Why Bruce Fein has come forward to deproscribe the LTTE in the US
Hemantha Warnakulasuriya
In a letter written by Hemantha Warnakulasuriya, a President’s
Counsel has posed pertinent questions to Bruce Fein, the US Attorney
said to be representing the Tamils For Justice.
One of those questions, ‘How could Bruce Fein who has been retained
to deproscribe the Liberation Tigers of Tamil Eelam in the United States
can appear to deproscribe an organization if at all he is not retained
by that particular organization that has been proscribed in the US?”
Sri Lankan lawyer further asked, “If as you claim, the TFJ doesn’t
represent the LTTE, and neither receives or sends funds to the LTTE, how
could you appear on behalf of a terrorist organisation and a Mono Ethnic
Dictator, and strive to remove the proscription, unless you are advised
by the very organisation that is proscribed.”
Bruce
Fein who keeps on denying that he is not representing Prabhakaran and
his terrorists outfit, then must come clean and announce why he is
interested in removing the proscription on the LTTE, when as he said was
not retained by Prabhakaran and LTTE?
Given below the full text of the letter sent by Hemantha
Warnakulasuriya to Bruce Fein:
June 17th 2008
Bruce Fein Esqr,
Attorney
Tamils for Justice
USA
Via email [email protected]
Dear Mr. Attorney,
I read with interest your letter, dated June 06,2008, and addressed
to President Mahinda Rajapaksa, Minister of Defence and Gotabhaya
Rajapaksa, Secretary of Defence under the title ‘Bruce Fein and Tamils
for Justice. You have been mentally disturbed when the web site of the
Ministry of Defence Sri Lanka called you ‘A Carrion Bird of LTTE
Terrorism’
“Is Bruce Fein a Carrion Bird of LTTE Terrorism”
I regret the fact that being called a “carrion bird of LTTE
terrorism” has caused you much pain. You have given gratuitous advice to
the recipients that they must consider discharging the Intelligence Unit
and save the Ministry a treasure trove of money, as there is no
investigation necessary about you as everything about you is disclosed
on the website free of charge.
I logged on to your website and found that one of the onerous tasks
entrusted to you was to de-proscribe the LTTE. I believe, as an
attorney, that you have been instructed by the LTTE to make
representation on behalf of them and on behalf of Prabhakaran. I believe
you are not only acting upon instructions, but getting a large fee for
doing a professional job.
If you deny the fact that you have been retained by the LTTE, then
you may be in violation of the code of ethics, as you are appearing for
a client without proper instructions. Therefore, I believe it is a fair
call to say that you are a ‘carrion bird of LTTE terrorism’.
As you know, the LTTE has been proscribed by the US and the FBI has
classified it as the most ruthless terrorist organisation in the world.
Thus, you have the task of transforming the most ruthless killer, a
megalomaniac and a murderer of Tamils, women and children, into a
Mahatma Gandhi, or an apostle of peace.
Therefore, the political reference to you has not done any disfavour
in the eyes of the LTTE, as they would have by now earned the wrath of
all peace- loving people in the world.
Therefore, you could, without much difficulty request for an
enhancement of your fee, which the Tamils for Justice could pay on
behalf of the LTTE. If, as you claim, the TFJ doesn’t represent the LTTE,
and neither receives or sends funds to the LTTE, how could you appear on
behalf of a terrorist organisation and a Mono Ethnic Dictator, and
strive to remove the proscription, unless you are advised by the very
organisation that is proscribed, as no one knows whether the LTTE is
enjoying the proscription to keep on killing innocent civilians, as no
terrorist organisation is bound by any international law, ethics or
morality.
They may be enjoying the proscription which permits them to kill and
watch the cry of anguish and pain of the civilians from a vantage point.
I cannot think of any phrase that could describe Prabhakaran’s pleasure
at these killing. Therefore, they may not want the proscription lifted.
Naturally, any reasonable man could come to a just and fair
conclusion, that in spite of the several denials made by you and by your
cohorts, you are representing a terrorist outfit which has turned
terrorism into an industry/enterprise and which is now using its methods
and knowledge to export terrorism for profit.
As the perfection of the suicide kit and the method used to brainwash
the suicide bombers has been used by all other terrorist organisations
like the Al Qaeda and Hamas. To de-proscribe the LTTE would effectually
mean painting the father figure of Terrorism, Prabhakaran lily white and
would show the Al Qaeda and other terrorist outfits how to kill and earn
the respect of the West.
Are Tamils outside the law in Sri Lanka?
In the third paragraph of your letter, you counter the belief that
the Tamils are not outside the law in Sri Lanka, and to further augment
the argument that the Tamils are outside Sri Lankan law, you have
referred to Sri Lanka’s Prevention of Terrorism Act.
Prevention of Terrorism Act
Sri Lanka is one of the first countries in the Asian region that saw
the terrorist movement emerging, and during that time the legislator, in
his wisdom and in order to protect the unity of Sri Lanka, established
the Prevention of Terrorism Act.
At that time, most Sri Lankan Tamils and some Sinhalese took offence
to the so-called Draconian nature of these laws; the US, UK and even the
Indian Government impressed upon the Sri Lankan Government to remove
these laws from the Statute books.
During that time, the Indians and all the other Western countries
were fooled by the LTTE to make believe that they were a force fighting
for the liberation of their people from the oppressive Sinhala
Government.
Unfortunately, when the problems come to one’s doorstep, it is a
common human trait for one to forget the advice and follow the same laws
which were considered deterrent.
After 9/11, the US implemented similar laws; later, the UK and even
the Indian Government followed suit. In fact, the very passage you quote
from the Prevention of Terrorism laws were not intended to incarcerate
any framed Tamils, who had rarely demonstrated using peaceful means, but
against the Sinhalese, who would by word of mouth extol the virtue of
racism and coerce the very minor percentage of radical Sinhalese
Buddhists to commit communal disharmony. It punishes persons who cause
communal disharmony.
This very passage was against the posters that appeared in the
aftermath of the riots to kill Tamils. In fact, the Government of Sri
Lanka even belatedly introduced these passages first in the Emergency
laws and together with other laws arrested the Sinhalese and kept them
in custody for a number of months without trial.
If you have the time to go through the case laws or laws that
incarcerate the terrorist you would see that not a single Tamil was
arrested under these laws.
One could argue that this whole process was against the principle of
freedom of expression. However, this prevented any misguided Sinhalese
from carrying out violent acts against the Tamils. These laws
effectively protected the Tamils from the small percentage of misguided,
racist Sinhalese, who would have strived to attack the Tamils merely to
destabilise the Government in power.
The measures taken by the Government, by invoking anti-terrorism
laws, prevented any communal conflagration in the last so many years.
The lessons learnt by the Sinhalese were incarcerated for years and had
softening effect that despite the daily bombings and killings of
Sinhalese civilians in the cities not single Tamil was attacked.
Today, your friend Prabhakaran instead of using words, signs of
visible representation, is throwing claymore mines and other explosives
to kill hundreds of innocent civilians.
Last month alone, more than 80 civilians died due to attacks by the
LTTE. But the Sri Lankan Government and the people have not fallen prey
to the overtures made by Prabhakaran, to harm or kill Tamils living like
brethren in the South.
Your information and sources of the TFJ will tell you that 80% of the
Tamils live outside the two and a half districts controlled by the
terrorists, in peace and harmony. The Sinhalese know that the majority
of Tamils living in government controlled areas do not support or agree
with the methods of terrorism adopted by the human predator Prabhakaran.
In fact, your country has quite rightly, by innumerable legislative
Acts after the 9/11 attack, taken exception to any publication which
violates these antiterrorism laws. The Patriot Act, which we are still
to emulate, permits the obtaining of information from wire and telephone
tapping.
Like your Country, all countries have taken appropriate steps and
followed the example set by your country. As you know, in September 2002
your Congress approved the Patriot Act, which provides law-enforcement
agencies with the powers to monitor and detain suspected terrorists
without charges or trial.
Similarly, in December 2002, the UK Parliament approved the
Counter-Terrorism Security Act.
Some of the laws and the freedom which your people have cherished
have been misused by Terrorists. They were able to find loopholes and
create disasters by killing more than 3,000 US citizens. We have been
living under such terrorist threats for the last 25 years and thanks to
the resilience of the Sinhalese, Tamils and Muslims we have not lost our
composure and equanimity.
Though your client Prabhakaran is the biggest killer of human beings
after Pol Pot, we have with little or no support from the West managed
to thwart his advances.
His ambitious goal would be to commit genocide of the Sinhalese and
Muslim communities. His dream is to drown every single Sinhalese, Muslim
and Tamil, whom he considers traitors, in the Indian Ocean and to carve
out for himself an Eelam from the entire Country, then destabilise India
to carve out a Tamil nation joining South India and Sri Lanka.
He has misguided foolish Westerners like you, who for a fee support a
man and his organisation, who believes in achieving his goal by killing,
to believe that one way of achieving this goal is to deproscribe his
terror outfit.
Prabahkaran’s intention is to destabilise the entire world and
Western civilisation and the way of life which is anathema to him. The
West and Europe are gradually realising this truth. But, unless they
support the government, which is with limited resources fighting to
eliminate Terrorism, it would engulf the whole of the civilised world as
the West knows it.
Detention of Persons under the PTA compared to detentions in US
It is true when you state that under the Prevention of Terrorism Act
in Sri Lanka, the Justice Minister could detain a person for up to 18
months, as compared to detentions of persons for six years.
You find that incarcerating a Tamil for 18 months, without charges
being preferred, is a violation of the fundamental freedoms. Every
suspect arrested under the law can file a petition complaining of a
Violation of his or her Fundamental rights and get the apex Court to
arrive at a decision on whether one’s arrest was without any foundation.
If the suspect succeeds, then he could be released with compensation.
At the time these laws were introduced, the West and many other
countries opposed the legislation. The reason for this false notion was
their inability to gather information about the true nature of terrorism
and the sophisticated methods followed by the LTTE. It is mandated that
any terrorist arrested by the government should commit suicide by biting
on a cyanide pill.
The time period given to any law enforcement agency was so limited
that they could hardly find any evidence against a suspect, as his
accomplice my have committed suicide by swallowing a cyanide capsule.
The time period had to be extended but nothing prevented the Supreme
Court releasing a suspect arrested without any justification.
Yet, these laws drew criticism mainly due to the very sophisticated
methods of dissemination of misinformation by the LTTE and the Western
media swallowed it hook line and sinker.
But today, the process has reversed as it was shown by the detention
of Terrorists by your own Country at Guantanamo bay, without charges,
not for 18 months but for six years. The Bush administration and the
Republicans, which controlled the Congress, would change the laws when
the Court made orders to inquire into dozens of complaints made to it
about illegal detention, so that no one had the right to challenge the
detention.
I understand the concerns of the Republicans as these terrorists were
arrested with much effort, with evidence to show their involvement, but
they were unable to prove the same in Court as the State Laws, which
prevent restriction of the admission of evidence, have done everything
to prevent these matters coming before a Court of law.
In fact when the Supreme Court made the decision restoring the Writ
of Habeas Corpus, many Law makers felt that the decision of the Supreme
Court enshrined the rights of the Terrorists as against the protection
of the American people.
What made your government use methods and the power to keep the
Terrorists in detention for six years, in inhuman condition, without any
charge being preferred against them? What made your country’s
legislature legislate new laws to virtually nullify the decision of
Court? Obviously, President Bush, who was the President when the
Terrorists attacked the US, has a better knowledge of the immense
difficulties the government faces in dealing with Terrorists who take
advantage of civilized laws meant to be applied to civilized people and
not to Terrorists, who kill innocent people to achieve their goals.
That is why, even now, the government is striving to veto this
decision by taking these terrorists away from the Guantanamo Bay to
another place where the writ of the Supreme Court does not apply.
Fein, if your government, the most powerful in the world, is still
unable to avoid attacks by the terrorists who want to establish a
fundamentalist State, taking the world back two thousand years to the
middle ages, just imagine the plight of the Sri Lankan government, which
is fighting without any help from powerful countries to eliminate a
terrorist group described by no lesser agency than the most renowned
investigating agency in the world, the FBI, as the most ruthless
terrorist organization in the world, surpassing even the Al Qaeda. The
Law which permits remanding for 18 months with judicial review must be
hailed as a humane piece of legislation. As the British introduced the
Penal Code and Criminal Procedure Code, should we not follow some
extraordinary legislation and method followed by your county for the
betterment of all and to the detriment of the enemy of democracy and the
civilized world, the Terrorist?
The US Government is fighting a war without boundaries against a
faceless enemy, which aims to destabilise that civilisation which has
made freedom and liberty their main ethical code. These terrorists want
these freedoms crushed and the civilisations reversed to go back to the
Middle Ages. I can only have sympathy for the methods used by the US
Government. However, I can assure you that if your friends in the TFJ
visit a camp in Sri Lanka, they would see that the suspects are in much
better conditions, with less isolation and are treated with respect.
With regard to the immunity proceedings you referred to, which are
being exploited by the LTTE and other groups that support them, I would
like to enlighten you that several policemen who acted with impunity
have been punished by either the Supreme Court or High Court. Every
single policeman who commits torture is now in double jeopardy: one is
in the form of the rights application, the other in the form of
indictment filed in the High Court against such policemen. If
interested, I am in a position to give you all the details of the
indictments filed against the policemen who violated the laws of the
land. So far, no policeman has taken the defence of immunity in any
proceedings.
I believe I have answered your allegations that the Government has
not prosecuted those responsible for the kidnappings and torture.
The assassination of Tamil parliamentarians is being investigated and
the suspects are now being produced in Court. I refer to the recent
assassination of a Tamil parliamentarian, Maheswaran and the allegation
that he had been killed by the LTTE. It is a matter that is now being
investigated.
You have referred to Louise Arbor, the United Nations High
Commissioner for Human Rights, and three Nobel Peace Prize winners and
about the human rights violations in Sri Lanka. As much as the Human
Rights Watch may denounce your country’s detentions of the people in
Guantanamo Bay and claim that the US Government is violating the rights
of these terrorists, the Government of Sri Lanka takes extreme
precaution in fighting the most ruthless Organisation in the world.
For your information, the Government, with great sacrifice, liberated
the Eastern Province from the ruthless Tigers, and gave the Tamils a
chance to elect their own political leaders. A one time Tiger prot‚g‚
and child soldier was elected by the people of the Eastern Province. I
refrain from taking up the challenge of subjugating Tamils, but I
request you to meet Pillaiyan, the Chief Minister of the Eastern
Province, and ask him who had subjugated the Tamils in the last so many
years. All democratic Tamil leaders, beginning with Alfred Thuraiappah,
and recently those who proposed a peaceful solution, like Dr. Neelan
Thiruchelvam etc. etc. who opposed Prabhakaran were considered enemies
by him and eliminated.
Do the Tamils in Sri Lanka exult living with the Sinhalese in a
Unitary State?
You have brought another interesting point, to counter the fact that
the Tamils in Sri Lanka exult in living with the Sinhalese in a unitary
State, and you challenge the Government to have a free and fair
referendum on Tamil statehood. Fein, I would like to remind you, in case
this information has not been given to you by your friends of TFJ, that
in the last Presidential election there were two candidates: one was
Mahinda Rajapaksa, presented by the LTTE as racist and supported by the
racist parties, and the other was Ranil Wickremesinghe, the darling of
Tamils, who had with the help of Norway brought about the Peace Accord,
which allowed Prabhakaran to replenish his depleted war tools, arms and
ammunition. Mr.
Ranil Wickremasinge thought that with the help of Prabhakaran, he
would win the elections. He in fact proposed a federal state with full
powers to the Tigers. In fact, he thought that by these remarks he would
win the presidential election with ease, as the voters in the South were
equally divided and an overwhelming majority in the North East would
vote for Ranil Wickremasinghe. In fact, many considered this as a
referendum for a Federal State as opposed to a Unitary State.
Everyone thought they would completely reject Mahinda Rajapaksa and
cast their vote to Ranil Wickremasinghe, making him victorious. But
Prabahkaran thought otherwise. He decreed that no Tamil should vote at
this election. In fact, one person who was oblivious to Prabhakaran’s
decree cast his vote and it was in favour of Ranil Wickremasinge. That
man lost his hand, which was amputated by the LTTE for not following the
fiat of Prabhakaran. Had Ranil became victorious it would have meant
that the entire Tamil Population would have voted for a Federal State
instead of the illusory goal of Eelam that Prabahkaran wanted.
Therefore, your exhortation about free and fair elections in the
areas controlled by the murderous Prabhakaran is nothing but hogwash, a
suggestion that has permeated into your aging grey matter with dying
grey cells and without knowing the real situation in Kilinochchi.
On the other hand in the East, Prabhakaran prevented his proxy, the
TNA from contesting the elections, and Pillaiyan won in the Eastern
province handsomely. Though the NGO block, supportive of Prabhakaran,
said that the elections were manipulated by the Government, all the
international observers said that it was a free and fair election.
Pillaiyan’s party still received a substantial number of votes,
debunking the theory that the LTTE was the sole voice of the Tamil
People. The so called racist Mahinda Rajapaksa made Pillaiyan the Chief
Minister and ignored the protest of racial elements.
Your visit to Sri Lanka, as the Lawyer of Prabhakaran and the LTTE,
would be biased and prejudiced and it naturally would be to prove the
point that the genocidal maniac Prabhakaran is a saint who should be
exonerated of the crime of spilling the blood of those innocent children
he has used as soldiers. He had transformed angels into killers.
This indeed is an uphill task and I wish you well in your endeavours.
As you know, the time is very limited and is not in Prabhakaran’s favour.
The truth is that your client and his organisation has killed more
Tamils than any one else.
I believe the time has come to prosecute Prabhakaran and Pottu Amman
for crimes against humanity. The best evidence could be obtained by
listing Prabhakaran’s one-time deputy Karuna Amman as the main witness
for the prosecution. In fact, the intellectuals and Lawyers supporting
the LTTE have gloated over the possibility of charging Karuna Amman for
Crimes against humanity. There was no difficulty in that as he was in
the UK where he was imprisoned. But, the pundits and the other pseudo
intellectuals slowly but surely relented as they were informed, I
believe not by you, that if they prosecuted Karuna Amman there would be
overwhelming evidence against Prabahakaran and his erstwhile deputy
Pottu Amman, presented by no less a person than his former deputy. It is
Karuna Amman who would be able to testify about the orders given by
Prabahakaran to kill over 402 policemen who surrendered to the LTTE on
the instructions of the then government. The Premadasa government
believed the LTTE would honour its word and release the Policemen. Thus
over 402 policemen were butchered by the LTTE and sacrificed by the
government to keep the farcical truce it had with the LTTE alive.
Mr. Fein, if you are really interested in Prosecuting war criminals
then you will without much difficulty find cogent and overwhelming
evidence against Prabhahakaran in the testimony of a very credible
witness Karuna Amman, his one time deputy and the former child soldier
Pilliyan, now the Chief Minister of the Eastern Province. Talk to them
they will surely broaden your vision.
The only way Tamils could find justice in Sri Lanka is to eliminate
Prabahakaran and elect their own leaders democratically as the Tamils in
the Eastern Province did.
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