Karuna’s release imminent

“Unlike civil cases any criminal cases requires high degree of proof. Whilst Karuna was serving his sentence, CPS asked the international human rights organisations to furnish compelling evidence to file charges against Karuna. There were plenty of hearsay statements and comments and hard evidence was not forthcoming. Having successfully convicted Faryadi Zardad, the CPS did not want to face a failure on Karuna’s case. It could lead to creating an unnecessary legal precedent. Case law is a very powerful part of the legal system in the UK.”
__________________________

by a Special Correspondent

(May 14, London, Sri Lanka Guardian) The renegade leader Vinayagamoorthy Muraleetharan alias Col Karuna was transferred to immigration detention on May 9, 2008 after serving a nine months sentence for entering the UK with a false diplomatic passport. Karuna faced the same fate like many other immigrants caught with possessing false documents to enter the country.

British authorities came to know Karuna’s illegal entry when the surreptitious Asian Tribune web newspaper conspired with the government officials and politicians in Colombo to publish the details of his departure from the Colombo airport. There was media outcry and Karuna’s arrest became inevitable.

Karuna landed in the Heathrow Airport without even telling some of his trusted senior members. After entry clearance, he coolly walked out of the airport and hired a London black cab to reach his wife and children. He then made contacts with the senior members. No one questioned the modus operandi of his travel and all believed he had entered the country by legitimate way. When media unravelled stories after stories, Karauna’s predicament became untenable and at one point he seriously decided to pack his bags and return to Sri Lanka.

But his fate was that, he had to face the British justice system and in a dawn raid by the police, immigration and intelligence officials at his residence, he was arrested without any resistance from him. He even produced the diplomatic passport with the false name.

Immediately upon arrest, Karuna claimed political asylum and as a result he was kept under high security immigration detention. Then on December 24, 2007 Karuna was produced before Uxbridge Magistrate Court on the charges that he entered the country by using a forged passport. Karuna’s legal representative was given only twenty four hours to present his case. As the case was brought at short notice on the Christmas Eve Karuna’s legal representative too was not available and new firm of solicitors was arranged to appear for him.

The outcome of course was forgone conclusion, as there was ample evidence for upholding the charges against him. When the Crown Prosecution Service (CPS) lawyer presented the case, the judges were alerted about possible war crimes charges to be brought against Karuna. Karuna without any reservations admitted entering the country using a false passport. The court adjourned the hearing for sentencing at a later date.

As expected Karuna was sentenced at the second hearing for nine months which ended last Friday.

Following Karuna’s arrest, the LTTE activists were in an upbeat mood and a campaign of vilification was carried out against their former trusted and respected LTTE man. According to sources, a group headed by Cllr Daya Idaikadar (brother in law of LTTE’s legal spokesperson Viswanathan Rudrakumaran) approached a firm of solicitors to bring war crimes charges against Karuna. Having considered the facts presented by Daya Idaikadar, the legal counsel explained them of two stinging issues. One was that if any legal action is undertaken, it will open the skeleton cupboards of the LTTE, as Karuna’s defence will bring about numerous violations against many LTTE men including some of those who have claimed asylum in the UK. The second factor was the cost for a private litigation. Estimate of cost given made the pro-LTTE Councillor dumbfounded and sit up from his chair. With the minimum payment of cost for consultation, the adventure remained bowled over.

The Crown Prosecution Service (CPS) was more than eager to bring war crimes charges against Karuna. Based on the test case against an Afghan warlord CPS could have brought charges against Karuna. But unlike the cordial relationship Afghanistan where British forces are present the CPS did not seek the help of Sri Lankan government. ‘Several cases under the doctrine of universal jurisdiction have proceeded outside the country against Afghan human rights abusers living abroad. In 2005, a UK court convicted Faryadi Zardad, a notorious warlord, of torturing Afghan civilians between 1991 and 1996, and sentenced him to 20 years in prison. Similarly, a Dutch court convicted Hesamuddin Hesam and Habibullah Jalalzoy, both high level members of KHAD, Afghanistan’s infamous communist-era intelligence service, of engaging in torture and sentenced them to 12 years and nine years in prison, respectively.’ (HRW, December 12, 2006)

Unlike civil cases any criminal cases requires high degree of proof. Whilst Karuna was serving his sentence, CPS asked the international human rights organisations to furnish compelling evidence to file charges against Karuna. There were plenty of hearsay statements and comments and hard evidence was not forthcoming. Having successfully convicted Faryadi Zardad, the CPS did not want to face a failure on Karuna’s case. It could lead to creating an unnecessary legal precedent. Case law is a very powerful part of the legal system in the UK.

It is now a catch twenty two situation. If Karuna decides to rescind his asylum application, he will be returned to Sri Lanka on a special Sri Lankan travel document to be issued by the Sri Lankan government. There is every indication that he will pursue this route than being a prisoner of his own embroiled in the frustrating asylum process.
- Sri Lanka Guardian