The Transnational Government Of Tamil Eelam Welcomes The Decision Of The European Court Of Justice

• TGTE welcomes the annulment of the ban on the LTTE
• TGTE salutes the European Court for ensuring the rule of law
• TGTE submits 3 demands to the European Union: No ban; Referendum; International Investigation
• TGTE calls upon the Tamil Diaspora for political action

The Transnational Government of Tamil Eelam (TGTE) and Tamils around the world welcome the decision of the Court of Justice of the European Union annulling the ban of the Liberation Tigers of Tamil Eelam (LTTE). It salutes the European Court of Justice (ECJ) for ensuring rule of law and the role of judiciary in good governance.

The European ban against the LTTE was brought on the basis of the ban imposed by India and built on news media as source of evidence. The ECJ ruled that since the European Council cannot assume that the right of defense and right to effective judicial protection were safeguarded under the Indian legislation to an extent equivalent to that guaranteed at the EU level, coupled with the observation that the factual basis of a decision could not be based on press or internet as evidence, but only on information specifically examined and upheld in decisions of competent national authorities, the ban cannot be sustained.

While the unlawfulness of the ban brought against the LTTE by the European Union in such a hurried manner in 2006 has now been exposed, it is with a heightened sense of moral anger and sadness that we wish to point out that the ban went some way towards serving the needs of the Sri Lankan Government in the genocide it perpetrated on the Tamil people in Mullivaaikal in 2009.

We, therefore, urge the European Union to consider it as its moral obligation at this point in time to lend support to Eelam Tamils in their continuing struggle for justice.

Sinhala hegemony mounted its genocidal push that ended in Mullivaaikal under the pretext of a war on terror. Today, it continues to pursue a structural genocide on the Tamil Nation through an abuse of the UN Security Council Resolution 1373, labeling 16 Tamil Diaspora entities and 427 individuals as “terrorists”. Prior to 2009, Indian and Western policy makers held the view that the LTTE was an impediment to any durable political solution being reached in the island of Sri Lanka. The five years that lapsed have shown that to be a myth.

Tamils hold the LTTE as freedom fighters and martyrs, and continue to commemorate them each year by gathering in their tens of thousands at the Heroes’ day celebrations around the world. Listing the LTTE as a terrorist organization eight years ago has not succeeded in dislodging them form the heart and soul of the Tamil Nation. It is our earnest hope that the European Union would pay due regard to the feelings of a Nation pursuing its liberation through political and democratic means.

The European Union has argued that the outcome of a review about placing an entity in the terrorist list is ultimately a political question decided by the legislature. We wish to point out that the European Court had urged that any such review should take into account the factual changes in the situation.

We do not believe that at a time when the LTTE has silenced its weapons and the Tamil freedom struggle has chosen a political and diplomatic pathway, reinstating a ban on the LTTE will pave the way for any political solution in Sri Lanka. Instead, taking away the jargon of terrorism from the Tamil national question will lead to a just resolution of that question. We, therefore, call upon India, USA, Canada and Australia to delist the LTTE from the terrorist label.

We also submit to the European Union our three demands.

1. In view of the LTTE having silenced its weapons and the Tamil freedom struggle having chosen a political and diplomatic pathway, the EU should avoid the re-imposition of a ban on the LTTE.

2. The European Union should continue to support the call for an International Investigation on the Genocide being perpetrated by the Sri Lankan State on Tamils.
3. With the ECJ demonstrating through its ruling of the need for procedural due process as an important component of democratic politics, the European Union should lend its strong support for a referendum to be held under the auspices of the international community in the Tamil homeland and in countries where the Tamil Diaspora live, to include all political options including the establishment of an independent state of Tamil Eelam.

The TGTE will embark on its political action by placing the above three demands before the European Union. We call upon all Diaspora Tamils and their various organizations to use the ECJ decision as a springboard for their campaign around the three demands towards the European Union.

The TGTE congratulates everyone who was working on this lawsuit.

The thirst of Tamils is Tamil Eelam.

Thank you.

Visuvanathan Rudrakumaran