Tamil journalist given 20 years in prison
Tissainayagam, 45 and a well-known human rights activist, was arrested on 7 March 2008 for two articles that appeared in his journal. His arrest took place when he was in the Terrorist Investigation Division visiting a friend, N. Jasiharan, also accused of helping Tamil rebels.
In a trial that lasted a year and a half, many witnesses were heard, including presidential adviser Vasudeva Nanayakkara.
His sentence has sparked criticism against the government and the judges. Journalists, clergymen and civil society activists are shocked by the verdict; they accuse the authorities of trying to silence dissenting voices that oppose the actions of the government of President Mahinda Rajapaksa.
Groups defending civil rights and press freedom have also come out against the sentence, calling on the international community to defend the journalist.
Here are a few statements that reached AsiaNews after the court’s decision was announced.
M. Sathivel, a Tamil Anglican clergyman: I am shocked by this judgment. People with 10 or 15 charges get this kind of sentence. I dare not say that Tissainayagam has been assassinated by the law, but they are putting him away for 20 years in prison.
With yesterday’s sentence all the media in our country are being assassinated.
As a Christian clergyman I am bothered by one question: ‘Should I accept this or not?’ My answer is no, and I think that all Christian leaders and believers should oppose this sentence and do something to restore freedom of expression and real democracy in Sri Lankan society.
Reid Shelton Fernando, a Catholic priest: All concerned citizens should oppose this judgment. Church and other religious leaders should join hands in support of journalist Tissainayagam.
I am really saddened by this judgment. Judgments like this create further dissension in society and the possibility of reconciliation is made difficult.
Saner counsel should prevail. If the Prevention of Terrorism Act continues to be used to harass people, what is all this talk about peace? How can one reconcile the defeat of terrorism and this judgment? [The sentence raises] many questions regarding press freedom. Why are journalists being harassed?
Nimalka Fernando, an attorney: This is a reflection of the harshness of the provisions encompassed in the Prevention of Terrorism Act, which directly clashes with the fundamental rights that guarantee freedom of expression.
Articles can be read by a number of people who can infer anything they want. Inciting violence must be demonstrated; otherwise an enemy can claim that what you write is an incitement to violence.
This law is flawed and a violation of the International Convention on Civil and Political Rights.
Sri Lanka is now being challenged before the international community in terms of democracy and freedom of expression since this law completely undermine our rights.
Rukshan Fernando, director of Law & Society Trust, a non-profit organisation: It is very scary to think that journalists and activists could face such a harsh sentence for writing about the suffering of people in war.
It seems to be saying that no one can criticise the government or the military, or even speak or write about the more than 250,000 displaced people who have been detained by the government for periods that range from 3 to 18 months simply because they were living in areas once controlled of the Liberation Tigers of Tamil Eelam.
The charges [against Tissainayagam] that his articles led to violence were made more than three years ago, but no evidence was ever presented to show any correlation between the two.
According to a number of leading figures, including senior members of the National Human Rights Commission, well known Buddhist monks, former lawmakers and a presidential adviser, nothing that Tissainayagam wrote could have caused violence. Reports similar to his have appeared regularly in other media.
The worst thing is that instead of producing evidence related to the charges, the judges seemed to have accepted the prosecution’s argument that Tissainayagam was collecting evidence for a War Crimes Tribunal and bringing disrepute to the government.
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