CPJ: "Publishing a magazine should not constitute an offence"
Statement by Committee to Protect Journalists
The Committee to Protect Journalists condemns the Colombo high court’s indictment of journalist J.S. Tissainayagam today on terrorism charges for articles he published in 2006.
Sri Lanka’s Terrorist Investigation Division arrested Tissainayagam, the editor of news Web site OutreachSL, and five of his colleagues within a few days in March 2008. Three of the group were released later that month, according to the Sri Lankan Free Media Movement. Tissainayagam and two others, OutreachSL manager N. Jasiharan and his wife, remain in custody without charge. It is not clear if Jasiharan and his wife have also been indicted.
[J.S. Tissainayagam, an ethnic Tamil senior journalist and columnist (L), walks handcuffed as prison officers escort him to the High Court in Colombo August 25, 2008-pic: Reuters Alertnet, Buddhika Weerasinghe]
Today’s charges against Tissainayagam cite a magazine, North Eastern Monthly, which the journalist edited in 2006, according to his lawyer, M.A. Sumanthiran, who spoke with CPJ by telephone this morning. Two charges relate to articles Tissainayagam wrote for the magazine. The journalist’s lawyer told CPJ that the government said the articles incited communal disharmony, an offence under the Prevention of Terrorism Act. A third charge says he furthered an act of terrorism by collecting money from NGOs to publish the magazine, he told CPJ.
Tissainayagam, an ethnic Tamil, is also a columnist for the Sri Lankan weekly The Sunday Times.
Free Media Movement spokesman Sunanda Deshapriya told CPJ that North Eastern Magazine was a known as a pro-Tamil English-language publication that was not considered pro- Liberation Tigers of Tamil Eelam, he said. It closed down over a year ago.
“We condemn J.S. Tissainayagam’s long detention and harsh charges for publishing a magazine, which should not constitute an offence,” said Bob Dietz, CPJ Asia Program Coordinator. “This is the latest step by the Sri Lankan government to intimidate journalists who write about security issues.”
Tissainayagam pleaded not guilty today because he does not believe he committed a criminal act, Sumanthiran told CPJ. He was denied bail and will go to trial on September 18, the lawyer said.
Rajiva Wijesinha, Sri Lanka’s secretary of the Ministry of Disaster Management and Human Rights, denied to Human Rights Watch on August 12 that Tissainayagam had been detained for criticizing the government. “Some of their publications were designed to embarrass the Sri Lankan government through false accusations,” Wijesinha said of Tissainayagam and “his business associates,” according to the text of the letter, which is published on the Web site of the Sri Lankan permanent mission to the UN in Geneva. He does not name the business associates in the letter.
Tissainayagam’s Sunday Times column, written from a Tamil viewpoint, frequently tackled issues sensitive to the Sri Lankan government, including security issues. One of his final columns before his arrest was titled “Child soldiers: What the govt. report did not report.”Bail refused for journalist Tissainayagam
The Colombo High Court Monday refused bail for Sunday Times columnist J.S.Tissainayagam when he was produced in court for the first time after he had been indicted by the Attorney General on three counts under the Prevention of Terrorism Act (PTA) and Emergency Regulations (ER), for printing, publishing and distributing the magazine "North Eastern Monthly" during the period from June 1, 2006 to June 1, 2007 and for making payments or collecting funds from a non-governmental organization to run the said magazine, legal sources said.Tissainayagam accepted the indictment served on him in the open court.
Thereafter the Defense Counsel Nalin Laduwahetti made an application to court to enlarge his client Journalist Tissainayagam in bail. The Defense Counsel said in his submission that his client Tissainayagam was arrested during the first week of March this year when he went to the Terrorist Intelligence Division (TID) office to see the two suspects Jaseeharan and Valarmathi who had been working in his office and arrested by the TID on March 6.
There were no records that he had attempted to evade the investigation. All fifteen prosecution witnesses listed are police personnel and therefore there would not be any interference with the witness by the suspect.
The Counsel further brought to the notice of the court that his client has been suffering from a rare eye disease and needs regular medical treatment.
State Counsel Sudharsana de Silva objected to the bail application. He argued that the High Court has no jurisdiction to allow an accused charged under the PTA on bail.
The High Court Judge Ms Deepali Wijesundara upheld the objection by the State Counsel and refused bail for Tissainayagam. The Judge further directed the Superintendent of Prisons to produce the suspect before the Prison hospital and provide necessary treatment.
The court fixed the inquiry in the case for September 9.
Chronology:
Related Articles:
08.08.08 HRW: Tissanayagam's detention violates international law
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