2ND LEAD (UPDATE)

Dias case filed in European Court, German Ambassador meets Swiss Tamils

[TamilNet, Sunday, 01 August 2010, 00:21 GMT]
Following the filing of a complaint against the Federal Republic of Germany with the European Courts of Human Rights (ECHR) for violating the ‘European Convention for the Protection of Human Rights and Fundamental Freedoms’ in accepting Maj. Gen. (retd.) Jegath Dias as deputy Counsel in Sri Lanka’s embassy, German Ambassador to Switzerland, Hon. Von Schubert, met with a delegation of the Swiss Council of Eelam Tamils (SCET) led by Tharsika Pakeerathan, the president of SCET, Wednesday evening in Bern, Switzerland, sources in Bern said. "The discussions were very productive and were centered around the main arguments in the complaint on the violations of Germany to preserve the dignity of Tamils as enshrined in Articles 3, 8, 11(2) and 13 of the convention," Tharsika told TamilNet.

Maj. Gen. [retd.] Jegath Dias
Maj. Gen. [retd.] Jegath Dias
The delegation emphasized the importance of Human Dignity as enshrined in the German constitution, and how the appointment of Maj. Gen. [retd.] Dias violates the human dignity of the European Tamil population affected by the war.

The complaint alleged the deputy counsel Maj. Gen. [retd.] Jegath Dias committed war-crimes in the conduct of Sri Lanka's war against the Tamils and claimed that the supporting evidence provided was factually sufficient to give rise to plausible inference that the defendant committed the alleged crimes.

"As a general assertion, the complaint holds that within the jurisdiction of the Convention, the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world," the complaint pointed out.

In Part I, the complaint detailed the relevant statement of facts establishing circumstances from which the Article violations arise.

In Part II, sections A-J detailed arguments supported by evidence and the totality of transnational circumstances alleging that Germany, through knowing and culpable non-rejection of the deputy ambassadorial appointment, breached and continues to breach Articles 3 (Prohibition of Torture), Article 8 (Right to Respect for Private and Family Life), and Article 11 (Freedom of Assembly and Association) of the Convention, in violation of fundamental universally-accepted values, morals, and principles of human rights unequivocally accepted and respected by the modern community of civilized nations and postwar European democratic political society.

Also, as an alternate pleading, CC(NS)/TAG alleged a breach of Article 13, the Right to an Effective Remedy.

Commenting on the activities in Switzerland, a spokesperson for TAG said, "with Switzerland taking the lead in the legal efforts to bring the perpetrators of war-crimes to justice, other European countries will likely follow with similar suits. While Colombo is active in "development" to detract the West from the war-crime cries, expatriate Tamils should not be persuaded by perfidious calls that purport to alleviate misery of the people, but unequivocally insist that accountability to war-crimes is a pre-requisite to any development," the spokesperson said.

Meanwhile, the president of Norwegian Eelam Tamils Council, Dr. Panchakulasingam Kandiah told media that the NCET has raised the matter with the German Embassy in Norway this week.

The legal move was made following repeated complaints from Tamils living across European countries of alleged psychological operations (psy-ops) being induced by the Sri Lankan Embassy in Germany, Dr. Kandiah further said.


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