The action by the Malaysian Attorney General (AG) to drop criminal charges against the LTTE suspects could lend a new lease of life to the LTTE remnants, trying to regroup worldwide, a senior Sri Lankan diplomat said, cautioning that the implications of this decision will be long lasting.
A week ago, Malaysian AG, Tan Sri Tommy Thomas took action to drop all charges against 12 people who were accused of supporting the Liberation Tigers of Tamil Eelam (LTTE), a designated terrorist group in Malaysia and elsewhere.
The Attorney General said there were compelling reasons not to pursue charges against the 12 and “there was no realistic prospect of conviction.”
In a detailed statement issued a week ago, the AG observed that having photographs and other representations of a terrorist group in one’s mobile phone or on a Facebook account, does not transform a person into a terrorist. He said millions of people across the globe admire Lenin, Stalin, Mao Tse Tung or Che Guevara as idols but that hero worshipping will not make them do acts of terror.
The 12 LTTE suspects were arrested and charged with promoting a designated terror organisation, for having in their possession propaganda material of the LTTE and images of late LTTE leader. Two of the suspects were assemblymen from the ruling coalition, the Malaysian media reported.
The AG said he was using the discretion granted to his office by the Constitution, to discontinue proceedings. However, according to foreign media, his actions have triggered angry reactions and he is facing calls to resign.
In November last year too, Opposition lawmakers called for the removal of the Attorney General following a court decision to drop two terrorism-related charges against a Democratic Action Party Assemblyman over alleged links to the Liberation Tigers of Tamil Eelam (LTTE).
In a lengthy statement issued on February 21, the AG cited the UNHCR, US State Department and Jane’s Defence Weekly of saying that the LTTE had ceased all activities in Sri Lanka by 2009. He had also referred to the bloody Easter Sunday attack in Sri Lanka which did not have any known LTTE links according to investigations while emphasising the fact that LTTE never carried out violent attacks in Malaysia.
The 12 suspects were charged in October 2019 under Security Offenses (Special Measures) Act of 2012 and had been held in detention since then. Six of the suspects were arrested in 2014.
A senior diplomat who wished to remain unnamed, said Malaysia has been a safe heaven for the LTTE after the terror outfit was militarily defeated by Sri Lankan forces in May 2009. A senior LTTE leader Selvarasa Pathmanathan alias KP, a former head of the LTTE’s international network, who was eventually appointed to succeed Prabhakaran was operating in Malaysia before he was arrested and handed over to Sri Lanka.
“It was not India or any other country, but Malaysia which was the hub of theLTTE,” he said.
The Diplomat said the LTTE is not only active in Sri Lanka and Malaysia. A review of recent developments in Geneva and Brussels where the EU parliament meets, shows that the LTTE has penetrated human rights lobbies and western capitals, and are working as human rights champions when they themselves violated the human rights of many Tamils and others including children who were recruited as soldiers.
A senior defence source said the LTTE has been a continuing threat not only to Sri Lanka but the international community before the Sri Lankan government defeated the LTTE in May 2009.
He said the Malaysian AG’s decision could not have been based on an actual security assessment.
The senior defence source added that this decision will serve as an impetus for the LTTE to grow and pose a threat not only to the countries they are based in but also to other countries and it is vital that Malaysia collaborate in the fight against terrorism.
Associate Professor at University Malaysia Perlis and a member of the National Deradicalisation Panel, Mohd Mizan Aslam told the Sunday Observer, that despite the AG’s decision to drop proceedings against the LTTE suspects, the Malaysian Ministry of Home Affairs, the Prime Minister’s office and the Prison’s Department maintain that the LTTE has a significant impact on the security of the country.
He said the support group is still a threat because there had been many incidents in Malaysia including the attack on the Sri Lankan High commissioner at the Kuala Lumpur airport.
Dr. Aslam said large amounts of money is still being transferred to LTTE accounts in Malaysia and the country serves as a transit point to procure arms and ammunition from North Korea to be supplied to LTTE members all over the world including Canada and Belgium.
Soon after the defeat of the LTTE in Sri Lanka, Malaysia served as a transit hub for fleeing LTTE leaders and LTTE operated vessels, transporting illegal migrants to Canada and elsewhere. The intercepted vessels, MV Sun Sea and Ocean Lady, set sail from Malaysian ports.
The Associate Professor said despite the huge outcry to remove the AG, who is the first non-ethnic AG of Indian decent, it will have to wait until a new government is appointed. Malaysian PM Mahathir Mohamed tendered his resignation a few days ago and remains the interim PM until the political controversy is settled.
To remove the AG, the new Prime Minister will have to seek an audience with the King and ask for a replacement which is a possibility, but not in the near future.