LTTE exporting terrorism for profit
Why Bruce Fein has come forward to deproscribe LTTE
in US? - Hemantha Warnakulasuriya:
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. Given below is the text of the letter sent by Hemantha
Warnakulasuriya to Bruce
First part of this article was published
yesterday
This very passage was against the posters that appeared in the
aftermath of the riots to kill Tamils. In fact, the Sri Lankan
Government 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.
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Hemantha
Warnakulasuriya |
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 percent 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 anti-terrorism 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 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 may 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 Lawmakers felt that the decision of the Supreme Court enshrined the
rights of the terrorist 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. -
Asian Tribune
To be continued
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