7/24/2019 Focus on PTA the LTTE Suspects Are Political Prisoners – Jayathilaka de Silva

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Focus on PTA: The LTTE Suspects arePolitical Prisoners – Jayathilaka de Silva

(A campaign against PTA held in Colombo)

20/11/2015

 A group of Tamil prisoners taken into custodunder the Pre!ention of Terrorism Act (PTA) started a fast last "eek demanding their

release# $ost of them ha!e been in prison for o!er si% ears and man ha!e not e!enbeing charged in courts# Throughout this "hole period the in!estigating authoritiesha!e been unable to complete their in!estigations# &ne "onders "hether this is sheerinefficienc or "ilful neglect#

'e that as it ma the issue of these prisoners has been in the focus of attention thesedas# &pinions naturall differ# o"e!er all opinions cannot be correct or *ustified# +t isnecessar to look at the issue ob*ecti!el and rationall "ithout being emoti!elpro!oked#

+n the meantime the PTA is up for re!ision or repeal as the ,o!ernment has gi!en apledge to the international communit at ,ene!a to do so# To understand the rationalebehind the demand of the international communit and the ,o!ernment-s response itma be necessar to briefl look into the histor of its enactment and application#

The PTA "as preceded b a special Act of Parliament called the Proscribing of.iberation Tigers of Tamil elam and other imilar &rganiations .a" of 134# +t "asoriginall intended for one ear but "as subseuentl e%tended for another ear# Thenit "as repealed and replaced b the Pre!ention of Terrorism (Temporar Pro!isions)

7/24/2019 Focus on PTA the LTTE Suspects Are Political Prisoners – Jayathilaka de Silva

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 Act of 6o# 74 of 13# +n both cases the Acts "ere intended to be temporar# (+t is adifferent matter that the PTA has been in e%istence up to no" that is a period of o!erthree and half decades#) !en if one does not agree "ith the need for the PTA e!enthen one could understand the political e%pedienc "hich ma ha!e prompted therulers to resort to such draconian legislation# 6o" that the .TT has been definiti!eldefeated and the "ar "as o!er si% ears ago e!en that e%pedienc is not there# ence

there is no rationale for preser!ing the PTA# +t must be repealed#

&pposition partiesThis should be done as it is an obstacle to an reconciliation bet"een the inhala andTamil communities "hich is essential for national unit and de!elopment# $oreo!erthe PTA is basicall anti8democratic in nature and hence could and "ould be usedagainst the popular masses in their agitations and other struggles#

&pposition parties and groups that "ant to bring back the former regime are carringon a campaign to instil fear in the minds of the people about the likelihood of a

resurrection of the .TT and the re8emergence of the "ar# These pro*ections runcounter to the ground realities# The "ar as "ell as the dominance of the .TT amongthe Tamil communit "as a direct result of the failure of the peaceful struggle carriedout b the Tamil people for their rights under moderate leaderships# +t "as also aresponse to the repression of that struggle#

6o" that the "ar is o!er and the .TT defeated it has not got an substantial supportamong the Tamil communit# The situation of 6o "ar 9 6o peace that pre!ails no"reuires strategies different from those pursued during the "ar# :hat is no" reuiresis a strateg that "ould bring peace instead of "ar# ence the continuation of the PTA

or incarcerating persons under the PTA "ould be counter8producti!e#

+t is not onl the &pposition that is up in arms about the release of personsincarcerated under the PTA# The mass media continue to displa the same ethnic biasthat e%isted during the "ar# ;or e%ample an editorial last unda in a mass circulationinhala "eekl categoricall stated that those taken into custod under the PTA arenot political prisoners# The are terrorist suspects# +t claimed that it cannot beconsidered as a political organiation as it has been banned in se!eral countries#

:e ha!e to forgi!e the "riter for his ignorance# Almost all freedom struggles "ere

branded as terrorist b go!ernments "hen the "ere fighting for po"er# The A6C ofouth Africa "as considered terrorist# o "as the Palestine .iberation &rganiation(P.A)# &ne does not become apolitical due to the method of struggle# +t is theob*ecti!e of a mo!ement that determines its politics# !en if the method of struggle isinappropriate it is a different matter but it remains a political organiation if theob*ecti!es are political#

PTA detaineesPolitical prisoners are those that ha!e been taken prisoner on account of their political

7/24/2019 Focus on PTA the LTTE Suspects Are Political Prisoners – Jayathilaka de Silva

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beliefs and/or actions committed in pursuance of those policies# The .TT suspectsfall into this categor#

 Another fallac of the argument of the abo!e "riter is that all those "ho are taken intocustod under the PTA are terrorists# ,o!ernments in office ha!e right through usedthe PTA to take into custod and harass their political opponents# The ha!eimprisoned and e!en indicted numerous persons though the !ictims had ne!er e!en

handled a single galkatas in their entire life# ome of these PTA detainees laterbecame $embers of Parliament and e!en Cabinet $inisters#

There is also the precedent of the former go!ernment pardoning se!eral prominent.TTers in!ol!ed in armed actions against the tate# +n this background it is ridiculousto detain further a single indi!idual that is no" in custod since b comparison the aresmall fr#

The message that is gi!en to the Tamil communit b keeping the prisoners is that theinhala dominated go!ernments including the present one cannot be trusted# This

"ould lead to a fresh round of alienation and estrangement#

;inall let us ha!e a uick glance at the PTA and its usage to understand its draconiannature# <nder ection of the PTA the $inster could detain an person "hen he =hasreason to belie!e is connected "ith or concerned in an unla"ful acti!it> for a periodnot e%ceeding three months in the first instance in such place and sub*ect to suchconditions as ma be determined b the $inister and an such order ma bee%tended from time to time for a period not e%ceeding eighteen months at a time>#

Thus e!erthing is at the discretion of the $inister# e e!en determines the place of

detention# +t could be an pri!ate place# e can determine "hate!er condition andimpose it on the !ictim# <suall the !ictim is not allo"ed e!en famil !isits and is notpro!ided "ith ne"spapers#

:hat is "orse is that under ection 10 =An order made under ection shall be finaland shall not be called in uestion in an court or tribunal b "a of "rit or other"ise>#

mergenc regulations!en after 14 months the suspect is not released# The practice has been to detainthem then ?egulation 14 of the under the mergenc ?egulations "hich prescribes

indefinite detention#

&nce in detention the police need onl to e%tract a confession from a !ictim# <nder thePTA a confession is a !alid e!idence# &ne could onl imagine ho" these confessionsare taken# &ne has onl to remind oneself of ho" kondaa confessed to murdering thelittle girl ea or ho" e!idence "as found to incriminate a schoolbo in the same case#

 Anone taken into custod under the PTA reaches a dead end# e hasno legal redress mechanism if he has been un*ustl taken into custod#

7/24/2019 Focus on PTA the LTTE Suspects Are Political Prisoners – Jayathilaka de Silva

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This is a !iolation of his basic human rights# uch la"s should ne!er beenacted# igh time it is repealed together "ith similar regulations under the mergenc ?egulations#

 – Courtes Celon @ail 6e"s

Posted by Thavam