J. S. Tissainayagam
|J. S. Tissainayagam|
|Ethnicity||Sri Lankan Tamil|
Jayaprakash Sittampalam Tissainayagam (known as J. S. Tissainayagam, Tamil: ஜெயப்பிரகாஷ் சிற்றம்பலம் திசைநாயகம்) is a Sri Lankan journalist. He was detained by the Terrorism Investigation Division of the Sri Lanka Police on March 7, 2008. He was held without charge for almost 6 months and then indicted under the Prevention of Terrorism Act for intending to incite communal hatred through writing, and furthering terrorist acts through the collection of money for his publication. On August 31, 2009 he was convicted of the charges by the Colombo High Court and sentenced to 20 years of rigorous imprisonment. On 15 September 2009 Tissainayagam launched an appeal against his conviction at the Court of Appeal. He was released on bail by the Court of Appeal on 11 January 2010 on medical grounds.
J. S. Tissainayagam has been a journalist for 20 years. He worked for The Sunday Leader and the Sunday Times as well as many other newspapers before founding the North Eastern Monthly, which would later become a monthly publication. He was also a columnist for the Sunday Times.
2008 arrest and trial
Tissainayagam was detained on March 7, 2008 by the Terrorism Investigation Division (TID) of the Sri Lanka Police. He was charged with afor intending to incite communal through writing, and furthering terrorists act through the collection of money for his magazine. Reporters Without Borders said that the magazine was actually funded by a German aid project. The magazine has since been closed down.
During his trial, Tissanayagam claimed that he was harassed and threatened by the TID while under detention. He has also filed a Fundamental rights petition with the Supreme Court of Sri Lanka. The TID produced a confession signed by Tissanayagam as evidence against him. Tissanayagam claimed it was dictated to him, and he was pressured to write it.
The only other pieces of evidence that the Government presented against Tissainayagam was two paragraphs he had written;
"1. In a July 2006 editorial, under the headline, "Providing security to Tamils now will define northeastern politics of the future," Tissainayagam wrote: "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."
2. A part of a November 2006 article on the military offensive in Vaharai, in the east, which said, "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."
On August 31, 2009, the High Court in Sri Lanka sentenced Tissainayagam to a total of 20 years rigorous imprisonment, for arousing "communal feelings" by writing and publishing articles that criticized the government's treatment of Sri Lankan Tamil civilians affected by the war, and for raising money to fund the magazine in which the articles were published in furtherance of terrorism.
Tissainayagam appealed the ruling, and was granted bail on January 11, 2010 pending the outcome of his appeal.
On 3 May 2010 the Sri Lankan government announced that Tissainayagam would be pardoned by President Rajapaksa to mark the 2010 World Press Freedom Day. On 25 May 2010 Tissainayagam's lawyers filed an applications with the Court of Appeal to withdraw his appeal.
In a statement to mark the World Press Freedom Day, US President Barack Obama said Tissainayagam and other journalists like him were "guilty of nothing more than a passion for truth and a tenacious belief that a free society depends on an informed citizenry." President Obama said : "In every corner of the globe, there are journalists in jail or being actively harassed … Emblematic examples of this distressing reality are figures like J.S. Tissainayagam in Sri Lanka, or Shi Tao and Hu Jia in China."
Amnesty International criticized the action taken upon J.S. Tissainayagam and expressed deep concerns for the journalist, naming him a prisoner of conscience. Bob Dietz, CPJ Asia Program Coordinator says "We condemn J.S. Tissainayagam’s long detention and harsh charges for publishing a magazine, which should not constitute an offence. This is the latest step by the Sri Lankan government to intimidate journalists who write about security issues."
During his detention without charge, among the people who expressed concern and opposition to this, were Sri Lankan religious leaders such as Colombo’s Anglican Bishop Reverend Duleep De Chickera and the Sinhala Buddhist monk Ven Samitha Thera.
The Sri Lankan government has defended his trial and conviction, with President Mahinda Rajapakse, saying the verdict was handed out by an independent judge and that the government can not interfere with the courts. Articles published in the Daily News stated "due process was observed and (Tissainayagam) was detained and tried in accordance with the law within 18 months", and that "attempts now being made to pooh-pooh the charges in the indictment filed against Tissanayagam, rather than seen as any part of a vibrant campaign for media freedom, can be seen as an attempt at interfering with the judiciary and judicial process of (Sri Lanka)".
During the trial, Prosecutor Sudarshana De Silva told the High Court "The Constitution gives freedom of press, but that doesn’t allow anybody to spread false information to spur ethnic violence".
However international Governments and press freedom groups both in and out of Sri Lanka condemned the ruling. The Asian Human Rights Commission likened the trial to the "show trials" of the Stalinist era.
Tissainayagam has been named the first winner of the Peter Mackler Award for Courageous and Ethical Journalism. "We are happy to reward J.S. Tissainayagam in 2009, a terrible year for Sri Lanka," said Jean-Francois Julliard, secretary-general of the Paris-based press rights group Reporters Without Borders (RSF). "J.S. Tissainayagam is one of those and should never have been imprisoned," he said. "Sri Lankans have the right to be informed about what is happening on their island."
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- Sri Lankan reporter named winner of Peter Mackler Award, Jakarta Globe
- AFP Somalia journalist wins key press award AFP - November 24, 2009
- Sri Lankan Tamil wins foreign journalist of year award
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- Amnesty International
- International Press Freedom Groups Call for Justice for Jailed Sri Lankan Journalist – RSF
- PEN American Center appeal