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The criminal exchange
If a well known criminal entered a country especially under a deportation order of another country, he will not get all the comforts; and the authorities have to make sure that the incoming criminal does not restart his criminal activities.
FEW YEARS ago there were two well known Tamil gangs operating in Toronto. One was identified as ‘VVT’ (Velvetithurai- a Village name in Northern Sri Lanka) and the other was ‘AK Kannan’. They were having a territorial drug war between each other for few years. Several shoot outs and few deaths later, both gang leaders and their supporters were arrested in a massive police raid code named ‘Project 1050’. Recently a new page in these gangster stories has started to dominate the Canadian media.
 
On June 11, 2010, Jothiravi Sittampalam, the alleged leader of ‘AK Kannan’ gang was deported to Sri Lanka by the Canadian border services due to drug trafficking and allegedly leading a criminal gang in Toronto. As soon as he landed in Sri Lanka, authorities arrested him and released him on bail and then arrested him again on charges, that he collected money for Tamil Tigers during last days of the conflict. Now, his wife who is still living in Toronto has filed a petition in the Canadian courts to reopen his old case, which ordered his deportation six years ago.
 
She is requesting Canadian immigration to bring Jothiravi Sittampalam back to Canada claiming that the Sri Lankan authorities are abusing his rights and he will be persecuted. Previously, Jothiravi’s lawyer Barbara Jackman a well known Canadian immigration lawyer, made sure Canadian justice system prevented his actual deportation for six years on the same ground. But at the end of Sri Lanka’s conflict, Canadian authorities decided to deport Jothiravi Sittampalam.
 
Before Sittampalam, there were over 100 Canadian Tamil criminals deported to Sri Lanka even during the conflict time. But this is the third time such a huge noise is being created on the issue in Canadian media.
 

Among the other deportees is Kaileshan Thanabalasingham, an alleged VVT gang leader, who was the opponent of Jothiravi Sittampalam in their mini drug war in Scarborough, Ontario. He was deported to Sri Lanka in 2006. But later he managed to sneak out of Sri Lanka and today he is living in Australia under a different name.

Another such Canadian deportee Sanjeev Kuhendrarajah re-appeared in an asylum ship to Australia under the name of Alex, he was deported from Canada in 2003, due to his criminal activities. Another gangster, Panchalingham Nagalingam, a member of AK Kannan Group was deported in 2007, and was brought back to Canada from Sri Lanka in 2010, on the expense of Canadian government.


In 2001, LTTE money collector Suresh Manickavasagam managed to block his deportation, just hours before his deportation to Sri Lanka. In the landmark case, Suresh vs Canada (Minister of Citizenship and Immigration), [2002] 1 SCR 3,  the Supreme Court of Canada held that Suresh made a prima facie case that he would be subject to torture upon being returned to Sri Lanka and he will be denied the procedural fairness owed to him by the Canadian Charter of Rights and Freedoms.


Since then, all the LTTE criminals awaiting deportation used this judgment to avoid their deportation. The procedural fairness identified here is equal to the Sri Lanka`s fundamental rights guaranteed by the constitution of Sri Lanka. Unfortunately, at Suresh’s hearing, Canadian Supreme Court never got the chance to hear the procedural avenues available in the Sri Lankan justice system for a suspect but what the court got was, then Manickavasagam’s lawyer Barbara Jackman’s interpretation on Sri Lankan justice system. Is that a correct version of Sri Lankan’s legal system? Reality is far different from Barbara’s interpretation.


If a well known criminal entered a country especially under a deportation order of another country, he will not get all the comfort in the world; as the authorities have to make sure that the incoming criminal does not restart his criminal enterprise in the home country. It is one of the responsibilities of the government to make sure the safety and security of the citizens in the country. Therefore, it is not correct to call such procedure a persecution.

Even under Section 7 of the Canadian Charter of Rights and Freedom, the government could deprive  a person of his life, liberty and security in accordance with the principles of fundamental justice. In the same way, there are enough procedural solutions available in the Sri Lankan justice system to go through, if someone is arrested or deprived of their liberty. In Sittampalam`s case his relatives have the right to go through Sri Lankan justice system and ask for suitable relief from a Sri Lankan court. Instead, they chose to bash Sri Lankan justice system.

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