Govt. expresses concern over EU court’s move to annul regulations proscribing LTTE

Friday, 17 October 2014 00:49 - - {{hitsCtrl.values.hits}}

The Government said yesterday it has noted with concern the decision of the European Court of Justice (ECJ) on 16 October, to annul the EU regulations proscribing the LTTE. The defendants of this case have been the Council and Commission of the European Union, together with two member states, the Netherlands and the UK. “Expectedly, the ECJ judgment requires in-depth study by all the defendant parties. It is noteworthy that the court has stressed the annulments to be “on fundamentally procedural grounds” and “do not imply any substantive assessment of the question of the classification of the LTTE as a terrorist group.” Further it is observed from the decision of the ECJ that “the effects of the annulled measures are maintained temporarily in order to ensure the effectiveness of any possible future freezing of funds,” said the statement issued by the External Affairs Ministry. Conscious of the fact that the listing of the LTTE is a matter internal to the EU, Sri Lanka is confident that the European Commission and EU member states will take the best possible decision on the future course of action to be taken in this regard, in accordance with their own legal architecture in preserving sovereignty. The EU proscribed the LTTE as a terrorist organisation in May 2006, and has remained on its list of terrorist entities ever since. Apart from the EU, the LTTE is proscribed as a terrorist organisation in the USA, India, Canada, the UK and Sri Lanka. The Government of Sri Lanka has fully supported the EU in its listing of the LTTE and has periodically provided information supportive of the regulation and also with a view to facilitate the commission’s defence in the ECJ. The Government remains committed to provide to the European Commission and EU member states, any further assistance and information available, to maintain the LTTE as a brutal terrorist organisation. It is noteworthy that a number of EU member countries have carried out investigations against LTTE activists in their territories, some of which are ongoing, while some have resulted in the accused being sentenced by Court. Sri Lanka is further mindful that the ECJ decision may have an impact including from a security perspective, on the large majority of Sri Lankans living in EU territory, as well as EU citizens of Sri Lankan origin, who are likely to come under pressure once again by pro LTTE activists.

European Court annuls sanctions on LTTE on technical grounds but maintains asset freeze

Luxembourg: The European Court on procedural grounds Thursday annulled the European Council measures maintaining Sri Lanka’s defunct Tamil Tiger terrorist group, Liberation Tigers of Tamil Eelam (LTTE) on the European list of terrorist organizations but allowed measures to keep their assets frozen. The effects of the annulled measures will be maintained temporarily in order to ensure the effectiveness of any possible future freezing of funds, the Court ruled. The European Court said a decision by the European Council to place the LTTE on a list of terrorist organizations had been based on “factual imputations derived from the press and the internet” and not on acts examined and confirmed in decisions of competent authorities as required by law. The Council in 2006, placed the LTTE on the EU list relating to frozen funds of terrorist organizations and has maintained them on that list ever since, referring to, inter alia, decisions of Indian authorities. The LTTE, contesting their maintenance on the list, has told the Court that their confrontation with the Government of Sri Lanka was an ‘armed conflict’ within the meaning of international law, subject only to international humanitarian law and not to anti-terrorist legislation. However, in today’s ruling the Court found that EU law on the prevention of terrorism also applies in ‘armed conflicts’ within the meaning of international law. The Court also found that the Indian authorities, on whom the Council relied on to place the LTTE in the list, are a “competent authority” but the Council did not verify that the legislation of the third State ensures protection of the rights of defense and of the right to effective judicial protection equivalent to that guaranteed at EU level. “Therefore the Court annuls the contested measures while temporarily maintaining the effects of the last of those measures in order to ensure the effectiveness of any possible future freezing of funds,” the Court said in a statement. The Court stressed that those annulments, on fundamental procedural grounds, do not imply any substantive assessment of the question of the classification of the LTTE as a terrorist group.

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