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

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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.
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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.