Media Release: Sri Lanka
September 8, 2008
Release Tissa: IFJ Launches Video Campaign to Free Sri Lankan Journalist
The International Federation of Journalists (IFJ) and its local affiliates in Sri Lanka today launched an online campaign video condemning the arrest and indictment of senior Tamil journalist J.S. Tissainyagam, whose passed his sixth month in jail on September 7.
All individuals and organisations are invited to join the campaign to Stop the War on Journalists in Sri Lanka and watch the “Release Tissa” video at http://asiapacific.ifj.org/articles/free-tissainayagam to help generate international support to end the attacks on free media in Sri Lanka.
Tissainayagam was arrested on March 7, 2008, while working as the editor of the online magazine www.outreachsl.com.
After being held for five months without charge, Tissainayagam has been formally indicted by the High Court of Sri Lanka under emergency and anti-terrorism laws, according to the Free Media Movement (FMM), an IFJ affiliate.
The indictment reportedly refers to the printing, publishing and distribution of the North Eastern Monthly between June 1, 2006, and June 1, 2007; alleged offences to do with bringing the Government into disrepute; and the violation of 2006 Emergency Regulations with regard to allegations of aiding and abetting terrorist organisations through raising money for the magazine.
“The indictment against Tissainyagam in a country where journalism and journalists already face extreme threats marks a dangerous turning point for freedom of expression and the right to information in Sri Lanka,” IFJ Asia-Pacific said.
“The IFJ joins the international press freedom community in supporting our Sri Lankan colleagues who continue tirelessly to fight for the safety and protection of their colleagues and friends, including Tissainyagam.”
For further information contact IFJ Asia-Pacific on +612 9333 0919
The IFJ represents over 600,000 in 122 countries worldwide
Monday, September 8, 2008
Friday, August 15, 2008
Reporters Without Borders/Reporters sans frontières
14 August 2008 SRI LANKA
Call for release of website editor accused of terrorism
Reporters Without Borders calls on the Sri Lankan government to release J. S. Tissainayagam, a Tamil journalist who has been held since March. A government minister has just said he is charged with terrorism on the basis of articles written in 2006 and his activities as the editor of a website."This respected journalist's illegal and unjust detention is being accompanied by grotesque charges that are a serious violation of the freedom of expression guaranteed in the Sri Lankan constitution," Reporters Without Borders said."How can the expression of a personal view, which is based on facts known to everyone and which does not call for violence, be an act of terrorism," the press freedom organisation said. "We urge the international community, including the European Union, to press for Tissainayagam's release."In a 12 August letter to Human Rights Watch, disaster management and human rights secretary Rajiva Wijesinha said that, after a long police investigation, Tissainayagam was now facing terrorism charges. But the only evidence he offered was a 2006 article in a magazine edited by Tissainayagam in which he spoke of an army offensive in a Tamil region that was being accompanied by a dramatic humanitarian crisis for the civilian population.The letter can be read on the Peace in Sri Lanka website (http://www.peaceinsrilanka.org/).A contributor to the Sunday Times newspaper, Tissainayagam was arrested in Colombo on 7 March, just a few weeks after creating a news website called Outreachlk with funding from FLICT, an NGO supported by the German development agency GTZ. The authorities extended his detention for another three months on 6 June in order to continue their investigation.The police have apparently tried to establish that articles he wrote in 2006 supported Tamil Tiger terrorism. His case was referred to the attorney-general's office on 4 July. He is being held by the anti-terrorism police in Colombo, where his lawyer has never been allowed to talk to him in private.--Vincent BrosselAsia - Pacific DeskReporters Sans Frontières47 rue Vivienne75002 Paris33 1 44 83 84 7033 1 45 23 11 51 (fax)asia@rsf.orghttp://www.rsf.org/__._,_.___Messages in this top
14 August 2008 SRI LANKA
Call for release of website editor accused of terrorism
Reporters Without Borders calls on the Sri Lankan government to release J. S. Tissainayagam, a Tamil journalist who has been held since March. A government minister has just said he is charged with terrorism on the basis of articles written in 2006 and his activities as the editor of a website."This respected journalist's illegal and unjust detention is being accompanied by grotesque charges that are a serious violation of the freedom of expression guaranteed in the Sri Lankan constitution," Reporters Without Borders said."How can the expression of a personal view, which is based on facts known to everyone and which does not call for violence, be an act of terrorism," the press freedom organisation said. "We urge the international community, including the European Union, to press for Tissainayagam's release."In a 12 August letter to Human Rights Watch, disaster management and human rights secretary Rajiva Wijesinha said that, after a long police investigation, Tissainayagam was now facing terrorism charges. But the only evidence he offered was a 2006 article in a magazine edited by Tissainayagam in which he spoke of an army offensive in a Tamil region that was being accompanied by a dramatic humanitarian crisis for the civilian population.The letter can be read on the Peace in Sri Lanka website (http://www.peaceinsrilanka.org/).A contributor to the Sunday Times newspaper, Tissainayagam was arrested in Colombo on 7 March, just a few weeks after creating a news website called Outreachlk with funding from FLICT, an NGO supported by the German development agency GTZ. The authorities extended his detention for another three months on 6 June in order to continue their investigation.The police have apparently tried to establish that articles he wrote in 2006 supported Tamil Tiger terrorism. His case was referred to the attorney-general's office on 4 July. He is being held by the anti-terrorism police in Colombo, where his lawyer has never been allowed to talk to him in private.--Vincent BrosselAsia - Pacific DeskReporters Sans Frontières47 rue Vivienne75002 Paris33 1 44 83 84 7033 1 45 23 11 51 (fax)asia@rsf.orghttp://www.rsf.org/__._,_.___Messages in this top
Reporters Without Borders/Reporters sans frontières
14 August 2008 SRI LANKA
Call for release of website editor accused of terrorism
Reporters Without Borders calls on the Sri Lankan government to release J. S. Tissainayagam, a Tamil journalist who has been held since March. A government minister has just said he is charged with terrorism on the basis of articles written in 2006 and his activities as the editor of a website."This respected journalist's illegal and unjust detention is being accompanied by grotesque charges that are a serious violation of the freedom of expression guaranteed in the Sri Lankan constitution," Reporters Without Borders said."How can the expression of a personal view, which is based on facts known to everyone and which does not call for violence, be an act of terrorism," the press freedom organisation said. "We urge the international community, including the European Union, to press for Tissainayagam's release."In a 12 August letter to Human Rights Watch, disaster management and human rights secretary Rajiva Wijesinha said that, after a long police investigation, Tissainayagam was now facing terrorism charges. But the only evidence he offered was a 2006 article in a magazine edited by Tissainayagam in which he spoke of an army offensive in a Tamil region that was being accompanied by a dramatic humanitarian crisis for the civilian population.The letter can be read on the Peace in Sri Lanka website (http://www.peaceinsrilanka.org/).A contributor to the Sunday Times newspaper, Tissainayagam was arrested in Colombo on 7 March, just a few weeks after creating a news website called Outreachlk with funding from FLICT, an NGO supported by the German development agency GTZ. The authorities extended his detention for another three months on 6 June in order to continue their investigation.The police have apparently tried to establish that articles he wrote in 2006 supported Tamil Tiger terrorism. His case was referred to the attorney-general's office on 4 July. He is being held by the anti-terrorism police in Colombo, where his lawyer has never been allowed to talk to him in private.--Vincent BrosselAsia - Pacific DeskReporters Sans Frontières47 rue Vivienne75002 Paris33 1 44 83 84 7033 1 45 23 11 51 (fax)asia@rsf.orghttp://www.rsf.org/__._,_.___Messages in this top
14 August 2008 SRI LANKA
Call for release of website editor accused of terrorism
Reporters Without Borders calls on the Sri Lankan government to release J. S. Tissainayagam, a Tamil journalist who has been held since March. A government minister has just said he is charged with terrorism on the basis of articles written in 2006 and his activities as the editor of a website."This respected journalist's illegal and unjust detention is being accompanied by grotesque charges that are a serious violation of the freedom of expression guaranteed in the Sri Lankan constitution," Reporters Without Borders said."How can the expression of a personal view, which is based on facts known to everyone and which does not call for violence, be an act of terrorism," the press freedom organisation said. "We urge the international community, including the European Union, to press for Tissainayagam's release."In a 12 August letter to Human Rights Watch, disaster management and human rights secretary Rajiva Wijesinha said that, after a long police investigation, Tissainayagam was now facing terrorism charges. But the only evidence he offered was a 2006 article in a magazine edited by Tissainayagam in which he spoke of an army offensive in a Tamil region that was being accompanied by a dramatic humanitarian crisis for the civilian population.The letter can be read on the Peace in Sri Lanka website (http://www.peaceinsrilanka.org/).A contributor to the Sunday Times newspaper, Tissainayagam was arrested in Colombo on 7 March, just a few weeks after creating a news website called Outreachlk with funding from FLICT, an NGO supported by the German development agency GTZ. The authorities extended his detention for another three months on 6 June in order to continue their investigation.The police have apparently tried to establish that articles he wrote in 2006 supported Tamil Tiger terrorism. His case was referred to the attorney-general's office on 4 July. He is being held by the anti-terrorism police in Colombo, where his lawyer has never been allowed to talk to him in private.--Vincent BrosselAsia - Pacific DeskReporters Sans Frontières47 rue Vivienne75002 Paris33 1 44 83 84 7033 1 45 23 11 51 (fax)asia@rsf.orghttp://www.rsf.org/__._,_.___Messages in this top
Release of Mr. J.S Tissainayagam, Mr. N. Jasiharan and Mrs. Valarmathy immediately
More than 150 days of detention without charges:
Release of Mr. J.S Tissainayagam, Mr. N. Jasiharan and Mrs. Valarmathy immediately
Senior journalist, Sunday Times columnist and editor of the website www.outreachsl.com, Mr. J. S. Tissainayagam remains in custody without specific charges being brought against him for more than 150 days, even though the Attorney General’s department has informed the Supreme Court on July 11th 2008 that investigations are over. The Attorney General’s Department obtained time till the 20th of August 2008 to report back to courts on the status of the investigations and the next course of action. To this date there has been no evidence being produced in court justifying either the arrests or the detentions.
Mr. Tissainayagam was arrested and detained on 7th March 2008 by the Terrorist Investigation Division (TID) of the Sri Lanka Police. Mr. N. Jasiharan, owner of E-Kwality press on which premises Mr. Tissanayagam was renting office space, and his wife, Mrs. Valarmathi were detained on 6th March 2008. They have all since then been kept in continued detention under Emergency Regulations.
This is a flagrant violation of a fundamental tenet of Sri Lankan law that protects citizens from arbitrary arrest and detention, and guarantees equality before the law for all citizens, regardless of his or her ethnicity or race.
The arrest and detention of Mr. Tissainayagam, Mr. Jesiharan and Ms. Valarmathy has been without adherence to basic safeguards such as the production of valid detention orders at the appropriate time and without their production in court as required to in terms of the Emergency Regulations themselves. They have been denied the right of regular access to lawyers and family members. On the two occasions that lawyers have been able to meet Mr. Tissainayagam, it has been with a Police officer present, thus denying the privacy and confidentiality in seeking legal counsel to which he is entitled by law. As recently as in 2005, the UN Committee against Torture in its Concluding Observations on Sri Lanka reaffirmed that confidential access to legal counsel was basic to the provision of safeguards against abuse. In addition, all three detainees have been denied timely access to medical attention, resulting in their deteriorating health condition. Furthermore, there are allegations of torture of at least one of the three detainees. On June 23rd Mr. Jesiharen revealed in open court that he had been assaulted by the officers of the TID for having told the Judicial Medical Officer the extent of his injuries, inflicted on him by the Police.
The arrest and detention of these persons reiterates a concern that we have consistently voiced regarding the process of arrest and detention under Emergency Regulations: that in many cases, the process as followed infringes on a basic principle consistently articulated by the Supreme Court in the past, namely that the Secretary to the Ministry of Defense is authorized to arrest and detain a person upon material submitted to him or upon such further additional material as may be called for by him, only where he is satisfied that such a step is necessary in order to prevent such person from acting in any manner prejudicial to national security or to the maintenance of public order.
As the Court has stated, the notion of reasonableness cannot be negated to the point where the essence of the safeguard secured by Article 13 (1) of the Constitution is abrogated. It is our view that the circumstances and context of Mr Tissainayagam’s arrest and detention, as well as the detention of his colleagues, lacks all the requisite aspects of reasonable arrest and detention.
The onus is on the Attorney General of Sri Lanka to demonstrate that there is respect and adherence to the Constitution and national laws by presenting whether there is credible and substantial evidence to further detain the three. It is also an opportune moment for the Attorney General to demonstrate that the arrests and detentions are not motivated by other interests including ethnic or political. The onus is upon the Attorney General to demonstrate that the arrests and detentions are in accordance with the law and that due process has been followed. As the head of the Attorney General’s Department, the Attorney General has the power to decide whether to pursue a case if there is sufficient credible evidence or whether to suspend investigations. He should only be dictated by the evidence and not by other factors or persons.
We are also concerned in particular about the arrest and detention of Mr. Tissainayagam because of the impact that this has on broader issues of the freedom of expression and media freedom in the country. As civil society organizations committed to the democratic principles of human rights and freedoms including freedom of expression, we feel that Mr. Tissainayagam’s arrest has reaffirmed the fear prevailing within the media community in Sri Lanka today, that publication of any opinion that provides critical analysis of the situation in the country could lead to persecution, arbitrary arrest, disappearance and even assassination. The sad fact that nine media persons have been killed in Sri Lanka over the past 2 years and that many more have been subjected to physical and mental harassment and assault bears out our concerns regarding Mr. Tissainayagam. Investigations into these crimes against journalists have gone nowhere. The perpetrators of these violations go unpunished, and the cycle of terror and impunity which grips contemporary Sri Lanka is strengthened.
It is in this context that we call upon the State to remedy this grave injustice to a journalist who was engaged in expressing his opinions on the state of human rights in the country within the boundaries of the law. The continued detention of Mr. Tissainayagam, Mr. N. Jasiharan and Ms. Valarmathy, without charges is an affront to justice and we call for due process and the release of all the detainees without further delay.
Asian Human Rights Commission
Association of Family Members of the Disappeared
Centre for People’s Dialogue
Centre for Policy Alternatives
Christian Alliance for Social Action
Civil and Political Rights Program, Law & Society Trust
EQUAL GROUND, Sri Lanka
Free Media Movement
Federation of Media Employees Trade Union
Home for Human Rights
Human Rights Centre, Kandy
Human Rights in Conflict Program, Law & Society Trust
IMADR Asia Committee
INFORM Human Rights Documentation Centre
Mothers and Daughters of Lanka
Muslim Women's Research and Action Forum
National Peace Council
Right to Life Human Rights Centre
Rights Now Collective for Democracy
20. Sri Lanka Muslim Media Forum
21. Sri Lanka Tamil Journalists Alliance
22. Sri Lanka Working Journalists Association
Women and Media Collective
Women's Support Group, Sri Lanka
The Ven G S K Francis, Archdeacon of Kurunagala and Commissary for the Anglican Bishop of Kurunagala
The Ven Dhiloraj Canagasabey, Archdeacon of Nuwara Eliya and Commissary for the Anglican Bishop of Colombo
Rev. Fr S. Maria Anthony, sj, President, Conference of Major Religious Superiors
Rev. Fr. Praveen, OMI, Centre for Peace and Reconciliation
Dr. Hasbullah, University of Peradeniya
Dr. Jehan Perera
Mr. Herman Kumara
Mr. Lal Wijenayake
Mr. Dharmasiri Bandaranayake
Release of Mr. J.S Tissainayagam, Mr. N. Jasiharan and Mrs. Valarmathy immediately
Senior journalist, Sunday Times columnist and editor of the website www.outreachsl.com, Mr. J. S. Tissainayagam remains in custody without specific charges being brought against him for more than 150 days, even though the Attorney General’s department has informed the Supreme Court on July 11th 2008 that investigations are over. The Attorney General’s Department obtained time till the 20th of August 2008 to report back to courts on the status of the investigations and the next course of action. To this date there has been no evidence being produced in court justifying either the arrests or the detentions.
Mr. Tissainayagam was arrested and detained on 7th March 2008 by the Terrorist Investigation Division (TID) of the Sri Lanka Police. Mr. N. Jasiharan, owner of E-Kwality press on which premises Mr. Tissanayagam was renting office space, and his wife, Mrs. Valarmathi were detained on 6th March 2008. They have all since then been kept in continued detention under Emergency Regulations.
This is a flagrant violation of a fundamental tenet of Sri Lankan law that protects citizens from arbitrary arrest and detention, and guarantees equality before the law for all citizens, regardless of his or her ethnicity or race.
The arrest and detention of Mr. Tissainayagam, Mr. Jesiharan and Ms. Valarmathy has been without adherence to basic safeguards such as the production of valid detention orders at the appropriate time and without their production in court as required to in terms of the Emergency Regulations themselves. They have been denied the right of regular access to lawyers and family members. On the two occasions that lawyers have been able to meet Mr. Tissainayagam, it has been with a Police officer present, thus denying the privacy and confidentiality in seeking legal counsel to which he is entitled by law. As recently as in 2005, the UN Committee against Torture in its Concluding Observations on Sri Lanka reaffirmed that confidential access to legal counsel was basic to the provision of safeguards against abuse. In addition, all three detainees have been denied timely access to medical attention, resulting in their deteriorating health condition. Furthermore, there are allegations of torture of at least one of the three detainees. On June 23rd Mr. Jesiharen revealed in open court that he had been assaulted by the officers of the TID for having told the Judicial Medical Officer the extent of his injuries, inflicted on him by the Police.
The arrest and detention of these persons reiterates a concern that we have consistently voiced regarding the process of arrest and detention under Emergency Regulations: that in many cases, the process as followed infringes on a basic principle consistently articulated by the Supreme Court in the past, namely that the Secretary to the Ministry of Defense is authorized to arrest and detain a person upon material submitted to him or upon such further additional material as may be called for by him, only where he is satisfied that such a step is necessary in order to prevent such person from acting in any manner prejudicial to national security or to the maintenance of public order.
As the Court has stated, the notion of reasonableness cannot be negated to the point where the essence of the safeguard secured by Article 13 (1) of the Constitution is abrogated. It is our view that the circumstances and context of Mr Tissainayagam’s arrest and detention, as well as the detention of his colleagues, lacks all the requisite aspects of reasonable arrest and detention.
The onus is on the Attorney General of Sri Lanka to demonstrate that there is respect and adherence to the Constitution and national laws by presenting whether there is credible and substantial evidence to further detain the three. It is also an opportune moment for the Attorney General to demonstrate that the arrests and detentions are not motivated by other interests including ethnic or political. The onus is upon the Attorney General to demonstrate that the arrests and detentions are in accordance with the law and that due process has been followed. As the head of the Attorney General’s Department, the Attorney General has the power to decide whether to pursue a case if there is sufficient credible evidence or whether to suspend investigations. He should only be dictated by the evidence and not by other factors or persons.
We are also concerned in particular about the arrest and detention of Mr. Tissainayagam because of the impact that this has on broader issues of the freedom of expression and media freedom in the country. As civil society organizations committed to the democratic principles of human rights and freedoms including freedom of expression, we feel that Mr. Tissainayagam’s arrest has reaffirmed the fear prevailing within the media community in Sri Lanka today, that publication of any opinion that provides critical analysis of the situation in the country could lead to persecution, arbitrary arrest, disappearance and even assassination. The sad fact that nine media persons have been killed in Sri Lanka over the past 2 years and that many more have been subjected to physical and mental harassment and assault bears out our concerns regarding Mr. Tissainayagam. Investigations into these crimes against journalists have gone nowhere. The perpetrators of these violations go unpunished, and the cycle of terror and impunity which grips contemporary Sri Lanka is strengthened.
It is in this context that we call upon the State to remedy this grave injustice to a journalist who was engaged in expressing his opinions on the state of human rights in the country within the boundaries of the law. The continued detention of Mr. Tissainayagam, Mr. N. Jasiharan and Ms. Valarmathy, without charges is an affront to justice and we call for due process and the release of all the detainees without further delay.
Asian Human Rights Commission
Association of Family Members of the Disappeared
Centre for People’s Dialogue
Centre for Policy Alternatives
Christian Alliance for Social Action
Civil and Political Rights Program, Law & Society Trust
EQUAL GROUND, Sri Lanka
Free Media Movement
Federation of Media Employees Trade Union
Home for Human Rights
Human Rights Centre, Kandy
Human Rights in Conflict Program, Law & Society Trust
IMADR Asia Committee
INFORM Human Rights Documentation Centre
Mothers and Daughters of Lanka
Muslim Women's Research and Action Forum
National Peace Council
Right to Life Human Rights Centre
Rights Now Collective for Democracy
20. Sri Lanka Muslim Media Forum
21. Sri Lanka Tamil Journalists Alliance
22. Sri Lanka Working Journalists Association
Women and Media Collective
Women's Support Group, Sri Lanka
The Ven G S K Francis, Archdeacon of Kurunagala and Commissary for the Anglican Bishop of Kurunagala
The Ven Dhiloraj Canagasabey, Archdeacon of Nuwara Eliya and Commissary for the Anglican Bishop of Colombo
Rev. Fr S. Maria Anthony, sj, President, Conference of Major Religious Superiors
Rev. Fr. Praveen, OMI, Centre for Peace and Reconciliation
Dr. Hasbullah, University of Peradeniya
Dr. Jehan Perera
Mr. Herman Kumara
Mr. Lal Wijenayake
Mr. Dharmasiri Bandaranayake
For Immediate Release
Sri Lanka: Free Journalist and Other Critics
Government Misusing Emergency Regulations
(New York, August 8, 2008) – The Sri Lankan government should release a prominent journalist and two others connected to a website critical of the government, Human Rights Watch said today. The three have been held without charge since March under emergency regulations.
On March 7, 2008, the police Terrorist Investigation Division (TID) arrested J.S. Tissainayagam, a columnist with the Sunday Times newspaper and editor of the Outreach website. The previous day the TID had arrested N. Jasiharan, the owner of E-Kwality press, and his wife V. Valamathy. Tissainayagam and Jasiharan are co-directors of the company Outreach Multimedia; Valamathy has no official role with the company. In a court appearance on June 23, Jasiharan stated that TID officers had assaulted him.
“The three have spent more than 150 days in custody, yet no charges have been filed and no evidence of any crime has been produced,” said Brad Adams, Asia director at Human Rights Watch. “If the authorities have no credible basis to charge Tissainayagam and the two others, they should be immediately released.”
The government has yet to provide reasons why the three were detained. Tissainayagam has been critical of the government on many issues. At the time of his arrest, government sources suggested that he may have connections to the armed separatist Liberation Tigers of Tamil Eelam (LTTE), but have produced no evidence of this. Reports have suggested that Jasiharan and Valarmathy were detained due to their connections to Tissainayagam. Journalists and others who are vocal critics of the government are often accused of having links with the LTTE and branded as traitors and terrorists.
Human Rights Watch expressed deep concern at the government’s disregard for Sri Lankan and international law in these cases. Detention orders for the three were not issued at the time of arrest as required by the emergency regulations. On March 27, the attorney general’s department stated before the Supreme Court that a detention order had been issued for Tissainayagam, but said that the order was not in their possession to be given to the courts or the detainee. Later the same day, a detention order was issued to Tissainayagam, backdated to March 7.
None of the three detainees has had adequate access to counsel. Tissainayagam has been allowed visits by his lawyers only twice. On both occasions, police officers were present during the discussions, violating his right to communicate and consult with a lawyer in full confidentiality. The three have filed a fundamental rights petition in the Supreme Court challenging the legality of their continued detention.
On July 11, the attorney general’s department informed the Supreme Court that investigations into Tissainayagam’s case had been completed. But the attorney general’s department obtained an extension until August 20 to report back to the court on the status of the investigations. Human Rights Watch said that the slow pace of the investigation reflected broader concerns about the department’s independence and impartiality that raised troubling due process issues.
“The attorney general should release the three, instead of continuing to violate their rights under domestic and international law,” said Adams. “By detaining a prominent government critic without charge, he is seriously risking the credibility of his office.”
Human Rights Watch reiterated its concerns about sweeping emergency regulations introduced in August 2006 after the assassination of Foreign Minister Lakshman Kadirgama. The present regulations give the security forces expansive powers of search, arrest, detention, and seizure of property, including the authority to make warrantless arrests and to hold individuals in unacknowledged detention for up to 12 months. Most of those detained under the emergency regulations are young Tamil men deemed by the security forces to have LTTE ties. Increasingly, however, the regulations are being used against Muslims and Sinhalese who challenge or criticize the state.
For more of Human Rights Watch’s work on Sri Lanka, please visit:
http://www.hrw.org/doc?t=asia&c=slanka
For more information, please contact:
In London, Brad Adams (English): +44-20-7713-2767; or +44-790-872-8333 (mobile)
In New York, James Ross (English): +1-212-216-1251; or +1-646-898-5487 (mobile)
In New York, Elaine Pearson (English): +1-212-216-1213; or +1-646-291-7169 (mobile)
In Mumbai, Meenakshi Ganguly (English, Bengali, Hindi): +91-98-200-36032 (mobile)
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Sri Lanka: Free Journalist and Other Critics
Government Misusing Emergency Regulations
(New York, August 8, 2008) – The Sri Lankan government should release a prominent journalist and two others connected to a website critical of the government, Human Rights Watch said today. The three have been held without charge since March under emergency regulations.
On March 7, 2008, the police Terrorist Investigation Division (TID) arrested J.S. Tissainayagam, a columnist with the Sunday Times newspaper and editor of the Outreach website. The previous day the TID had arrested N. Jasiharan, the owner of E-Kwality press, and his wife V. Valamathy. Tissainayagam and Jasiharan are co-directors of the company Outreach Multimedia; Valamathy has no official role with the company. In a court appearance on June 23, Jasiharan stated that TID officers had assaulted him.
“The three have spent more than 150 days in custody, yet no charges have been filed and no evidence of any crime has been produced,” said Brad Adams, Asia director at Human Rights Watch. “If the authorities have no credible basis to charge Tissainayagam and the two others, they should be immediately released.”
The government has yet to provide reasons why the three were detained. Tissainayagam has been critical of the government on many issues. At the time of his arrest, government sources suggested that he may have connections to the armed separatist Liberation Tigers of Tamil Eelam (LTTE), but have produced no evidence of this. Reports have suggested that Jasiharan and Valarmathy were detained due to their connections to Tissainayagam. Journalists and others who are vocal critics of the government are often accused of having links with the LTTE and branded as traitors and terrorists.
Human Rights Watch expressed deep concern at the government’s disregard for Sri Lankan and international law in these cases. Detention orders for the three were not issued at the time of arrest as required by the emergency regulations. On March 27, the attorney general’s department stated before the Supreme Court that a detention order had been issued for Tissainayagam, but said that the order was not in their possession to be given to the courts or the detainee. Later the same day, a detention order was issued to Tissainayagam, backdated to March 7.
None of the three detainees has had adequate access to counsel. Tissainayagam has been allowed visits by his lawyers only twice. On both occasions, police officers were present during the discussions, violating his right to communicate and consult with a lawyer in full confidentiality. The three have filed a fundamental rights petition in the Supreme Court challenging the legality of their continued detention.
On July 11, the attorney general’s department informed the Supreme Court that investigations into Tissainayagam’s case had been completed. But the attorney general’s department obtained an extension until August 20 to report back to the court on the status of the investigations. Human Rights Watch said that the slow pace of the investigation reflected broader concerns about the department’s independence and impartiality that raised troubling due process issues.
“The attorney general should release the three, instead of continuing to violate their rights under domestic and international law,” said Adams. “By detaining a prominent government critic without charge, he is seriously risking the credibility of his office.”
Human Rights Watch reiterated its concerns about sweeping emergency regulations introduced in August 2006 after the assassination of Foreign Minister Lakshman Kadirgama. The present regulations give the security forces expansive powers of search, arrest, detention, and seizure of property, including the authority to make warrantless arrests and to hold individuals in unacknowledged detention for up to 12 months. Most of those detained under the emergency regulations are young Tamil men deemed by the security forces to have LTTE ties. Increasingly, however, the regulations are being used against Muslims and Sinhalese who challenge or criticize the state.
For more of Human Rights Watch’s work on Sri Lanka, please visit:
http://www.hrw.org/doc?t=asia&c=slanka
For more information, please contact:
In London, Brad Adams (English): +44-20-7713-2767; or +44-790-872-8333 (mobile)
In New York, James Ross (English): +1-212-216-1251; or +1-646-898-5487 (mobile)
In New York, Elaine Pearson (English): +1-212-216-1213; or +1-646-291-7169 (mobile)
In Mumbai, Meenakshi Ganguly (English, Bengali, Hindi): +91-98-200-36032 (mobile)
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Tuesday, August 5, 2008
Tuesday, July 22, 2008
Reporters Without Borders/Reporters sans frontières
Press release 12 June 2008
SRI LANKA
Officials pressured local press to tone down criticism during EU delegation visit
Reporters Without Borders condemns the pressure that the government reportedly put on the owners and editors of several independent dailies, including The Nation and The Daily Mirror, to dissuade them from publishing critical or embarrassing articles during a visit by a European Commission trade delegation from 9 to 11 June."The government is mistaken if it thinks in can improve relations with the EU by using threats to silence the independent press," the press freedom organisation said. "Journalists' organisations are vigilant and will continue to condemn a policy of harassment that makes it harder and harder for them to cover the human rights situation."Reporters Without Borders added: "The European delegation did raise the issue of human rights during its visit, but we urge the European Commission to firmly condemn this latest case of harassment of the media, which was directly linked to the delegation's visit."Speaking on condition of anonymity, journalists working for several newspapers told Reporters Without Borders that, during the week prior to the EU visit, their managers and editors ordered them to limit the number of stories that would be embarrassing for the government. The officials who pressured their management had threatened reprisals, including economic reprisals, they said.This harassment coincided with defence ministry accusations of "treason" against journalists who cover military affairs, and the abduction and beating of one of The Nation's defence reporters in Colombo.Reporters Without Borders also calls for the immediate release of Tamil journalist J. S. Tissanayagam, the editor of the news website OutreachLK.com and a contributor to the Sunday Times newspaper, after the defence ministry extended his detention for another three months on 6 June and the anti-terrorist police refused to bring him before a judge. Tissanayagam was arrested on 7 March in Colombo, just a few weeks after creating OutreakLK.com with funding from FLICT, an NGO supported by the German development agency GTZ. Contacted by Reporters Without Borders, his wife appealed to the authorities not to hold him any longer without trial. "We are just asking for his rights as a citizen to be respected," she said.V. Jasikaran, a Tamil writer and owner of a printing press, is also being held by the anti-terrorist police in the same case.
Press release 12 June 2008
SRI LANKA
Officials pressured local press to tone down criticism during EU delegation visit
Reporters Without Borders condemns the pressure that the government reportedly put on the owners and editors of several independent dailies, including The Nation and The Daily Mirror, to dissuade them from publishing critical or embarrassing articles during a visit by a European Commission trade delegation from 9 to 11 June."The government is mistaken if it thinks in can improve relations with the EU by using threats to silence the independent press," the press freedom organisation said. "Journalists' organisations are vigilant and will continue to condemn a policy of harassment that makes it harder and harder for them to cover the human rights situation."Reporters Without Borders added: "The European delegation did raise the issue of human rights during its visit, but we urge the European Commission to firmly condemn this latest case of harassment of the media, which was directly linked to the delegation's visit."Speaking on condition of anonymity, journalists working for several newspapers told Reporters Without Borders that, during the week prior to the EU visit, their managers and editors ordered them to limit the number of stories that would be embarrassing for the government. The officials who pressured their management had threatened reprisals, including economic reprisals, they said.This harassment coincided with defence ministry accusations of "treason" against journalists who cover military affairs, and the abduction and beating of one of The Nation's defence reporters in Colombo.Reporters Without Borders also calls for the immediate release of Tamil journalist J. S. Tissanayagam, the editor of the news website OutreachLK.com and a contributor to the Sunday Times newspaper, after the defence ministry extended his detention for another three months on 6 June and the anti-terrorist police refused to bring him before a judge. Tissanayagam was arrested on 7 March in Colombo, just a few weeks after creating OutreakLK.com with funding from FLICT, an NGO supported by the German development agency GTZ. Contacted by Reporters Without Borders, his wife appealed to the authorities not to hold him any longer without trial. "We are just asking for his rights as a citizen to be respected," she said.V. Jasikaran, a Tamil writer and owner of a printing press, is also being held by the anti-terrorist police in the same case.
Wednesday, July 9, 2008
Media Release: Sri Lanka
June 24, 2008
IFJ Calls for Fair Judicial Process for Tissainayagam in Sri Lanka
The International Federation of Journalists (IFJ) calls on authorities in Sri Lanka to ensure fair and transparent judicial process is applied to senior Tamil journalist J.S. Tissainayagam, who continues to be detained by the Terrorist Investigation Division (TID) of the Sri Lanka Police.
A magistrate is due to issue a decision on June 30 in the case of the editor of the OutreachSl.com news website, who has been detained since March 7. A ruling will also be delivered on N. Jesiharan, owner of E-Kwality printers, and his partner Valarmathi, who have been held since March 6.
The expected rulings follow a court appearance by Tissainayagam and Jesiharan at Colombo’s Court No. 1 yesterday, according to the Free Media Movement (FMM), an IFJ affiliate.
Tissainayagam has been held without charge for 107 days. Under the Emergency Regulations Act, detainees must appear before a court upon completion of a 90-day detention order. However, the TID had previously failed to present him for scheduled court hearings due to purported administrative delays.
In court yesterday, Tissainayagam’s lawyer, Subandiran, argued that Sections 19 and 21 of the emergency regulation in force further required that detainees must be transferred to fiscal custody (that is, removed from TID special detention into general detention) upon completion of a 90-day detention order.
The court also heard allegations yesterday that Jesiharan had suffered torture in detention. Grave concerns are held for his welfare.
“The prolonged detention of Tissainayagam, without explanation, breaches the basic human right to justice,” IFJ Asia-Pacific said.
“Fair judicial process must be applied to Tissainayagam, and all cases, without exception.”
For further information contact IFJ Asia-Pacific on +612 9333 0919
The IFJ represents over 600,000 in 122 countries worldwide
-------------------------------------------------------------------------------
PUBLIC AI Index: ASA 37/019/2008
15 May 2008
Further Information on UA 88/08 (ASA 37/016/2008, 4 April 2008) - Arbitrary detention
SRI LANKA Jayaprakash Sittampalam Tissainayagam (m), journalist
Journalist Jayaprakash Sittampalam (J. S.) Tissainayagam was granted access to an eye specialist on 9 May. The specialist has said that his condition needs monitoring and he needs new glasses because the conditions of his eyes have changed. The specialist needs to see him again in a month to reassess his condition. J. S. Tissainayagam was also granted access to his lawyer on 14 May, for the first time since 21 March.
J. S. Tissainayagam however remains in Terrorist Investigation Division (TID) detention in Colombo, where he is being held without charge. He was supposed to be brought before a court on 12 May, in compliance with the Sri Lankan Emergency Regulations which require detainees to be brought in front of a court once a month. However this was postponed with no reason being given and the magistrate reportedly stated that he should be produced in court on 14 May. He was not brought to court on that day and the magistrate reportedly ordered that he appear in court on 23 May.
Amnesty International also understands that there is little ventilation in the cell where J. S. Tissainayagam is being detained due to the air conditioning breaking down, so detention conditions are extremely uncomfortable due to the heat.
BACKGROUND INFORMATION
Amnesty International is alarmed by a number of recent attacks and other violations of the human rights of media workers, which follow the pattern outlined in its recent report ‘Sri Lanka: Silencing Dissent’ (ASA 37/001/2008, 7 February 2008). Journalists and other media workers have been detained for long periods of time without charge on previous occasions. On 21 November 2006, Parameshwari Munusamy, a Tamil woman journalist with the Sinhalese newspaper Mawbima, was arrested by Special Task Force (STF) personnel and detained at TID headquarters under the Emergency Regulations on suspicion of having links with the LTTE. At the time of her arrest, she was not told details of the grounds and legal basis she was held under. Detained without charge for four months, she was released on 22 March 2007. Her family were also reportedly assaulted at their home on 14 March 2008, by intruders who forcibly entered their home, causing serious injuries to her father and sister. There have been a number of attacks and arbitrary arrests of media workers in the last few weeks including Gayan Lasantha Ranga, Udayen and Kithsiri Wijesinghe, all contributors to the website www.outreachsl.com. The three were reportedly released on 18 March after being held in TID detention without charge for a number of days.
RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or your own language or your own language:
- welcoming reports that J. S. Tissainayagam was granted access to an eye specialist on 9 May and access to his lawyer on 14 May;
- expressing concern that J. S. Tissainayagam is being detained without charge by the Terrorist Investigation Division (TID) in Colombo, apparently to prevent him from peacefully exercising his right to freedom of expression through his media work;
- calling on the authorities to ensure that J.S. Tissainayagam is not tortured or ill-treated, and that he is allowed unrestricted access to his family, a lawyer of his choice, an independent court and any specialist medical treatment he may require;
- urging the authorities to release J. S. Tissainayagam immediately and unconditionally, unless he is to be charged with a recognizably criminal offence and remanded by an independent court;
- calling on the authorities to ensure that there is sufficient ventilation in the cell where he is being detained.
APPEALS TO:
His Excellency the President Mahinda Rajapaksa
Presidential Secretariat
Colombo 1
Sri Lanka
Fax: + 94 11 2446657
Salutation: Your Excellency
Hon. Amarasiri Dodangoda
Minister of Justice
Ministry of Justice and Law Reforms
Superior Courts Complex,
Colombo 12
Sri Lanka
Fax: + 94 11 2445447
Salutation: Dear Minister
COPIES TO: diplomatic representatives of Sri Lanka accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 26 June 2008.
--------------------------------------------------------
PUBLIC AI Index: ASA 37/016/2008 4 April 2008 UA 88/08 Arbitrary detention/ medical concern SRI LANKA Jayaprakash Sittampalam Tissainaygam (m), journalist Journalist Jayaprakash Sittampalam (J. S.) Tissainaygam has been held in the Terrorist Investigation Division (TID) detention centre in Colombo since 7 March. The authorities have claimed that he is held on suspicion of involvement with the armed group, the Liberation Tigers of Tamil Eelam (LTTE), although he has not been charged with any offence, and Amnesty International believes that his detention is arbitrary. He is at risk of going blind if he does not receive specialist treatment for a serious eye condition. On 7 March, J. S. Tissainayagam was detained after making enquiries to the TID regarding the arrest of his colleague V. Jasikaren and Jasikaren's wife the previous day. When arrested J. S. Tissainayagam was not issued with a detention order as required under any Emergency Regulations in Sri Lanka. In addition procedural safeguards set out in the Sri Lankan Presidential Directives, such as the provision of a document giving details of the arrest to the detainee's relatives, were not fulfilled, J. S. Tissainayagam suffers from an eye condition that has required operations to re-attach his retinas. High levels of stress, or exposure to extreme levels of light, could cause a recurrence of the condition, which may result in blindness. It is not known whether he has received the required specialist medical treatment for his condition. J. S. Tissainayagam filed a petition against his arbitrary arrest and detention with the Supreme Court. The Court allowed his petition to proceed. He was only granted access to a lawyer after lodging this and has reportedly been able to meet the lawyer only once, on 21 March, in the presence of a TID chief investigating officer. A Supreme Court hearing on 27 March, in which J. S. Tissainayagam's lawyer and wife were present but not himself, reportedly confirmed that no detention order had been presented to him when he was arrested. Citing a previous ruling by the Chief Justice that detainees should not be held by the TID for more than a week the Court decided that the case should be reviewed by the Chief Justice. The Chief Justice heard the case on 31 March. The government then presented a detention order to the Chief Justice, claiming that J.S. Tissainayagam is acting on behalf of the LTTE, and, can be held for up to 90 days from 7 March. Amnesty International is concerned that J. S. Tissainayagam is being held under the Emergency (Prevention and Prohibition of Terrorism and Specified Terrorist Activities) Regulations No. 7 2006, which are incompatible with international human rights law and standards, and have been used to intimidate and harass political opponents, thus fostering a culture of impunity. The Emergency Regulations, issued by the President, introduce broad-based and vaguely defined "terrorism" offences which, among other things, have been used to silence critical media and generally violate freedom of expression in Sri Lanka, including through detention without charge or trial, which could under these Regulations last up to 18 months. Such detention is clearly arbitrary, in violation of Article 9(1) of the International Covenant on Civil and Political Rights, to which Sri Lanka is a state party. BACKGROUND INFORMATION Amnesty International is alarmed by a number of recent attacks and other violations of the human rights of media workers, which follow the pattern outlined in its recent report 'Sri Lanka: Silencing Dissent' (AI Index: ASA 37/001/2008). Journalists and other media workers have been detained for long periods of time without charge on previous occasions. On 21 November 2006 Parameshwari Munusamy, a Tamil woman journalist with the Sinhalese newspaper Mawbima, was arrested by Special Task Force (STF) personnel and detained at TID headquarters under the Emergency Regulations on suspicion of having links with the LTTE. At the time of her arrest, she was not told details of the grounds and legal basis she was held under. Detained without charge for four months, she was released on 22 March 2007. Her family were also reportedly assaulted at their home on 14 March 2008, by intruders who forcibly entered their home, causing serious injuries to her father and sister. There have been a number of attacks and arbitrary arrests of media workers in the last few weeks including Gayan Lasantha Ranga, Udayen and Kithsiri Wijesinghe, all contributors to the website www.outreachsl.com. The three were reportedly released on 18 March after being held in TID detention without charge for a number of days. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or your own language: - expressing concern that J. S. Tissainayagam is being arbitrarily detained by the Terrorist Investigation Division (TID) in Colombo, apparently to prevent him from peacefully exercising his right to freedom of expression through his journalistic work; - calling on the authorities to ensure that J.S. Tissainayagam is not tortured or ill-treated, and that he is allowed immediate and unrestricted access to his family, a lawyer of his choice, an independent court and any specialist medical treatment he may require; - calling on the authorities to release J. S. Tissainayagam immediately and unconditionally, unless he is to be charged with a recognizably criminal offence and remanded by an independent court. APPEALS TO: His Excellency the President Mahinda Rajapaksa Presidential Secretariat Colombo 1 Sri Lanka Fax: + 94 11 2446657 Salutation: Your Excellency Hon. Amarasiri Dodangoda Minister of Justice Ministry of Justice and Law Reforms Superior Courts Complex, Colombo 12 Sri Lanka Fax: + 94 11 2445447 Salutation: Dear Minister COPIES TO: diplomatic representatives of Sri Lanka accredited to your country. PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 16 May 2008.
Press release
Reporters Without Borders/Reporters sans frontières
Press release 12 June 2008
SRI LANKA
Officials pressured local press to tone down criticism during EU delegation visit
Reporters Without Borders condemns the pressure that the government reportedly put on the owners and editors of several independent dailies, including The Nation and The Daily Mirror, to dissuade them from publishing critical or embarrassing articles during a visit by a European Commission trade delegation from 9 to 11 June."The government is mistaken if it thinks in can improve relations with the EU by using threats to silence the independent press," the press freedom organisation said. "Journalists' organisations are vigilant and will continue to condemn a policy of harassment that makes it harder and harder for them to cover the human rights situation."Reporters Without Borders added: "The European delegation did raise the issue of human rights during its visit, but we urge the European Commission to firmly condemn this latest case of harassment of the media, which was directly linked to the delegation's visit."Speaking on condition of anonymity, journalists working for several newspapers told Reporters Without Borders that, during the week prior to the EU visit, their managers and editors ordered them to limit the number of stories that would be embarrassing for the government. The officials who pressured their management had threatened reprisals, including economic reprisals, they said.This harassment coincided with defence ministry accusations of "treason" against journalists who cover military affairs, and the abduction and beating of one of The Nation's defence reporters in Colombo.Reporters Without Borders also calls for the immediate release of Tamil journalist J. S. Tissanayagam, the editor of the news website OutreachLK.com and a contributor to the Sunday Times newspaper, after the defence ministry extended his detention for another three months on 6 June and the anti-terrorist police refused to bring him before a judge. Tissanayagam was arrested on 7 March in Colombo, just a few weeks after creating OutreakLK.com with funding from FLICT, an NGO supported by the German development agency GTZ.Contacted by Reporters Without Borders, his wife appealed to the authorities not to hold him any longer without trial. "We are just asking for his rights as a citizen to be respected," she said.V. Jasikaran, a Tamil writer and owner of a printing press, is also being held by the anti-terrorist police in the same case.
June 24, 2008
IFJ Calls for Fair Judicial Process for Tissainayagam in Sri Lanka
The International Federation of Journalists (IFJ) calls on authorities in Sri Lanka to ensure fair and transparent judicial process is applied to senior Tamil journalist J.S. Tissainayagam, who continues to be detained by the Terrorist Investigation Division (TID) of the Sri Lanka Police.
A magistrate is due to issue a decision on June 30 in the case of the editor of the OutreachSl.com news website, who has been detained since March 7. A ruling will also be delivered on N. Jesiharan, owner of E-Kwality printers, and his partner Valarmathi, who have been held since March 6.
The expected rulings follow a court appearance by Tissainayagam and Jesiharan at Colombo’s Court No. 1 yesterday, according to the Free Media Movement (FMM), an IFJ affiliate.
Tissainayagam has been held without charge for 107 days. Under the Emergency Regulations Act, detainees must appear before a court upon completion of a 90-day detention order. However, the TID had previously failed to present him for scheduled court hearings due to purported administrative delays.
In court yesterday, Tissainayagam’s lawyer, Subandiran, argued that Sections 19 and 21 of the emergency regulation in force further required that detainees must be transferred to fiscal custody (that is, removed from TID special detention into general detention) upon completion of a 90-day detention order.
The court also heard allegations yesterday that Jesiharan had suffered torture in detention. Grave concerns are held for his welfare.
“The prolonged detention of Tissainayagam, without explanation, breaches the basic human right to justice,” IFJ Asia-Pacific said.
“Fair judicial process must be applied to Tissainayagam, and all cases, without exception.”
For further information contact IFJ Asia-Pacific on +612 9333 0919
The IFJ represents over 600,000 in 122 countries worldwide
-------------------------------------------------------------------------------
PUBLIC AI Index: ASA 37/019/2008
15 May 2008
Further Information on UA 88/08 (ASA 37/016/2008, 4 April 2008) - Arbitrary detention
SRI LANKA Jayaprakash Sittampalam Tissainayagam (m), journalist
Journalist Jayaprakash Sittampalam (J. S.) Tissainayagam was granted access to an eye specialist on 9 May. The specialist has said that his condition needs monitoring and he needs new glasses because the conditions of his eyes have changed. The specialist needs to see him again in a month to reassess his condition. J. S. Tissainayagam was also granted access to his lawyer on 14 May, for the first time since 21 March.
J. S. Tissainayagam however remains in Terrorist Investigation Division (TID) detention in Colombo, where he is being held without charge. He was supposed to be brought before a court on 12 May, in compliance with the Sri Lankan Emergency Regulations which require detainees to be brought in front of a court once a month. However this was postponed with no reason being given and the magistrate reportedly stated that he should be produced in court on 14 May. He was not brought to court on that day and the magistrate reportedly ordered that he appear in court on 23 May.
Amnesty International also understands that there is little ventilation in the cell where J. S. Tissainayagam is being detained due to the air conditioning breaking down, so detention conditions are extremely uncomfortable due to the heat.
BACKGROUND INFORMATION
Amnesty International is alarmed by a number of recent attacks and other violations of the human rights of media workers, which follow the pattern outlined in its recent report ‘Sri Lanka: Silencing Dissent’ (ASA 37/001/2008, 7 February 2008). Journalists and other media workers have been detained for long periods of time without charge on previous occasions. On 21 November 2006, Parameshwari Munusamy, a Tamil woman journalist with the Sinhalese newspaper Mawbima, was arrested by Special Task Force (STF) personnel and detained at TID headquarters under the Emergency Regulations on suspicion of having links with the LTTE. At the time of her arrest, she was not told details of the grounds and legal basis she was held under. Detained without charge for four months, she was released on 22 March 2007. Her family were also reportedly assaulted at their home on 14 March 2008, by intruders who forcibly entered their home, causing serious injuries to her father and sister. There have been a number of attacks and arbitrary arrests of media workers in the last few weeks including Gayan Lasantha Ranga, Udayen and Kithsiri Wijesinghe, all contributors to the website www.outreachsl.com. The three were reportedly released on 18 March after being held in TID detention without charge for a number of days.
RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or your own language or your own language:
- welcoming reports that J. S. Tissainayagam was granted access to an eye specialist on 9 May and access to his lawyer on 14 May;
- expressing concern that J. S. Tissainayagam is being detained without charge by the Terrorist Investigation Division (TID) in Colombo, apparently to prevent him from peacefully exercising his right to freedom of expression through his media work;
- calling on the authorities to ensure that J.S. Tissainayagam is not tortured or ill-treated, and that he is allowed unrestricted access to his family, a lawyer of his choice, an independent court and any specialist medical treatment he may require;
- urging the authorities to release J. S. Tissainayagam immediately and unconditionally, unless he is to be charged with a recognizably criminal offence and remanded by an independent court;
- calling on the authorities to ensure that there is sufficient ventilation in the cell where he is being detained.
APPEALS TO:
His Excellency the President Mahinda Rajapaksa
Presidential Secretariat
Colombo 1
Sri Lanka
Fax: + 94 11 2446657
Salutation: Your Excellency
Hon. Amarasiri Dodangoda
Minister of Justice
Ministry of Justice and Law Reforms
Superior Courts Complex,
Colombo 12
Sri Lanka
Fax: + 94 11 2445447
Salutation: Dear Minister
COPIES TO: diplomatic representatives of Sri Lanka accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 26 June 2008.
--------------------------------------------------------
PUBLIC AI Index: ASA 37/016/2008 4 April 2008 UA 88/08 Arbitrary detention/ medical concern SRI LANKA Jayaprakash Sittampalam Tissainaygam (m), journalist Journalist Jayaprakash Sittampalam (J. S.) Tissainaygam has been held in the Terrorist Investigation Division (TID) detention centre in Colombo since 7 March. The authorities have claimed that he is held on suspicion of involvement with the armed group, the Liberation Tigers of Tamil Eelam (LTTE), although he has not been charged with any offence, and Amnesty International believes that his detention is arbitrary. He is at risk of going blind if he does not receive specialist treatment for a serious eye condition. On 7 March, J. S. Tissainayagam was detained after making enquiries to the TID regarding the arrest of his colleague V. Jasikaren and Jasikaren's wife the previous day. When arrested J. S. Tissainayagam was not issued with a detention order as required under any Emergency Regulations in Sri Lanka. In addition procedural safeguards set out in the Sri Lankan Presidential Directives, such as the provision of a document giving details of the arrest to the detainee's relatives, were not fulfilled, J. S. Tissainayagam suffers from an eye condition that has required operations to re-attach his retinas. High levels of stress, or exposure to extreme levels of light, could cause a recurrence of the condition, which may result in blindness. It is not known whether he has received the required specialist medical treatment for his condition. J. S. Tissainayagam filed a petition against his arbitrary arrest and detention with the Supreme Court. The Court allowed his petition to proceed. He was only granted access to a lawyer after lodging this and has reportedly been able to meet the lawyer only once, on 21 March, in the presence of a TID chief investigating officer. A Supreme Court hearing on 27 March, in which J. S. Tissainayagam's lawyer and wife were present but not himself, reportedly confirmed that no detention order had been presented to him when he was arrested. Citing a previous ruling by the Chief Justice that detainees should not be held by the TID for more than a week the Court decided that the case should be reviewed by the Chief Justice. The Chief Justice heard the case on 31 March. The government then presented a detention order to the Chief Justice, claiming that J.S. Tissainayagam is acting on behalf of the LTTE, and, can be held for up to 90 days from 7 March. Amnesty International is concerned that J. S. Tissainayagam is being held under the Emergency (Prevention and Prohibition of Terrorism and Specified Terrorist Activities) Regulations No. 7 2006, which are incompatible with international human rights law and standards, and have been used to intimidate and harass political opponents, thus fostering a culture of impunity. The Emergency Regulations, issued by the President, introduce broad-based and vaguely defined "terrorism" offences which, among other things, have been used to silence critical media and generally violate freedom of expression in Sri Lanka, including through detention without charge or trial, which could under these Regulations last up to 18 months. Such detention is clearly arbitrary, in violation of Article 9(1) of the International Covenant on Civil and Political Rights, to which Sri Lanka is a state party. BACKGROUND INFORMATION Amnesty International is alarmed by a number of recent attacks and other violations of the human rights of media workers, which follow the pattern outlined in its recent report 'Sri Lanka: Silencing Dissent' (AI Index: ASA 37/001/2008). Journalists and other media workers have been detained for long periods of time without charge on previous occasions. On 21 November 2006 Parameshwari Munusamy, a Tamil woman journalist with the Sinhalese newspaper Mawbima, was arrested by Special Task Force (STF) personnel and detained at TID headquarters under the Emergency Regulations on suspicion of having links with the LTTE. At the time of her arrest, she was not told details of the grounds and legal basis she was held under. Detained without charge for four months, she was released on 22 March 2007. Her family were also reportedly assaulted at their home on 14 March 2008, by intruders who forcibly entered their home, causing serious injuries to her father and sister. There have been a number of attacks and arbitrary arrests of media workers in the last few weeks including Gayan Lasantha Ranga, Udayen and Kithsiri Wijesinghe, all contributors to the website www.outreachsl.com. The three were reportedly released on 18 March after being held in TID detention without charge for a number of days. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or your own language: - expressing concern that J. S. Tissainayagam is being arbitrarily detained by the Terrorist Investigation Division (TID) in Colombo, apparently to prevent him from peacefully exercising his right to freedom of expression through his journalistic work; - calling on the authorities to ensure that J.S. Tissainayagam is not tortured or ill-treated, and that he is allowed immediate and unrestricted access to his family, a lawyer of his choice, an independent court and any specialist medical treatment he may require; - calling on the authorities to release J. S. Tissainayagam immediately and unconditionally, unless he is to be charged with a recognizably criminal offence and remanded by an independent court. APPEALS TO: His Excellency the President Mahinda Rajapaksa Presidential Secretariat Colombo 1 Sri Lanka Fax: + 94 11 2446657 Salutation: Your Excellency Hon. Amarasiri Dodangoda Minister of Justice Ministry of Justice and Law Reforms Superior Courts Complex, Colombo 12 Sri Lanka Fax: + 94 11 2445447 Salutation: Dear Minister COPIES TO: diplomatic representatives of Sri Lanka accredited to your country. PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 16 May 2008.
Press release
Reporters Without Borders/Reporters sans frontières
Press release 12 June 2008
SRI LANKA
Officials pressured local press to tone down criticism during EU delegation visit
Reporters Without Borders condemns the pressure that the government reportedly put on the owners and editors of several independent dailies, including The Nation and The Daily Mirror, to dissuade them from publishing critical or embarrassing articles during a visit by a European Commission trade delegation from 9 to 11 June."The government is mistaken if it thinks in can improve relations with the EU by using threats to silence the independent press," the press freedom organisation said. "Journalists' organisations are vigilant and will continue to condemn a policy of harassment that makes it harder and harder for them to cover the human rights situation."Reporters Without Borders added: "The European delegation did raise the issue of human rights during its visit, but we urge the European Commission to firmly condemn this latest case of harassment of the media, which was directly linked to the delegation's visit."Speaking on condition of anonymity, journalists working for several newspapers told Reporters Without Borders that, during the week prior to the EU visit, their managers and editors ordered them to limit the number of stories that would be embarrassing for the government. The officials who pressured their management had threatened reprisals, including economic reprisals, they said.This harassment coincided with defence ministry accusations of "treason" against journalists who cover military affairs, and the abduction and beating of one of The Nation's defence reporters in Colombo.Reporters Without Borders also calls for the immediate release of Tamil journalist J. S. Tissanayagam, the editor of the news website OutreachLK.com and a contributor to the Sunday Times newspaper, after the defence ministry extended his detention for another three months on 6 June and the anti-terrorist police refused to bring him before a judge. Tissanayagam was arrested on 7 March in Colombo, just a few weeks after creating OutreakLK.com with funding from FLICT, an NGO supported by the German development agency GTZ.Contacted by Reporters Without Borders, his wife appealed to the authorities not to hold him any longer without trial. "We are just asking for his rights as a citizen to be respected," she said.V. Jasikaran, a Tamil writer and owner of a printing press, is also being held by the anti-terrorist police in the same case.
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