by Revd. Chandi Sinnathurai
The first thing one notices walking about in the ‘Tiger territory’ is that there aren’t any beggars. Later conversations with the ‘Poraligal’ [Freedom fighters] revealed that there is no reason for poor people to beg, borrow or steal. This was too good to be true – especially in the so-called third world. You only have to go a few hours drive to Jaffna [a State-controlled Tamil territory], and you’ll be surrounded by beggars pleading for money – or for that matter, one only have to go to the capital Colombo.
So,
what
is
the
secret?
Talk
to
a
few
locals;
meander
around
the
block;
wander
at
the
Bus
Station.
It’s
definitely
true
that
there
aren’t
not
only
any
beggars
here,
but
also
pickpockets
and
tricksters.
The
Tamil
Eelam
Social
Services
Department
takes
care
of
all
that,
quite
efficiently.
‘We
have
fertile
lands;
plenty
of
jobs
in
the
development
projects’,
one
Social
worker
armed
with
statistics
pointed
out,
‘therefore
why
demean
our
selves?’
Police State
A restorative Justice system is currently in operation in Tamil Eelam. Therefore, it attracts many Tamils, even from the State-controlled territories. Restoring both victim and perpetrator back into the community as honourable citizens – not to be stigmatised as a convicted criminal for the rest of one’s life – that’s the idea! All this waffling in the media about the Tigers running a lawless ‘Banana Republic’ is being mischievously economical with the truth. Having finished off multitudes of writers, intellectuals, journalists, human rights activists, including Jesuit priests [some were U.S citizens]… how dare one might retort, the Sri Lanka State have the audacity to point fingers? It cannot be far from the truth when one admits that there is no democracy in Sri Lanka – people have no voice here; they are being gagged and manipulated. The distasteful truth is that, Sri Lanka is a police State. This is an open secret even within the International community!
Santhippu
Organising ‘Santhippu’ – a meeting with the Chief of Law and Administration was proving to be very difficult. The Tigers control a massive territory. Hence, establishing law and order covering both North and East is not an easy task. Moreover, to be the Chief of Law & Administration needs 8 days a week!
Getting
an
appointment
with
Mr.
Pararajasingham
was
like
trying
to
pin-down
a
cloud.
One
afternoon,
after
a
sumptuous
meal
at
Pandiyan,
Mr.
Asok,
a
Porali
with
a
knack
for
courteous
public
relations
told
me:
‘Father,
you
have
a
Santhipu
in
twenty
minutes,
don’t
forget
your
notebook
and
the
tape
recorder
–
a
vehicle
will
come
to
pick
you
up.’
Asok
would
politely
remind
me
to
comb
my
hair
before
an
appointment
–
by
now
he
has
understood
that
the
person
he’s
dealing
with
is
a
little
bit
absent-minded
–
well,
that’s
what
he
thought!
However,
he
was
a
very
affectionate
chap.
The
vehicle
arrived
on
the
dot.
The
Tigers
are
punctual
and
very
methodical
in
their
approach.
The writer found himself seated in a massive conference room at the Law Centre, sipping chilled Orange Crush with the Chief of Tamil Eelam Law and Administration. Mr. Pararajasingham met us at the door and engaged in conversation. He’s a double degree holder in both law and social sciences. He came across as a slightly reserved and thoughtful person who weighs each word he utters. He shared some interesting stories from his recent meetings with a visiting U.S congressman and his staff.
Conversation
As we established a good rapport, we warmed up to formal conversation. Having got the permission to roll the tape, questions were fired:
CS: Thinking roughly in ballpark figures – what sort of percentage of the Tamil population will currently come under the legal oversight of the Tamil Eelam Special Bench?
Mr.Para:
"The
LTTE-controlled
territory
in
the
Vanni
comes
one
hundred
percent
under
our
judicial
oversight.
In
the
Sri
Lankan-controlled
Tamil
territory,
slightly
over
50
percent
of
the
Tamil
speaking
population
[which
includes
the
Muslims]
have
voluntarily
accepted
our
judiciary.
These
people
travel
long-distances
to
come
to
our
courts
in
order
to
file
their
cases.
Almost
72%
of
the
Tamil-speaking
population
in
Sri
Lanka
are
convinced
that
justice
will
be
served
in
the
Eelam
court
system.
They
come
to
us
because
they
honestly
believe
that
the
Sri
Lankan
system
is
inherently
corrupt
and
biased.
The
justice
system
in
Tamil
Eelam,
the
people
have
experienced,
is
much
faster
in
terms
of
administration
and
probably
cost
effective
as
well.
Say
for
instance,
we
try
and
complete
a
big
civil
or
criminal
case
within
2
years.
We
work
efficiently
within
that
time-frame.
In
the
Sri
Lankan
court,
the
sky
is
the
limit
for
lawyer’s
fees.
Clients
often
are
exploited.
Within
our
territories,
the
lawyer’s
fee
is
paid
through
the
courts.
The
fees
will
be
around
150
to
500
Rupees,
depending
on
the
case.
They
are
not
permitted,
by
law
to
overcharge.
There
are
some
lawyers
in
the
Vanni
who
earn
around,
say,
50,
000
Rs.
a
month.
This
is
honest
income
–
they
are
not
cheating
the
clients.
We
have
120
lawyers
practising
at
our
courts.
Many
more
are
passing
out
from
the
Eelam
Law
College.
People
welcome
such
an
efficient
and
just
system
of
law
and
order."
CS: It is commendable that the Eelam Special Bench has passed social reformation laws – such as abolishment of dowry etc. How practical and effective are such laws in reforming deep-seated malpractices in society?
Mr.Para: "Yes, as you say, father, we have passed and established laws based on social reform. Those who demand and receive dowry are doing so illegally. In the long run, however, we know that these ancient practices, or mal-practices, as you put it, father, will be discarded and surely be replaced by reformed thinking. If someone is proven guilty of receiving dowry, serious action will be taken against that person. The Attorney General’s office is working on passing social reform laws. The abolishment of dowry law was passed in 1997. We studied closely similar laws passed in India and Malaysia. Such laws, however, failed miserably in these countries. We have identified different sections in the Dowry abolishment law. If I choose to give my daughter, a wedding donation either in cash or in kind or both – that’s acceptable under the Tamil Eelam law. This gift, however, is given in my daughter’s name only. There is a legal binding that this gift cannot be transferred to anyone else – this, of course, for obvious reasons. As a parent, one must inform the Legal department of such a transaction. Hence, there will be no room for any corruption and fraud. The freedom of the individual is not curtailed, but the mal-practice of bartering women is abolished."
CS:
The
lawyer
who
practices
in
Eelam
takes
an
oath
not
to
defend
a
lie
or
a
lawbreaker.
Say,
for
example,
that
your
client
is
a
murderer.
You
are
permitted
to
appear
on
his
behalf
on
the
condition
that
you
will
plead
for
a
lesser
sentence.
Knowing
that
he
has
committed
a
homicide,
you
cannot
manipulate
the
law
and
win
the
case.
In
such
a
context,
what
happens
to
the
principle
of
‘innocent
until
proven
guilty’?
Mr.Para: "Good question that. The lawyers who practise in Eelam take an oath of honour on defending the truth. Let’s say that your client is a murderer. You can appear before the Special Bench and plead on your client’s behalf, for a lesser sentence. However, the lawyer will not, under oath, appear before the Special Bench, and pretend as though his client is innocent. That is bending the law and it's unscrupulous."
"Looking at the past, we think of G.G Ponnampalam, one of the famous criminal defence attorneys. He was notorious for winning all the criminal cases. – of course; you have to pay big money! His legal tactics and intimidation of witnesses will not work in the Eelam court. G.G will be a total flop in our courts. Truth and justice will be upheld at any cost. To put it bluntly, Eelam lawyers are not licensed to lie or to deal with half-truths."
" In our penal code there are four reasons for capital punishment: 1) Murder, 2) Rape, 3) Drug trafficking, 4) Organised crime and big robberies.
In these matters, due process will need to be thoroughly followed through. Such decisions are made with extreme care, looking meticulously at each case and understanding the context and situation in which these crimes have occurred. Out of the 37,000 cases we have dealt with in the past 12 years, only 4 extreme cases ended in capital punishment. I think that will give us a perspective. Once a Sovereign Eelam is restored, our national leader Mr. Pirabakaran prefers to abolish capital punishment altogether. Our concern is not retributive punishment. We have established, as you rightly point out, a restorative justice system."
CS: The Tamil Eelam justice system is leaning towards restoring the lawbreaker as a law-abiding citizen. The legal administration is closely linked with the social services, as we understand it, and thereby offers both moral and financial assistance, not just to the victim, but also to his dependants. Could you please tell us as to how all this works?
Mr.Para: "Father, your observations are very acute. You’re correct. Our primary concern is to restore; not just to mete out punishment for a crime and then to throw the offender outside the jail. That is a vicious cycle. There is a good chance here of re-offending. That’s no help to the victim or to the society. We must restore the dignity of the person concerned and teach them life skills and provide the offender opportunities to get employment; then chances of re-offending are quite remote. In fact, we usually sit and converse with the offenders and we eat together – I take personal interest in this matter. We treat them as individuals – not dehumanising them as a "number" in the jail. We treat them with dignity. This is how we try and rehabilitate. We help the person’s dependants with financial assistance. Instead of making the offender focus on his jail cell and the sentence, we create a rehabilitant community. We hold seminars and motivational workshops on helpful themes. We have found these to be quite successful."
CS: Finally, let us imagine for a moment that the UN has given recognition to the Tamil territories that have been liberated by the LTTE from Sri Lankan State. This liberated territory, with the consent of the UN, is also given recognition of its sovereignty over defence, finance, economy, foreign affairs, etc; in your legal view, would such a proposition, hypothetical at this stage, be acceptable to the Tamils? Will this result in a lasting, honourable peace between the Sinhala State and the Tamil Eelam?
Mr. Para: "Sure. This is, of course, a legitimate proposition that will restore fundamental human rights to the Tamils. Even in the current Peace Process Interim Document, we have requested a mechanism through which we manage our own affairs, including law and order. We do not need any outside interference. We are best equipped to resolve the problems of our own people. We will certainly welcome such a move from the international community – it will not only restore the rights of our people, who have seen nothing but war and tyranny particularly for the last 30 years, it will also grant us the inalienable right to determine our political destiny. We are, as you have witnessed, operating a successful De facto State. We’re confident that the international community will soon alter their views and will do something positive for the Tamils."
We concluded the formal conversation and engaged briefly on an off-the-record conversation. Mr. Pararajasingham was quite frank in saying that the so-called free world must come and witness what is really happening in Tamil Eelam. The Sri Lankan State propaganda and its foreign minister cannot guide the international Community for too long by spinning vicious lies about the Tamils, he said. Mr Pararajasingham led me through the corridor, where his Security men stood at attention. He gave a firm handshake, and bid farewell by saying: ‘Father, I hope you will tell the true side of our story.’
The narrative of the Tamils is a painful story indeed. There is, however, startling apathy and shocking indifference to the suffering of the Eelam Tamils – in spite of all the communication networks in our global village. One hopes that things will change.
This writer shall continue to write about his own reflections and about the next encounter with ‘Castro’ – Chief of International Relations.
###
Posted May 21, 2005