Amsterdam-based Bohler Group’s attorney, Victor Koppe, brought an action on behalf of the European wing of the LTTE against the Council of the European Union at the European Court of Justice Thursday for the annulment of the ban on Liberation Tigers, arguing that the LTTE no longer uses military means to achieve its goals, and in post-Mu’l’livaaykkaal context, uses political and non-violent methods to achieve the movement’s goals of obtaining Tamil justice and exercising the right to self-determination of the Tamil people. Koppe argues that these rights are protected by the doctrine of fundamental freedoms of speech, association, assembly and movement.
pdf: Bohler filing with European Court of Justice
With military activities ceased and the top layer of the LTTE military leadership killed in May 2009, the International political subdivision of the Liberation Tigers, and the European national branches have gained sufficient autonomy and can now legitimately represent the evolving non-violent branches of the movement, Koppe argues.
"The LTTE wishes to emphasize the political character of this decision, the European Union and her member states should not lend themselves for Victor’s justice. When armed forces, engaged in an armed conflict, violate international humanitarian law, they should be held accountable for those violations according to international humanitarian law. By subjecting one of the parties to anti-terrorism legislation, the course of justice is perverted," Bohler said in a media release on the legal challenge.
Mr. Koppe’s firm, Bohler Advocaten, had earlier persuasively argued for the Kurdish PKK in the same court for a successful removal of European ban, sources in Amsterdam said.
Mr. Koppe’s firm, Bohler Advocaten, had earlier persuasively argued for the Kurdish PKK in the same court for a successful removal of European ban, sources in Amsterdam said.
For the filing of the annulment request with the court earlier this month, the court requested clarification of the power of attorney given to the lawyer by the Court of Justice of the European Union, seated in Luxembourg. The clarifications have been handed over on 30 May. It is up to the Court now to invite the Member States of the EU and the Council of the EU to give their opinion on the case, Mr. Koppe told TamilNet Saturday.
“At this point of time, I do not wish to say who have given me the power of attorney on behalf of the LTTE,” when questioned on whether the attorney would publicly reveal the details of the officials of the European Division of the LTTE. "The proceedings can now start. As an attorney I am fully satisfied that the LTTE has fully given me the power-of-attorney to represent them in the court in Luxemburg," Mr. Koppe said.
What was the view of the LTTE’s European Division on a possible interpretation by the opponents and critics of the movement who would describe the legal move as an attempt to revive the armed struggle waged by the Tigers, Mr. Koppe said: “Even though the LTTE has been militarily defeated, there is still a strong movement within the LTTE in the European Division which is pursuing peaceful means of struggle and taking legal action to remove the ban is one of such actions."
"A positive outcome in the legal challenge would allow the Tamil diaspora to freely engage in peaceful democratic activities in their countries of domicile and expose the war-crimes planned and executed by Colombo. Once the accountability is achieved, and the culpable individuals are brought to justice, then energies can then be focussed on seeking long-term polical justice based on the fundamental right to self-determination. While geo-political conditions have worked in favor to protect Sri Lanka in the international fora, the emerging evidence of war-crimes and barbaric acts of unprecedented brutality as was made clear in the Channel-4’s 1-hour long video, will make it difficult to nations including India, Russia and China to sustain their support for Sri Lanka," spokesperson for Tamils Against Genocide (TAG), a US-based activist organization, said.
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