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Tamil Tigers: BA flashes before the Federal court

The Federal court has ruled that the Tamil Tigers are not a criminal organization and the acquittal of twelve persons confirmed in this point. Thus, the office of the attorney General (BA) has suffered a shipwreck.

The BA had been accused of in the indictment that 12 out of 13 people by raising money for the Liberation Tigers of Tamil Eelam (LTTE) in the years 1999 to 2009, contrary to article 260ter of the Swiss criminal code violated. This provides the support of a criminal Organisation is punishable.

The Federal criminal court acquitted the defendants in March 2018 in this point, which has been confirmed by the Federal court published on Tuesday, the verdict. The article had been designed to fight organised crime, mafia-like character.

Later, he had been applied to terrorist organizations such as al-Qaeda or the terrorist militia Islamic state (IS). The LTTE had not been regarded at the time of the offence than as a criminal organization that holds the Federal court.

Own management target Even if you have committed terrorist attacks, the overarching goal of the LTTE and the armed struggle to achieve a quasi-state administration and recognition of them as an independent ethnic community have been.

people-sourced, therefore, in the time of money for the LTTE in Switzerland, could not, according to the Federal court to assume, to violate the law. A conviction would violate the principle of Legality.

The Federal criminal court had sentenced five of the defendants on charges of commercial fraud, and two of them are in addition for forgery. The prison sentences ranged between 11 and 24 months.

Long procedure was costly,

The Federal court has the appeal of the BA in a point approved. The Federal criminal court will have to for one of the acquitted check whether he has made the forgery of documents guilty. Also the appeal of a Convicted approved the Lausanne judges. The Federal criminal court will have to in this case, re-check whether actual fraud is present.

the criminal case, the BA took about nine years and cost four million francs. Around 55'000 Swiss francs for the costs of the proceedings must apply to the Convicted person. To cost the procedure, which the Federal government must take, in addition to the compensation for the acquitted, and the attorney fees, which amounted to 5 million francs. The latter must be paid by the Convicted person back, if they are economically able to do so.

Created: 03.12.2019, 12:00 PM

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