Tamils - a Trans State Nation..

"To us all towns are one, all men our kin.
Life's good comes not from others' gift, nor ill
Man's pains and pains' relief are from within.
Thus have we seen in visions of the wise !."
Tamil Poem in Purananuru, circa 500 B.C 

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Home > Tamils - a Nation without a State> Struggle for Tamil Eelam > The Martyrdom of Thangathurai & Kuttimuni > Nadarajah Thangathurai's Dock Statement, 1983 > Defence Counsel, Nadesan Satyendra's Address to Court, 1983 > Sri Sabaratnam Memorial Lecture, 1987


"The emergence of a martyr... facilitates patriotism and nationalism: if people feel that someone with whom they identify themselves has been killed, tortured, or otherwise deprived of some value, their indignation is likely to be great and perhaps long enduring..." - Leonard W.Doob: Patriotism and Nationalism, Yale University Press, 1964 - see also - What is a nation?

Introduction - the Trial, 1982/83

The trial of Tamil leaders, Nadarajah Thangathurai and Selvarajah Yogachandran (also known as Kuttimuni) in the Neervely Bank case was the second trial (the first trial was that of Selvarajah Yogachandran and Jeganathan) under the notorious Sri Lanka Prevention of Terrorism Act - an Act which was later described by the International Commission of Jurists as containing provisions which were 'an ugly blot on the statute book of any civilised country'. One of the draconian provisions of the Act was that the burden was cast on the accused to prove that any statement made by the accused to the Police was involuntary and inadmissible in evidence.

Six members of the Tamil militant movement, Nadarajah Thangathurai, Selvarajah Yogachandran (also known as Kuttimuni), Subramaniam Devan, Nadarajah Sivapatham, Sri Sabaratnam and Nadesudasan were charged in connection with the ambush of a Sri Lanka state owned People Bank jeep at Neervely on 25 March 1981 and the robbery Rs.8 million. Sri Sabaratnam, who was later to become leader of the Tamil Eelam Liberation Organisation was tried in absentia.

The trial started on 2 November 1982 and all the accused refused to plead on the ground that they were citizens of Tamil Eelam, that they were engaged in a lawful resistance movement against alien Sinhala rule and that the Sri Lanka Court had no jurisdiction to try them for incidents which, in any event, were alleged to have taken place within Tamil Eelam. [Virakesari Report in Tamil, 3 November 1982]

Counsel for the Defence, contended that the autochthonous 1972 Sri Lanka Republican Constitution had severed legal continuity with the past and that the Sinhala dominated Constituent Assembly had acted without the consent of the Tamil people and that sovereignity had accordingly reverted to the Tamil state which had been in existence prior to foreign rule. The Defence submitted that the constitutional issue that had arisen should be referred by the High Court to the Supreme Court for determination. The Defence submission was rejected and the ensuing trial lasted 3 months.

The Accused gave evidence of the torture that they were subjected to by the Sri Lanka authorities under the Prevention of Terrorism Act. Six months later the International Commission of Jurists reported:

"From informal records held in Jaffna, the author has discovered that at least 23 members of the Tamil community have died in, or as a result of being in army or police custody since July 1979....Several instances were reported to the author of persons being hung upside down with a bag covering their head into which was introduced fine ground dried chilli powder. Evidence of the effect of this on the metabolism of the lungs was read by the author in the inquest depositions...From discussions with detainees and families of detainees, the author accepts that it is the almost universal practice of the military authorities to physically assault and mistreat these persons who have been in their custody, with the principal locations for that assault being the Elephant Pass army camp and the Panagoda army camp in Colombo " (Ethnic and Communal Violence: The Independence of the Judiciary: Protection of Fundamental Rights and the Rule of Law in Sri Lanka - Fragile Freedoms? - Report of an ICJ Mission to Sri Lanka in June 1983 - Timothy J.Moore)

Defence Counsel, Nadesan Satyendra addressed the Court from 15 to 17 February 1983 on the question of the admissibility of the alleged confessionary statements. He said:

"It is of some considerable importance that the efforts made on behalf of national security do not have the result that no one is any longer secure. If it be otherwise, we in Sri Lanka may well be standing on a slippery slope with no sure way of knowing where or how to stop ... the Court will be mindful, that that which is permitted once may well become a way of life - a way of life which may encourage further abuses and excesses"

He added quoting from Aurobindo's writings in 1907:

"The idea creates it martyrs. And in martyrdom there is an incalculable spiritual magnetism which works miracles. A whole nation, a whole world catches the fire which burned in a few hearts;... the idea begins to create its heroes and fighters, whose numbers and courage defeat only multiplies and confirms until the idea militant has become the idea triumphant. Such is the history of the idea, so invariable in its broad lines that it is evidently the working of a natural law"

and concluded:

"In relation to my clients I will state this publicly and for the record. I have felt humbled in the presence of persons from my own community, who have been willing to give that which is the most precious thing that humans can give - their lives - for the liberation of their people"

Consistent with their defence, the accused refused to answer the charges laid against them and led no evidence in response to the prosecution case. Also, at the conclusion of the trial, Counsel for the Defence did not address the Court but each of the accused made a statement from the dock.

Nadarajah Thangathurai's statement from the dock remains a moving political testament of the movement that he had led with simplicity, dignity and clarity. He declared:

"We are not lovers of violence nor victims of mental disorders. We are honest fighters belonging to an organization that is struggling to liberate a people. To those noble souls who keep on prating "terrorism, terrorism" we have something to say.

Did you not get frightened of terrorism when hundreds of Tamils were massacred in cold blood, when racist hate spread like fire in this country of yours? Did terrorism mean nothing to you when Tamil women were raped? When cultural treasures were set on fire? When hundreds and hundreds of Tamil homes were looted?

Why in 1977 alone 400 Tamils lost their lives reddening the sky above with their splattered blood - did you not see any terrorism then? Did your thoughts and feelings become deadened when it concerned Tamil lives and Tamil property or are your minds unable to conceive the very idea of Tamil suffering?.."

and concluded:

"The consequences of the verdict of this Court will not touch us, content as we are that we have done our duty. We will not flinch from embracing death or spending the rest of our lives in jail... All these are merely commonplace incidents in the history of a nation's struggle for freedom. We were fully conscious of what we were doing. Hence there is no question of disappointment... The seeds we sowed were not seeds of poison, our arrow heads were not dipped in venom.. These tribulations are a boon bestowed by God to purify us. The final victory is ours. Long Live Tamil Eelam!''...

All six accused were convicted and sentenced to life imprisonment on 24 February 1983.

In July 1983, whilst their appeal to the Supreme Court was pending, Nadarajah Thangathurai, Selvarajah Yogachandran, Devan, Sivapatham, and Nadesudasan were murdered in a high security prison in Welikade whilst in the custody of the Sri Lankan government. They will always be remembered as national heroes by the people of Tamil Eelam.

Selvarajah Yogachnadran - KuttimuniNadarajah Thangathurai
Sevarajah Yogachandran (Kuttimuni) and Nadarajah Thangavel (Thangathuria)
leaving the Colombo High Court

Virakesari Report in Tamil, 3 November 1982

First trial under Sri Lanka Prevention of Terrorism Act
 - that of Selvarajah Yogachandran and Jeganathan, August 1982

Kuttimuni and Jegan
L to R: Jeganathan and Kuttimuni being  taken to Court

L to R: Sellathurai Sivasubramaniam (Thenan) and Kuttimuni being taken to Court

"Kuttimuni with Jeganathan, were charged under the Prevention of Terrorism Act. Denied trial by jury, they were sentenced to death by a trial judge. Before sentence of death was passed, the judge asked them whether they had anything to say. In the course of his statement from the dock, Kuttimuni said - (in Tamil),

"I am not guilty of any offence. I am an innocent person. I was taken into custody by the police and army and was compelled under torture to sign statements which were produced in this case as evidence in which I am convicted. With regard to the Order made by this Court I have to state certain basic ideas of mine. The verdict of this Court given in this case today will provide a new impetus, fertile manure, encouragement and compelling reasons for the establishment of Tamil Eelam. This will not be the only case. There will be other Tamil youths who will he brought before this court, on false charges. When this is continued the punishment imposed will give encouragement to the Liberation of the Tamils. Kuttimuni will be sentenced to death today, but tomorrow there will be thousands of Kuttimunis.

I request that I should be hanged in Tamil Eelam. I request that my vital organs be given to those in need of them. I request that my eyes to be donated to some blind person, so that Kuttimuni will be able to see through those eyes the reality of  Tamil Eelam. I request that my body be given to the Medical Faculty of the University of Jaffna".

Jeganathan (Jegan) said -

"I am innocent. The Army and the C.I.D. Police tortured me and obtained my signatures on some documents and produced the documents in this court falsely as my statement. I have been convicted on this false evidence. I can be hanged. But no one can prevent the blossoming of Tamil Eelam. Freedom is my birth right. This right has been denied to me. Although I have not obtained this right, I am sure that the Tamil youths to follow shall have this right to freedom. I'm not asking any mercy from any one. This has been imposed on me without any reason or justice. I request that I should be hanged in Tamil Eelam and my body be given to the Medical Faculty of the University of Jaffna. My eyes should be donated to some blind person. May Tamil Eelam blossom. Long live Tamil Eelam."

Sources:  Sivanayagam, S - Sri Lanka: Witness to History - A Journalist's Memoirs, 1930-2004 p265 and Tamil Times, August 1982

Campaign Against Execution of Political Prisoners campaigns against Execution of Kuttimuni and Jegan, Tamil Times, August 1982

The Campaign for the Release of Eelam Political Prisoners in Sri Lanka [CREPP] has, in a statement, called upon "Those who cherish human rights and democratic liberties should raise their voices against the execution of Kuttimani and Jegan and demand the release of all political prisoners in Sri Lanka. They should demand the repeal of the draconian Prevention of Terrorism Act. Which has been denounced by the International Commission of Jurists as a statute that violates Sri Lanka's obligations under the International Covenant on Civil and Political Rights."

The CREEPP statement adds:-

"Two Tamil youths, Kuttimani and Jegan, have been sentenced to death. This is the latest in a series of attacks upon the Tamil speaking people by successive governments of Sri Lanka.

"The oppression of the Tamil speaking people over several decades resulted in the gradual development of a campaign calling for a separate sovereign Tamil State of Eelam in their traditional homelands. The continued oppression, the virtual armed occupation of Tamil areas by state security forces which harassed and terrorised the people and the frequent racial pogroms unleashed against the Tamils, contributed to the emergence of a national resistance movement whichrecognised the need for the exercise of the right of self defence against the ever growing state oppression.

"Kuttimani and Jegan have become the victims of a regime which is determined to crush the Tamil Nation in their struggle for the exercise of their inalienable right of self-determination. These two Tamil youths have been sentenced to death upon a charge of allegedly killing a policeman. The death sentence was based solely on their 'confessions' extracted under torture while the two youths were in the custody of the army and police.

"Under the normal law of Sri Lanka, anyone charged with serious offences would be entitled to a trial by jury and confessions made to army or police personnel are not admissible in evidence. But under the Prevention of Terrorism Act enacted by the present government in 1979, not only are the accused persons denied of a trial by jury, but confessions extracted by the police and the army by any means are made admissible in evidence.

"Detailed evidence was given during the 'trial' of these two youths to show that they were detained incommunicado and without access to lawyers, relations or friends for a prolonged period, repeatedly beaten up, hung by their feet, metal rods inserted in their anus and penis, chillie powder applied on sensitive parts of the body, etc. The trial Judge, in his judgement, admitted that these youths were held in an army camp "in a secluded and a lonely place", without access to "friends, relations and lawyers"; they were "kept amidst armed and unarmed soldiers. They would have been unaware how long they would be detained"...  "a statement made by a suspect in these circumstances would be irrelevant under Section 24 of the Evidence Ordinance". But he concluded that, under the draconian provisions of the Prevention of Terrorism Act, he had no alternative but to admit the confessions obtained under torture as evidence and pronounced them guilty and sentenced them to death. The singling out these two Tamil youths for execution is symbolic of the draconian treatment meted out to those who stand and struggle for the exercise of the right of self determination by the Tamil speaking people in Sri Lanka, who have been subjected to a long series of repressive measures. It is in this context the campaign for the halting of the impending executions of Kuttimani and Jegan and the release of all political prisoners assumes special importance and urgency. The frame-up and the convictions based on `confessions' obtained under torture of these two youths should not be allowed to stand."



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