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10/06/09

"The most problematic issue relating to terrorism and armed conflict is distinguishing terrorists from lawful combatants" - Terrorism and Human Rights -  Final Report of UN Special Rapporteur, Kalliopi K. Koufa, 25 June 2004

"'When I use a word,' Humpty Dumpty said in a rather scornful tone, 'it means just what I choose it to mean, neither more nor less'. 'The question is,' said Alice, 'whether you can make words mean so many different things'. 'The question is,' said Humpty Dumpty, 'which is to be master - that's all'." Alice in Wonderland,  Lewis Carrol - Through the Looking Glass, c.vi

"Throwing a bomb is bad,
Dropping a bomb is good;
Terror, no need to add,
Depends on who's wearing the hood."
R.Woddis 'Ethics for Everyman'
quoted by Igor Primoratz in State Terrorism & Counter Terrorism

“Above the gates of hell is the warning that all that enter should abandon hope. Less dire but to the same effect is the warning given to those who try to define terrorism” - David Tucker in  Skirmishes at the Edge of Empire quoted by Lord Carlile in his Report on the The Definition of Terrorism  - Presented to UK Parliament, March 2007

WHAT IS TERRORISM?

 The Trial of Australian Community Workers

"Defence will dispute that Tamil Tigers are a terrorist organisation"
 - Counsel for Defence, Robert Richter SC

PROTAM a grass root level Australian Tamil Organisation lead by prominent Tamil Community leaders and professionals including John Eliezer, Adrian Sinnappu, K Sritharan, S Ragavan and  Bala Yogachandran, urged all concerned Australian Tamils to provide moral and financial support to Aruran Vinayagamoorthy, Sivarajah Yathavan and Arumugam Rajeevan who are charged with so called Terror Charges.

Robert Stary and Associates, lawyers appearing for Tamil Community Workers Aruran, Yathavan and Rajeevan, in a letter addressed to the Tamil Community, declared that it was completely lawful and legitimate to financially support the legal process which has international significance.

 Australian authorities are relying on ‘intelligence’ and assurances provided by Sri Lankan agencies. In fact, in the first bail hearing, the prosecution argued that it will rely on evidence provided by the Sri Lankan Attorney-General, Solicitor-General, Army and Police chiefs. The Sri Lankan foreign ministry is on record saying that they have been actively “encouraging” Australian authorities.

The Sri Lankan government is one side to a protracted civil conflict that has its origins in denying Tamil aspirations. Evidence from the Sri Lankan government is likely to be tainted with this political agenda.

Please contact one of the following PROTAM Activists for more details, John Eliezer 0400 033 784, Adrian Sinnappu 0423 781 481, K Sritharan 0438 418 166 S Ragavan 0402 387 920 , Bala Yogachandran 0416 455 878

PROTAM aims to to promote and protect the welfare of Australian Tamils and it vows to act against any planned image tarnishing campaigns unleashed against Australian Tamil Community, sources said. PROTAM says, "Tamils in Australia has lived peacefully and contributed to the nation's development and improvement for over three decades. As a community Australian Tamils are highly qualified as professionals, technicians and tradespeople contributing to the economic and social welfare of the entire nation."

PROTAM Australia Limited
P.O. Box 130
Endeavour Hills
VIC 3802

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"...Each of the charges faced by the accused requires proof by the Crown that the LTTE is a terrorist organisation within the meaning of the relevant division of the Code. The Crown concedes that it has not been declared to be such by any decision of the Australian Government, and perhaps more pertinently, although it was formerly regarded as a terrorist organisation in Sri Lanka it has not been so regarded since 2002 when a truce between it and the Government of Sri Lanka was first brokered through the good offices of the Government of Norway. Since that time the LTTE has been recognised as a party to the peace process in Sri Lanka and its leader, whatever he might have been accused of doing in earlier years, was, and is said still to be, a part of that process. This is so apparently notwithstanding that there are allegedly international warrants for his arrest extant on serious charges. Of course, having regard to the terms of the relevant federal legislation under which these accused are charged, it is open to the Crown to prove that the LTTE is a terrorist organisation, notwithstanding its not having been so declared to be in this country or in Sri Lanka." [see Full Text of Judgment of Victorian Supreme Court in Vinayagamoorthy & Yathavan  Bail Application]

Two suspected Tamil Tigers in Australia arrested - ABC Report, 2 May 2007

Two suspected members of the Tamil Tiger rebels have been arrested in Australia and charged with funnelling money to a terrorist organisation. The men are accused of supporting the rebels back home against the Sri Lanka's government.

  Listen  

Presenter/Interviewer: Samantha Donovan
Speakers: Australian Federal Police Counter Terrorism Manager Frank Prendergast; Victoria Police Deputy Commissioner Kieran Walshe

DONOVAN: Victorian and Federal Police raided eight homes and businesses in Melbourn and Sydney early this morning.

Two men Aruran Vinayagamoorthy and Sivarajah Yathavan were arrested. They faced the Melbourne Magistrates' Court charged with being members of a terrorist organisation, making funds available to a terrorist organisation and providing support and resources to a terrorist organisation. The organisation referred to is the Tamil Tigers, the group that has been waging a secessionist campaign against the Sri Lankan Government since the 1970s.

At a press conference in Melbourne police said the arrests are part of an ongoing operation, which began in January 2005, less than a month after the Indian Ocean tsunami. Victoria's Deputy Police Commissioner Kieran Walshe says the charges relate in part to a bogus charity operation allegedly being carried out by the men, which purported to raise funds for tsunami victims.

WALSHE: We're concerned that Australian citizens are being duped I suppose is the word, into making contributions to what they believe to be honest fund raising activities in terms of relief for people in distress.

DONOVAN: The Assistant Commissioner of the Australian Federal Police Frank Prendergast said there was no evidence that the men had planned to carry out any terrorist attacks in Australia.

He wouldn't elaborate on what information police relied on to conduct today's raids. But he said they wouldn't have been possible without the introduction of Australia's new terrorism laws.

PRENDERGAST: It's fair to say that the charges that these people have been, or will be charged with, are from the new suite of terrorism laws. So they're talking about offences under 102 of the criminal code 1995.

And they relate specifically to membership of a terrorist organisation, support to a terrorist organisation and receiving funds for a terrorist organisation. So, under the previous laws, those charges wouldn't have been open to us.

DONOVAN: Victoria's Deputy Police Commissioner Kieran Walshe says additional counter-terrorism resources provided by state and federal governments were also critical in leading to today's arrests.

WALSHE: We've got to recognise that both the Australian Government and the Victorian Government have had a commitment towards dealing with terrorism and providing the opportunities to ensure that we were well prepared and resourced to deal with counter-terrorism issues as they arise.

And I think if it hadn't have been for the commitment of both governments that it may have been difficult to get to the point that we've got to today. But certainly, yes, additional resources and legislation has been provided, which has enabled us jointly to achieve these outcomes.

DONOVAN: In the Melbourne Magistrates' Court this afternoon, Rob Stary, counsel for Mr Vinayagamoorthy, said that it was impossible for the defence to make a bail application on the men's behalf without the prosecution giving further information on the alleged offences to the defence. In particular, he requested details of the alleged financial transactions.

Mr Stary also raised concerns that the men's presumption of innocence may have been contaminated by the release of a press release and the police press conference being held before the men appeared in court this afternoon. Magistrate Clive Alsop said he wasn't interested in political statements. Mr Alsop ordered that further information on the alleged offences be provided to the defence within 48 hours.He also noted that the men have never been in custody before. The two men have been remanded in custody until next Monday when their lawyers will apply for bail on their behalf.

"..is the argument simply that any armed struggle, in any circumstances, in any country, amounts to terrorism? Well, had these laws been in place in the eighties, anyone who, say, attended an anti-apartheid fund-raiser would have become liable for some Mandela-style jail time of their own. Yes, the Tamil Tigers carry out assassinations, bombings and other brutalities. But, um, so did the ANC..."

The charges laid against Aruran Vinayagamoorthy and Sivarajah Yathavan for belonging to, funding and supporting the Tamil Tigers (LTTE) should draw attention once more to the extraordinary scope of Australia’s anti-terrorism laws.

Since 2005, it’s been an offence punishable by 25 years in prison to recklessly provide funds to terrorists, or a supporter of terrorists, even if they’re overseas. The new laws pose particularly difficult issues for migrants from strife-torn nations.

After all, in 2005, the Sri Lankan Government itself recognised the Tigers’ popular support when it struck a deal allowing the LTTE to administer funds for tsunami relief in Tamil areas. Should we be surprised, then, that some Tamils in Australia see the LTTE as their legitimate representative?

Or is the argument simply that any armed struggle, in any circumstances, in any country, amounts to terrorism? Well, had these laws been in place in the eighties, anyone who, say, attended an anti-apartheid fund-raiser would have become liable for some Mandela-style jail time of their own. Yes, the Tamil Tigers carry out assassinations, bombings and other brutalities. But, um, so did the ANC.

There are plenty of other ethnic minorities in Australia who face such repression at home that their political and cultural organisations inevitably maintain a connection with armed groups. Given that you can get done for collecting funds simply by being "reckless" about where your money’s going, the scope for future prosecutions seems vast.

Yet, the laws only apply to supporters of opposition groups, not the repressive regimes they oppose. It’s illegal, for instance, to support the Kurdish Workers Party (PKK). It’s perfectly OK to back the Turkish Government -- even though, according to Amnesty, it imprisons Kurds simply for speaking their own language. If you were Kurdish, that might seems less like preventing terrorism -- and more like taking sides.

The recent arrests in Australia of Tamil activists on allegations of misdirecting of funds for the LTTE, "could jeopardize the humanitarian projects funded by the Australian Tamil community and NGOs that assist over 500,000 internally displaced Tamil civilians in the Tamil homeland in Sri Lanka. Denial of this assistance to the needy would only help the Sri Lankan government in their attempt to “beat the Tamil people in Sri Lanka into submission,"" the Australasian Federation Of Tamil Associations (AFTA) said in a press release issued Wednesday.
Full text of the press release follows:

The Tamil Australian community is shocked at the arrest of two Tamil residents of Melbourne on 1 May 2007 reportedly charged with terrorism offences. According to ‘The Age’ article of 1 May 2007, the Australian Federal Police have alleged that they are members of the Tamil rebel organization, the Liberation Tigers of Tamil Eelam (LTTE) and have provided them with funds and electronic equipment aiding in their armed struggle for a homeland for the Tamil people in Sri Lanka.

Whilst the law abiding and peace loving Tamil Australians acknowledge the need to conduct a fair and open judicial process aimed at establishing the truth, the Australasian Federation of Tamil Associations (AFTA), an umbrella organization of the peak Tamil associations in Australia and New Zealand is deeply concerned of these arrests and their possible consequences.

These arrests and the allegations against the persons arrested that they have directed funds raised for humanitarian purposes, to the LTTE, could jeopardize the humanitarian projects funded by the Australian Tamil community and NGOs that assist over 500,000 internally displaced Tamil civilians in the Tamil homeland in Sri Lanka. Denial of this assistance to the needy would only help the Sri Lankan government in their attempt to “beat the Tamil people in Sri Lanka into submission”.

It is disturbing to note that Sri Lanka's Foreign Secretary Dr Palitha Kohona tipping on 1 May, that further arrests in Australia are to follow, pre-empting our government action and adding credence to the fears of the Australian Tamils of Sri Lanka’s political interference with the judicial process in Australia.

Undue publicity and wild speculations in the media about this matter would embolden the Sri Lankan Government and the Sinhala extremists in Australia to demonise the Tamil Australian Community. This would lead to the profiling of the entire Tamil Australian community as ‘terrorists’ or ‘supporters of terrorism’ and would affect their capacity to live with self respect and dignity and serve their newly found home country to their fullest potential.

An intensified demonizing campaign by the Sri Lankan Government would also undermine the legitimate struggle of the Tamil people in Sri Lanka for self-determination and may lead to the denial of the fundamental rights of the Australian Tamil community to raise their genuine concerns over the blatant violations of human rights of their brethren in Sri Lanka.

In this context, AFTA appeals to the Office of the Attorney General and the Australian Federal Police to be sensitive to these genuine concerns of the Tamil Australians, in their conduct of the judicial process.

AFTA also pleads with the media to take note of this matter in their reporting of related developments in the future.

Contact:
Vino Kanapathipillai...0416 967 760 (Sydney)
Raga Ragavan..........0402 387 920 (Canberra)
Siva Sivakumar.........0404 894 591 (Melbourne)
 

Australia withdraws Terrorism Charges

"The most problematic issue relating to terrorism and armed conflict is distinguishing terrorists from lawful combatants" - Terrorism and Human Rights -  Final Report of UN Special Rapporteur, Kalliopi K. Koufa, 25 June 2004

"...Do we not deliberately obfuscate when we conflate the two words 'terrorism' and 'violence'? ... The Cuban revolution was violent but it was not terrorism. The war against Hitler was violent but it was not terrorism...What are the circumstances in which a people ruled by an alien people may lawfully resort to arms to resist that alien rule and secure freedom? Or is it that there are no circumstances in which a people ruled by an alien people may lawfully resort to arms to to liberate themselves? And if all resort to violence to secure political ends is not terrorism, then what is terrorism? ..to categorise a combatant in an armed conflict as a 'terrorist' organisation and seek to punish it on that basis, is to.. assert in effect that  a people ruled by an alien people may not, as a last resort,  lawfully resort to arms to resist that alien rule and secure freedom... " On Terrorism & Liberation - Nadesan Satyendra, 2006

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From The Australian,  March 06, 2009...

" ... Commonwealth prosecutors yesterday told the Victorian Supreme Court they would not be proceeding with nine terrorism charges from the criminal code against Aruran Vinayagamoorthy, 61, Sivarajah Yathavan, 38, and Arumugam Rajeevan, 48.

Instead the men -- who have pleaded not guilty -- will be tried on the remaining five charges of breaching the Charter of UN Act by making money available to a proscribed organisation.

The men face a maximum sentence of five years for each offence, compared with up to 25 years' jail for the bulk of the nine federal terrorism charges.

A difficulty for the prosecution has been the status of the Liberation Tigers of Tamil Eelam, more commonly known as the Tamil Tigers...

In a bail hearing for the men in July 2007, Supreme Court judge Bernard Bongiorno cast doubt on the prosecution being able to convince a jury that the LTTE was a terrorist organisation ...  There is debate over whether the organisation is a terrorist body or a separatist group engaged in civil war.

Prosecutor Mark Dean SC told the court the commonwealth would soon file a new presentment of charges that would not include the nine terrorism offences under the criminal code.

He said the remaining five charges were all breaches of the UN Charter, in which the Tamil Tigers are proscribed as a terrorist organisation, so the prosecution is "not required to prove that element".

Police originally charged Mr Vinayagamoorthy with three offences under the post-2001 federal counter-terrorism laws: intentionally being a member of a terrorist organisation between July 2004 and July 2007, making funds available to a terrorist organisation between May 2003 and May 2007, and intentionally providing a terrorist organisation resources from May 2003 and May 2007.

They alleged he helped the LTTE in their campaign against the Sri Lankan Government by raising hundreds of thousands of dollars in charitable donations in Australia.

Mr Vinayagamoorthy will now be charged with making money collected in Australia available to a proscribed entity, as well as providing the organisation with boat design software and electronic components.

His two co-accused were originally charged with being members of a terrorist organisation and making funds available to a terrorist organisation. Mr Yathavan was also charged with internationally providing support or resources to a terrorist organisation. They will be charged only with making money collected in Australia available to a proscribed entity.

Mr Dean told the court the prosecution case against three men had narrowed. "It's simpler, much simpler," he said.

Judge Paul Coghlan adjourned the case until Wednesday when prosecution and defence hope to set a trial date.

The federal counter-terrorism laws have attracted controversy in the past. They were used against Indian doctor Mohamed Haneef following his arrest at Brisbane airport in July 2007. Dr Haneef was ultimately cleared of any involvement in terrorism.