Berlin, 6th Oktober 2008
Your Excellency,

Representing the INSD, a network of Sri Lankan Diaspora in Europe, we follow the political and social developments in Sri Lanka. We see the respect and promotion of human rights as a fundamental base of any progress in a society.

Therefore we urge you to do your utmost to ensure that human rights defenders can carry out their important work in Sri Lanka. During 2008, at least 5 human rights defenders have reported receiving death threats, often in the form of threatening phone calls. The threats have been intended to stop them from speaking out on human rights issues. Attacks on journalists have included stabbings, abductions and ill-treatment as well as targeted killings. The Sri Lankan authorities have failed to prosecute any perpetrators for attacks on Human Rights Defenders in 2008.
This latest attack on a prominent human rights lawyer, J. C. Weliamuna, sends a chilling message to anyone prepared to stand up and expose human rights violations.

J. C. Weliamuna and his family survived a grenade attack on their home in Colombo on 27th September.  The grenade exploded on the balcony of their bedroom though luckily they were not harmed, but caused extensive damage to their house.

J. C. Wliamuna is the head of the Sri Lankan branch of Transparency International, an international NGO which campaigns against government corruption.
In September, J. C. Weliamuna had been the legal representative in a case involving serious police malpractice which was heard by the Supreme Court. As a result, the court ordered an investigation into police intimidation and the filing of false charges against his client. On September 30, a man forced his way into J. C. Weliamuna’s office. He gave the name of an unknown person he claimed to be looking for. However, staff in the office believed he was really looking for J. C. Weliamuna.

We urge you to order a full and impartial investigation by a competent authority into the attack on J. C. Weliamuna, to publish the results and to bring those responsible to justice. We urge you further, to protect J. C. Weliamuna and his family, using all measures deemed appropriate by J. C. Weliamuna himself.

Sincerely,

Ranjith Henayaka-Lochbihler  Nadarajah Straube

Victimisation of Mr. Tennakoon began with his association with CaFFE as its Spokesperson during the monitoring of the Eastern Province elections on 10th May 2008. After the conclusion of this election, the President’s Office Co-Ordinating Director (Media) Mr. Chandrapala Liyanage wrote on 25th May 2008 to University Grants Commission (UGC) Chairman demanding a report on Mr. Tennakoon’s statement that the Eastern PC polls were rigged and far from free and fair whilst working as a public servant in a State institute. This letter was copied to the Vice Chancellor of the Kelaniya University. Mr. Tennakoon was soon thereafter relieved of his responsibilities and transferred to the Examination Department of the University.

No charges have been filed against Mr. Tennakoon.

The FMM upholds the right of citizens to participate in any democratic activity that supports and strengthens good governance. This includes agitating for free and fair elections, upon which democracy is founded. We are extremely disappointed to note that Kelaniya University has succumbed to partisan political interests and victimised Mr. Tennakoon for pursuing legitimate democratic activities. Universities are world over recognised as places for the generation of ideas, free speech and liberal thinking. Sadly, Mr. Tennakoon’s case demonstrates that the erosion of Sri Lanka’s democratic tradition is systemic and pervasive.

Vehemently condemning the interdiction of Mr. Tennakoon and his victimisation for acting as the Spokesperson of CaFFE, the FMM calls on University authorities to hold an impartial, transparent and quick inquiry in to this matter and restore public confidence in Universities as seats of learning free from parochial and partisan political interests.

At the conclusion of the cross examination of the Assistant Superintendent of Police Sri Lal Ranasinghe during the Voire Dire inquiry,  defence counsel Anil Silva stated in the Colombo High Court that the ASP had not been present at the time J. S. Tissaiayagam was made to write down his statement.

Defence counsel also stated that Tissainayagam had been forced by investigating officers to write the statement in his own hand on the day that Jasiharan was tortured. The prosecution objected to the defence tabling Jasiharan’s medical report in which the JMO has recorded that Jasiharan had been tortured on May 9.

When defence counsel asked the ASP if he had heard of Jasiharan, ASP Ranasinghe said he could not recall. When further questioned,  witness said his name had come up in conversation with the TID Director Nandana Munasinghe. But, the ASP said, Jasiharan had not come to him to make a confession, so he did not know him.

“I don’t know who is detained in the TID. Only if someone comes to make a confession do I know them,” he said.  The ASP also denied any knowledge of the Magistrate’s Court having summoned the TID director to court to explain the reason why Jasiharan had two medical reports and that the director had not answered the magistrate’s summons. “This is handled by the legal department, I don’t know any of this,” he said.

The ASP also said he did not know that Tissainayagam was taken to the Magistrate’s Court on April 1 as per the Emergency Regulations, and he did not know that Tissainayagam and Jasiharan had been charged in the Magistrate’s Court. The ASP also denied any knowledge that Tissainayagam had an eye condition and that he had been taken to the Eye Hospital on May 9.

On September 17, the ASP said that the time of making the cautionary statement (made before a confession) had been changed due to a typographical error. The time had been changed from 15.30 on March 7 to 13.30.  Even with this error and five other errors, the ASP had signed this statement. Defence counsel suggested that the time of the cautionary statement had been changed because the TID had found, when later perusing the document,that Tissainayagam’s wife had visited him on the 7th at the time originally mentioned.

Defence counsel also asked the ASP if in the statements -- on both the 7th and the 9th -- there was a set of questions typed and ready to be asked. The ASP said: “No. I asked the questions and then the typist typed it.”

Defence Counsel: How is it the questions asked on the 7th and the 9th are identical in both sequence and form, and even the answers given are identical, even though it was translated by two different translators?

The ASP did not answer. 

Defence Counsel submitted to court that on account of the above the ASP could not have been present when Tissainayagam was forced to write his statement.

 The cross examination was concluded and re-examination was fixed for October 9.

6th October 2008 

Five media organisations (SLWJA, FMETU, SLTMA, SLMMF, FMM) express our deep sorrow over the death of TV journalist Rashmi Mohamed around at 8:40 a.m. this morning in Anuradhapura. Rashmi, provincial correspondent of Sirasa TV, was covering the opening ceremony of the new office of the United National Party (UNP) in Anuradhapura, close to the old bus stand. 

The explosion at the ceremony killed more than 20 people including the Leader of the Opposition of the North Central Provincial Council, Major General Janaka Perera, and other leading UNP figures in the area. Nearly 80 people were injured.

 Our organisations have time and again expressed our complete rejection of the use of violence as way of resolving social and political issues. We condemn this heinous attack on unarmed civilians as a crime against humanity.

 While expressing our deepest sympathies with the families and friends of the deceased, we urge the government to initiate an impartial and speedy inquiry into the circumstances of this dastardly act. We would also reiterate the need for more awareness and safety training for journalists working in challenging security environments.

COLOMBO, Sept 29 (Reuters) - An attack targeting a top Sri Lankan human rights lawyer drew U.S. and European condemnation on Monday, underscoring increasing threats faced by those who pursue cases against police or politicians in the Indian Ocean nation.

The Saturday hand-grenade attack on the Colombo home of J.C. Weliamuna, head of the local arm of graft watchdog Transparency International, injured no one but sent a chilling message to lawyers handling civil rights, graft and police abuse cases.

"I'm still pretty shaken," Weliamuna told Reuters. "There is a heavy burden on the state to show that the rule of law exists. If this happened, they must resolve it. If they don't, then no professional will be able to handle a sensitive issue."

Weliamuna said he could not be sure which of the hundreds of graft and police abuse cases he is handling prompted the attack.

The Supreme Court last week ordered an investigation into police torture in a case he is pursuing, and in which other lawyers have already been threatened.

The attack, combined with increasing threats against other lawyers, now puts Sri Lankan rights attorneys squarely in the company of journalists and civil society figures who routinely face threats, harassment and murder for speaking out.

The United States and European Union on Monday called on the Sri Lankan government to provide protection to Weliamuna and prosecute those responsible.

"We look to the authorities to launch an immediate investigation into this act of violence and bring the perpetrators of this crime swiftly to justice," the U.S. embassy in Colombo said in a statement.

The E.U. said it noted "with concern the trend in attacks and threats on journalists, civil society organizations and now a lawyer."

Sri Lanka's government accepts that it has problems with rights violations, and that it prosecutes those against whom it can establish evidence.

Journalists have long been threatened, harassed or killed in Sri Lanka for writing critical stories against powerful figures in government or the Tamil Tiger rebel group that has waged a separatist war since 1983.

But while most threats to media stem from a war where both sides are accused of rights abuses, lawyers are running afoul of the politically connected or police acting with impunity outside of the fighting, Asian Human Rights Commission Director Basil Fernando said.

"If it is like this in Colombo and other peaceful areas of the country, than can you imagine what it is like in the north and east where the war is?" Fernando, a lawyer from Sri Lanka, told Reuters by telephone from Hong Kong.

He said other lawyers told him they were unwilling to take cases involving politicians or police, because of a system that encourages corrupt politicians to keep policemen who are willing to do their bidding in exchange for political protection.

"Only a few people like Weliamuna were willing, and now we can see the result," Fernando said.

Weliamuna said he had no reason to suspect the government would not pursue his case and those of his clients, but said it would take "high-level commitment" to produce results.

"I am keeping my fingers crossed that investigations are going ahead," he said. (Editing by Sanjeev Miglani)

On Saturday night an unidentified gang lobbed two hand grenades at the residence of Transparency International Sri Lanka (TISL) Director and Attorney at-Law J.C Weliamuna. Mr. Weliamuna s residence is located in close proximity to a police station (Kohuwela), and an army camp (Kohuwela-Pepiliyana road. The attack demonstrates the blatant disregard criminals now have for regular structures of law and order.

The National Peace Council of Sri Lanka condemns the grenade attack on the residence of J C Weliamuna. The NPC views this attack as part of a broader assault on human rights, good governance, accountability and integrity in public life and thus demands stern action be taken against those responsible. We are particularly saddened by this attack as it had taken place at night, when his family and two young children were present.  Mr Weliamuna has been a colleague and partner in work we are doing.  We appreciate his courage and commitment to the rule of law and to integrity in public life.

Mr. J.C. Weliamuna is presently involved in a number of cases which deal with infringements upon fundamental rights and public interest litigation. Of particular interest are pending cases which involve government officials and member of the police force. Furthermore, last week Mr. Weliamuna made submissions to the Supreme Court, stating that a fellow lawyer had been subjected to death threats for fulfilling his professional duties.

The attack on Mr. Weliamuna is thus suggestive of a dangerous trend of intimidation and interference in the country s legal processes. The NPC views this attack as an attempt to harm and intimidate a lawyer and civil society activist and to possibly send a warning to all advocates of human rights, good governance, accountability and integrity in public life. This act of violent intimidation can be interpreted as a thinly veiled attempt to silence critical and dissenting voices in the country.

We join the Free Media Movement (FMM), civil society activists and the Bar Association of Sri Lanka s (BASL) in condemning this attack as an act which threatens not only us all but the very democratic values upon which our respective professions and institutions are founded.

Governing Council

The National Peace Council is an independent and non partisan organisation that works towards a negotiated political solution to the ethnic conflict in Sri Lanka. It has a vision of a peaceful and prosperous Sri Lanka in which the freedom, human rights and democratic rights of all the communities are respected. The policy of the National Peace Council is determined by its Governing Council of 20 members who are drawn from diverse walks of life and belong to all the main ethnic and religious communities in the country.

28th September 2008

The Free Media Movement (FMM) vehemently condemns the grenade attack last night on the residence of Mr. J.C. Weliamuna, prominent attorney-at-law, and Executive Director of Transparency International Sri Lanka (TISL). According to reports, the attack took place at around 11:45 p.m. on 27th September 2008, in which two grenades were thrown at Mr. Weliamuna’s residence, one of which did not explode. We understand that while there is damage to the house, there were no physical injuries sustained by Mr. Weliamuna or his wife and two infant children who were in the house at the time. In what has become a familiar if horrifying pattern in respect of similar attacks, Mr. Weliamuna’s residence is located in close propinquity to a police station (Kohuwela), an army camp (Kohuwela-Pepiliyana road, and close to which there is a regular army mobile checkpoint at night) and a major checkpoint and roadblock in an entrance to Colombo (the Saranankara Road bridge).

Mr. Weliamuna, who is a well-known human rights lawyer, presently appears in a number of important pending fundamental rights cases, some of which involve high officials associated closely with the present regime. In particular, we note that Mr. Weliamuna was counsel in a fundamental rights application involving serious police malpractice that came up for hearing last week, in which the Supreme Court ordered a special investigation regarding the police on questions relating to criminal intimidation and the filing of false charges against the petitioner by the police. In addition to his legal practice, Mr. Weliamuna is engaged in the public campaign against bribery and corruption in his work with TISL, as well as civil society advocacy in regard to the non-implementation of the Seventeenth Amendment to the Constitution. In the recent past, we note that TISL has published a Corruption Perception Index (CPI) and that Mr. Weliamuna has been an active voice against insidious attempts to whittle down the scope of the Seventeenth Amendment. 

FMM regards this attack as a matter of grave significance. It is an attempt to harm and intimidate a lawyer and civil society activist, and through such attacks to send a broader message to those who represent the cause of human rights, good governance, accountability and integrity in public life. This reprehensible act of violent intimidation therefore is an attempt to silence critical and dissenting voices, including civil society and the media. It also represents a clear challenge to the independence and integrity of the legal profession, and contempt for the rule of law and legal processes. FMM would urge the media and legal professions, civil society, and the judiciary to regard this attack as an act of aggression against all of us and the democratic values upon which our respective professions and institutions are founded.

FMM calls upon the responsible authorities to immediately conduct a full, independent, and impartial investigation into this attack with a view to apprehending and prosecuting the perpetrators, and to make such findings public as a matter of urgency. We hope that such an investigation will not go the way of such investigations in a countless number of cases before, whereby nothing tangible has ever resulted by way of bringing the culprits to justice. FMM would like to express its concern for and solidarity with Mr. Weliamuna and his young family at this time of acute distress.

(Hong Kong, September 28, 2008)

Last night at 11:40 pm in Colombo, Sri Lanka a grenade was thrown inside the house of the leading lawyer J.C. Weliamuna, who is the Executive Director of Transparency International in Sri Lanka, and a well- known human rights lawyer. Severe damage was caused to a part of the upper floor of the house, and the sound of the explosion was heard several miles away. After calling the police and examining the premises another unexploded grenade was found.

Mr. Weliamuna said that he has all his life had no personal enemies and therefore this attack has to be connected to his work.

Mr. Weliamuna has appeared in many sensitive cases relating to corruption and abuses of human rights. Several cases are pending in which some powerful politicians are the defendants. Last week Transparency International published a report, in which Sri Lanka was listed as 92 on the corruption list.

Mr. Weliamuna has constantly appeared in many well known human rights cases on behalf of victims of torture, extra-judicial killings and disappearances. Last Friday the Supreme Court issued special orders for investigation of a case that Mr. Weliamuna appeared in which a young man from Kandana complained of attempted assassination by some police officers.

Yesterday morning Mr. Weliamuna moved a motion at the Bar Association of Sri Lanka regarding a lawyer who has received death threats due to appearance in an extra-judicial killing case where the victim had been the complainant in two cases regarding police officers, for bribery and torture. The Bar Association unanimously resolved to pursue the complaint of the lawyer and condemned the interference into the work of lawyers and resolved to pursue the matter with the Inspector General of Police and other authorities.

"This attack is chilling but not surprising. Threats and attacks are targeted at everyone who tries to highlight the abuses of politicians and state officers," said Basil Fernando, the director of the Asian Human Rights Commission. "Now senior lawyers themselves are being targeted for nothing other than being engaged in their professional duties to their clients."

Fernando further said, "even at the worst times in the late 1980s no senior lawyer was targeted. What is taking place is a most comprehensive form of repression with the view to silence everyone who is making any attempt to seek protection of law. This is one of the most terrible times in the country."

The Asian Human Rights Commission calls on the Sri Lankan government to thoroughly investigate this matter with a Special Investigation Unit (SIU) of the Criminal Investigation Division (CID). There is all the likelihood of the investigation being mishandled unless special attempt is made for inquiries to be conducted by a competent and independent SIU.

It is also the duty of all the lawyers and the Bar Association of Sri Lanka to come strongly in support of one of its members who has taken a very keen interest in the rights of others.

The Supreme Court and the judiciary also need to take up the issue of the protection of the lawyers.

AHRC also calls upon the lawyers outside Sri Lanka to intervene with the Sri Lankan government to condemn this attack and also to ensure an independent inquiry by a competent body.

The UN agencies and the international anti-corruption and human rights organisations should intervene for the defence of one of the best known human rights defenders in Sri Lanka.

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

    
By T. Farook Thajudeen (Daily Mirror)
The hearing of senior journalist Jeyaprakash Sittampalam Tissainayagam’s voir dire inquiry was put off for October 2 and 6 by the Colombo High Court Judge Ms. Deepali Wijesundara as the scheduled witness Assistant Superintendent of Police Ranasinghe of the TID was ill and unable to attend court.

At the outset of yesterday’s hearing the Senior State Counsel Rohantha Abeysuriya informed court that the prosecution witness ASP Ranasinghe of the Terrorist Investigation Division (TID) was ill and would not be able to attend court to give evidence for another four days and requested that voir dire inquiry be fixed on another date

Mr. Anil Silva, defence counsel queried whether a medical certificate was being produced.

In this case J.S. Tissainayagam was indicted for an offence said to have been committed during the period between June, 2006 and June, 2007. He was charged with unknown persons committed an offence or abetted the commission of an offence which intends to cause the commission of acts of violence or racial or communal disharmony through the printing or distribution of a North Eastern Monthly magazine.

He was also charged for committing an offence by contributing or collecting or obtaining information or donating funds for the purpose of terrorism through the collection of funds from the magazine, which is an offence punishable under the Emergency Regulations.

Senior State Counsel Rohantha Abeysuriya appeared for the prosecution

Mr. Anil Silva with M.A. Sumanthiran, Sharman Gunasekera , Dhanaraj Samarakoon and Suresh Fernando appeared for the accused.

    
The Supreme Court today had allowed intervention by three media ( FMM, SLWJA.FMETU) and two rights groups ( CPA) in the FR case filed by a media station against Minister Mervin Silva. The case willbe taken up on 4th December 2008.

SOURCE: Writers in Prison Committee (WiPC), International PEN, London

(WiPC/IFEX) - International PEN's Writers in Committee protests the detention of Tamil journalists V. Jasikaran and J. S. Tissainayagam, who have been held for six months under terrorist legislation, apparently for their critical writings. PEN is also seriously concerned about allegations that both men have been subjected to torture and ill treatment by the Sri Lankan authorities in Colombo. International PEN seeks assurances of their well being, guarantees that their basic rights are being respected and demands that they are given full access to all necessary medical care as a matter of urgency. International PEN calls for the immediate and unconditional release of both journalists, in accordance with Article 19 of the United Nations International Covenant of Civil and Political Rights
(ICCPR) to which Sri Lanka is a state party.
 
According to International PEN's information, on 6 March 2008 V. Jasikaran, a Tamil journalist, owner of the E-Kwality printing works and reporter for the news website Outreach Sri Lanka ( http://outreachsl.com/en/ ), was arrested with his wife V. Valamathy, by the Terrorist Investigation Division (TID) in Colombo. The following day, on 7 March, Tamil journalist for the "Sunday Times" newspaper and editor of "Outreach Sri Lanka", Jayaprakash Sittampalam Tissainayagam, was also arrested by the TID, following a visit he made to the offices of the TID requesting information about the detention of his colleague. There were no detention orders for their arrests. Initial reports suggested that V. Jasikaran and J. S.
Tissanayagam were accused of receiving money from the Tamil Tiger rebel group; however it is widely believed that the two men are targeted for their reporting and analysis on the ongoing conflict between government forces and the Liberation Tigers of Tamil Elam (LTTE) in the northern part of the country. Several other Tamil journalists have been arbitrarily detained since 7 March 2008, including three contributors to the website www.outreachsl.com. They were released after being questioned. According to Amnesty International, "The Emergency Regulations, issued by the President, introduce broad-based and vaguely-defined 'terrorism' offenses, which have been used to silence critical journalists and generally suppress freedom of expression in Sri Lanka."

J.S. Tissainayagam was held under renewable 90-day detention orders for five months before being charged on 25 August 2008 as follows: 1) offences under the Prevention of Terrorism Act: in respect to printing, publishing, and distribution of the magazine "North Eastern Monthly", between 1 June
2006 to 1 June 2007; 2) offences under the Prevention of Terrorism Act in respect of bringing the government into disrepute by the publication of articles in said magazine; and 3) the violation of Emergency Regulations by aiding and abetting terrorist organisations through the raising of money for said magazine. It is said that "North Eastern Magazine" was known to be a pro-Tamil English-language publication that closed down over a year ago.
It was not considered to be pro-LTTE. His trial is due to start on 18 September 2008.

On 19 March, J. S. Tissainayagam filed a complaint before the Supreme Court, claiming that since his arrest he had been tortured, suffered discrimination because of his ethnicity and denied equal protection under the law. He is held with very limited access to his family, legal representation and to information on his case. J. S. Tissainayagam requires surgery for a detached retina and he has been denied full access to the medical care he needs. He is being held in very poor prison conditions, which together with high levels of stress and exposure to light could seriously damage his sight.

Fellow Tamil journalist V. Jasikaran has also reported being subject to torture since his arrest. On 23 June, V. Jasikaran stated in court that he had been assaulted by members of the TID and the police during his detention. Reports say that V. Jasikaran's wife, who is also detained in the case apparently solely for her association with V. Jasikaran, had undergone an operation shortly before her detention, and has been denied access to medical care.

It is not yet clear if V. Jasikaran and his wife have also been charged.

RECOMMENDED ACTION

Send appeals to authorities:
- expressing serious concern about the detention of J. S. Tissainayagam and V. Jasikaran, who appear to be held solely for their legitimate journalistic activities
- calling for their immediate and unconditional release in accordance with Article 19 of the United Nations International Covenant of Civil and Political Rights
- urging them to ensure that J. S. Tissainayagam and V. Jasikaran are not tortured or ill-treated, and that they are allowed unrestricted access to their families, defence and the specialist medical care they require while in detention
- expressing concern about an apparent pattern of repression against journalists and human rights activist in Sri Lanka

APPEALS TO:

His Excellency the President Mahinda Rajapaksa Presidential Secretariat Colombo 1, Sri Lanka
Fax: +94 11 2446657

Hon. Amarasiri Dodangoda
Minister of Justice and Law Reforms
Ministry of Justice and Law Reforms
Superior Courts Complex,
Colombo 12, Sri Lanka
Fax: +94 11 2445447

H. M. G. S. Palihakkara
Ambassador
Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations #630, 3rd Avenue (20th Floor) New York 10017 United States America Fax +1 (212) 986-1838
E-mail: mail@slmission.com

Please copy appeals to the diplomatic representative for Sri Lanka in your country and to the source, if possible.

“This attack has the earmarks of an assassination attempt. The government must immediately act to bring the perpetrators to justice. Sri Lanka’s record of impunity for those who attack journalists is a disgrace, and that record must be reversed now,” said Bob Dietz, CPJ’s Asia program coordinator. 

CPJ is a New York–based, independent, nonprofit organization that works to safeguard press freedom worldwide. For more information, visit www.cpj.org.

9^th September 2008, Colombo, Sri Lanka: The Free Media Movement (FMM) is appalled to note and strongly condemns the attempt made on the life of journalist Radhika Devakumar in Batticaloa in the late evening of 8^th September.

A gang of unidentified  gunmen entered her house around 7.30pm and shot her at point blank range. They fired three shots that entered her shoulder, abdomen and chest injuring her critically. Family members were able to transport her immediately to the teaching hospital of Batticaloa, where emergency medical care saved her life. She is still in the Intensive Care Unit.

Radhika was working as a provincial correspondent for the Tinakaran Tamil language daily, published from Colombo for last the 8 years.  She also worked as freelancer for Shakthi TV and ran her own media development organisation in close proximity to Batticaloa town.  During 2005 – 2007 she worked as a radio programme producer for Internews. In 2007 she won the national award for Reporting Diversity and Respect for Tolerance, in a public service media award programme organised by the five leading media organizations in Sri Lanka.  She was also the media secretary for Eastern Province Chief Minister Sivanesathurei Chandrakanthan of the TMVP in June this year. She was the media secretary of another minster in the Eastern Provincial Council at the time of attack.  

The FMM has consistently noted that journalists cannot and should not take up partisan political positions, hold public office or function as advisors to party political groups as it invariably informs their frame of reference and undermines accurate and impartial journalism. Journalists must be independent and impartial.

However, intimidation, harassment and death threats to journalists, especially Tamil journalists, have been on the rise over past two and a half years. Although more than dozen journalists and media workers have been killed during this period, not a single case has been investigated to completion. Disturbingly, we now see a pervasive culture in Sri Lanka where disagreements (especially with journalists) default to violence and intimidation as a means of resolution, and with complete impunity.

This must stop. Condemning this brutal attack, we demand that the government initiates an independent and open inquiry into this shooting.  The failure to protect journalists in Sri Lanka is a sign that the rule of law is hostage to armed groups and does not bode well for any sustainable and meaningful peace in Sri Lanka.

In a statement, the local media rights group said the correspondent for Tamil newspaper 'Thinakaran' for the past eight years' was shot by unidentified gunmen at her home at Kalladi, Batticaloa.

She is still in serious condition at Batticaloa Hospital.

Ms. Devakumar also served as the media coordinator for east chief minister Sivanesathurai Chandrakanthan alias Pillayan for a short period.

At a media awards presentation last year organized by Five Media, she was recognized for her services to the field.

The statement urges authorities to conduct a speedy investigation and bring the culprits to book.

It also called for safeguards for the protection of journalists and an atmosphere conducive for them to engage in their profession freely

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.”

Following is the full text of the letter sent by DBSJ
Mr. Prasanna Wickramasuriya and Mr. Nilanka Rajapakse
Rivira Media Corporation
Colombo
September 3rd 2008
Dear Mr. Wickramasuriya and Mr. Rajapakse
As you both would be aware I have been writing regular columns and articles for “The Nation” and “The Bottom Line”. I began writing from September 2007 mainly due to the efforts of the Rivira media corporation’s former Chief executive officer Mr. Krishantha Prasad Cooray.
Though I have enjoyed this stint with Rivira media corporation and would very much have liked to continue even after a new management took over recent events have forced me to take a painful decision.
It is with regret that I inform you officially that I would not be writing for Rivira Media coroporation publications in the future.
It is indeed a pity that my first direct communication to you both should be of this negative nature but I have been left with no valid choice other than this. I would therefore like to outline my reasons in greater detail instead of merely writing a short, polite note as is usual in such instances. My intention is to protest over recent developments at “the Nation” and to point out that the newspaper is heading for disaster unless an urgent course correction is effected. Since I am more at home in writing an article rather than a letter I am writing this as some sort of a first person account I do hope that it is received by both of you in the correct spirit.
Let me begin by briefly tracing recent events leading to my decision. When I teamed up with “The Nation” last year both the CEO Krishantha Cooray and Editor Lalith Alahakoon gave me an assurance that I would enjoy the same freedom I had at “The Sunday Leader” and “The Morning Leader”. These were gentleman’s agreements and were honoured diligently by both in the past. The same assurance was provided and honoured by “The Bottom Line” Editor Nisthar Cassim when I commenced writing for that paper also. The independence provided to me as well as the phenomenon of a dedicated team striving to run a “Fiercely independent” paper strengthened my belief that I would be happy at “The Nation”.
“The Nation” had a talented young team with a much respected Editor and Associate Editor and a dynamic CEO at the helm. I knew that this was a winner and felt proud to be associated with the paper. And then the world crashed around “The Nation”. It has been the modus operandi of the Liberation Tigers of Tamil Eelam to use a combination of violence, intimidation and money power to convert institutions and individuals to their point of view. This is exactly what happened to Rivira Media corporation.
First there was violence and our lovable Associate Editor Keith Noyahr was abducted , brutalised and tortured. He is now a refugee in a foreign land. No action has been taken to apprehend those responsible. What has Rivira media corporation done to seek justice for Keith Noyahr? Has the company paid any compensation to this tragic victim whose only crime was to raise pertinent doubts about those in power?
I have no doubt that if Krishantha Cooray had remained in Sri Lanka as CEO he would have tried hard to obtain justice for Keith. But Krishantha was the next victim. There was a credible threat to his life and KP Cooray was also forced to flee the Country. Then came the death threats to the Editor Lalith Alahakoon. He too was forced to seek temporary refuge abroad.
It is against this backdrop that the “transition” took place. In Mafia jargon “an offer that could not be refused” was made to Sena Yaddehige. A new duo comprising Prasanna Wickramasuriya (51%) and Nilanka Rajapakse (49%) took over. Thus Krishantha Cooray was no more the CEO Everything was in a state of flux , fear and uncertainty in late May and June.
It was only the determination and resolve displayed by a few at “The Nation” that enabled the paper to be put out in those weeks. Among those who rose up to the occasion I must single out senior sub – editor Marianne David for special praise. Her role was invaluable in the paper pulling through in those dark times.
I myself was deeply troubled by all what was happening. The newspaper may have changed hands but my soul and conscience had not been bartered away. The violence and intimidation as well as the circumstances surrounding the change of management left a bad taste. My instinctive reaction was to register my protest at what happened by quitting “The Nation”. Yet I did not do so for four reasons.
Firstly I did not want to abandon my colleagues who had limited options and wanted to remain at the paper notwithstanding the changes; Secondly I felt it was not fair to assume the worst at the outset and move out before giving the new management an opportunity to prove its bona fides. Thirdly I did not want any accusation against Krishantha Cooray that he was conspiring against the paper. In fact Krishantha strongly urged me to remain with “The Nation” Fourthly Lalith Alahakoon had indicated that he would return and run the paper.In the absence of Krishantha and Keith I felt some moral support should be extended to Lalith.
So I decided to continue with “the Nation”. I also persuaded some other colleagues to remain with the paper saying “ let’s give it a try and see”. There were some hassles caused by the turbulent transition and for a short time I too was not sure of  what plans the new management had for me. But my doubts were soon cleared and I was convinced that the new management very much wanted me to continue. Thus when some other newspapers tried to enlist me I told them politely that I intended continuing at “The Nation” unless something drastic occurred.
Despite these intentions and a keen effort to continue with “The Nation” the course of events indicated that all was not going to be well. I am well aware that usually a change of policy is brought about by a new ownership. The ideal would be for a frank discussion with the editors to identify relevant issues followed by the issuance of policy guidelines. I accept the fact that the management has the right to evolve policy. But my viewpoint is that the management having issued policy guidelines should not interfere with the day to day administration of the editorial. That is a matter left to the Editor alone.
But what happened here was that no guidelines were issued and senior journalists were asked to act according to their “common sense”. The problem here is who defines what is common sense? There is no commonality about common sense.As a result there is a lot of confusion in the paper. To make matters worse the hands of Lalith Alahakoon became increasingly manacled. The sudden elevation of business editor Gamini Abeywardane as senior Associate editor created an alternate centre of power in the Editorial.
It was indeed pathetic to see Mr. Abeywardane referring to Mr. Nilanka Rajapakse frequently to determine the fate of news stories. When “Montage” editor and contributing writer to “The Nation” Frederica Jansz was issued a death threat even a single column story about it was pulled out of the paper as instructed by Mr. Rajapakse. I have been observing with dismay the deterioration setting in at the newspaper. It is blatantly obvious that news and views regarded as anti – government are being blacked out or reduced in tone or content.
Stories perceived as being detrimental to UNP interests are finding greater prominence and coverage. Moreover some pro – government and anti – opposition stories being carried are obvious plants and hand – outs. From my observation, Mr. Nilanka Rajapakse seems to be more at fault in this respect than Mr. Prasanna Wickramasuriya. Ironically it is Mr. Wickramasuriya who is the kinsman of President Rajapakse and not Nilanka who is no relative despite being namesakes. In practice Nilanka seems to be trying to prove that he is of the “Rajapakse clan” too.
Thus there has been a very heavy hand of self – censorship being imposed on the paper now. The trend is more sunshine stories about the government and the growing absence of news regarded as anti – government. Again there is confusion about defining what an anti – government story is. Even the publication of news from the government gazette is at times frowned upon.
I am reliably informed that Mr. Nilanka Rajapakse was told of the paper’s credibility being eroded by this shameless exercise of sycophancy. But he reportedly replied “ I don’t care. His Excellency’s friendship matters to me more than all this”. This may augur well for Mr. Nilanka Rajapakse but it certainly does not for the independence of journalists or freedom of the press.
I too had to experience internal censorship last week. As for myself I am not a defence writer though I write about the war at times. But in recent times I have devoted much space in my columns to the war and related developments. This is because our regular military affairs writer “Senpathy” (Keith) is no more with the paper. Since the war in the wanni is currently the hot topic I did not want our readers short- changed in this respect. Since there was also a specific request from Lalith I have been functioning like an unofficial defence correspondent in recent times though often spotlighting the predicament of people affected by the fighting.
Last week I wrote one article about the advances made by the army in three places in the Wanni. I had also planned on writing about the LTTE bombing in Trincomalee. I had spoken with many Trinco residents on the phone and obtained information that contradicted claims made in Colombo about the bombing.
To my disappointment I was prevented from writing about the new information I had gathered. I was told that it would be provocative to those in the corridors of power. So there was no news or article in “The Nation” about the Trincomalee bombing. Sadly for “The Nation” all other newspapers had a lot to say on the incident. Obviously I was angered at this and intended pursuing the matter during this week with those concerned. I wanted to point out that I could not continue writing about the war from a military perspective alone and that if and when the LTTE struck decisively such acts should also be written about.
I also felt that this action was but a straw in the wind. I felt that things could only get worse and thought to myself that the time for moving out was drawing near. I was only pondering “When”? However events  began overtaking.
A news story about our ambassador to the USA Mr. Jaliya Wickramasuriya writing to foreign secretary Palitha Kohona was published in “The Nation” on August 24th. Since our envoy to the US is the elder brother of Mr. Prasanna Wickramasuriya great offence was taken at what was basically an innocuous story which appeared in other papers also. When inquiries were conducted Lalith Alahakoon took responsibility for the alleged “lapse”. He was summoned to Mt. Lavinia Hotel by Nilanka Rajapakse who asked Alahakoon to tender his resignation. Mr. Alahakoon quite rightly refused and asked that he be fired if the management did not want him.
What happened next was something that occurs frequently in the Govt controlled “Lake House” but not what one would expect to happen in an independent concern like Rivira media corporation. Mr. Alahakoon was relieved of all responsibilities and has been “kicked upstairs” like in Lake House. Gamini Abeywardane is placed in charge and all news stories and articles are to be cleared by him.
If Abeywardane had any concept of professional ethics or integrity he should have declined but he did not. So we have a servile sycophant at the helm now. I belong to the old school of journalism and have old – fashioned values. The emasculation of the editor in this manner and elevation of a management acolyte is totally unacceptable. From a management perspective Mr. Wickramasuriya and Mr. Rajapakse would opine that having invested millions of rupees in the venture they retain the right of deciding how they run the paper they have acquired. They can support the government unconditionally, do a hatchet job on the opposition, black out all adverse news stories and run only sunshine stories, humiliate the editor so that he would resign on his own and promote toadies who would suck up to them. If anyone points out that such a course could erode credibility and eventually cause a decline in sales their answer could very well be “it’s our money stupid!” They would not be wrong in their minds to make such an assertion.
On the other hand those of us who do not agree with this position have only two valid options. One is to accept the change and be subservient to the new management’s dictates while the other is not to accept this change and depart voluntarily. Accepting this flagrant injustice and arrogant use of newly acquired power is an unpalatable option for me. To go along with the newspaper after its Editor being treated so shabbily would be tantamount to accepting and endorsing injustice and arrogance abuse of power. In this dark cloud hovering in our journalistic skies there was one , visible silver lining. I am impressed and inspired by the actions of two of my young colleagues.
When Lalith Alahakoon summoned an editorial meeting to inform staff of what had happened most journalists were upset and angry. Two of them tendered their resignations immediately as a mark of protest. The news editor Munza Mushtaq and chief sub – editor designate Marianne David gave a month’s notice in their resignation letters handed over on Saturday August 30th. On Monday Sep 1st they were informed that their letters were accepted and asked to vacate premises immediately.
At a time when the conduct of people like Gamini Abeywardane made me depressed over the tragic plight of journalists in Sri Lanka , the resignations of Munza and Marianne on a matter of principle, makes me hopeful that all is not lost for the tribe of scribes in Sri Lanka. I am very proud of these two young colleagues of mine.
The only way that I can demonstrate my support and solidarity to them is by quitting Rivira media coroporation along with them at this juncture. I waited two days before informing you officially as September 3rd is a significant day for me. I herewith inform you officially that I would not write for Rivira media corporation.
Let me conclude by referring nostalgically to “The Nation” that I joined last September and “The Nation” that I leave this September. When my first article appeared in “The Nation” of September 9th 2007 Krishantha Cooray was CEO, Lalith Alahakoon was Editor and Keith Noyahr Associate editor. Marianne David was subbing my copy.The sun was shining! When my last article appeared today in “The Bottom Line” of September 3rd 2008 Krishantha is no more the CEO; Lalith has been devalued as editor; Keith has left the Country and Marianne has resigned. It’s darkness at Noon!
It was the Greek philosopher Heraclitus who observed that one cannot step into the same river twice and that the river you are in was not the same one you stepped into earlier. Yes, “The Nation” that I stepped into last year is not “The Nation” that I am in right now. The river has changed even while I was in it. It is time then to step out of the changed river!!
Thank You
With Best Regards
David Jeyaraj
(D.B.S.Jeyaraj)

O título devia ser "O duro trabalho de um fotógrafo". Mas vai assim. Quando tive a oportunidade de trabalhar para uma revista de música, as pessoas que me conheciam ficavam cheias de inveja por me pagarem para ver concertos. Bem, é divertido mas implica trabalho, e garanto-vos que eram os 1500 caracteres por artigo mais custosos da minha vida, por falta de espaço ou de referências. Mas diverti-me muito, acreditem. Quem eu passei a respeitar foi mesmo o fotógrafo com quem ia, que tirava milhares de fotos para se aproveitar apenas uma. Aprendi muito a vê-lo trabalhar, a usar diferentes lentes, a procurar perspectivas novas, a procurar o momento expressivo que transmitisse a alma do concerto. E sei que as melhores nunca niguém as viu. Foi disso que me lembrei quando vi esta série de posts do Mário Pires, sobre o seu trabalho no Festival Músicas do Mundo em Sines este ano. Não só partilha connosco algumas fotos fantásticas como explica as dificuldades e o que procurava em cada concerto, em cada foto. Acho que os profissionais deveriam fazer isto mais vezes: não só apresentar o seu trabalho, mas partilharem as experiências retiradas do processo. Tanto leitores comuns como entusiastas ganham com isso, como acho que se passa a respeitar o profissional que passa horas a trabalhar, quando todos se estão a divertir. Se bem que eu sei que o Mário se diverte muito, senão não o faria. Só tenho pena de não ter estado em Sines, mas isso fica para a próxima.

The headline should be "The photographer's hard work". But i'll leave it like that. When i had the chance to work for a music magazine, some people who knew me were pretty darn jealous because i was getting paid to go to concerts. Well, it's fun , but it also means a lot of hard work, and i can assure you those were the hardest 1500 characters per article i've ever had to write, due to lack of space or references. But i had my fun, believe me. Who i got to respect back then was the photographer who teamed up with me, that took thousands of photos just to publish one. I learned a lot watching him work, using the different lenses, looking for new perspectives, seraching for the expressive moment that conveyed the soul of that concert. And i know that the best ones nobody ever saw them. That is what came to my mind when i saw this series of posts by Mário Pires, about his work at the World Music Festival in Sines this year. Not only does he share with us some fantastic pictures, but he also explains the difficulties and what he was looking for in each concert, for each picture. I feel that professionals should do this more often: do more than show off their work, but also share the experiences they took from the process. Both regular readers and enthusiasts have something to gain from that, and i also think that we get to respect the pros that work for long hard hours , when everyone else is having fun. Though i know Mário had lots of fun, or else he wouldn't do it. I just regret the fact i couldn't be at Sines this year, but next time i'll be there.

Fazer a cobertura fotográfica de um festival como o de Sines, é um desafio estimulante, mas que tem o seu preço.
Já há muito tempo que o trabalho do fotógrafo não se reduz apenas ao momento em que coleccionamos uma série de momentos no nosso material de captação favorito. Uma vez terminado o evento, há que preparar o material para a fase seguinte, a escolha e a edição das imagens a apresentar.
Se o concerto foi frutuoso, temos pela nossa frente muitas imagens para visionar antes de fazer a escolha. Nos casos de concertos pouco variados visualmente, essa escolha está facilitada.
Quando um dia de concertos começa às 19:00h e se pode prolongar até ás 06:00 do dia seguinte, todas estas questões se tornam mais importante do que quando o objecto é um concerto único, mais ainda quando temos pela frente dez dias seguidos de concertos.
Para além de todas as questões já referidas, há também que contar com alguma resistência física para aguentar o ritmo sem falhar.
No final de tudo, o importante é a impressão que perdura muito depois de tudo ter terminado, no caso de Sines a impressão é a de que foram dias intensos e bastante frutuosos em termos de fotografias que me satisfazem o crivo crítico (devemos sempre ser os nossos mais implacáveis críticos).

Mário Pires,The Sines Photo Report I

MTV Channel (Pvt) Limited and MTV journalistJ. K. A. Waruna Sampath filed these applications citing Labour Relations and Manpower Minister Mervyn Silva, Peliyagoda Police SSP K. D. Somapala, The Inspector General of Police, Peliyagoda Police HQI Jagath Rohana and the Attorney General as respondents.

The petitioners complained that Mervyn Silva manhandled, assaulted and forcibly snatched two video cameras from media personnel attached to the television company who were present to cover the ceremonial opening of the second stage of the flyover bridge at Kelaniya on August 8, 2008, on an official government invitation.

They complained that the media personnel were subjected to cruel and degrading and inhuman treatment and their freedom of movement and freedom of expression were violated by the respondent.

The petitioners stated that, when they were at the scene to cover the ceremony, Mr. Silva had come there and told the MTV media personnel to leave the place. When they informed him that they had come at the invitation of the media secretary of the Minister of Road Development, their cameras had been snatched. When the media personnel protested Mr. Mervyn Silva had grabbed Waruna Sampath by his collar and asked for the cassettes.

This unlawful incident had taken place in the presence of senior law enforcing officials and, unfortunately, instead of providing security they had left the place despite the victimised media personnel pleading for help. Later, when the petitioner went to make a complaint to Peliyagoda  SSP D. Somapala, he had asked the media personnel why they had come to Kelaniya when Mervyn Silva had ordered them not to.

The petitioners also stated that President Mahinda Rajapaksa and several senior government ministers and other groups had condemned Mervyn Silva’s alleged conduct.

The petitioners complained that their fundamental right to freedom of expression had been infringed due to the attack by the minister and the failure of the police to enforce law and order.  They asked court to declare that intimidation by Mervyn Silva against the MTV journalist and his colleagues and his seizure of the cameras and cassettes were wrongful and illegal.      Journalist Waruna Sampath claimed Rs. 10 million as compensation while MTV asked for Rs. 100 million.

30th August 2008, Colombo, Sri Lanka: The Free Media Movement (FMM) is outraged to note and expresses its serious concern over completely unverified and unsubstantiated pro-LTTE allegations by State controlled against independent media and journalists in Sri Lanka. This has been a recurrent occurrence in State media used as a tool by the Government to name and shame journalists who report inconvenient truths as those who are partial to or in the pay of the LTTE.  

In the latest attempt to vilify independent journalists, the State controlled Sinhala language daily Dinamina carried a front-page headline story on 28th August alleging that high level investigations were underway on a group of journalists who supported LTTE though the Hiru newspaper. (Hiru puwathpathin koti pimboo madaya kandayamak gena ihala pele parikshana). The news story with the byline of Wijayani Edirisinghe used anonymous “sources” to speculate that the group of journalists who run the Hiru newspaper might have colluded with the LTTE intelligence section. Further, the news report claims the LTTE had given 6 million Sri Lankan rupees (approximately US$ 55,684) to the newspaper. 

Hiru is a Sinhala language weekly with an editorial line supportive of a political solution to ethnic issue in Sri Lanka based on the right to self determination. It ceased to exist in early 2005.

These unproved, unverified allegations were given a wide publicity by State controlled electronic media on the same day, putting the lives of the journalists associated with the story at grave risk.

On 26th June 2008, Dinamina carried a lead story with, also by Wijayani Edirisinghe, that “police intelligence has received information on a group of members connected to the LTTE sent to Norway through Denmark as journalists by the Sri Lanka Press Institute.  This foreign tour has taken place in 2007.” In a press release issued on the same day, the Sri Lankan Press Institute (SLPI) said in response that it strongly refuted this story and that it was baseless, misleading and factually incorrect.

The day before Tamil female journalist Parameshwari was released without any charges filed against her after months of detention by the infamous Terrorist Investigation Department (TID), Dinamina carried a news item, again by Wijayani Edirisinghe, stating that Parameshwari will be charged for aiding and abetting terrorism.

There are a number of other disturbing examples where journalists and media institutions were labeled as pro-LTTE by State media without a single shred of evidence and any credible sources or facts.

Given the incarceration and charges leveled at journalis J.S. Tissainayagam under the draconian Prevention of Terrorism Act (PTA) it is clear the government of Mahinda Rajapakse is targeting independent journalists and media with a vengeance. The systematic and repeated inflammatory allegations leveled by Dinamina against independent media are a case in point.

The FMM stands by the right of Hiru and its journalists to voice their opinion. The Freedom of Expression and the Freedom of Thought are not those that can be governed by the arbitrary diktat of the Executive or at the whim and fancy of a government under his control.  They are, fundamentally, the pillars of democracy.

Unscrupulous and sordid journalism on the lines of the Dinamina creates a fear psychosis that stifles free expression and encourages self-censorship. A government that never fails to claim that media is free in Sri Lanka is tellingly completely silent when media it fully controls viciously attacks independent media.

This must stop.

28 August 2008, Colombo, Sri Lanka: The Free Media Movement (FMM) notes that students of the Colombo University Medical Faculty harassed and assaulted three journalists and took away three cameras belonging to them. This incident iccured when journalist Yamuna Harshani and photojournalist Janaka Galappaththi of the daily Lankadeepa newspaper were obtaining opinions from the students on the on-going boycott of examination paper-marking by teacher’s Unions. There was no any provocation or exchange of any words before the journalists were assaulted by some of the students. TV journalist Dushantha Manoj was also assaulted when he arrived on the scene when he received a call from the journalists who were assaulted asking him to cover the incident. 

The journalists told to the FMM that they could identify if called upon to do so the medical students who assaulted them. All three journalists lodged complaints at the Cinnamon Garden Police Station soon after the incident. 

The FMM condemns this assault. It is very unfortunate that students resorted to violence, without any provocation, against journalists who were simply doing their duty in reporting an important social issue. At the same time, we note that this assault took place in front of two police officers, who had done nothing to stop the students.

The police later recovered the three cameras taken snatched by medical students. The FMM demand that the police make public the measures they have taken against the persons who had snatched the cameras.

We note that this growing culture of unbridled and open violence against journalists is in the context of, and to a large degree even animated by, the actions of Minister Mervyn Silva – a notorious thug in the Government reviled for his attacks against media personnel – and the inaction of the Government and Police to meaningfully discipline him. Violence against media by those in high public office, as well as aiding and abetting those who commit such acts of violence gives rise to a culture of impunity that sadly gives rise for incidents of this nature, where students protests suddenly turn into lynch mobs.

The Police, by bringing the culprits of this assault to book, can restore confidence in the rule of law and disabuse the misguided notions of students that violence has no consequences. The failure to do so fuels, at all levels of polity and society in Sri Lanka, a growing intolerance of and violence against independent media.

 
  
By Susitha R. Fernando
MTV Channel, and one of its journalists who was allegedly attacked, have filed two fundamental rights applications in the Supreme Court against Minister Mervyn Silva and the IGP, claiming Rs. 110 millions as compensation.

MTV Channel (Pvt) Limited and MTV journalist J. K. A. Waruna Sampath filed these applications citing Labour Relations and Manpower Minister Mervyn Silva, Peliyagoda Police SSP K. D. Somapala, The Inspector General of Police, Peliyagoda Police HQI Jagath Rohana and the Attorney General as respondents.

The petitioners complained that Mervyn Silva manhandled, assaulted and forcibly snatched two video cameras from media personnel attached to the television company who were present to cover the ceremonial opening of the second stage of the flyover bridge at Kelaniya on August 8, 2008, on an official government invitation.

They complained that the media personnel were subjected to cruel and degrading and inhuman treatment and their freedom of movement and freedom of expression were violated by the respondent.

The petitioners stated that, when they were at the scene to cover the ceremony, Mr. Silva had come there and told the MTV media personnel to leave the place. When they informed him that they had come at the invitation of the media secretary of the Minister of Road Development, their cameras had been snatched. When the media personnel protested Mr. Mervyn Silva had grabbed Waruna Sampath by his collar and asked for the cassettes.

This unlawful incident had taken place in the presence of senior law enforcing officials and, unfortunately, instead of providing security they had left the place despite the victimised media personnel pleading for help. Later, when the petitioner went to make a complaint to Peliyagoda  SSP D. Somapala, he had asked the media personnel why they had come to Kelaniya when Mervyn Silva had ordered them not to.

The petitioners also stated that President Mahinda Rajapaksa and several senior government ministers and other groups had condemned Mervyn Silva’s alleged conduct.

The petitioners complained that their fundamental right to freedom of expression had been infringed due to the attack by the minister and the failure of the police to enforce law and order.  They asked court to declare that intimidation by Mervyn Silva against the MTV journalist and his colleagues and his seizure of the cameras and cassettes were wrongful and illegal.                                 

 Journalist Waruna Sampath claimed Rs. 10 million as compensation while MTV asked for Rs. 100 million.

The condemnation came a day after authorities formally charged J.S. Tissanayagam with inciting racial hatred and bringing disrepute to the government.

The journalist, who has been in detention since being arrested in March, is also accused of supporting terrorism by collecting money from donors to publish his website in the country racked by deadly civil war.

The New York-based Committee to Protect Journalists (CPJ) said it condemned the Colombo High Court's indictment of Tissanayagam.

The journalist was brought to court to hear the charges and a hearing was slated for next month. He has denied all the accusations.

"We condemn J.S. Tissanayagam’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," he said.

Tens of thousands of people have died since the the Liberation Tigers of Tamil Eelam (LTTE) launched a separatist campaign in 1972 to carve out a homeland for minority Tamils in the majority Sinhalese island's north and east.

Sri Lanka's Free Media Movement also denounced the use of the Prevention of Terrorism Act against Tissanayagam, an ethnic Tamil, for an article he wrote in 2006.

20th Aug 2008/The Free Media Movement (FMM) learns from reliable media sources that journalist J. S. Tissainayagam, who has been held in detention in the custody of the Terrorist Investigation Department (TID) since 7th March 2008, has finally been indicted in the High Court, which has issued notice.

While FMM has not so far seen a copy of the indictment, reliable sources suggest that it contains the following charges against Mr. Tissainayagam, viz., (1) offences under the Prevention of Terrorism Act (PTA) in respect of the printing, publishing, and distribution of the magazine known as the ‘North Eastern Monthly’ (sic) during the period between 1st June 2006 and 1st June 2007, (2) offences under the PTA in respect of bringing the government into disrepute by the publication of articles in the said magazine, and (3) the violation of Emergency Regulations issued under Gazette Extraordinary 1474/5 of December 2006, by aiding and abetting terrorist organisations through the raising of money for the said magazine.

FMM is dismayed that, after five months of detention purportedly for the purposes of investigations by the TID, and in which considerable procedural leeway has been given the authorities by the courts, the Attorney General has only been able to frame charges against Mr. Tissainayagam on such manifestly insubstantial and absurd grounds as these. It appears that the authorities are desperately attempting to manufacture grounds on which to prolong the incarceration of Mr. Tissainayagam using legal provisions that can only be described as oppressive. We note that at least in respect of the allegation of bringing the government into disrepute, there is no corresponding criminal offence recognised by the law of Sri Lanka, and are therefore at a loss to understand how someone can be charged for the commission of a non-existent offence. These concerns raise several questions of very grave significance for the protection of fundamental human rights in general, and the freedom of expression and the independence and integrity of the media in particular.

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. FMM also notes that this is the first occasion since it was enacted in 1979 that a journalist has been charged under the PTA, in respect of matters arising directly from the practice of his profession. The PTA not only undermines universal principles of procedural justice and confers inordinate powers in the hands of the executive; it also directly undercuts the freedom of expression and the media by allowing content control by the executive on pain of penal sanction.

Local and international human rights groups, including FMM, have consistently argued from the inception that the Emergency Regulations of December 2006 were wholly inconsistent with fundamental rights guarantees under both the Sri Lankan constitution and international law. In our statement protesting the promulgation of these regulations in December 2006, we noted that the wide, overbroad language of several of the regulations, could allow for the possible criminalisation of a range of democratically legitimate activities of the media and civil society, and curtail free expression and dissent. FMM was clearly of the view that, “Taken together, it is inconceivable that such a broad conferral of powers can be exercised without imminent abuse and violation of fundamental rights, especially in the context of the current challenging security environment” (see FMM Statement of 7th December 2006; see also the contemporaneous press releases by the Centre for Policy Alternatives (CPA) and the International Commission of Jurists (ICJ)). With the indictment of Mr. Tissainayagam this week on what is factually an extremely weak foundation, our worst fears with regard to the dangers of such authoritarian and unconscionable legislation have been confirmed.

The FMM is of the unequivocal opinion that the legal framework established by the PTA and the Emergency Regulations of December 2006 is inconsistent with international standards governing the balance between legitimate national security considerations and the freedom of expression, as reflected in the UN-endorsed Johannesburg Principles. The language of the legislation is imprecise and overbroad, they require no rational nexus or proportionality between the restrictive measures and the harm sought to be averted, they do not provide meaningful means of review and appeal, impose disproportionate penalties, and are grossly discriminatory in operation.

Both these pieces of legislation therefore are, as the charges against Mr. Tissainayagam amply demonstrate, a direct attack on the freedom of expression and the freedom of the media. It represents nothing less than an attempt, by making an example of Mr. Tissainayagam, at the suppression of alternative viewpoints and dissent, open debate and the contest of ideas central to the democratic way of life. It also represents an attempt to silence media professionals into submission through the use of anti-terrorism legislation.

We urge all Sri Lankans to regard the prosecution of Mr. Tissainayagam on these grounds as a serious threat to democracy and human rights in Sri Lanka, which we disregard at our peril. We also urge the international community to take due note of this cynical abuse of emergency powers, and to make the relevant interventions with the Sri Lankan authorities. FMM hopes that the judicial process in Sri Lanka will vindicate the confidence we repose in it to do justice with regard to Mr. Tissainayagam, and to safeguard the democratic values that are cherished by all Sri Lankans as their birthright

According to Ms. Jayasena, the incident occurred on 15th August 2008 as she was returning to her office after covering the protest rally. A motorcyclist who followed the three-wheel taxi she was travelling in blocked her way, stopped the taxi and asked her if she can recognize him. Ms. Jayasena told him that she has seen him at the press conference held by Mangalam Master, the TMVP candidate for the Polonnaruwa Provincial Council Election. Then the TMVP supporter/member had told her  that he had come there not to leave any one alive and that  he arranged a whole group to do the job.
 
Journalist hakshila has lodged a complaint regarding this threat made against her at the Polonnaruwa police station (No. 376/174).  The FMM views this threat, coming from an armed group engaged in the Provincial Council Election as an omen of worse media repression in the Eastern Province. If these threats are not addressed at the outset, the FMM is deeply concerned the TMVP will treat media in much the same manner as the Government treats media in the South, which is to say that they will violently clamp down on all dissent and independent reporting.  We recall that a number of threats against journalists from the TMVP over the past months that have been brought to the notice of the FMM.
 
We demand an apology from the TMVP over this regrettable incident and ask them to respect the freedom of expression and media freedom in areas under their control, if they wish to convince us of their newfound democratic bias. We also request the Polonnaruwa police to initiate a quick and transparent inquiry in to this incident to ensure that all journalists will be able to report the upcoming Provincial Council Elections without fear and intimidation.