Online edition of Sunday Observer

The Court of Thamil Eeelam as the hall of justice of the LTTE in Kilinochchi in the Vanni is called is announced by the usual fang-bared Tiger, the LTTE emblem that is present on the outer surroundings of all prominent buildings. The Vanni based legal arm of the Liberation Tigers of Tamil Eelam, which the LTTE explains as being at present mainly based on the Theswalamai customary Tamil law, is apparently as rigid as their reputation as guerillas.

PALAI POLICE STATION: No State language on the sign board, few months ago. - (Pic. ANCL file photo).

"It is by having capital punishment as a part of our law that we maintain such discipline", the LTTE Administrative head of the Vanni region, V. Puvanhan declared in an interview with the writer, adding that the law practised in the Vanni based on Thesawalamai principles were guided by Velupillai Prabhakaran who is the patron of the Vanni Law Association.

In the Vanni, it is a known fact that the law of the LTTE does not spare those who may be in high positions of the organisation, if proved guilty, especially in relation to crimes such as rape.

It is the claim of the LTTE that their law is in accordance with international humanitarian law with around forty law students per year passing out of the LTTE Law College located in the Malawi region in Vanni, after two years of training. None of the hundred and fifty lawyers practising in Vanni charge their clients. Instead the lawyers are paid a monthly salary of Rs. 3,000 by the LTTE.

The concentration at hand is the issue of the interim administration; how and what changes would be wrought in the Vanni region which has been managed by the LTTE largely as a de facto state with its own legal and police system, cut off from the administrative norms of other North East regions which is managed according to the Government Constitution.

Appathurai Vinayagamoorthy, senior lawyer and member of parliament of the All Ceylon Tamil Congress, opining on the issue of legal changes that would need to come into being with the Vanni being united with other regions of the North East, through the prospective handing over of the interim administration to the LTTE, says that it is important that no drastic changes are wrought as a result.

Vinayagamoorthy, who recently visited the Vanni this week along with other Tamil MPs, most of them lawyers, to discuss with the LTTE leaders, among other matters related to the interim administration, the issue of legal changes, explains that changes could be made that would supply the people with a justice common to all. "It was recently revealed by the Attorney General that an Appeal Court would be set up in each province.

It is important that the Appeal system is represented at a provincial level. Lobbying for this change would be our immediate concern", points out Vinayagamoorthy adding that he does not see any need for drastic changes in the legal structure as a result of administrative changes throughout the interim administrative system.

Interviewed by the 'Sunday Observer', the Chief Magistrate of Jaffna, N. Wicknarajah who has requested the Government to open a law faculty in the Jaffna University, points out that there cannot be a parallel legal system.

"The war has made separation possible and for a different kind of administration to take place in one part of the country, outside the constitution followed by the Government. There cannot be two laws in one country. There can be only one Judiciary and one Police force", points out the Jaffna Chief Magistrate.

According to him the changes such as the law students of Vanni having to sit for the law college final examination in order to qualify as lawyers would have to be made in the long run in order to suit the standards of law. "The aspect of the Judiciary is the most intricate and the most important with relation to the working out of modalities for political responsibility to be thrust upon the LTTE through the interim administration.

This responsibility will clearly have to begin with the LTTE accepting the constitution of the Government. Whatever changes that need to be made to amend the constitution, if needed for the benefit of all communities, will need to be determined following initial talks between the LTTE and the Government but as the Prime Minister Ranil Wickremesinghe stated in his speech in jaffna, administrative changes would be carried out within the present constitutional framework safeguarding the territorial integrity of the country", points out Mr. Wicknarajah.

RIGHT of REPLY

The principal of Jaffna Hindu College has written to the 'Sunday Observer', the following letter which we publish below along with the short response of our reporter.

The Principal, Mr. A. Srikumaran states:

"Reference to the article published in your esteemed magazine of July 7, 2002, titled 'Jaffna: Coping with Peace, LTTE' and authored by Frances Bulathsinghala.

It is with deep regret I wish to point out that the statements made by your correspondent about our school, jaffna Hindu College, are totally false, irresponsible and grievous.

1. There was no meeting 'which includes video exhibitions of past attacks' organised by the LTTE held in our school, with the idea of recruitment.

2. As such, it is needless to say that our students hadn't any chance of being 'inspired' towards them, to be recruited in 'large numbers'

3. There wasn't any single incident of any of our students joining the movement as stated. The number on roll remains static and there had not been thus far any complaints from parents of missing children.

4. Could your correspondent kindly furnish the name and the particulars of the 'one young boy whom she is referring to? It is my humble request that the journalists should realise their responsibilities at a critical juncture like this and discharge the duties with utmost care without coming out with off-hand statements, causing immense injury to the cause of peace in Sri Lanka."

Our reporter stands by her story.