ARTICLE 19 and Index on Censorship believe the accusations against Tissainayagam are politically motivated.

Background
Sri Lanka’s Terrorist Investigation Division arrested Tissainayagam, an ethnic Tamil, who was the editor of news German Government funded web site OutreachSL in 7 March 2008. He had been working on a number of critical stories about the government’s military campaign and its track record on constitutional and civilian protection.

Kept in jail without charge almost 6 months since March 2008, the Sri Lankan authorities finally on 25 August accused him of terrorism charges on the basis of his activities as the editor of a website and his having authored, published and distributed the North Eastern Monthly between June 2006 and June 2007.

Tissainayagam is the first journalist accused, under the controversial Prevention of Terrorism Act (PTA), of bringing the government into “disrepute”, creating “ethnic disharmony” and aiding and abetting “unknown persons”.

Disputed legal framework
As the torture remains a rampant action in Sri Lankan prisons, the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, described torture in Sri Lanka as “routine”.

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.

ARTICLE 19 and Index on Censorship believe that the case against him rests primarily on his own confession despite evidence of torture.

 Concern
ARTICLE 19 and Index on Censorship were reported that Tissainayagam has not had regular access to legal representation or been permitted to meet his lawyers without the presence of the security services.

ARTICLE 19 and Index on Censorship said the long-lasting detention without charge, controversial 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.

Appeal
ARTICLE 19 and Index on Censorship call upon international community and all diplomatic missions in Sri Lanka to monitor the trial carefully and to request permission to visit Tissainayagam to confirm his well-being.

 The organisations also called on the Sri Lankan government to respect their commitment to international standards on free expression and allow 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.

 

See full statement of ARTICLE 19 and Index on Censorship.