Litigation


By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Wednesday, June 18 2014

Below is the full text of the judgement in the appeal of the Sri Lanka country guidance promulgated in 2013. In this appeal, TAG continued its role as an intervenor, arguing for the protection of witnesses and victims of war crimes committed during the Sri Lankan war. Sri Lanka Country Guidance: MP, NT v SSHD (Court of Appeal) Case No: C5/2013/2607 Neutral Citation Number: [2014] EWCA Civ 829 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER) UPPER TRIBUNAL JUDGES GLEESON, DAWSON AND O'CONNOR AA/12647/2011, AA/03791 and AA/02916/2009 Royal Courts of Justice Strand, London, WC2A 2LL   Date: 18/06/2014 Before:   LORD JUSTICE MAURICE KAY Vice President of the Court of Appeal, Civil Division LORD JUSTICE ELIAS and LORD JUSTICE UNDERHILL - - - - - - - - - - - - - - - - - - - - - Between:     MP (Sri Lanka)   NT (Sri Lanka) 1st   Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Saturday, July 06 2013

TAG Statement 6 July 2013 New country guidance asylum determination on Sri Lanka   Yesterday, 5 July 2013, the Upper Tribunal of the Immigration and Asylum Chamber promulgated its determination in the case between GJ, NT and MP, and the Secretary of State for the Home Department, in which Tamils Against Genocide [TAG] was an Interested Party.   The Determination re-writes the country guidance on Sri Lanka. The previous country guidance, now obsolete, dates from 2009, it was not fit for purpose. That a wholesale reassessment of the risk to Tamils in Sri Lanka was long overdue was recognized in the High Court Judgment that halted all charter flights of failed asylum seekers back to Sri Lanka until the country guidance case was determined.  The tribunal confirmed this reassessment “we consider that the change in the GOSL’s approach is so significant that it is preferable to reframe the risk analysis for the present political situation in Sri Lanka. “ [Para 356]   The Sri Lankan c  Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Friday, July 05 2013

Upper Tribunal   Appeal Numbers:  AA/12647/2011 (Immigration and Asylum Chamber)            Appeal Number: AA/12647/2011   AA/03791/2011     AA/02916/2009     THE IMMIGRATION ACTS     Heard at Field House Determination Promulgated On 5 – 8 and 11-12 February 2013, 15 March 2013 and 19 April 2013.     …………………………………     Before   UPPER TRIBUNAL JUDGE GLEESON UPPER TRIBUNAL JUDGE DAWSON UPPER TRIBUNAL JUDGE O'CONNOR     Between     GJ NT MP Appellants and   THE SECRETARY OF STATE FOR THE HOME DEPARTMENT   Respondent and TAMILS AGAINST GENOCIDE Interested Party     Representation: For the First Appellant : Miss Shivani Jegarajah and Mr Iain Palmer, instructed by Patricks solicitors.  For the Second Appellant: Mr Rudolph Spurling and Miss Sara Anzani, instructed by Dean Manson Solicitors   Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Wednesday, April 24 2013

TAG Press Release 24 April 2013   British court decision affirms risk to protesters   In an asylum appeal determination published recently, First Tier Tribunal Judge Mailer in the Immigration and Asylum Chamber, ruled that an asylum applicant’s “removal pursuant to the deportation order would be contrary to the UK's obligations under the Refugee Convention and Article 3 of the Human Rights Convention.” Judge Mailer found that the treatment that was likely to await the applicant should his asylum be refused “amounts to persecution”.   The appellant is a Sri Lankan born Tamil, and an avid protester. He had attended dozens of protests against the Sri Lankan state, both during the conflict and to the present day, an anonymity order precludes further details. Miss Shivani Jegarajah, Renaissance Chambers, was counsel for the appellant. The basis for the appellant’s appeal was that as a protester, who could be identified as such, he was at risk. The ruling accepted this and thus affirm  Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Tuesday, April 09 2013

These notes are intended to guide relatives, friends and well-wishers of the UAE refugees as well as other advocacy groups. For further information please contact TAG: by email at tagdesk@tamilsagainstgenocide.org, by twitter via @tagadvocacy or @Jan_Jananayagam or by Facebook via Jan Jananayagam.   19 Refugees currently facing deportation in the UAE have been recognized by the UNHCR as refugees. However it is required for host nations to accept them. Each country that has signed the UN refugee convention will have a domestic process for applying for refugee status.   UK Position (for other countries please contact us) Mandate Refugee Scheme (MRS) If a UNHCR recognized refugee has ‘close ties’  to the UK then they can a be refered by the UNHCR for resettlement under the UK's Mandate Refugee Scheme (MRS).The MRS policy is published here: http://www.unhcr.org/40ee6fc04.html   It says on eligibility: "Mandate – Like the GPP those applying for resettlement under the MRS mu  Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Tuesday, February 26 2013

This statement seeks to clarify the total number of known cases of torture of Tamil returnees to Sri Lanka based on recent reports by Freedom From Torture (FFT) , Human Rights Watch(HRW) and Tamils Against Genocide (TAG).   Tsol wrote to the court yesterday saying the total number of allegations of torture on return since May 2009 made by FFT, HRW and TAG  in their recent reports is 64. This number is wrong. We have asked them to correct their letter. TAG is an interested party in the on-going country guidance on Sri Lanka to assess the risk of ill-treatment of Tamils returning to Sri Lanka.  In these proceedings the Tribunal asked the above three NGOs to cross check duplication and arrive at a total number of known cases. TAG undertook to prepare this joint statement and the figures below are based on this:   As of the 4th of February 2013 there were a total of 99 allegations collated by the three NGOs of detention and torture of Tamils returning to Sri Lanka from Europe, v  Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Tuesday, October 23 2012

The UKBA's October Bulletin was made public (as far as we know) on Monday 22nd October ahead of Tuesday's charter flight. TAG was not notified of its publication or of adverse and inaccurate comments relating to the Sep 16 TAG report in the Bulletin. The Bulletin also challenged a range of NGO reports that had been published in September 2012 and earlier. TAG have challenged the contents of the report and have obtained a retraction. We are informed by the government's solicitors that: "The following amendments to that bulletin have now been made:   The second sentence at 3.3.4 -  “This is incorrect data even from the sample of 13 provided to date as their claims were not based upon any return incident” has been deleted.   The penultimate sentence at 3.3.4 -  “This shows that almost half of the asylum claims were not accepted …..” has been amended to “The status of almost half of the asylum claims is unclear…..”   The third sentence at 13.6 - “It is noted that of the 13   Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Wednesday, September 19 2012

Tamils Against Genocide applied to the UK Administrative Court this morning for an injunction against the UK government proceeding with the charter flight  of forced returns to Sri Lanka scheduled for 15.30 pm today. This application was made based on the information contained in the recent report detailing egregious torture of 26 students and other persons returning voluntarily to Sri Lanka after spending a short period of time in Britain. TAG challenged the UK Border Agency's presumption that forced removals are 'safe'. The judge found there is no such policy that it is safe to remove Tamils to Sri Lanka, but all challenges have to be mounted on an individual basis [court order attached]. In practice this is very cumbersome and impossible for claimants without funding. As TAG's report shows the country guidance in leading UK cases is now out of date. TAG has appealed to the European Court of Human Rights seeking a ruling preventing the flight and pursuing its right to have   Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Friday, June 01 2012

TAG has submitted a formal complaint to the UK Metropolitan Police today regarding war crimes and crimes against humanity alleged to have been committed by the Sri Lankan President Rajapaksa with the aim of bringing justice to the victims. Rajapaksa is due to visit the UK imminently in conjunction with the Queen's Diamond Jubilee celebrations. While TAG appreciates the immunity issues involved, it is our understanding that this will not prevent the Metropolitan Police from opening a case file and commencing necessary investigations.   Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Thursday, May 31 2012

A British judge has ordered that the Secretary of State be restrained from returning a Tamil asylum seeker to Sri Lanka during the scheduled deportation via a chartered flight to take place today, 31 May 2012. The judge found that “the recent Human Rights Watch Report dated 29.05.2012 suggests that there may be new evidence relevant to the risk of ill treatment” in the matter of the Applicant’s judicial review application at the High Court of Justice, Queen’s Bench Division, Administrative Court. This finding is applicable to all other Tamil asylum seekers who face the same risks of “arbitrary arrest and torture” upon return to Sri Lanka. The Human Rights Watch Report may be accessed at this link: http://www.hrw.org/news/2012/05/29/uk-suspend-deportations-tamils-sri-lanka    Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Tuesday, February 28 2012

In the continuing dispute of fact between the UK Border Agency and NGOs on the seriousness of returnee torture, UK judges pre-emptively dismiss NGO claims as 'not of sufficiently high quality' in 'X v SSHD' . X v SSHD was before the court on other grounds before the HRW report came out but both parties included the HRW report of Friday in their papers on Monday. The Judges focused on the HRW report in their decision.   This pre-empts the arguments in the TAG sponsored grounds on risk of torture citing 3 NGOs: HRW, FFT and Act Now. Counsel who drafted the TAG sponsored grounds  were not notified of the oral hearing in 'X' yesterday and have appealed stating procedural unfairness, in that UKBA were allowed to make oral representations and submit documents leading to a determination on issues critical to them (the HRW report) without their being allowed to respond.  Appeals to the Court of Appeal are being lodged. Here are the judges comments in X v SSHD on recent NGOs statement  Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Saturday, February 25 2012

Human Rights Watch (HRW) has published a statement citing evidence of several cases of the detention and torture of returnees from the United Kingdom. This statement which we believe significantly changes the playing field on asylum litigation can be found here: http://www.hrw.org/news/2012/02/24/uk-halt-deportations-tamils-sri-lanka In summary HRW says "The British government has an international legal obligation not to deport people who have a credible fear of torture upon return. Convincing reports of arbitrary arrests and torture demand that the UK government suspend returns of rejected Tamil asylum seekers to Sri Lanka until it can fairly and thoroughly assess their individual claims based on up-to-date human rights information on Sri Lanka." This is precisely the argument made in December by TAG in its case Tamils Against Genocide v United Kingdom. In december we published the grounds of the TAG case here: http://www.tamilsagainstgenocide.org/story.aspx?ID=66 TAG argue  Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Friday, February 24 2012

The original version in German can be found here http://www.unhcr.org/refworld/docid/4ec001e32.html Translation below, contact TAG for certified copies for court. Department V E6220/ 2006 Verdict of October 27 2011     Cast                                                                                                                          Judge Christa Luterbacher (Chair) Judge  Markus König, Judge Maurice Brodard, JudgeWalter Stöckli,Judge Jenny De Coulon Scuntaro, Trial typist Sandra Bodenmann Parties    A._______, Sri Lanka, represented by Matthias Rupp, lawyer, Anwaltskanzlei MeierStehlik, Seestrasse 441, 8038 Zürich,   claimaint against  Bundesamt für Migration (BFM), Quellenweg 6, 3003 Bern, Court of Lower Instance.   Gegenstand                 Asylum and deportation; Order of the BFM of October 31 2006 / (…).   A. The claimant left according to his own information his home country on September 22 2006 by plane and reached Switzerland vi  Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Thursday, December 15 2011

The TAG application for judicial review of(co/12153/2011) was refused permission by Mittel J. this morning and has been appealed to the court of appeal. The judge held that each decision for removal must be individually appealed. He did not allow a generic appeal. Nevertheless the grounds have merit. We hence recommend solicitors to use the generic grounds below for their individual application- these grounds do not make reference to the TAG case but use the same points. They can be combined with individual appeal points. By way of supporting documents you may rely on a.   The Swiss Federal Court Judgment of 27 Oct 2011 (see http://www.tamilsagainstgenocide.org/story.aspx?ID=62) b.   Out of The Silence By  Freedom From Torture http://www.freedomfromtorture.org/srilanka-report c.   Witness Protection in Sri Lanka by TAG  (contact us for this - tagdesk@tamilsagainstgenocide.org)   IN THE MATTER OF AN APPLICATION FOR A STAY ON  REMOVAL ON THE 15TH DECEMBER  Read on...

 
By Together Against Genocide (TAG, formerly Tamils Against Genocide), On Tuesday, December 13 2011

Solicitors: You may copy and use the below template for all clients. For Vanni oe  clients we recommend you contact us at tagdesk@tamilsagainstgenocide.org for a tailored template.   IN THE MATTER OF AN APPLICATION FOR A STAY ON  REMOVAL ON THE 15TH DECEMBER 2011     GROUNDS UPON WHICH A STAY IS SOUGHT     1.   The Claimant seeks a stay on removal pending the resolution of a judicial review application filed by TAG[1] . The application (reference: CO/12153/2011) relates to issues common to all those on the charter flight of proposed returnees to Sri Lanka.   2.   TAG’s grounds are attached.   3.   TAG’s judicial review application arises as a result of new evidence collated in a UKBA bulletin dated the 30th November 2011.   4.   The bulletin makes reference to reports submitted to the UN Committee against Torture that concluded its investigation in respect of reports concerning torture on the 25th November 2011.             Read on...

 
By TamilNet, On Wednesday, July 06 2011

TAG a US-based activist group, said Sunday that a project documenting torture and white-van abductions, supported by a list of nearly 30 affidavits, video depositions, and graphical footage of the abduction-torture sequence adopted in Colombo and in Vavuniyaa, Trincomalee internment camps, are near completion and that a Europe-based legal action is imminent. 

 
By TamilNet, On Sunday, February 13 2011

Tamils Against Genocide (TAG), a US-based activist group, and Swiss Council of Eelam Tamils (SCET) said Sunday that both organizations are to jointly file a legal brief requesting the Prosecutor at the International Criminal Court (ICC) in the Hague, Netherlands, to initiate war crimes investigations leading to the issuance of an article 58 warrant of arrest of dual Australian-Sri lanka National Palitha Kohona.

 
By Deccan Herald, On Saturday, January 29 2011

A US-based Tamil advocacy group has filed a lawsuit against Sri Lankan President Mahinda Rajapaksa seeking USD 30 million in damages for the alleged extra-judicial killings in the decades-old civil war. The lawsuit was filed by Bruce Fein, a Washington-based attorney, who stated "Rajapaksa will not escape the long arm of justice secured by the Torture Victims Protection Act by hiding in Sri Lanka. Extra-judicial killings under colour of law are universal torts. If President Rajapaksa refuses to defend against the complaint, a default judgment will be sought"...

 
By TamilNet, On Sunday, January 23 2011

Tamils Against Genocide (TAG), a US-based activist group advocating criminal legal action worldwide against Sri Lanka's alleged war-criminals, said in a press release issued today, that TAG's attorney is filing civil action against visiting Sri Lanka's President Mahinda Rajapakse for damages under the Alien Tort Claims Act (ATCA/TVPA) on behalf of three plaintiffs for the killings of 40,000 civilians in Mullaiththeevu in 2009, killing of 5 Trincomalee students in January 2006, and for the killing of 17 Action contre la faim (ACF) workers in August 2006. As calls to apprehend, investigate and prosecute Mahinda Rajapakse by rights organizations, US Congresspersons and diaspora Tamils have escalated, European Tamil diaspora youth are mobilizing protests in front of US embassies against Rajapakse's visit to the U.S.

 
By TamilNet, On Wednesday, November 17 2010

The Swiss branch of the Society for Threatened Peoples (GfbV), a human rights organisation that speaks up for voiceless peoples and communities, has come forward to act as an independent custodian of evidence material and in working out submissions on behalf of individuals and organisations, who need assistance in making submissions to the UN Panel.

 
By TamilNet, On Saturday, October 30 2010

Bjørn Elmquist, a Danish attorney specializing in criminal law on crimes against humanity has written to the International Criminal Court (ICC) in Hague Netherlands to bring war crimes charges against Sri Lankan officials alleged to have committed war-crimes against Tamils in the NorthEast of Sri Lanka. The legal effort is being initiated by three Danish Tamils and the Denmark Tamil Forum.

 
By TamilNet, On Wednesday, September 15 2010

A. Muller-Elschner, the legal secretary to the Registrar of the European Court of Human Rights (ECHR), said in a letter to the Swiss Council of Eelam Tamils (SCET), the democratically elected country council of Eezham Tamils in Switzerland, that the European Court will take up the case against the appointment of ex-SLA commander Jagath Dias as a diplomat to the Sri Lanka embassy in Germany. 

 
By TamilNet, On Sunday, August 01 2010

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...

 
By TamilNet, On Saturday, July 24 2010

In an unprecedented legal move, three diaspora Tamil organisations have decided on Friday to file a case against Germany in the European Court of Human Rights. The Switzerland Council of Eezham Tamils (SCET), the Norwegian Council of Eezham Tamils (NCET) and the US based NGO, Tamils Against Genocide (TAG), are to submit an application to the European Court of Human Rights charging the German government for violating EU Rights conventions by accepting a Sri Lankan military commander, Major General Jagath Dias, an accused in the war crimes, as Sri Lanka’s diplomat to Germany. Meanwhile, German based International Human Rights Association at Bremen, while welcoming the move said that real thrust could be achieved only by exposing and suing what this general is doing in Germany, violating human rights with the tacit approval of the German government. 

 
By Tamils Against Genocide, On Sunday, January 10 2010

TAG provides a consolidated report on the military executions captured by the video footage. The report includes background material on digital recording technology, technical analysis, and research findings. Based on extensive testing and analysis of all this material by multiple independent and expert sources, the authenticity of this videotape capturing a war crime committed by Sinhalese speakers in the uniform of the Sri Lankan armed forces is indisputable. The authenticity of the video showing the massacre of naked bound, blindfolded Tamil men shot in the back imposes an obligation to those working on upholding justice to ensure that the culpable soldiers and their responsible superiors are brought to justice.

 
By Tamils Against Genocide, On Sunday, January 10 2010

Satellite Imagery Evidence Showing Sri Lanka Military “Purposely or Intentionally” Targeted PTK Hospital

 
By Tamils Against Genocide, On Monday, February 09 2009

UNITED STATES OF AMERICA v.GOTABAYA RAJAPAKSA and SARATH FONSEKA Grand Jury Indictment for Genocide Copyright © Tamils Against Genocide, 2009. All Rights Reserved

 
By Tamils Against Genocide (US), On Sunday, February 01 2009