12 Indian detainees wait for trial in Malaysian prisons on LTTE related charges under the ambit of SOSMA with draconian restrictions of their rights to a fair and open trial. Terrorism is a matter of legal definition and that the LTTE was not designated as a terrorist organization in Malaysia until 2014. Until this time, most Tamils in Malaysia as in the wider diaspora would have seen the LTTE as a violent separatist movement born of the exhaustion of peaceful and democratic negotiations with the majority Sinhalese. Velupillai Prabhakaran was doubtless identified as a ruthless leader but admired for his incomparable courage, determination and military prowess.

This admiration is a very different matter from believing that he and his Tigers were right in their methods and even their goals. I for one have always been against a violent struggle for Elam. I have feared that the goal of a Tamil nation on the island of Lanka, while being historically justified, may just be a vanity project for the diasporic community. An edifice that can only be built out of the blood and tears of those left behind. Even if the men and women of the armed movement of liberation may have been cognisant and willing, it is the civilians would have been unwittingly and unknowingly been made to pay. Further, the middle classes were the best equipped to exit the situation as expatriates and refugees, while the working classes and the poor did not have that choice. Offering material support form the safety of the international diaspora would, in my view, have meant foisting blood and sorrow upon those who had no agency. Ultimately, I could not see Elam a sustainable geopolitical entity. Even with all of Prabhakaran’s prowess, he could only deliver Elam as a temporary domain, as a stage in a South Asian game of thrones in which the real players were bigger than the Tamils and the Sinhalese – India, the US and China!

Although I have never supported the LTTE , I do see them as having taken up a valid stance among the options available to the Tamils in their time. Towards the end of the Elam war in 2009, with Tigers and civilians trapped on the beach at Mullivaikkal, I stood with a small crowd of Tamils outside the CBC offices in Vancouver trying to impress upon that estemend news agency, that they were obliged to report on the plight of Tamil civilians caught between the ruthless Tigers who were using them as a shield and the merciless SLA who seemed about to attack with genocidal abandon. News of his situation was, it seemed, being systematically suppressed. Amongst those with whom I stood in solidarity that day, as a member of the Tamil diaspora, were flag waving supporters of the LTTE. It was at that moment impossible for me to extricate the furtherment of the cause of Tamils from that of the Tigers.

For all intents and purposes the LTTE ceased to exist with the Mullivaikkal massacre by the victorious SLA. It can not be denied that to Tamils across the world, even to those who find the their methods despicable and their project erroneous, the Tigers and their leader are champions of the Tamil race. They are the latest signifiers in an ancient stream of heroes and conquerors that flows through the heart of the Tamil identity. While they will not be forgotten as myth they are gone as an organization, and so, even though I make no assumption about the guilt or innocence of the 12 Malaysian Indians, I must note that in charging them with possessing printed literature and propagating the LTTE on social media, the onus is on the state to show that these men were furthering the organizational agenda of the LTTE rather than celebrating the myth . Further the state is obliged to prove that the organization still exists and/or that these men were involved in actually trying to revive an entity that is contiguous with the LTTE that was extinguished in 2009. … More in On Being a Malaysian Tamil 6