Srilanka: Journalist still in detention after 250 days

11 November 2008
Statement
Srilanka: Journalist still in detention after 250 days
As the trial of newspaper editor and human rights activist JS Tissainayagam gets
underway, ARTICLE 19 and Index on Censorship call for his immediate release
after being held in detention for 250 days.
Tissainayagam was detained by the Sri Lankan Terrorist Investigation Division on 7
March 2008 for what we believe are politically motivated reasons. Prior to his
detention, Tissainayagam had been working on a number of critical stories about the
government’s military campaign and its track record on constitutional and civilian
protection, including articles on peace and justice for the German Government funded
website OutreachSL.
He was held without charge for nearly six months but, following local and
international calls for his release, the Sri Lankan authorities finally brought charges
against him on 25 August based on his having authored, published and distributed the
North Eastern Monthly between June 2006 and June 2007. Tissainayagam is the first
journalist accused, under the Prevention of Terrorism Act (PTA), of bringing the
government into “disrepute”, creating “ethnic disharmony” and aiding and abetting
“unknown persons”.
Tissainayagam has not had regular access to legal representation or been permitted to
meet his lawyers without the presence of the security services. The case against him
rests primarily on his own confession despite evidence of torture. In 2007, the UN
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, Manfred Nowak, described torture in Sri Lanka as “routine” and general
Sri Lankan law stipulates that confession is not admissible without clear safeguards,
due to a history of forced admissions. However, under the PTA, confessions are
allowed.
The lengthy detention without charge, along with the strategy of procedural delay of
court proceedings, and the precedent of using anti-terrorism legislation against a
journalist are not only a gross abuse of Tissainayagam’s rights, but they also create a
culture of self censorship and a “chilling effect” on the Sri Lankan media generally.
ARTICLE 19 and Index on Censorship call on the Sri Lankan government to respect
their commitment to international standards on free expression. The government
should release Tissainayagam immediately and withdraw the politically motivated
charges. At a minimum, it should release him on bail and ensure a fair trial without
delay. Tissainayagam should also be allowed unrestricted access to his family, a
lawyer of his choice, any specialist medical treatment he may require, and access to
foreign diplomatic delegations that may request to visit him.
ARTICLE 19 and Index on Censorship call upon all diplomatic missions in Sri Lanka
to monitor the trial trial carefully and to request permission to visit Tissainayagam to
confirm his wellbeing. In particular, we also call upon the governments of India,
Japan, United Kingdom and the USA all of whom have a very close relationship with
the Sri Lankan government, as well as international representatives in Brussels,
Geneva and New York to convey their concern about this precedent in their
communications with the Government of Sri Lanka.

FURTHER INFORMATION:
· For more information: please contact Oliver Charles oliver@article19.org +44 20
7278 9292, or Natasha Schmidt Natasha@indexoncensorship.org +44 20 7278 2313.
· ARTICLE 19 is an independent human rights organisation that works around the
world to protect and promote the right to freedom of expression. It takes its name
from Article 19 of the Universal Declaration of Human Rights, which guarantees free
speech.
· Index on Censorship promotes freedom of expression through publishing, education
and international arts and media projects. Our award-winning magazine and website
feature original and challenging writing on free speech issues around the world.

ARTICLE 19, 6-8 Amwell Street, London EC1R 1UQTel: (+44) 20 7278 9292 / Fax: (+44) 20 7278 7660Web: www.article19.org / Email: info@article19.org