No ban on LTTE for now but PTA will be back
December 3rd, 2006
By D.B.S. Jeyaraj
The Government of Sri Lanka (GOSL) headed by President Mahinda Rajapakse has decided to usher in tough anti – terrorism laws to be used against the Liberation Tigers of Tamil Eelam (LTTE) again.
There will however be no proscription of the tigers for now.
The decision was reached after an emergency session of the cabinet held on Dec 1st in the aftermath of the explosive attack on Gotabhaya Rajapakse the Defence secretary and younger brother of President Mahinda Rajapakse.
Thereafter another meeting was chaired by President Rajapakse who is a lawyer himself to finalise new laws and measures. This meeting was attended by senior ministers, top bureaucrats and odfficials of both the Attorney – Generals and Legal Draftsman’s dept
The GOSL has decided to remove the moratorium on the Prevention of Terrorism Act (PTA)and re – impose it again say Colombo media reports.
“The re-introduction of the PTA in effect will amount to the lifting of a defacto moratorium placed on its enforcement. This was in terms of Article 2.13 of the Ceasefire Agreement of February 2002. The Article states: “The Parties agree that search operations and arrests under the Prevention of Terrorism Act shall not take place. Arrests shall be conducted under due process of law in accordance with Criminal Procedure Code.”
“The Attorney General withdrew several cases filed against PTA suspects shortly after the 2002 Ceasefire came into operation. These related to cases where suspects withheld information on the LTTE. Cases where suspects were charged with attacks on military camps, however, were kept open, and are likely to get re-activated under these new measures”
” Until now the Government has been relying on emergency regulations brought under the Public Security Ordinance to conduct search-and-arrest operations against suspected LTTE cadres, particularly in the City of Colombo and immediate suburbs. These regulations came into effect after then Foreign Minister, Lakshman Kadirgamar was assassinated in August last year. These new measures will be in conformity with the United Nations laws on terrorism.” the reports say.
The Public Security Ordinance (PSO) will be amended to bring in new measures adding fresh powers to existing Emergency regulations.
According to media reports the” new emergency regulations under the PSO will make provision for the arrest of anyone for questioning for involvement in terrorist activity or having connections with a terrorist organization. Such regulations, however, will not make any pointed reference to the LTTE except to refer to it indirectly as a terrorist organization”.
“Under the new measures, a Competant Authority is to be appointed and its permission will be required for any organisation to have dealings with a ‘terrorist organisation’. This provision to the new laws is aimed at permitting certain NGOs that are engaged in humanitarian work in the North and East to operate” say news reports.
While re- imposing the PTA and introducing new emergency laws the GOSL will not proscribe the LTTE for the time being it is learnt. This is because the International Community wants Sri Lanka to continue talking to the LTTE as far as possible.
Proscribing the tigers again will prevent possible inter- action between the Government and the tigers.
The LTTE was legally proscribed in 1998 after the attack on “Dalada Maligawa”.
The LT TE was de – proscribed in 2002 to facilitate the peace process.
Though Sinhala hardline organizations and parties are clamouring for re – proscription in 2006 President Rajapakse has ruled against the idea for the moment.
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