By William Miller
Impunity Watch Reporter, North America
VANCOUVER, Canada – The Canadian Border Service Agency suspects at least one of the seventy-six Sri Lankan immigrants aboard the Ocean Lady which sailed into Canadian waters on October 17 may have ties to the Liberation Tigers of Tamil, a group the Canadian government believes to be a terrorist organization. All but one of the seventy-six migrants are in Canadian custody.
The CBSA initially recommended that the Sri Lankan migrants be detained until their identities could be determined. Now, they are asking that the men be detained until it can be determined which of the migrants, if any, are tied to the Tamil Tigers. On Tuesday, a judge agreed that there was reasonable suspicion to justify holding the men until their connections to the group could be determined.
The Immigration and Refugee Board postponed several status hearings for the migrants which were already underway after the CBSA raised their concerns. All seventy-six of the migrants have applied for refugee status.
The Tamil Tigers are associated with the Tamil Separatist Movement in Sri Lanka, and have served as the movement’s Militant wing during a civil war with the government. The government defeated the Tamil Separatists earlier this year. Canada has considered the group a terrorist organization since 2006 because they promote the use of suicide bombings.
The Canadian government relied heavily on the testimony of Professor Rohan Gunaratna, a Singapore-based terrorism expert who cited unnamed sources in Canada in claiming the Ocean Lady had been used by the Tamil Tigers in the past to smuggle weapons. Lawyers supporting the migrants argue that Gunaratna may be biased against the Tamils and is not credible as a witness.
Lorne Waldman, who represents fifteen of the migrants, said “He’s [Gunaratna’s] very controversial, to say the least. He often relies on unverifiable sources as the basis for the assertions that he makes. In the context of the Tamil Tigers, he’s basically biased. He’s clearly been associated with the Sinhalese [the Sri Lankan majority] cause for many, many years. And independent observers are convinced that he’s not objective, especially in relation to the Tamil issue.”
The CBSA also pointed to traces of petaerythroitol tetranitrate and TNT found on clothing aboard the ship. Both chemicals are used in explosives. The CBSA said they were particularly concerned with the presence of TNT as petaerythroitol tetranitrate could have possible innocent explanations.
The migrant accused of having connections to the Tamil Tigers was present at the hearing on Tuesday. Canadian immigration law forbids releasing his name however he is one of the migrants who speak English and no translator was needed at the hearing.
For more information, please see:
AFP – Canada Ties Sri Lanka Migrant Ship to Tiger Rebels – 4 November 2009
Globe and Mail – Tamil Migrant Held Over Possible Ties to Terror Groups – 4 November 2009
National Post – Tamils’ Ship Alleged to Have Traces of Explosives – 3 November 2009
