ECLI:NL:RBSGR:2011:BU7200

Rechtbank 's-Gravenhage · 21-10-2011 · zaaknummer 09/748801-09 (English translation)

Inhoudsindicatie

The court acquits the (main) defendant of participating in an organisation the object of which is committing terrorist offences. Besides, the court declares partially invalid the writ of summons as far as count 1.Bis concerned, which leads to partial acquittal of the defendant on those charges. The court considers legally and conclusively proved that the defendant committed charges 2, 3 and 4 and that the facts found consist of the following: with regard to count 2: Participation in a criminal organisation the object of which is to commit offences; with regard to count 3: Participation in the continued activities of an organisationproscribed by law; with regard to count 4: Complicity in repeatedly offending against the provision laid down in article 2 of the Sanctions Act 1977, committed intentionally. Custodial sentence for a term of six years. The defendant held a high position within the criminal and proscribed LTTE organisation. The LTTE used the Tamil diaspora for fundraising purposes, which funds this organisation then used to achieve its aims in Sri Lanka. The defendant was appointed as the person responsible for international finance, and kept a financial administration on behalf of the LTTE for many years with regard to a great number of countries, including the Netherlands. To this end, the defendant kept in touch with the LTTE in Sri Lanka, and also had contacts in those other countries. Even after the LTTE had been included in the European sanctions list, of which the defendant was aware, he continued his activities. With his activities the defendant participated in the criminal LTTE organisationin the Netherlands. The organisation in the Netherlands was predominantly involved in fundraising activities in support of the LTTE in Sri Lanka. To this end the organisation also had the object to compel the Tamils in the Netherlands to donate money. The defendant was aware that the LTTE had been included in the European terrorism list and that their activities were proscribed. This has not prevented the defendant from continuing in his function within the LTTE. Thus the defendant very knowingly ignored both European regulations and national legislation.Considering the seriousness of the offences proved, the pivotal role of the defendant within the organisation of the LTTE and the way in which the defendant considers his punishable conduct justifiable, a custodial sentence of considerable duration is required, amongst other things in order to prevent the defendant to offend against the law again in the future on the basis of his ideological motivation.

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