The best of times and the worst of times
By Kishali Pinto Jayawardene
Certainly it is now, (to borrow a dearly immortalized phrase), the best of times and the worst of times. It is the worst of times for never before have the assaults on basic freedoms of life, liberty and democratic space been so prolonged and so pervasive or accompanied by such comprehensive subversion of constitutional institutions. And in response to those who would argue that the excesses of the then government, (in fighting the Liberation Tigers of Tamil Eelam and the Janatha Vimukthi Peramuna), during the nineteen eighties and the early nineteen nineties, surpassed the current agonies that we are living through, I would beg to disagree. That period was irrevocably marked by the extraordinary twin threats that the State was faced with, though this is not to excuse at all, the extreme repression resulting in thousands of killings of Sinhalese, Tamils and Muslims, the family members of whom are yet to obtain justice.
Abandoning the proverbial figleaf of democracy
And at that time, there was adherence to at least the figleaf of a democratic process while political corruption of the constitutional and economic process was nowhere near the current astronomic heights. The 17th Amendment to the Constitution is yet being bypassed on the ludicrous pretext of a pending Parliamentary Select Committee Report which is fated never to see the light of day. If, for example, this constitutional amendment was properly implemented, we would have a constitutionally appointed National Police Commission, an Elections Commission and a Human Rights Commission that would have been crucial in ensuring the minimum of a free and fair poll in the North-Central province, including enforcing policemen to act according to law. But this was not to be.
The degeneration of constitutional institutions
Again, at that time, though we had political goons, they were not elevated to ministerial rank. Nor did they engage openly in the flouting of the law under the highest political patronage. At that time too, even though the Constitution was challenged to its fullest extent, we had courageous judges of the appellate courts who, minus their own personal or political ambitions, (and that rider is crucially important to this discussion), and despite extreme political pressure, laid down the parameters of the exercise of political power. While this is not to say that all was ideal, certainly the degeneration of constitutional institutions was not of such a nature that it compelled us to wonder whether the system would ever right itself at any point of time.
Now, the extraordinary has become the ordinary. And the ease with which we accept this transformation - along with despicable justifications put forward by government apologists - is what should most concern us.
Action taken in the name of national security
Last week's column focused on Maheswari's story, just one of many such traumas. Later on in the week, indictment was issued by the Attorney General against journalist J.S. Tissainayagam citing purported offences committed in terms of Emergency Regulations and the Prevention of Terrorism Act (read together with the Penal Code). However, the contents of the indictment in the public domain appear to centre purely on journalistic contributions to the "North Eastern Monthly" magazine during 2006 and 2007. Tissainayagam's observations that the state security forces have been the main perpetrators of killings in the conflict areas and that, at one time, citizens in Vahari were subjected to intense shelling and aerial bombardment with attempts to 'starve the population by refusing them food as well as medicines and fuel with the hope of driving out the people of Vaharai and depopulating it,' form the core of the indicted offences on the basis that they amount to, inter alia, causing or intending to cause acts of violence and/or communal disharmony and/or bringing the State into disrepute.
An additional charge that the magazine was published with funds from a non governmental organization is inextricably linked with establishing that the magazine indeed, published matter that can legitimately be prohibited.
Yet, if these writings form the alleged offences in question, journalists who are equally guilty of the same would be legion across Sri Lanka. Indeed, the jurisprudence of Sri Lanka's Supreme Court is studded with instances where it has been held that even exaggerated criticism of government policy or actions are encompassed within the legitimate scope of freedoms of speech, expression and publication and arrests made solely on that basis under emergency regulations are unconstitutional. Discussion of these cases however must be engaged in elsewhere than this column given the space constraints.
These are also the best of times
However, despite these many individual ordeals, this is also the best of times for it is precisely now that ordinary decent people will be tested to the utmost in regard to their determination to speak out against injustice and to rally against the most profound wrongs being committed in the name of patriotism and national security. The extent to which such determination is manifested will undoubtedly direct Sri Lanka's future trajectory as a democratic nation and shape our futures as citizens of this country
Wednesday, September 3, 2008
Tuesday, September 2, 2008
The Indictment
1. This complaint states that in Colombo, which is within the jurisdiction of this
court during the period between 1st June 2006 and 1st June 2007, the accused
together with unknown persons committed an offence or abetted the commission
of an offence or entered into a common intention with a prior understanding to
abet the commission of an offence whether planned or unplanned, by words either
spoken or intended to be read or by signs or by visible representations or
otherwise, which intends to cause the commission of acts of violence or racial or
communal disharmony and brings the Government into disrepute, through the
printing or distribution of the publication North Eastern Monthly magazine or by
agreeing to commit or abet the commission of the offence of acting to promote
that organization, and that since the aforesaid offence has been committed as a
result of the said conspiracy, an offence which is a punishable under section
2(2)(ii) read with section 2(1)(h) of the Prevention of Terrorism (Temporary
Provisions) Act no. 48 of 1979 as amended by Act No. 10 of 1982 and Act No. 22
of 1988 which is to be read with section 113 (a) and section 102 the penal code
has been committed.
2. In the above time, place and circumstances, an offence has been committed by
words either spoken or intended to be read or by signs or by visible
representations or otherwise, which intends to cause the commission of acts of
violence or racial or communal disharmony and brings the Government into
disrepute, through the printing or distribution of the publication North Eastern
Monthly Magazine or by acting to promote that organization, through the
publishing of its contents seen in the document extract marked “X” and annexed
hereto, which is a punishable offence under section 2(2)(ii) read with section
2(1)(h) of the of the Prevention of Terrorism (Temporary Provisions) Act no. 48
of 1979 as amended by Act No. 10 of 1982 and Act No. 22 of 1988 which is to be
read with section 113 (a) and section 102 the penal code.
3. In the above time, place and circumstances, an offence has been committed by
contributing or collecting or obtaining information relating to or donating funds
for the purpose of terrorism through the collection of funds from Non
Governmental Organisations for the North Eastern Monthly magazine, which is
an offence punishable under Regulation 6 (c) of the Emergency (Prevention and
Prohibition of Terrorism and Specified Terrorist Activities) Regulations No. 07 of
2003 published on 6th December 2006 in Gazette Extraordinary No. 1474/3 of the
Democratic Socialist Republic of Sri Lanka.
Annexure X
01. By stating in the July 2006 the editorial of the North Eastern Monthly
Magazine under the heading “Providing security to Tamils now will define
northeastern politics of the future” stating, “it is fairly obvious that the
government is not going to offer them any protection. In fact it is the state
security forces that are the main perpetrator of the killings.”
02. By stating that in the November 2006 North East Monthly, under the
heading “With no military options Govt. buys time by offering watereddown
devolution” he states, “Such offensives against the civilians are
accompanied by attempts to starve the population by refusing them food
as well as medicines and fuel, with the hope of driving out the people of
Vaharai and depopulating it. As this story is being written Vaharai is being
subject to intense shelling and aerial bombardment.”
court during the period between 1st June 2006 and 1st June 2007, the accused
together with unknown persons committed an offence or abetted the commission
of an offence or entered into a common intention with a prior understanding to
abet the commission of an offence whether planned or unplanned, by words either
spoken or intended to be read or by signs or by visible representations or
otherwise, which intends to cause the commission of acts of violence or racial or
communal disharmony and brings the Government into disrepute, through the
printing or distribution of the publication North Eastern Monthly magazine or by
agreeing to commit or abet the commission of the offence of acting to promote
that organization, and that since the aforesaid offence has been committed as a
result of the said conspiracy, an offence which is a punishable under section
2(2)(ii) read with section 2(1)(h) of the Prevention of Terrorism (Temporary
Provisions) Act no. 48 of 1979 as amended by Act No. 10 of 1982 and Act No. 22
of 1988 which is to be read with section 113 (a) and section 102 the penal code
has been committed.
2. In the above time, place and circumstances, an offence has been committed by
words either spoken or intended to be read or by signs or by visible
representations or otherwise, which intends to cause the commission of acts of
violence or racial or communal disharmony and brings the Government into
disrepute, through the printing or distribution of the publication North Eastern
Monthly Magazine or by acting to promote that organization, through the
publishing of its contents seen in the document extract marked “X” and annexed
hereto, which is a punishable offence under section 2(2)(ii) read with section
2(1)(h) of the of the Prevention of Terrorism (Temporary Provisions) Act no. 48
of 1979 as amended by Act No. 10 of 1982 and Act No. 22 of 1988 which is to be
read with section 113 (a) and section 102 the penal code.
3. In the above time, place and circumstances, an offence has been committed by
contributing or collecting or obtaining information relating to or donating funds
for the purpose of terrorism through the collection of funds from Non
Governmental Organisations for the North Eastern Monthly magazine, which is
an offence punishable under Regulation 6 (c) of the Emergency (Prevention and
Prohibition of Terrorism and Specified Terrorist Activities) Regulations No. 07 of
2003 published on 6th December 2006 in Gazette Extraordinary No. 1474/3 of the
Democratic Socialist Republic of Sri Lanka.
Annexure X
01. By stating in the July 2006 the editorial of the North Eastern Monthly
Magazine under the heading “Providing security to Tamils now will define
northeastern politics of the future” stating, “it is fairly obvious that the
government is not going to offer them any protection. In fact it is the state
security forces that are the main perpetrator of the killings.”
02. By stating that in the November 2006 North East Monthly, under the
heading “With no military options Govt. buys time by offering watereddown
devolution” he states, “Such offensives against the civilians are
accompanied by attempts to starve the population by refusing them food
as well as medicines and fuel, with the hope of driving out the people of
Vaharai and depopulating it. As this story is being written Vaharai is being
subject to intense shelling and aerial bombardment.”
Friday, August 29, 2008
The first instance of a journalist being accused
J.S. Tissanayagam was indicted, in the first instance of a journalist being accused under the Prevention of Terrorism Act, in the Colombo High Court yesterday (Aug. 25th) on charges of having plotted to bring the government into disrepute and having attempted to incite communal feelings.
In the indictment, the Attorney General has mentioned three counts including offences under the Prevention of Terrorism Act in respect of the printing, publishing, and distribution of the magazine 'North Eastern Monthly' during the period between 1st June 2006 and 1st June 2007.
Offences under the PTA in respect of bringing the government into disrepute by the publication of articles in the said magazine.
The third charge is the violation of Emergency Regulations issued under Gazette Extraordinary 1474/3 of December 2006, by aiding and abetting terrorist organizations through the raising of money for the said magazine.
The journalist has been held in detention in the custody of the Terrorist Investigation Department since 7th March 2008.
Tissanayagam's lawyer Nalin Ladduwahetti requested bail for his client, to which the state counsel objected, saying that the HC has no powers to release him on bail as he is being held under detention orders.
Judge Deepali Wijesundara fixed the 09th of September as the next day of hearing.
Several local and international rights groups have been raising Tissanayagam's prolonged detention.
According to the Free Media Movement, the PTA has always been widely regarded as a 'draconian piece of legislation' that has led to the abuse of power, ethnic discrimination, the suppression of liberty, and is inconsistent with international standards of human rights protection.
In the indictment, the Attorney General has mentioned three counts including offences under the Prevention of Terrorism Act in respect of the printing, publishing, and distribution of the magazine 'North Eastern Monthly' during the period between 1st June 2006 and 1st June 2007.
Offences under the PTA in respect of bringing the government into disrepute by the publication of articles in the said magazine.
The third charge is the violation of Emergency Regulations issued under Gazette Extraordinary 1474/3 of December 2006, by aiding and abetting terrorist organizations through the raising of money for the said magazine.
The journalist has been held in detention in the custody of the Terrorist Investigation Department since 7th March 2008.
Tissanayagam's lawyer Nalin Ladduwahetti requested bail for his client, to which the state counsel objected, saying that the HC has no powers to release him on bail as he is being held under detention orders.
Judge Deepali Wijesundara fixed the 09th of September as the next day of hearing.
Several local and international rights groups have been raising Tissanayagam's prolonged detention.
According to the Free Media Movement, the PTA has always been widely regarded as a 'draconian piece of legislation' that has led to the abuse of power, ethnic discrimination, the suppression of liberty, and is inconsistent with international standards of human rights protection.
Friday, August 15, 2008
Reporters Without Borders/Reporters sans frontières
14 August 2008SRI 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 2008SRI 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
A Story About a Tamil Called Tissa Tissainayagam
http://www.forward.com/articles/13036/
A Story About a Tamil Called Tissa Tissainayagam
By Eric HüblerThu. Mar 27, 2008
Article tools
Text size: Larger Smaller
Print this article
Email this article
Other articles by Eric Hübler
More in Forward Forum
A dissident columnist is hauled away on a meaningless “detention order.” His frantic wife says he has been beaten — and is, in all likelihood, being beaten at this moment. She begs a family friend with international ties to get word out; the friend fires off an email to an influential American acquaintance, begging him to use his pull with Washington and the media to put unrelenting pressure on the embassy.
In a world full of violent opposition to insensitive authority, this must happen daily. The difference here is that the role of the influential American is to be played by me. And the gaping hole in the plan is: I’m not influential.
In 1980, as best as I remember, the American Field Service sent a Sri Lankan exchange student to my New Jersey high school, and we fell into the same clique. She was a member of a minority ethnic group, the Tamils, but that didn’t seem significant; she was the exotic kid we liked to hang out with.
Three years later, at college, I learned by crinkly, sky-blue aerogramme that she and her family narrowly escaped lynching when a mob of majority Sinhalese stormed their apartment house to avenge a guerrilla attack on the police. She became a teacher, got married, and raised her children as cycles of insurgency, counter-insurgency and parliamentary incapacity wrecked her country.
Now, thanks to a panicky email from someone I remember fondly but haven’t spoken with for decades, I find myself fretting over a man I never heard of. Knowing nothing about J.S. “Tissa” Tissainayagam except he was there and then wasn’t, I Googled him.
It wasn’t a great way to become acquainted. I found many of his clips on what appears to be the Web site of the Tamil Tiger guerrillas — who, to their eternal damnation, pioneered the suicide bomb, making them and anyone remotely connected with them accessories to so many murders, in so many places, for so many causes that, surely, could have been addressed more intelligently.
Is Tissa a party hack? Does he deserve the international publicity without which, his wife has reason to believe, he’ll die?
“There is no such thing as an independent journalist in this country,” my schoolmate emailed. “Thirty years of viciousness has effectively cleared the middle ground…. The civic institutions and rights that the West take for granted are barely imaginable here.”
Still, she was outraged I would even raise the possibility of Tissa’s being an apologist for terrorism, pointing out that he has twice visited the United States at the government’s invitation.
Perhaps a likelier explanation of his prominence on the guerrillas’ site is that, in addition to being ruthless bastards, the Tigers are greedy bloggers and cast their links wide so as to appropriate those with cleaner reputations. They also pasted up a picture of Jesus, and say what you will about the man, he never shot up a bus.
Maybe I’m over-thinking this. Maybe the essential thing isn’t whether Tissa is a good guy, a bad guy or an enigma. Maybe in an environment as brutal as Sri Lanka has become, to write at all — to think at all — is to pick sides. And with the government resorting to “disappearances” as a political tactic, according to Human Rights Watch, there’s no right side to pick.
In any case, here’s how it’s supposed to be in a free society (or even a free-ish one, which seems to be the best any of us can expect nowadays): Nobody should be punished for having thoughts and sharing them. Not a Tibetan lama, not an Argentine rabbi, not a Palestinian poster-hanger, not a Latin American priest, not a Turkish novelist. Nobody.
The cops of the world may disagree, but there must be a distinction between those who speak reprehensibly and those who act dangerously. Who gets to draw this distinction? We do. I do.
Tissa Tissainayagam is locked up, and somehow it has become my job to bust him loose. If any influential Americans read this: Any ideas?
Eric Hübler is a writer living in Denver
A Story About a Tamil Called Tissa Tissainayagam
By Eric HüblerThu. Mar 27, 2008
Article tools
Text size: Larger Smaller
Print this article
Email this article
Other articles by Eric Hübler
More in Forward Forum
A dissident columnist is hauled away on a meaningless “detention order.” His frantic wife says he has been beaten — and is, in all likelihood, being beaten at this moment. She begs a family friend with international ties to get word out; the friend fires off an email to an influential American acquaintance, begging him to use his pull with Washington and the media to put unrelenting pressure on the embassy.
In a world full of violent opposition to insensitive authority, this must happen daily. The difference here is that the role of the influential American is to be played by me. And the gaping hole in the plan is: I’m not influential.
In 1980, as best as I remember, the American Field Service sent a Sri Lankan exchange student to my New Jersey high school, and we fell into the same clique. She was a member of a minority ethnic group, the Tamils, but that didn’t seem significant; she was the exotic kid we liked to hang out with.
Three years later, at college, I learned by crinkly, sky-blue aerogramme that she and her family narrowly escaped lynching when a mob of majority Sinhalese stormed their apartment house to avenge a guerrilla attack on the police. She became a teacher, got married, and raised her children as cycles of insurgency, counter-insurgency and parliamentary incapacity wrecked her country.
Now, thanks to a panicky email from someone I remember fondly but haven’t spoken with for decades, I find myself fretting over a man I never heard of. Knowing nothing about J.S. “Tissa” Tissainayagam except he was there and then wasn’t, I Googled him.
It wasn’t a great way to become acquainted. I found many of his clips on what appears to be the Web site of the Tamil Tiger guerrillas — who, to their eternal damnation, pioneered the suicide bomb, making them and anyone remotely connected with them accessories to so many murders, in so many places, for so many causes that, surely, could have been addressed more intelligently.
Is Tissa a party hack? Does he deserve the international publicity without which, his wife has reason to believe, he’ll die?
“There is no such thing as an independent journalist in this country,” my schoolmate emailed. “Thirty years of viciousness has effectively cleared the middle ground…. The civic institutions and rights that the West take for granted are barely imaginable here.”
Still, she was outraged I would even raise the possibility of Tissa’s being an apologist for terrorism, pointing out that he has twice visited the United States at the government’s invitation.
Perhaps a likelier explanation of his prominence on the guerrillas’ site is that, in addition to being ruthless bastards, the Tigers are greedy bloggers and cast their links wide so as to appropriate those with cleaner reputations. They also pasted up a picture of Jesus, and say what you will about the man, he never shot up a bus.
Maybe I’m over-thinking this. Maybe the essential thing isn’t whether Tissa is a good guy, a bad guy or an enigma. Maybe in an environment as brutal as Sri Lanka has become, to write at all — to think at all — is to pick sides. And with the government resorting to “disappearances” as a political tactic, according to Human Rights Watch, there’s no right side to pick.
In any case, here’s how it’s supposed to be in a free society (or even a free-ish one, which seems to be the best any of us can expect nowadays): Nobody should be punished for having thoughts and sharing them. Not a Tibetan lama, not an Argentine rabbi, not a Palestinian poster-hanger, not a Latin American priest, not a Turkish novelist. Nobody.
The cops of the world may disagree, but there must be a distinction between those who speak reprehensibly and those who act dangerously. Who gets to draw this distinction? We do. I do.
Tissa Tissainayagam is locked up, and somehow it has become my job to bust him loose. If any influential Americans read this: Any ideas?
Eric Hübler is a writer living in Denver
Tuesday, July 22, 2008
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
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
PUBLIC AI Index: ASA 37/016/2008 4 April 2008 UA 88/08
Arbitrary detention/ medical concern SRI LANKA
Jayaprakash Sittampalam Tissainaygam (m), 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 http://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.
Arbitrary detention/ medical concern SRI LANKA
Jayaprakash Sittampalam Tissainaygam (m), 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 http://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.
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