News
|
||||
The
“rule of law” in Tiger territory There were no such reflections on the three-year 'no war, no peace' situation from either president Chandrika Kumaratunga or her Prime Minister Mahinda Rajapaksa. Looking at the ground situation from the perspective of the south, these three years have not seen the arrival of body bags nor has there been any major political assassinations, bomb explosions or mass killings. For
many that situation meant 'peace'. A building that once housed Sri Lanka's district courts in Kilinochchi has been converted into a LTTE courts complex. Seated in his chamber wearing a black coat and tie is Tamil Eelam's 'Chief Justice' who prefers to identify himself only by his nom de guerre – Oppilan. Mr. Oppilan spoke to The Sunday Times to explain how the LTTE law and order machinery – one of the many benefits that accrued to the Tigers as a result of the ceasefire – operates. Quite clearly it is 'the LTTE' law and not the Sri Lankan law that now prevails in the Wanni. The LTTE court houses, now numbering 23 are spread across the North and East and on each day hundreds of cases both civil and criminal are being tried by these courts. The court system has – District Courts, High Courts, Appeal Courts and the Supreme Court. Hundred and twenty lawyers have passed out from the LTTE “law college” since its inception in 1990. Mr. Oppilan himself was amongst the first batch to qualify. He said the study course which was of three-year duration was based on the Thesavalama law and the British legal system and students who pass out are required to apprentice for a further year. Although the LTTE courts were first established in 1993 their tribunals and police have been handling civil and criminal cases long before this date. According to Mr. Oppilan the LTTE appeal court was established in 1993 while its supreme court was established in 1995. Mr. Oppilan said that during the time of their freedom struggle there were severe punishments meted out to those guilty of various crimes and this in turn helped reduce the crime rate to a great extent. However, now in peace time, the LTTE was looking more at rehabilitation than at the task of just meting out punishment. The death penalty was handed out for drug trafficking, rape and murder. Now there is a system to appeal to “higher courts”, i.e. the “appeal court”, then to the “supreme court” and finally to LTTE supremo Velupillai Prabhakaran who would set up a committee to look into the case before final judgement is given. Since 1993 the LTTE has executed four criminals. One for a case of rape and three for murder. Mr. Oppilan said they were hoping to do away with the death penalty but were looking into the matter further. When asked what the maximum jail sentence for murder was, he said it could be up to 20 years. Mr. Oppilan said that even though they're currently following the laws similar to the British legal system, they were studying the German legal system, which the LTTE hopes to introduce in stages. The LTTE also has an “attorney general's department”. The “attorney general” S. Esaiyamuthan has about twenty lawyers working under him. Their main task at present was the drafting of laws for Tamil Eelam. Three years into the ceasefire agreement, the “LTTE courts” seem to be getting some acceptance among the people. The LTTE appointed chief justice said, "There is no difference between our laws, the laws of the South and those in Britain or India". According to him the LTTE laws were just and the punishments meted out respected an individual’s human rights. He also said its laws gave equal rights to both sexes. "Women certainly have more rights in Tamil Eelam than in the south", Mr. Oppilan said. In the case of land laws, the LTTE recognizes state land owned by the Sri Lankan Government, for example land allocated for expansion by the Government Agent to the Bank of Ceylon and the National Savings Bank, has the LTTE's blessing. However Mr. Oppilan said, "This place is under our control, we'll not obstruct anything that is beneficial to the people – but, we will supervise and monitor". The Sri Lankan Government has a foot hold in the LTTE controlled areas through the Government Agent. The Government Agent runs the Kachcheri. The distribution of aid and the infrastructure administration is done through the Kachcheri. Important foreign aid like funds from the World Bank or the Asian Development Bank are distributed through the Government Agent. However, the LTTE says it will move in the moment any offence is committed. "If there is any financial misappropriation in the Kachcheri and the Sri Lanka Government does not take action, we will then move in. This is purely to safeguard the people in our areas". The LTTE also says that they would take a hands-off approach in civil matters but if the nature of the offence is criminal then the offenders would have to come under the ruling of LTTE courts. The “prosecution” for civil and criminal cases I found was done by the police. According to “LTTE law” those holding the rank of “police inspector” and above (“officers” wearing two stars on the epaulette) have the authority to prosecute. I observed two cases being taken up in the LTTE 'high court', (one an assault case and the other a murder) where the police acted as the prosecution. "Our police are given special training to prosecute cases" says the LTTE “chief justice”. In addition to having a penal code, laws on banking, inland revenue, excise and road taxes, the LTTE has developed a highway code. It controls close to two hundred kilometres of the island's main highways and the LTTE police check vehicles travelling on these roads. Their road rules have to be strictly observed. Spot fines are given for minor offences but serious offenders are liable for arrest and may even be produced before its courts. The spot fines can go up to as much Rs. 1,000 for speeding. Within the town areas under its control there is a 40 kilometre per hour speed limit and outside town areas a speed limit of 60 kilometres per hour. If one is caught driving at more than 40 kmh and under 50 kmh there is a fine of Rs. 500. Between 50 and 60 kmh the fine goes up to Rs. 600 and traveling at more than 60 kmh within the town areas is an offense that warrants arrest and being produced before its courts. For driving above the speed limit of 60 kmh and below 70 kmh on the main high way, the spot fine is Rs. 750, between 70 and 80 km per hour is Rs. 1000. Anything above 80 kmh on the main highway is again a matter for arrest and the LTTE courts. LTTE highway rules have fines for parking in 'no parking' zones, obstructing the flow of traffic, parking at night without parking lights on, driving a vehicle without a proper number plate, driving without lights, overloading buses or driving without side mirrors. Traffic police carry electronic speed guns and all spot fines have to be paid to the policemen who would issue a receipt immediately. The ceasefire certainly appears to have brought order to this once war ravaged countryside and these laws seem to be taking them a step closer towards “nationhood”. In my interview with the LTTE 'Chief Justice' I asked him "can lawyers from the South practice in Tamil Eelam courts". "Yes" he answers "but they have to take the Tamil Eelam oath". Wanni
no refuge for fugitives This 'Chief Justice' who did not wish to divulge his real name, told me that he goes as 'Sivasudaralingam Oppilan'. Sivasundaralingam is his father's name and Oppilan his nom de guerre. He is neither a lawyer nor an academic in accepted legal parlence. "The LTTE has appointed me as 'Chief Justice' because of my experience" says the 32-year-old Oppilan. He said a man wanted for murder in Vavuniya is in the process of being handed over to the Southern authorities. He says this would be facilitated through the Vavuniya LTTE political office. The man in question, a resident of Mullathivu who is alleged to have murdered a boy in the Vavuniya area and had escaped arrest from the Sri Lankan Police by crossing the border into LTTE controlled territory. Mr. Oppilan insists that there must be cooperation between its police and the legal people and the law officers of the south if law and order was to be maintained. "The biggest problem now is that there is no cooperation. One of the matters that need to be brought up at the talks is this lack", asserts Mr. Oppilan. "We should have a system where criminals running away from our control should be apprehended and handed over to us and we could do the same when the situation is reversed". he said |
||||
Copyright © 2001 Wijeya Newspapers
Ltd. All rights reserved. |
