Court ruling stressed annulments based on procedure:

EU classification of LTTE as a terrorist group stands

By Manjula Fernando

Italian Ambassador Pio Mariani and US Ambassador Robert Blake were injured when the LTTE shelled a town in Batticaloa when a team of Colombo based Ambassadors visited the region on February 27, 2007 . Here the Italian ambassador with an injury on the back of his head.

The recent ruling by the EU Court that lifting sanctions of certain restrictions imposed on the LTTE as a terrorist organisation within the regional block provided the break the Opposition was waiting and longed for to desecrate the Government.

The ruling is to become effective in less than three months, if poorly contested.

Among the allegations it levelled against the Government is as to why Sri Lanka did not make it a party to the case before the EU court, when the LTTE took action in 2011 to seek an annulment of the EU listing and restrictions.

The EU formally termed the LTTE as a terrorist organisation on May 29, 2006. As a result the LTTE lost control of all its economic assets in the then 25 member EU, suffering the biggest blow to their financial strength thus contributing to diminish their military capacity resulting in the conclusion of military operations at amazing speed.

In a press release dated May 31, 2006 issued by the European Council in Brussels, the action taken against the LTTE was described. The first part of the press release reads,

"1. The Council of the European Union (EU) decided on 29 May 2006 to include the LTTE (Liberation Tigers of Tamil Eelam) on the EU list for the application of specific measures to combat terrorism. This list contains the names of persons, groups and entities against whom, for reasons of their involvement in terrorist acts, specific restrictive measures have to be taken, including:

- The freezing of funds and other financial assets or economic resources of the persons and entities specified,

- A ban on the provision of funds, financial assets and economic resources, and a ban on the provision of financial or other related services, directly or indirectly, for the benefit of these persons, groups and entities,

- Police and judicial cooperation between EU Member States.

2. The decision of the EU to list the LTTE should come as a surprise to nobody. Several warnings have already been provided to the LTTE, which the LTTE has systematically ignored. In its statement of 27 September 2005 (12669/1/05) the EU stated that "it was actively considering the formal listing of LTTE as a terrorist organisation".

The EU then called upon all parties to show commitment and responsibility towards the peace process and to refrain from actions that could endanger a peaceful resolution and political settlement of the conflict. Unfortunately, this appeal has gone unheeded.

The decision of the EU to list the LTTE is based on the actions of that organisation.

The EU still sees a need for the LTTE to amend its violent course and return to peace talks, and will maintain its dialogue with the LTTE where such contacts, in the pursuit of the peace process, may help to bring about a return to negotiations and an end to violence. Listing the LTTE will not diminish the EU's determination to play its role as one of the Tokyo co-chairs (Japan, Norway, the US and the EU).

The EU stresses that its decision is directed at the LTTE, and not at the Tamil people."

In the press release, the European Council also urged the Government of Sri Lanka for restraint and to curb violence in areas outside the LTTE control.

The Opposiiton has offered the explanation that Sri Lanka did not effectively obstruct the lifting of the ban because the Government was now eyeing LTTE funds in EU soil and also because it was conniving with the terror outfit's dormant leaders in exile.

The Geneva gate is their latest theory.

The question of Sri Lanka refraining from becoming a party to the case was asked not without the knowledge that if Sri Lanka did just that, we would be subjecting the country to the jurisdiction of a foreign Court, in turn compromising its sovereignty.

Besides, being a non member state of the European Union, Sri Lanka must fulfilll special conditions which are contrary to its interests, if it was to be allowed to intervene as a direct party before the EU Court. And the appeal will also be submitted for observations by the parties to the case.

The intention of these politically motivated allegations, is to get maximum mileage from the opportunity at hand and not safeguard the interests of the country or its people, an independent observer said.

External Affairs Minister Prof. G.L. Peiris said if Sri Lanka wanted to be a direct party to the case, the Government has to make a special appeal to the General Court of the European Union. The LTTE filed two cases against the European Council in 2011 to get them a clear bill of record and unfreeze their assets. The UK and the Netherlands, both members of the EU are supporting the case against the LTTE.

"We will not subject our country to the jurisdiction of a foreign court of law. This is a fundamental principle of our foreign policy. We have always upheld this policy and if we presented ourselves before the EU court to contest the case, it would have been a clear violation of this principal. The action will have grave implications to the country."

Instead Sri Lanka has submitted information and necessary documents to the Council and hired legal experts from Brussels to get advice as to how sensible it is for Sri Lanka to get involved, jeopardizing its diplomatic immunity.

The Minister said he met Ambassadors of 17 EU member states based in Colombo, within 24 hours of the Court ruling and discussed what action to be taken in the future as well as alternative action to curb LTTE activities in the EU.

A foreign Ministry spokesperson said the Sri Lankan Government is currently compiling yet another dossier containing material to be used against the LTTE in case the EU planned to bring in additional restrictions against the LTTE.

It can be done simultaneously with the appeal. The appeal has to be filed by parties to the case and Sri Lanka being a non party cannot take part in the appeal.

The parties have to rectify the procedural errors that resulted in the verdict by the General Court of the EU. This appeal will be based on legal arguments. "We have provided information and we will continue to provide such information to the European Council to keep the LTTE under the radar and out of action."

The Sri Lankan Heads of Mission based in European member states have already briefed their Capitals with some in the process of meeting them in regards to the Court ruling.

The spokesperson said it was mere political harangue to say that the Government was sitting on the outcome of the EU Court case.

"We have already approached the EU members seeking an appeal and some countries have already responded to our concerns," the spokesperson said.

The leaders in exile of the banned outfit, following the judgment, have begun celebrating. A mega show of strength is planned in London on November 27 heroes day to welcome the outcome of the EU case.

This is despite the Court ruling that stressed, with bold letters, those annulments were based on fundamental procedural grounds and it does not imply 'any substantive assessment of the question of the classification of the LTTE as a terrorist group'.

Meaning, the Court submits that a substantive assessment is needed to annul the classification of the LTTE as a banned terrorist organisation and the annulment that was announced on October 16, 2014 by the EU Court is in relation to LTTE's placement on the list of frozen funds of terrorist organisations.