28 November, 2020

Blog

No Release Today; Tamil Political Prisoners Further Remanded

The government today failed to honour its assurance to release the first batch of Tamil political prisoners.

Tamil political prisoners numbering 32 who were to be released today was further remanded by court as the Attorney General’s department had not made applications to court seeking bail for the suspects.

C.V.Wigneswaran - Northern Chief

C.V.Wigneswaran – Northern Chief

The Court remanded 32 Tamil prisoners till November 24 when they were produced in courts anticipating bail by prisons officials.

Commissioner General of Prisons Rohana Pushpakumara in a statement yesterday said, the Attorney General’s Department will make applications to court today seeking the release of 31 suspects who have been detained under the Prevention of Terrorism Act.

Pushpakumara said only those with bailable offenses will be released and they will be produced before the respective courts today.

The Commissioner said further 32 inmates will be produced before court in the next phase.

He said the decision to release the prisoners was taken after several rounds of discussions with the President, the Prime Minister and the Attorney General’s Department.

Pushpakura in the statement said that the government was studying the cases of rest of the prisoners with a view of providing them with maximum relief possible.

According to the Commissioner General of Prisons, 116 individuals have been filed charges under the Prevention of Terrorism Act at the High Court while further 52 have been filed charges at the Magistrates Court.

Meanwhile with the news of the 32 prisoners being further remanded several protests broke out in some locations in the North and East.

The northern provincial council led by Chief Minister C.V.Wigneswaran condemned the move calling the government to keep its promises.

Meanwhile some Tamil political parties have called for a hartal in the north and east to protest the failure of the government to release the prisoners as promised.

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Latest comments

  • 8
    6

    This clearly shows without an iota of doubt that the Sinhala Buddhist governments, professing good governance or not, will never give justice to Tamils. Furthermore it is a clear violation of laws as no law allows these prisoners to be held so long without a trial.

    Sri Lanka even today proves to be upholding the impunity of the rulers and the agents of the state.

    The UN better note this small little matter to take over the war crimes investigations themselves.

    Accused never find themselves guilty! Sinhala Buddshit majoritarians never dish out justice to Tamils.

    • 3
      8

      They have a lot on their plates. For 50 years we’ve gone through this crap. Another 5 years to solve the problems is reasonable. Give them a chance!

    • 4
      2

      SJV Chelvanayakam after his release from detention for a few months in late 1961 said, in governance “There is a thing called HONOURING ONE’S WORD”.

      He alluded to promises made prior to July 1960 election, dishonoured with electoral success thereafter. That occasioned the sathyagraha in early 1961, but for which there would have been no need for tumult.

      Cavalier treatment will never ever bring about rapprochement. Should Tamils say this?

      • 2
        3

        The so called ‘Miracle of Asia’ Sri Lanka shows the way for ‘Rehabilitation’ with Tamils…LOL!

        No Wonder the TNA rules in the N & E, thanks to Sinhala racism.

        President Sirisena does not need a foreign government or a UN body to tell him to use common sense.

        The Tamils fully supported in electing President Sirisena for Yahapalanaya and NOT for Bananapalanaya.

        • 0
          0

          It is the weakness of this government that TNA is allowed politics..Mahinda rajapakse should have charged TNA politicians just the way HItler’s party members were charged after WW victory.

          Mahinda tried to get soft and didnt do that….I dont think anyother country would have allowed TNA to function…after winning war..

          SL has showed the way for rehabilitation by releasing 13000 LTTE cadres. I personally think they should have been punished for their terrorism.

    • 5
      5

      thiru,
      That is why I say terrorism never pays. Look at the terror suspects in Guantanamo Bay. They haven’t had a trial by the US gov. either, who are champions of human rights. Isn’t it sad?

      • 4
        3

        How come they released all the JVP prisoners (both 1971 & 1989)? Is it because they were Sinhalese?

        When it comes to Rehabilitation of political prisoners, racism should not be one of the criteria.

        Ranil/My3 govt. should use common sense, if the TNA joins with the political prisoners on a hunger strike, it will attract the foreign governments (US, UK, EU, etc)and the UN body to get involved and make a mountain out of ant hill. Do we need that?

        • 3
          3

          suresh,
          JVP terrorist were different. It was an internal conflict without foreign involvement or diaspora funded. Once the conflict was under control and kept under surveillance the chances of possible reemergence is zero.
          LTTE terrorism was totally funded by the diaspora who are still active against the SL government. Look at the number of Tamil organizations in the west who are still functioning under many different names.
          Until these terror suspects are properly investigated and rehabilitated they should not be released. Countries like Canada and UK haven’t opened up their countries for us to investigate perpetrators living in those countries and their terror related activities. Once these problems are solved we need to keep them locked up. Why do you think the US is not releasing their Guantanamo Bay terror suspects?

          • 1
            4

            SINHALA TERRORISM with the full support of the STATE OF SRI LANKA started long before the word “Diaspora” came into being in the wretched country.

            In fact more sinhalese started settling in the western countries long before the Tamil started settling in the West. Tamils who went for higher studies came back to the country as they loved their native villages.

            When it became unbearable to live under the intimidation of the Sinhala thugs with aiding and abetting from the Sinhala dominated government only they started running away from the country.

            Unless some decent politicians have the courage to put a stop to the Sinhala Terrorism, no one can prevent this country from the DOOM!!!
            Unfortunately we have not seen a descent Sinhala politician yet!!

            Eusense, the suggestion in your last paragraph should be applied to the well known Sinhalese thugs who are still shamelessly parading without any shame or guilt!! They should be “locked up” Immediately for the betterment of all the people of Sri Lanka!!

            • 0
              1

              sam,
              The term “Sinhala Terrorism” is a myth. If there was/is Sinhalese terrorism there won’t be any Tamils left in Sri Lanka. If the GOSL allowed the LTTE terrorist to carry on with their killings there would be no Tamils living in SL. Open your eyes, Tamils have every right what the Sinhalese have. Most Tamils are educated, professionals, rich businessmen, real estate owners in all parts of the country. Their children have the same opportunities what the Sinhalese children have. Since Tamil terrorists were eliminated there were no Tamils that were harmed by the security forces. All harm to the Tamils were collateral damage due to the LTTE terrorists using them as human shields and the LTTE cowards fighting in civilian attire. Tamils like you should have anticipated such collateral damage on innocent Tamils and rejected what the LTTE was doing. Did you any time write on “Tamil LTTE terrorism” like what you are writing today??
              Also, you need to know that maintenance of law and order by the security personnel is not “terrorism”. I want the GOSL to ensure security of its citizens.

            • 0
              1

              There is nothing called sinhala terrorism..the only thing is tamil terrorism

          • 0
            0

            Eusense,

            The hard core terror suspects are not these fellows but their leaders like KP, Karuna, Pillayan and so on who are already outside.

            These people have been detained without charges for fifteen long years for “selling papadam & coconut oil” for the LTTE, somewhat similar to those JVP suspects who were pasting posters.

            It is a crime to keep them in jail without any trial for decades.

            You are wrong in saying that the chances of possible JVP reemergence is zero because after 1971, they reemerged in 1987. There is always a chance for the LTTE to reemarge if the govt. continues to mistreat the Tamils like keeping them in jail without any charges for many years. This kind of behaviour by the govt. will encourage the Tamils to take up arms again.

        • 0
          0

          yes it is because they were sinhalese…not only that the released 13000 LTTE were sinhalese as well.

        • 0
          0

          JVP Terrorist’s youths who attacked the Police stations are Sinhalese and the LTTE Terrorists suspects are Tamils.

      • 1
        2

        Nuisance

        What is the difference between sach, yourself and a knife?

        • 0
          0

          sach has a brain….why NV? I am racist…problem with it? I am racist against racist tamils…if you dont have a problem with racist tamils..you should not have a prob with it ….got it?

          And you know what else..who cares

          • 1
            0

            sachoooooooooooooooo

            What is the difference between you and a knife?

    • 0
      0

      You understand the accused here is THE TAMILS…the ones the government is reluctant to give bail are the ones who helped suicide bombings in Moratuwa, Dehiwala, Piliyandala and terrorist attack against Gota and SF..

      It is this SL gover that is crazy for even thinking to bail them out…Any other country would have punished them by now..

  • 8
    2

    This Ranil /My3 govt. cannot get anything right, lethargic, ineffective , they sit on problems . AG dept. is under Wijedasa the loser, man aiding & abetting corruption.

    • 11
      1

      Ordinary Lankan

      Don’t you think this is another way of undermining the democratically elected Tamil representatives, make them ineffective and unable to deliver what they set out to do during and after the elections?

      Its a competition between “Will of the People” and “Will Not of the State”.

      In this island “Will of the People” does not matter as we have witnessed it since 8th January.

    • 6
      1

      Ordinary Lankan,

      Be patient. Show some understanding.

      Our highly ethical, law abiding AG & his legal henchmen are buried in bribery & criminal cases against cronies of the previous regime. Poor guys are really busy looking for loopholes to cover up or delay those cases first. A matter of national interest.

      AG just could not find the time to prepare the required docs to be presented at the Courts today in time. Unfortunately former LTTE suspects must spend a few more nights in custody.

      Cheers!

      • 7
        1

        Ben Hurling

        “Unfortunately former LTTE suspects must spend a few more nights in custody.”

        Charge them or release them.

        How come Clan and their carriers are being released on bails although they have been accused of every crime that is known to mankind?

        Didn’t the MR cleptocracy have had 6 years to investigate, gather evidence and charge them for crimes they supposed to have committed?

        I am beginning to wonder whether those innocent civilians who surrendered to the armed forces in Vanni were bumped off in order to avoid costly and time-consuming case proceedings.

        Please let me know if you have any clue.

        • 1
          3

          Native Vedda,

          “How come Clan and their carriers are being released on bails although they have been accused of every crime that is known to mankind?”

          They have not been charged under the PTA or the Offensive Weapons Act that allow no bail. That makes a big difference assuming the police, courts and AG follow the law.

          “Didn’t the MR cleptocracy have had 6 years to investigate, gather evidence and charge them for crimes they supposed to have committed?”

          They did but normal criminal cases also can take 10 years or more.

          “I am beginning to wonder whether those innocent civilians who surrendered to the armed forces in Vanni were bumped off in order to avoid costly and time-consuming case proceedings.”

          Why would innocent civilians be charged with offenses? Who decides who was innocent? You?

          If you mean the LTTE leaders that surrendered and then vanished I agree with you. They were bumped off. This was a war crime but to be honest a bad man killing another bad man does not make me cry.

          • 7
            1

            The Rogue Ayer

            “They have not been charged under the PTA or the Offensive Weapons Act that allow no bail.”

            Have all these Tamil detainees been charged under PTA?

            “They did but normal criminal cases also can take 10 years or more.”

            Is it a good excuse to detain people who have not been found guilty for years on end? Would you accept the inefficiency of the legal system if you are being detained for 6 or more years? Why the hell are you defending a racist, corrupt and an inefficient state institution which doesn’t too hoots about ordinary people? What is in it for you? Rather you should be campaigning against such inhumane state institutions.

            “Why would innocent civilians be charged with offenses? Who decides who was innocent? You? “

            Are the war criminals who decide who live and who die because they didn’t have to go through the “tedious legal” process? Were you at the war front receiving and bumping off civilians whose faces you didn’t like? Were they deemed parasites?

            “If you mean the LTTE leaders that surrendered and then vanished I agree with you.”

            Who did give you the idea?

            I meant women, children, elderly.

            “This was a war crime but to be honest a bad man killing another bad man does not make me cry.”

            On what basis one decides one is good or bad? Gota decides you are a bad man would you like to die because Gota says so?

            You got a long way to go so does the country. The country will only be safe if you spend rest of your life incarcerated – I hear some people murmuring.

            • 0
              5

              Native Vedda,

              “Have all these Tamil detainees been charged under PTA?”

              No. Also Offensive Weapons and “Emergency” Acts. I refer to the total of 200-300 Tamil prisoners not just the 31 who were to my best knowledge charged under the PTA.

              “Rather you should be campaigning against such inhumane state institutions.”

              I am.

              ” Are the war criminals who decide who live and who die because they didn’t have to go through the “tedious legal” process?”

              I don’t understand what you try to say.

              “Were you at the war front receiving and bumping off civilians whose faces you didn’t like?”

              No.

              “Were they deemed parasites?”

              I don’t know since I was not there and have never asked anybody who was there.

              “Who did give you the idea?”

              It was my own but maybe not very original.

              “I meant women, children, elderly.”

              I did not. Women and elderly can be bad.

              “On what basis one decides one is good or bad?”

              I decide based on what I know but only when I know the persons and their background. I can not speak for others.

              “Gota decides you are a bad man would you like to die because Gota says so?”

              No.

              “You got a long way to go so does the country.”

              I agree.

              “The country will only be safe if you spend rest of your life incarcerated”

              OK. Thank you for your opinion. There is a new prison in Jaffna.

              “I hear some people murmuring.”

              Feel free to do that. I only hear the fan and the birds outside.

      • 0
        0

        Unfortunately former LTTE suspects must spend a few more nights in custody.//

        Oh ben LOL

  • 3
    1

    Apparently some elements that were favourable to the former regime are still holding positions of power. Unless the government makes appropriate course correction there will be disaster again!
    Sengodan. M

    • 0
      0

      Wijedasa Rajapassa is a MR stooge…he prolly is hatching a plan B for MR n GR to come to power…. a coup…MAY BE

  • 4
    1

    Past president MR went out of his way to get labelled as a liar by breaking nearly all the promises he made in connection with the problems of the Tamils.

    Now it looks like the present president is also following the same route despite his earlier preaching about ‘Good Governance’ in order to get elected.

    Ranil and Maithri duo appear incapable of providing good governance either to the Tamils or the Sinhalese or to anyone else.

    The first rule of ‘Good Governance’ is that the leaders of a country should not keep telling lies at every turn. It is amazing how our politicians and senior government officials can tell lies with the same facile ease as a pavement hawker!

  • 2
    3

    Sri Lanka do not have political prisoners. These are hardcore terrorists who were caught while planning to kill innocent civilians by placing bombs in public places. These guys need to be prosecuted for the criminal involvement.

    • 7
      2

      Pastriot

      “Sri Lanka do not have political prisoners.”

      You may be right.

      Most of them are innocent civilians who refuse or too poor to pay kappam to buy their freedom.

      “These guys need to be prosecuted for the criminal involvement.”

      Some of them have been there for the past fifteen years. Why has it taken that long to gather evidence and charge them at proper courts?

      I heard somewhere that Justice delayed is Justice denied. Is it true? If it is too complicated just forget it.

  • 3
    1

    Not even one year has passed, already the people of Sri Lanka are totally fed up with this yahapalana government. The Ranil – Sirisena duo is incapable of doing anything good to the nation. Neither of these two will ever get elected again if there is an election. The people wanted to get rid of the powerful dictator – Hitler Rajapakshe but instead they have brought in the two powerless clowns Mr. Bean Ranil and Mr. Chaplin Sirisena who cannot do anything other than clowning around.

  • 2
    0

    Ordinary Lankan
    .
    Don’t blame govt. They are doing their job efficiently, as planned. Ranil, master mind, has caused dissension discord and division among TNA members by setting Abraham against Wicky. Why did Abraham made public the internal quarrels through a Tamil radio inAustralia. Main accusation against Wicky is that he made excuses when Abraham asked him to go to Canada and collect funds for the election. What a joke! .Do we have to blame Abraham or the people who elected him?

    As you know Ranil is not in good terms with Wicky and now using Abraham to remove him from FP. No one can match Ranil’s cunningness. As expected President PM and their ministers are playing their game superbly and Tamils , by electing worthless politicians, have no chance of winning anything.

    Have you noticed that Ranil made Mano Ganesan very quiet by giving him a worthless ministry.

  • 3
    0

    The question is whether the Commissioner of Prisons and the Attorney General are guilty of crimes for holding these prisoners unlawfully. This must be examined. Even if the imprisonment is lawful under Sri Lankan law, its legality in terms of human rights law has to be established. We in the diasporal will certainly assist the Commissioner by exploring the legality of the continued imprisonment of these persons over so long a period. We will take action should Mr Pushpakumara seek to travel to any diaspora country.

    • 2
      0

      Which court in SL will be able to proceed on the Human Rights Law when the Minister for Justice or rather Injustice and and only ‘YesMen’ and rogues are inducted into the Attorney General’s Dept.
      As long as the PTA is kept validated any one can be arrested and kept indefinitely in prison and the keys thrown away and wh can query that?

  • 2
    1

    Nobody ever doubted the outcome. Tilak Matapannai’s resignation drama predicted the direction the Government to go for divert the attention of prisoners’s release. Wijedasa Rajapaksa has said he can not arrest a hero, sacrificed many things to defeat the terrorist, for the request of the thieves criminals. Wijeyadasa Rajapaksa has clearly answered to UNHRC’s request to investigate the war criminals. He has openly spoke that they are waiting only Sec.Kerry leave (that is, the current administration with whom they had made the 2015 UNHRC resolution agreement). This was the case when Hakeem was the Injustice Minister too, in the Old Royal’s government. That is the unwillingness of the government side.

    The somersault of TNA is also not anything inferior to the government. The same way, the TNA clowns who repeatedly assured to the false arrest prisoners and their poor families of the release, now flying high on big projects of firing CV from NPC and bringing a UNHRC case for ethnic cleansing of of Muslims. Sadly neither Sumanthiran nor Sampanthar appears to be concerned the prisoners. That how the TNA leadership is trying to divert the attention of Tamils from the prisoners release. But Sampanthar used his opposition leader position to have recognised the protested Sinhala Students for graduate level.

    Certainly this is an extreme injustice created by Britain in 1940 of using Sampanthan, Sumanthiran Ananthasagari, Karuna, Pillaiyan, Devananda like Tamils against Tamils and for the betterment of Sinhalese.

  • 1
    2

    “Commissioner General of Prisons Rohana Pushpakumara in a statement yesterday said, the Attorney General’s Department will make applications to court today seeking the release of 31 suspects who have been detained under the Prevention of Terrorism Act.

    Pushpakumara said only those with bailable offenses will be released and they will be produced before the respective courts today.”

    While I don’t understand which offenses are bailable under the PTA the rest of what Pushpakumara promised happened today.

    “Thirty one ex-LTTE detainees were released by Colombo Chief Magistrate Gihan Pilapitiya today on strict bail conditions following the approval of the Attorney General’s Department.

    The inmates were re-remanded till November 24 this morning pending approval from the AGs Department. However, Counsel appearing for the AG stated they were unaware the case would be taken up this morning. Thereafter the Department had instructed the detainees be released.

    The Magistrate had annulled the order to re-remand the inmates till November 24 and released them on two sureties of Rs. 1 million each with strict bail condition. The case will be taken up again on January 27.”

    http://www.dailymirror.lk/94925/ltte-detainees-released

    Later they were returned to remand prison because nobody was willing to bail them out.

    http://www.dailymirror.lk/94931/released-detainees-taken-back-to-prison

    31 political prisoners need two personal sureties of 1000000 rupees. No cash please and the persons signing must be accepted by the court. Any volunteers? TNA MPs and Provincial Councillors?

  • 1
    1

    The RogueAyer

    Is this the “release” Sampanthan and Abraham are talking about and expecting from the President? Can you believe this?

    Let the people decide how to deal with these CHEATS.

    • 3
      1

      Maya

      “Is this the “release” Sampanthan and Abraham are talking about and expecting from the President? Can you believe this?”

      In case if Sampanthan and Abraham are just joking about the release would you like to join them on a midnight commando raid on those prisons free those prisoners?

      “Let the people decide how to deal with these CHEATS.”

      The biggest cheat of all, surrendered to Sri Lankan armed forces and was chopped to dead in mid May 2009. He won’t come back. How do you expect people how best to deal with him?

  • 2
    0

    “Thirty one ex-LTTE detainees were released by Colombo Chief Magistrate Gihan Pilapitiya today on strict bail conditions following the approval of the Attorney General’s Department.”

    It is not true. Nobody is out.All a continuous drama. Further, there must be more than 1,000 prisoners. 31 is only a cheating number. Gobi like virtual prinisors can not be countered. You may come to know only after their murders.

  • 0
    0

    Commissioner General of Prisons Rohana Pushpakumara “said the decision to release the prisoners was taken after several rounds of discussions with the President, the Prime Minister and the Attorney General’s Department”.

    I thought Crime and Punishment was the domain of the Police and the Judiciary. Why this round table conferences by all unrelated parties. Rotten politicians, rotten to the core when the unfortunates are rotting in prison.

    • 0
      0

      BBS Rep,

      “I thought Crime and Punishment was the domain of the Police and the Judiciary. Why this round table conferences by all unrelated parties.”

      I also don’t understand what is going on. I have a problem even when the government releases Indian fishermen who have been remanded by a court in SL. How does the government do that? By instructing the “Fishy Ministry/Dept/Whatever” to drop charges? It would be nice to see the documentation regarding the released Indian fishermen.

      My humble understanding is that only a judge can decide what happens to a person who has been charged in a court. The Prosecutor (for instance Dept of AG but usually the police) can suggest withdrawing charges but it is or should be the judge who decides.

      Yesterday Colombo Chief Magistrate Gihan Pilapitiya released 31 remand prisoners but nobody came to sign the necessary surety. The judge decided that two personal sureties of 1 million are needed and that the released should report to the TID twice a month. I can imagine that Chief Magistrate Gihan Pilapitiya is under serious political pressure to release these 31 prisoners, decrease the bail etc but he does not have to change his mind. Hopefully he does not. I must read the Bail Act again and consult a trial lawyer to find out how remand prisoners under PTA receive bail.

      My humble opinion is that the very fact that our President, Prime Minister ( a lawyer!), the government (many lawyers!) and TNA leaders (lawyers!) believe that they can release prisoners proves that the promised “rule of law” and “good governance” has failed.

      If I were a populist Southern politician with legal resources and media support I would use the highly likely illegal release of these prisoners against the government.

      • 0
        0

        “I must read the Bail Act again and consult a trial lawyer to find out how remand prisoners under PTA receive bail. “

        Not That Important. With the Brother Prince’s avantgarde actions, anybody arrested under PTA never.. ever can wrong. So no need for a provision in that to deal with.

        You know in some countries there are laws that anybody can throw stones and kill a woman who has come to the road without dressing as per the ones expectation.

        Then, even beyond that, in Sri Lanka like countries there are avantgarde lows that anybody can arrest any Tamils and put them in prison, out from there no judges not authorised to release without higher order.

      • 0
        0

        “I must read the Bail Act again and consult a trial lawyer to find out how remand prisoners under PTA receive bail.”

        With the consent from the AGs Dept according to the PTA but the judge decides.

        “My humble opinion is that the very fact that our President, Prime Minister ( a lawyer!), the government (many lawyers!) and TNA leaders (lawyers!) believe that they can release prisoners proves that the promised “rule of law” and “good governance” has failed.”

        Amnesty and presidential pardon are legal and acceptable but releasing prisoners thru influencing the AGs Dept and judges is totally wrong.

  • 1
    0

    The game of procrastination goes on – with absolutely no consideration to the rights and the feelings of the many hundreds of Tamil young condemned to languish in appalling conditions in jail. There are two different reasons put forward now why this first lot of 31/32 Tamil detainees were not set free

    (1) The AG’s Dept. has failed to complete the documentation seeking Courts order to free the detainees

    (2) Detainees have failed to arrange Bail Bonds

    The truth may well be the Yahapaalanaya crowd does not want too many hot potatoes in their plate simultaneously. They cannot be faulted for this because in the sick nature of our politics Buddhist Sinhala extremists like Weerawansa, Gammanpila, Dinesh Gunawardena and company are only waiting to feed the prejudice and vulnerability of the insufficiently informed mass voter about “the Tamil enemy” in the North.

    One wonders why the TNA was not ready in the Bail issue on an issue
    so crucial to them – if that was indeed the reason why the detainees were fated to go back to remand jail. At any rate, how on earth will these detainees have the funds to retain lawyers after many years
    of incarceration.

    Kettikaran

    • 0
      0

      Kettikaran,

      “At any rate, how on earth will these detainees have the funds to retain lawyers after many years of incarceration.”

      Let’s ask Sumanthiran, Sampathan, Suresh and Wigneswaran to help the political prisoners free of charge.

      • 0
        0

        Can you not ask Japan to give share out the 40 metric Thalikodi gold they swindled when brother prince attempted to sell before the election? Can you go with Ranil Mahata to Japan and help him to negotiate on that? On his last visit when he asked Japan to give him back the 40 metric Thalikodi gold that Japan swindled from Brother Prince, they kicked him out of Japan.

        Hopefully Buddha will send another tsunami over there for having cheated and sending back empty handed without the gold,the great man Ranil Mataha.

    • 2
      1

      Kettikaran

      I sometime wonder whether when it come to Human Rights issues of the people of this land, “Will Not of the State” prevails.

      When these persons were arrested and indefinitely detained mostly on falls charges not many questioned the legality of such detention. However when it is time to release them the state demands all forts of legal compliance.

      If there is no case against them just release them. If there is case against them charge them. The onus is on the state not on the part of detainees.

      Legal gobbledygook are best used to help hide the sins of the state.

      This is only one side of the brutal state.

      I have known a Muslim women from Trincomalee who was married to a Tamil from Jaffna. Her husband was arrested in Colombo at his work place by police/army teams. I am told he was taken away for questioning in late 1990 just after VP resumed his madness when his marriage of convenience to Premadasa came to and violent end.

      Its been 25 years since he was taken away. Where is he now or what had happened to him, no one knows. The family was not informed of the arrest nor about his detention. Where was the legal compliance that the state had conveniently overlooked which it now seek?

      The legality of the need to seek bail doesn’t come into most cases simply because most arrests were illegal in the first place.

      • 0
        0

        Native Vedda,

        “When these persons were arrested and indefinitely detained mostly on falls charges not many questioned the legality of such detention.”

        I believe that under the PTA people can be detained without charge up to 18 months with permission of the Minister of Defence. The police can arrest under the PTA but that means taking the person to a court and charge him/her after 72 hours. In my opinion one of the problems is that a remand court order can continue for a very long time.

        “However when it is time to release them the state demands all forts of legal compliance.”

        Never mind rule of law and good governance? Just let all the Tamil political prisoners walk regardless of what they have done? I don’t know if the majority of us is quite ready for this. Should KP, Karuna, Douglas and Pillayan also be excluded from investigations etc? What about the Tamils involved in the killing of Raviraj?

        “If there is no case against them just release them.”
        I agree.

        “If there is case against them charge them.”

        I agree.

        According to the PTA accused can be released to wait for trial with the consent from the AG. This is what happened yesterday.

        I still don’t understand why the 31 were not in High Court. Must call my legal advisor unless you can help.

      • 2
        0

        Native Veddah,

        I am not being communal. But consider – when a large number of Sinhala JVP “terrorists” were held for sometime, they were released swiftly, thousands of them – NO BAIL, NO QUESTIONS ASKED. They were all rehabilitated at State expense. Same crime but different treatment by the State and the judicial system.
        Do we have a separate Sinhala and Tamil judicial system actually in force?

        There was the brother of a domestic help of mine. He was working in a tea boutique. They were from the hill country. The youngster was taken as a suspect terrorist in the early 90s. Parents/family tried hard for years to trace his whereabouts – unsuccessfully. Suddenly, many years later he comes home. He remains non-communicative. PTSD – you might say. But a valuable human resource has been turned into a virtual vegetable.

        Kettikaran

        • 0
          0

          Do you know how JVP were released?
          Tell me and give a definite answer, do you personally know how JVP were released?
          DO you know that govcer released 13000 LTTEers ?

          which country has ever done that?

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    Native Vedda

    No one asked for commando raid. I didn’t. If you are good at it please take Sampanthan and Abraham with you Annai. They are the one made emotional speeches quoting Prabakaran on election platforms and got elected.

    Sampanthan and Abraham were talking about Amnesty and not bail. Poor detainees were made to believe that they will be released on or before 7th under an Amnesty. Didn’t you read in CT what Abraham told the detainees after seeing them in magazine prison. He never said to them that “release” means bailing out with harsh conditions. Now where do they go for sureties with properties worth hundred thousand. Will anyone be prepared to stand as surety to a detainee branded as a “terrorist” . Sampanthan and Abraham should have known all these while negotiating with President and PM.

    For me the biggest cheats are FP TLF TULF TNA and all other Tamil parliamentarians. Had they been honest to the people elected them, dedicated their life for the rights and welfare of the same people, and above all if they were selfless humble workers for the poor people’ welfare and rights, armed struggle would not have come into the scene.

    Annai , Sampanthan Aiya is in India now. Abraham Annai in Australia. Sritharan thambi is in Canada. I do not know about others. How can we help those poor political detainees. Please advise me and the readers.

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      Maya,

      “They are the one made emotional speeches quoting Prabakaran on election platforms and got elected.”

      Sumanthiran also?? Never heard that before. Any source for this?

      “Sampanthan and Abraham were talking about Amnesty and not bail.”

      They are lawyers and must know what they are talking about. My humble understanding is also that a presidential pardon for the convicted and an amnesty for the charged and not charged is the correct and maybe only way to release them.

      It would be nice to know what they have been convicted, charged or arrested for wouldn’t it?

      “Now where do they go for sureties with properties worth hundred thousand.”

      Not hundred thousand. Two sureties of one million=10 lakh=1000000. The courts prefer public servants as sureties.

      “Had they been honest to the people elected them, dedicated their life for the rights and welfare of the same people, and above all if they were selfless humble workers for the poor people’ welfare and rights,”

      Honest politicians? Where do you live?

      “Please advise me and the readers.”

      I am also expecting advice from Native Vedda.

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    The Rouge Ayer

    In allmost all the election meetings TNA members candidates activists did mention tamils proudness, their struggle , power, strength, Iyakkam & Prabakaran to arouse the voters emotions and captivate them. I have seen it in Tamil tv channels , and read in Tamil websites. I can’t remember exact date and location. Do you think Sumanthiran or other FP members had any other issue or policies to speak out and capture the people’s hearts to get votes.

    I accept they are lawyers but remember not all the lawyers are armed with facts and figures.

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      goes an old saying… Lawyers are Professional LIARS… May be Not all…

      This is a sad state of affairs…. Those involved in the releasing jolly well knew that these people would need someone to bail them out… best would have been a Presidential pardon coz MOST wouldnt want to be signatory to bail out a FRAMED Terrorist… just in case those released couldnt be located..the person who bailed out would be taken to task… SO all blame should be on those who mediated the release…I(F they are being released… they were either not charged or do NOT have a case that could be proven… UNTIL PROVEN GUILTY…. they are innocent…so why all this drama? The govt claimed that these are rehabilitated individuals…so give em a second chance…

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    Snowden E A

    ” so all blame should be on those who mediated the release”

    Well said Snowden. I fully agree with you. Thank you.

    The eminent lawyers who mediated have gone abroad. One in Australia and other one in India. May be they are satisfied with their job and closed their cases. . Brief returned to their instructing juniors Selvam and
    Sritharan.

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    Dear TNA and hartal leaders,

    Can you please explain who are the Tamil political prisoners that should be released. I would appreciate a list with names and what they have been charged with or convicted of.

    To my best knowledge some Tamils (“Pillayan” and others) have recently been remanded in connection with the murders of TNA MPs Raviraj and Pararasingham. Should these remand prisoners also be released ASAP because they are Tamils and thus political prisoners?

    With best wishes from rainy Jaffna with a hartal.

    PS. I can donate some used tires of different sizes for your next hartal. Does the PS collect them with the other trash or should I take them directly to the office of Wigneswaran?

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    “The Tamil prisoners who are in remand custody will be released under a legal framework, President Maithripala Sirisena has informed Northern Provincial Council members, Health Minister of the Northern Provincial Council (NPC), Dr. P. Sathyalingam stated.”

    Sorry to continue about this but what if any legal power does the President have to release remand prisoners? Would Barack Obama do something like this? MS can pardon convicted prisoners but my humble understanding is that he can do nothing for remand prisoners. That is the work of judges and prosecutors and they are supposed to be independent.

    Is this now for all the Tamil remand prisoners including common criminals?

    “The main talking point between the Northern Provincial Councillors and the President at the meeting held recently was the release of the 262 prisoners in custody. The President had further added that a report regarding the prisoners was scheduled to be handed over by the Attorney Generals Department, and that a decision on this regard would be taken after considering the report.”

    A decision? Is the President going to decide on this? Is he going to call the judges and the AG to tell them what to do after studying the report?

    Why do I have a feeling that there is panic to release all Tamil political prisoners ASAP?

    Now we now that 262 prisoners are in custody. I assume that this is the total of Tamil political remand prisoners. Where did this number come from?

    Any populist politician with legal and media resources who wants to take up this as an example of the new “rule of law” and “good governance”?

    http://dailynews.lk/?q=2015/11/13/local/tamil-prisoners-be-released-under-legal-framework

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      Over thousands of Tamils been detained and some are tortured in Army held torture camps. Journalist Ehaliyagoda was abducted, tortured, detained in a in a Army held torture camp and later dumped in the sea.

      The Govt. should immediately release these Tamil youths and hand them over to the UN representatives to avoid any deaths from their hunger strike. Some detainees been held for over 15 years without any charges.

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    Today it was hartal in parts of the Northern Province but in Colombo 24 so called political prisoners were released on bail.

    http://www.dailymirror.lk/95215/24-ex-ltteers-released-on-bail

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