any one care Ethiopia Somalia Kenya,starvation,when thy come to that,all governments bagging money from people,when thy wont bomb to a country thy have lots of money for that,
Know on bother to look, USA and UK, slave trade,
Last 30years every bomb blast in Sri Lanka,This same people sympathies,supports, but when terra end ??????????
ICC is a stage of drama,for western countries,Asia and all African nation,must keep on erlert, because when thy don't like or want to change regime,NATO,UN,UNCHR,you can call anything,this all run by western gangs, this all people cheesing only oil, Iraq, afghan,Egypt,Libya,now on to Syria,Iran, the main tool is "HUMAN RIGHT"did any one care Ethiopia Somalia Kenya,starvation,when thy come to that,all governments bagging money from people,when thy wont bomb to a country thy have lots of money for that,
Know on bother to look, USA and UK, slave trade,
Last 30years every bomb blast in Sri Lanka,This same people sympathies,supports, but when terra end ??????????
Yes we fully agree with Hari; let us start punishing the living ,ruling,thugs and terrorist family.
The whole pakseclan should first be tried in ICC.this could be followed by other elite whole were responsible for preceeding pograms viz Banda Family,Jayawardene family, last but not the least the Senanayakes who disenfranchazied over million up country Tamils who were the back bone of Ceylon's economy.
Hi
We are human but we are worse than human if we support the SL Government what they did to TAMILS & their own brothers JVP.
Stop one sec before you make decision, think if something happen to your mother or sister or one month old son killed by Srilankan Navy (KUMUTHINI BOAT GENOCIDE IN SEA)
Still you want to support government - its ok - some people still support HITLER TOO.
You have a great day
Hi Mr. Where are you for last 30 years, stay sleep don't wakeup,keep dream.
judge can watch C4 Video, Mean time please watch " lies Agreed-upon" Video too. Then only Judge can decide whether they are guilty or not. Be fair...
judge can watch C4 Video, Mean time please watch " lies Agreed-upon" Video too. Then only Judge can decide whether they are guilty or not. Be fair...
judge can watch C4 Video, Mean time please watch " lies Agreed-upon" Video too. Then only Judge can decide whether they are guilty or not. Be fair...
Defendants argument would be that they faced discrimination from Majority for decades. So they mean, that gave them the right to use child soldiers and suicide bombers to kill innocent sinhalese civilians and tamils who opposed them for 3 deacades. Our politicians, HR activists, media and some individuals will justify these acts for different advantages.
Imagine all of us have done some kind of attrocities on someone else over the years. So Brits, French should be sending suicide squads to Germany and Italy. Hawaiians, Chinese and Koreans to Japan. Japanese and Arabs to America. Indians, srilankans to Portugal, Holland and Britain and so on. Are we to call them all freedom fighters?
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