Terrorists until proved innocent?

  • 5 Dec 2007 10:26:28 GMT

    Questioning and releasing over 1000 people in a day will

    be better than than Muruli`s record!

    Anyway good luck!

  • 5 Dec 2007 10:27:40 GMT

    [When those innocent are subjected undue torture and harassement, they too take up arms.]

    This is only a popular myth. During insurgency of 1989 lot of us subjected to harrassements, but never thought of getting arms. Instead if you keep security high, it will not allow anyone to do terror acts.

  • 5 Dec 2007 11:48:59 GMT

    It`s the sad reality when fighting one of the most ruthless terrorist outfits in world trying to carve out a mono-ethnic `nation` out of an existing country.

  • 5 Dec 2007 14:12:15 GMT

    [Terrorists until proved innocent]

    Before the British came along and imposed their legal system on Sri Lanka with the concept of `Innocent until Proven Guilty` the indegenous concept that existed in ancient Sri Lanka even before the Dutch and the Portugese arrived Sri Lanka, was `Guilty until proven innocent`.

    Apart from that, the system of justice that prevailed in ancient Sri Lanka was the `Inquisitorial` system of justice and not the `Adversarial` system, which came along with the British. This was the system in existence in most of the countries in the eastern world until conqured by the British.

    China still for example has that system where the aggressor or accused has to prove himself innocent. They also have the `Inquisitorial` system of justice and not the `Advesarial` system of justice.

    So in this instant when about 99% of the Tigers happen to be tamils it is difficult for the armed forces to distinguish between a tamil civillian and a hard-core tiger who is not in uniform. Therefore the system of `Guilty (or at least Suspect) till proven Innocent` is the only solution in keeping with the indegenous legal systems that existed.

    However that alone does not justify inhuman treatment once taken into custody as that amounts to punishing before the suspect has proven himself or herself innocent.

  • 5 Dec 2007 15:24:49 GMT

    LTTE has purchased many properties in South and proxy of LTTE are living there. So when they receive an order from their cardre they will execute it. To stop such action people have to be vigilant.

  • 6 Dec 2007 06:00:04 GMT

    Our government is keen to make terrorists out of innocents......suppose, so-called innocent terrorists after being arrested by the authorities for more than once,naturally, their mind set to be feeling like criminals/terrorists...koz police/jail/abductions...etc will be no more something new for them........then, they will have gutz to do something else ....

    so, who is responsible?????

  • 6 Dec 2007 06:16:59 GMT

    [so, who is responsible?????]

    the ltte :) cos if not for their mono ethnic separate state concept...tamils won`t be the main suspects of being terrorists

  • 6 Dec 2007 10:07:41 GMT

    [Treating all Tamils as terrorists until proved innocent is the wrong way to set about that noble task. ]

    But that is the reality not only in Sri Lanka but in many parts of the world including Australia, until those who have the power to `judge` get to know Tamils at least as individuals. It`s catch 22.

    There is no solution to this from the leaders of either side or the International community. Tamils have to find their own solution through everyday life. The problems experienced by Tamils in Sri Lanka are also experienced by minority groups all over the world. We are more prominent because we fight back.

    Today, for example I had the following experience in an Australian court:


    I was required by the University of New South Wales, through the Downing Center Local Court to appear before the court on Thursday, 06 December 2007, under an Examination Order which stated that I owed the UNSW $11,785.75. This was the fee paid to James Mattson for appearing against me in the Supreme Court of NSW. All Mattson had to do to get that money was to file a notice of motion for summary dismissal and then attend court and look impressive.

    On 06 December, Mattson was facilitated by the Downing Center Local Court to question me - about details of my assets and liabilities. Mattson kept asking me for Bank statements. I gave him copies of title documents and summary statements from the bank but Mattson kept saying that I did not present current bank statements. I said that my husband usually operated the accounts and did the housekeeping records for them , but Mattson kept insisting. I felt really upset and asked him to use the documents that were already submitted early in the year. Mattson said they were old - last year`s figures. During the conversation I realized that Mattson was enjoying the high-handed approach that he was facilitated to take. I said `You are not the judge. You are only a lawyer. If you are not happy with what I have given , then report the matter and stop harassing me.` Mattson went up to the Court Officer and said that I was not cooperating and asked for a Registrar. The officer said he was a registrar. I said that I had already given the documents but that Mattson was harassing me. The registrar said if I had already given them there ought to be no difficulty in giving the details again. I said that it was making me sick - that my head was pounding. The registrar said that he would then need to send us before a magistrate and that might take the whole day. I said `alright I will do it again , even though to me this does not seem to be justice`.

    We went back again and I tried to contact my husband to get the bank account number for the only one Mattson did not have in his possession. Those details were sent to Mattson previously. But then he was allowed to ask for the same thing again and again for effectively he was the judge and I the accused in that courthouse.

    I asked Mattson ` You seized property worth $20k. What happened to all that money` Mattson said they were sold for $1,242.72. I said `what?` `Were they all sold?` Mattson said `To my knowledge yes`. But then Mattson has a habit of having no knowledge so he could avoid due process in court and merely show his white-lawyer culture and get what he wished against me. I repeated the question a few times for it was difficult for me to digest that they fetched only that much for all that property. Mattson repeated the same answer.

    I said `Now that you have collected $1,242.72 the debt would be less than $10,000 which means that there is no lawful authority to sell my land.` Mattson said `you pay and the caveat will be lifted`. I felt like punching him in the face. This resulted in me mentally hitting myself on the head - for letting this lowly character upset me.

    I said `You have not informed the court about the amount collected - have you?` Mattson did not respond. Why should he? He was the all powerful judge.

    Mattson asked me `Do you get any income? I said `no.` He asked me `Does anyone owe you any money?` I said `Yes, UNSW owes me $90,600 for work done at the invitation of delegated officers`. Mattson put his hands up and said all that was settled in the Supreme Court and the Federal Court. I said `They were not settled. You had the claims summarily dismissed`

    Mattson drilled me about the Coogee property - our home unit. I said ` It`s worth 2.5 million dollars but left to you, you would sell it for two thousand five hundred dollars.`

    After spending time studying the title documents - most of which had to be explained to Mattson by me - Mattson went over to meet with the registrar and said that I had not delivered most of the documents listed and hence he sought a fresh date. The Registrar said he would list a date in February. I said `I am scheduled to go to Sri Lanka in February`. Mattson asked me why I was going to Sri Lanka and for how long? ` I said `I am going for an International Conference on Kathirgamam and other humanitarian projects and I intend stay there for a month.` I said `It is for these purposes that I wanted the caveat on the property lifted`. Mattson did not relent.

    Mattson said to the Registrar that I had to deliver all the missing documents before the next date. I said `He already has most of the documents. The ones missing are the bank statements which were sent to him previously.`. Mattson said they were old and that he needed fresh statements. I said ` The title documents would be the same. The bank statements could be delivered today itself`.

    I was really really upset by this time. I turned around and said to Mattson `You are a lowly person. You are not a professional. You take my assets away by force and now you want to take my home unit also away. I see no justice in this. In fact you are an insult to this court. There is no justice in you`. Mattson mumbled `I am only doing my job`. I said ` You are doing worse than a process worker. There is no professionalism in your work. There is no conscience. You are a disgrace to the profession.` Mattson said `You are being abusive`. I said `I am expressing my pain. I stood up for Justice and Non Violence and this is what I get in return. Since I don`t deserve it, you will get it back. You will hurt and your family will hurt. I am cursing you and all those who caused this.` The registrar said about the costs for the day`s appearance claimed by Mattson that the legislation did provide for it - and I said `The alleged debt is Mattson`s fee, for which orders were obtained by influencing judges. Mattson was hired for that purpose instead of using the University lawyers. Now he wants more costs from me.` The registrar said `No one is influencing me.` I said `That good. Thank you`.

    After Mattson left, I sought the services of the Registry staff - as indirectly indicated by the registrar. They helped me apply for settlement in installments. I explained that I needed the loan money to start earning income on my projects through my newly set up business Australian Tamil Management Service and that I needed the caveat on my property to be lifted before the bank would release the loan. I started crying when the registry staff showed kindness. The lady gave me some tissues and the forms to fill out. The gentleman (I think his name is Mr. Wood) next to the lady was very very kind and paid special attention to my request. I told myself `these staff are also part of the court system. It`s important that I recognize the courts through them and not through the likes of Mattson.`

    I gave Mattson my affidavit with photos of armed officers entering my home unit]

    When we get involved in any issue - we must know what to do beyond what others have power to deliver. My way of fighting back is to educate the Public through the avenues available to me - including counseling services and training.

    We all face problems as per the level of our involvement. The more we expect `others` to endorse us - the more anxiety we have. Once we know the system and therefore its limits - we must not expect beyond what the system can deliver - be it the Lankan government or the LTTE or the Australian Judiciary. They have their limits and in the name of democracy no one is responsible. But if you feel the experience by losing consciousness of the physical level outcomes - you will WORK the system - as if you are the system. THIS is what Tamils have to do. I am already helping other Australian Tamils do this.

    Gaja Lakshmi Paramasivam - Australian Tamil