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Telecast, a contempt of Court - Prajathanthra

Prajathanthra, Movement for Social Democracy and Foundation for Freedom of Expression, in a press release issued yesterday said that the telecast of LTTE Leader's 'Martyr's Day' speech will not further the peace process. It also said that such broadcast amounts to contempt of Court since the LTTE Leader has been convicted in the High Court of Colombo. "By this action the Sri Lanka Rupavahini Corporation has brought our own Court and the Courts of India into contempt", it said.

The press release:

Last year when the Media Ministry then under the UNF Government, we made a strong protest at attempts by the Sri Lanka Rupavahini Corporation and the Sri Lanka Broadcasting Corporation, both government owned media institutions, to broadcast live or recorded, the annual "Martyr's Day" speech to be made by the leader of the Liberation Tigers of Tamil Eelam (LTTE) on November 27.

It is now reported that this year, when the Media Ministry is under the President herself, the Sri Lanka Rupavahini Corporation has permitted the satellite live up-linking of the LTTE leader's "Mahaveer Day" or Martyr's Day address to Europe. A Rupavahini team had visited Killinochchi to carry out the live telecast of the entire programme via satellite in two sections of three hours and one hour.

The up-linking had been done at the request of a foreign Television Network (said to be pro-LTTE) that has bureaus in Britain, France, Switzerland, Germany, Denmark, Norway, Sweden, Holland and India.

It is not whether the up-link was for a few minutes or several hours that matters. It is the very principle of doing it that deserves the strongest condemnation, by whoever was responsible, and whether it was done to earn revenue for SLRC or not.

In a democracy that claims to uphold the Rule of Law, it is indeed strange that a section of the State media has thought it fit to give such coverage to a speech by a person who is now a convicted felon. Mr. Prabhakaran has been sentenced to 200 years rigorous imprisonment by the High Court of Colombo, for aiding and abetting in the death of 51 persons and causing other major economic losses, in the LTTE's suicide bomb attack on the Central Bank on January 31, 1996.

There is also an open warrant issued by the High Court for his arrest. In the circumstances any move to telecast his speech, live or recorded, could be tantamount to Contempt of Court. Further, those who arrange for this telecast are duty bound to report to the Police and the Courts the whereabouts of Mr. Prabhakaran, as he has so far not appealed against the judgment and sentence by the High Court, and remains a fugitive from justice.

We are of the view that this telecast of a speech by a convicted felon, who is the leader of a political organization that has still neither renounced terrorism nor its declared goal of a separate state, and remains banned as an international terrorist organization in several countries, including our closest neighbour India, will not in any way help in furthering the peace process.

One should also bear in mind that the same Mr. Prabhakaran has on several previous occasions made statements in his annual "Martyr's Day" speech about the willingness of the LTTE to negotiate an end to the war without any conditions, but has always gone back on such public declarations.

Relations with India

This move to give international television coverage to the speech by the LTTE leader also gives cause for concern with regard to the relations between India and Sri Lanka. One cannot ignore the fact that this same person is also wanted in India, for the carrying out of a sentence over his role in the assassination of the former Indian Prime Minister Rajiv Gandhi. The Indian Government has made a request to the Government of Sri Lanka for the extradition of Prabhakaran to be dealt with under the law in India.

Although India has not vigorously pushed this demand for extradition so far, it will indeed be difficult for the Government of Sri Lanka to take up a position that Prabhakaran cannot be apprehended or that it is unaware of his whereabouts for the purpose of extradition, if it can go to him for the televising of his annual speech.

By this action the Sri Lanka Rupavahini Corporation has brought our own Courts and the Courts of India in to contempt, and given genuine cause for India to be insulted by giving such publicity opportunity to a fugitive from justice from the Indian courts, too.

It is our position that this act is an act of contempt of Court, in which those who gave permission for it as well as those who carried out such orders, and assisted them in any way in this telecast, are responsible.

We repeat our strongest condemnation of this act meant to assist in glorifying an acknowledged terrorist leader at a time when the United States that has declared the LTTE as an international terrorist organization and has no dealings with it and is strongly supportive of the peace process in Sri Lanka, similar to India, and is a fugitive from justice for acts of terrorism both in Sri Lanka and India.

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