KP’s arrest – International law

“KP is the biggest Human Rights violator in Asia- cunning man who is capable to send different messages to various audiences. LTTE never stopped fighting and without KP Prabakaran would not made the achievements as the wars are normally not fought and won on the ground alone. It is LTTE international that kept the war going. Had KP continued LTTE international would have given life to LTTE domestic being the most experienced man capable of propagation, fundraising, procurement, shipping and all underworld dealings?”
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By Sarath Wijesinghe

Most Wanted Man

(August 14, Colombo, Sri Lanka Guardian) KP Chief Financier and Chief Procurer of arms to the LTTE with a barrage of names and identities was arrested and brought back to Sri Lanka. He is the most wanted terrorist to the Interpol (International Police), Sri Lanka, India and many other countries.

He had multiple passports of Sri Lankan, Indian, Swiss, Malaysian, Thai and Egyptian identities and was born on 6th April 1955 in Jaffna and educated in the Jaffna University. The arrest was strategically a break through to Sri Lanka, South Asia and the civilized world threatened with Drug trafficking, illegal trades including Human Smuggling, Arms deals, and Illegal trades and movements of various ways and kinds endangers the world over. It has been “Master Minded by the Defence Secretary and the team committed and dedicated. It reminds us of “Entambae” but this break through is very much greater and important in wider sense to prevent further destruction of states, human lives, and political stability of many states including India and Sri Lanka. Thai Attitude on KP was amusing by denouncing his existence as he has heavily bribed corrupt VVIPS worldwide He carried armaments in 2006/2007 and 2009 with 4 legitimately registered ships and 8 ships hijacked operated in South Chile vessels owned by LTTE and front organisations President Rajapaksa’s shuttle diplomacy and the Foreign Minister’s hard work on Foreign Affairs contributed to the assistance and corporation of the members and officers of the world family and the Interpol. The able Defence Secretary who master minded the operation has stated that this is a part of a longstanding plan and the Prime Minister’s statement of the presence of the large haul of ammunition in Colombo is frightening. Thai Judiciary has declined to give the Russian drug Barron to Americans claiming he does not belong to a terrorist group, indicates how smart our intelligence and mode of operation!

KP had 1582 Bank Accounts and – Passports in addition to enormous wealth worth trillions obtained for him and the LTTE by illegal means and extortions of his own community and cheating the world community pausing as a militant freedom movement. He was in charge of the LTTE secretariat dealing in Human Rights, Settlement, Rehabilitation, Re construction , Peace building, Development, Negotiations, Political actions, Policy Making, Public relations, Media Relations, Resource movement International Relations and many other areas with the enormous resources in hand and close connections with his close friend and Guru Prabakaran. He was wanted by the Interpol on Rajive assassination and by Sri Lanka on central bank bombing and other atrocities against humanity. World today awaits for KP’s secrets on the management of the LTTE funds and the terrorist core and front organisation in the guise of Non governmental Organisations. No steps taken by British MIG, Norway and CIA who knew of KPs presence and activates yet no steps taken mainly due to the availability of enormous funds freely circulated and made use of to bribe them.

This indicates how powerful the capture to Sri Lanka India and the world over. LTTE has killed 10 times more civilians than the al Quade movement and tops the list of terrorist organisations in the world as the most ruthless, and organised terrorist outfit backed by many other underworld organisations.

International Law and Judicial Process

International Law is not clear and certain on the arrest of Terrorists wanted by most counties and Interpol and leader of an organisation which threatens world peace. In 1886 US Supreme Court dealt with the arrest of a person by the Chillian Military personally in the case of Ker Vs Illinois. It was noted that it is not “Robbing” of the jurisdiction. According to United Kingdom and the world court clearly shows that “ Carptus Bene Detention” rule is acceptable in some states and rejected by others, which means that there is no finality regarding the legal position on arrests of wanted men in transit by the world and the world family. Question once arose whether abduction bars a court form exercising jurisdiction and how a person was brought was not the concern. It is a smart move to bring without seeking jurisdiction of the “captured country” and it is quite legal if the captured country has cooperated with the “Host Government”. Principles of International Law is to uphold the sovereignty of another country and to follow extradition Treaty and the fundamental rights of a person based on the principles of UNHCER that “ no one shall be subjected to arbitrary arrest” in the normal circumstances. This is an abnormal circumstance and the public is not aware of the facts of the steps taken in the interest of the world community seeking peace and peaceful living. The position is not clear when a person is arrested on transit or surrenders voluntarily to the wanted country. Reparation to the captured country and Restitution to the original position are alternate methods of resolution when the sovereignty is at stake. As there are large number of decisions against the Sri Lanka government as a result of the successful cases filed against the most controversial former Chief Justice Sarath Silva the newly aspirant to be the Common Candidate ( according to Info Lanka and E-News the famous websites) in the Human Rights Commission, the attitude of the academics and international legal fraternity is currently hostile towards us and the Foreign Minister and the new Chief Justice will have to work hard to bring back the same confidence and glory to Sri Lanka by taking appropriate steps slowly and steadily and the media too has a main role to play in this exercise. It is an irony that Solhim the controversial Norwegian Minister met KP the terror leader with two warrants from the Interpol which is a blatant violation of International Law and is it only the Sri Lankans who are expected to follow International Law! It is no secret that Norvigian Government favoured LTTE over Sri Lanka for some unknown reason and reason best known to them.

Post KP and Praba Era

KP is the biggest Human Rights violator in Asia- cunning man who is capable to send different messages to various audiences. LTTE never stopped fighting and without KP Prabakaran would not made the achievements as the wars are normally not fought and won on the ground alone. It is LTTE international that kept the war going. Had KP continued LTTE international would have given life to LTTE domestic being the most experienced man capable of propagation, fundraising, procurement, shipping and all underworld dealings. Who will take the rains of LTTE and succeed KP is the question paused by many. It is learnt the US based lawyer by the name Rudrakrishnan is eying for the position. Is it possible for him to rejuvenate the LTTE is a moot question. Today LTTE is week and feeble with no support of the international community and the misguided Diaspora whose wealth Prabe and KP swindled. It seems that there will be more arrests and surprises once KP revel all secrets and mode of operation in full. He has no choice but to “Vomit” everything that he is managing for 25 years successfully. Thanks to the President, Defence Secretary and the Foreign Minister, Sri Lankan government is in full control over the situation. Definitely KP will come out with all the information as he was used to luxuries life immersed in money will not be ready to go through rigorous grilling. Even Prabakaran last moment ran away leaving his son the cyanide capsule and the followers to save his life. Militarily, morally and in all respects LTTE is down and there is no possibility for revival at all as the world community and the people in the North and East has now come to senses and enjoying the new found freedom.

Prabakaran and K Pathmanathan were inseparable, to the extent that terrorist movement was complemented to each other connecting the ground and international networks. It is true in the modern E-com age without the support from the outside world and modern technology any movement will be in isolation. “Charl’s Brigade” was formed to fill the gap and to handover the mental to Praba’s to carry on the struggle in the second generation. P+KP had long and strong bonds and complemented each other in their respective areas of expertise. Ability of Praba was confined to the “Ground” with his weakness of the English Language ability which he did not want to improve thereby he is not able and capable to interact with the outside world and the best and the most reliable has been KP who has no leadership qualities though maintained bonds with all other terror groups worldwide. He was dealing in the finance, and business of the movement, which he was capable to handle.

KP’s capture is as important as Praba’s as the only person who could carry forward Praba’s terror flag and outfit internationally with his knowledge of financial network involving trillions and ability to manage business beautifully, which would have encouraged remnants of local LTTE supports as the movement is not completely annihilated. KP supposed to have spelled beans like a tamed mice when his friend/leader tried to escape leaving his family and supporters and even the capsule.

At the time President MR took the rains, LTTE has virtually won the political and military war on the ground except the writ of the Sri Lankan Government which was confined to the demarcated areas in the south to be ruled and managed by the Sri Lankan Government according to the agreement entered into between Prabakaran and Ranil is dire circumstances where Ranil was almost forced to sign the agreement already signed by the Prabakaran. It is in this atmosphere that MR was brought to power on the vehicle of Mahinda Chinatana. Word witnessed in disbelief the victory on terror which lasted three decades ended in two and half years, preventing any re- grouping either in Sri Lank or worldwide and destroying the power balance and international network of activism.

Revival of LTTE after Praba-KP era is impossible as the entire terror empire stood on these two individuals alone. Now that President Mahinda Rajapaksa has won the war of terror and entered the second phase of winning the Peace and Prosperity it is time the entire Nation work as one in order to achieve this shedding all political and other differences for a while as has been done by the Conservatives in the United Kingdom by helping the Labour Government to come out of the difficulties and currently emerging victories to take the rains as the next rules in the near future. Until the President and the group succeeds this achievement it is the duty the citizen to let him flush the rest of terror, bribery corruption and bring back peace and prosperity.

(The Writer, Solicitor in England and Wales – Chari Justice and Equality and a past Secretary of the Bar Association. He can be reached at sarath8@hotmail.com ) -Sri Lanka Guardian