The ruling was given following an appeal filed by the Transnational Government of Tamil Eelam’s (TGTE) against the proscription of the LTTE.
In December 2018, the TGTE wrote to the then Home Secretary Sajid Javid MP asking him to deproscribe the LTTE on the basis that it was not involved in terrorism and that it’s continuing proscription was impeding the freedom of speech and assembly of Tamil people (including the TGTE). In March 2019, the Home Secretary rejected the application.
The TGTE filed an appeal against the decision at the Proscribed Organizations Appeal Commission on December 13, 2018. The Commission heard arguments based on open evidence on July 30th, 2020. The Commission heard arguments based on secret evidence on July 31st, 2020.
In the open proceedings the TGTE was represented by Maya Lester QC and Malcolm Birdling of Brick Court Chambers and Jamie Potter and Caroline Robinson of Bindmans LLP. During the secret proceedings, TGTE’s interests were represented by “Special Advocates” Angus McCulloch Q.C and Rachel Tony.
The UK Government was represented by Sir James Eadie QC, Ben Watson and Emily Wilsdon. The appeal was heard by Mrs. Justice Laing and two lay panel members, Richard Whittam Q.C and Philip Nelson Q.C.