TISSA: A PRISONER OF CONSCIENCE

The judgment in the case against senior journalist Jayaprakash Sittampalam Tissainayagam is due to be delivered Monday the 31st of August.

J.S.Tissainayagam is a respected columnist and was the editor of Outreachsl.com. He was arbitrarily detained by the Terrorist Investigation Division (TID) in Colombo on March 7, 2008. The arrest came after the Police raided a printing press in Colombo, owned by V. Jaseekaran, a one time journalist attached to a Batticaloa based Tamil newspaper Thinakathir. The police arrested Mr.V.Jaseekaran and his wife Ms.Valarmathy during the raid. Mr.Tissainayagam was detained following a visit he made to the offices of the TID requesting information about the detention of his colleagues and subsequently indicted five months later under the Prevention of Terrorism Act for two articles written by him in a monthly magazine. He has been detained for 425 days so far.

Mr.Tissainayagam is the first Sri Lankan journalist formally charged under the Prevention of Terrorism Act (PTA) and one of less than a handful of journalists facing counter-terrorism charges in any country with a democratically elected government.

The PTA, a draconian law that has remained on Sri Lanka's statute books despite being introduced in 1979 as an ostensibly temporary measure. Under the PTA and Rules of Emergency, a confession made by an accused is admissible in court and the prosecution does not need a witness. Tissainayagam later revealed that he had been tortured in prison and his confession was given under duress. But the Government repeatedly rejected calls for bail.

The charges are:

1.The accused together with unknown persons conspired to commit an offence by intending to cause the commission of acts of violence through inciting communal disharmony by words either spoken or intended to be read or by signs or by visible representations or otherwise, through the printing or distribution of the publication North Eastern Monthly magazine.

2.An offence by the accused himself has been committed by intending to cause the commission of acts of violence through inciting racial or communal disharmony by words either spoken or intended to be read or by signs or by visible representations or otherwise, through the printing or distribution of the publication North Eastern Monthly Magazine.

3.The third charge under the Emergency Regulations of 2006 relates to acting in furtherance of specified terrorist activities, ("specified terrorist activities" being defined as offences under the PTA) by contributing or collecting or obtaining information relating to the purpose of terrorism through the collection of funds for the North Eastern Monthly magazine.

The charges against Tissainayagam refer to two articles he wrote in 2006 for the North-Eastern Monthly, in which he criticizes the Government's military campaign and its impact on civilians.

It was reported that Tissainayagam has contracted both tuberculosis and acute infected scabies while in detention and was denied access to adequate medical treatment.

Related Articles:
Full text of Tissainayagam's statement to the Court - Amnesty International
United in Fear: Travails of Detainee families - Ronnate Tissainayagam
SRI LANKA: Tamil journalists detained - International Pen
Release Tissa, Ven. Samitha asks Govt. - The Sunday Times
An international appeal for the release of journalists - Law & Society Trust
Bishop queries continued detention of journalist - The Sunday Times

Read More

Summary only

Executions by Sri Lankan Army to be raised to UN Secretary General

UNITED NATIONS, August 30 -- The video footage depicting the Sri Lankan Army committing summary executions will be raised to UN Secretary General Ban Ki-moon during his impending visit to Oslo, Norwegian Minister of the Environment and International Development Erik Solheim has vowed. On August 26 at a regular press briefing before Ban left New York, Inner City Press asked his Spokesperson Michele Montas if he or she had seen the footage, and for a UN Secretariat comment. There was no response to the video, and so the the link to the video was provided. In the four days since there has been no UN Secretariat comment.

Later on August 26 at a hastily convened stakeout in front of the UN Security Council, Inner City Press asked August's Council president and UK Ambassador John Sawers about the footage. He said he'd yet to see it but had read about it, and found it disturbing. He said the the UK would expect it to be investigated, by Sri Lanka in the first instance.

Sri Lanka has condemned Solheim for calling for a UN investigation. But it has not conducted any investigation of its own: its High Commissioner in London issued a denial as soon as the video came out. Is it Sri Lanka's vituperative reaction or something else, observers wonder, that is holding Ban back from commenting on the widely circulated video?

© Inner City Press

Related Articles:
Eric Soleheim to discuss Channel 4 video with Ban Ki Moon - Lanka Journal
Sri Lanka sees Solheim being partisan as facilitator - Daily Mirror

Read More

Summary only

Another journalist abducted and released in Colombo - JDS

Journalists for Democracy in Sri Lanka (JDS) is shocked to learn that another media personnel had been abducted in Sri Lanka although he was released next day.

Prageeth Eknaligoda, cartoonist and political analyst, was abducted on 27th August 2009 by a group who followed him in a white van. He was on his way home on Makandura road, Homagama around 12.30 am when the abduction took place. According to Prageeth Eknaligoda he was forcibly bundled into the van blindfolded, hand cuffed and taken away.

The abductors kept him overnight in an unidentified location. The next morning he was told that he was abducted by mistake and consequently, he was dropped in an area called Korathota after being warned not to disclose this incident to anyone.
Speaking to a news website he has told that he was not sure of the reason for his abduction and that it could either be a mistake or an attempt to intimidate him. Further he mentioned that the abductors seemed to be trained personnel.

Prageeth Elnaligoda has worked as a political cartoonist and political analyst for number of print and online news media. He has been a strong critic of Sinhala chauvinism and the dictatorial tendencies of the present regime.

While unreservedly condemning this dastardly act of abduction, JDS calls for an independent and speedy investigation of this incident. The JDS emphasize that to disregard the aim of the abduction will result in more self-censorship among the journalists in Sri Lanka. It will worsen the prevailing climate of fear among journalists while paving the way to silence all the dissenting voices. This incident shows that even three months after claiming ‘war victory’ the government of Sri Lanka has not been able to stop abductions taking place in the country.

Executive Committee
Journalists for Democracy in Sri Lanka

30.08.2009

Related Articles:
Former journalist abducted and released - The Sunday Times
Media personality Prageeth Eknaligoda abducted and released - Lanka News Web

Read More

Summary only

Sri Lanka: UN rights expert calls for probe into video of alleged executions

A United Nations human rights expert today called for the immediate establishment of an independent inquiry into the authenticity of a video which purportedly depicts the extrajudicial execution of two naked and helpless men by the Sri Lankan military and the presumed prior executions of others.

Philip Alston, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, said he was aware that the Sri Lankan Government had categorically denied the allegations raised by the video, which has been aired this week.

“These images are horrendous and, if authentic, would indicate a serious violation of international law,” Professor Alston said in a statement, noting that the Government’s denial “makes it all the more important for an independent investigation to be set up.

“If the Government’s position is validated as a result of an inquiry, the international community can rest easy and the Government will have been vindicated. There is no justification for not moving ahead with such an investigation in view of the Government’s confidence that such atrocities were never perpetrated by its armed forces.”

Earlier this year Government forces declared victory over the rebel Liberation Tigers of Tamil Eelam (LTTE) after years of fighting in the small South Asian country.

Professor Alston added that he regretted that the Government had not yet issued him an invitation to make an official visit to Sri Lanka, despite a number of requests in recent years, but he hoped an invitation may come given the new allegations.

Like many other UN rapporteurs, Professor Alston reports to the UN Human Rights Council in Geneva and to the General Assembly and he serves in an independent and unpaid capacity.

© UN News Service

Related Articles:
UN expert urges Sri Lanka to probe execution video - AFP
UN expert seeks probe into Lankan video footage - Zee News

Read More

Summary only

Mexico and Sri Lanka: the countries worst-hit by disappearances since 2000 - RSF

As the world marks the 26th International Day of the Disappeared on 30 August, Reporters Without Borders has provided a grim reminder that nothing has been heard, sometimes for years, of scores of journalists, who have been kidnapped, arrested or simply kept “appointments” that turned out to be traps.

“Whether carried out by agents of the state or local criminals bent on settling scores, the many disappearances of journalists highlights the fact that the enemies of press freedom have no hesitation in using the most cowardly and despicable methods to gag journalists. We restate our support for the families of the disappeared and we share the pain they suffer in the waiting and uncertainty about their fate”, the worldwide press freedom organisation said.

“We urge the relevant authorities to systematically take these disappearances seriously and to open the badly-needed investigations to find these missing journalists and punish those responsible. It is moreover incredible that cases of ‘enforced disappearance’ implicating agents of the state or those acting with its support can still be going on around the world. We urge countries that have signed the International Convention for the Protection of Persons from Enforced Disappearance to ratify the law as quickly as possible so that it can be put into force”, it added.

Mexico, where eight journalists have disappeared since the year 2000, is the country most affected by this plague. Mauricio Estrada Zamora, journalist on the regional daily La Opinión de Apatzingán, has been missing since 12 February 2008 in Michoacan state in the south-west of the country, an area notorious for crime and the illegal drugs trade. The management of his newspaper said that three weeks before he went missing he wrote an article that enraged an agent of the Federal Investigation Agency. Also in Michoacan, the editor of the weekly Ecos de la Cuenca, José Antonio García Apac, went missing on 20 November 2006 after he keeping an appointment after he received a phone call at 7.15pm. His son got a call from his father at 7.30pm which was interrupted by voices telling him to switch off his mobile phone and to identify himself. Nothing more has been heard of him since.

A Reporters Without Borders’ delegation that visited Mexico in July 2009 met and talked to the families of these two journalists. .

In January 2009, The International Press Freedom Mission to Sri Lanka condemned the “culture of impunity and indifference” surrounding the disappearances of journalists in the country. Soldiers arrested Subramaniam Ramachandran, correspondent for Tamil dailies Thinakural and Valampuri, close to a military camp, Kalikai Junction, in the north of Jaffna, in the north of the country on 15 February 2007. His family has heard nothing of him since then. He had been reporting on the illegal trade in sand, implicating a businessman and members of the military. The Jaffna office of the Human Rights Commission handled the case and it was referred to the military authorities, including the commander in chief for the Jaffna region. But as lawyer Mudiyapu Remedias explained, in this type of case “everyone is afraid of challenging the army, which denied any involvement”.

Vadivel Nimalarajah, a sub-editor on the popular Tamil daily in Jaffna, Uthayan, which is highly critical of the government, has not been heard of since 17 November 2007 when, colleagues believe, he was abducted while cycling home after working overnight at the paper.

In Iran, Pirouz Davani, editor of the newspaper Pirouz, has not been seen or heard of since he left his home one day at the end of August 1998. The authorities have never shown any sign of wanting to solve the case. Those behind his disappearance have thus been ensured complete impunity. The newspaper Kar-e-Karagar reported rumours of his “execution” in its 28 November 1998 edition. Journalist Akbar Ganji, working for Sobh-e-Emrouz, confirmed these rumours at the end of November 2000 and accused the former intelligence minister and current prosecutor general, Gholam-Hossein Mohseni Ejei, of involvement in the killing. No government officials have ever commented on this report. Davani’s family took their case to the UN Human Rights Commission in December 2002.

In Gambia, "Chief" Ebrima Manneh, a journalist on the privately-owned The Daily Observer, has been missing since 7 July 2006, when he was arrested by the National Intelligence Agency (NIA) for an unknown reason shortly after the closure of the African Union summit of heads of state and government which was held in the Gambian capital Banjul. The Gambian government has since then refused to reveal any information about his fate. Justice Minister, Marie Saine Firdaus, said on 6 April 2009 that the journalist had never been held in a Gambian prison. However, one week later, a police officer from Mile Two prison in Banjul, who spoke on condition of anonymity, said he had seen the journalist for the last time inside the prison, in 2008, before he was taken away in the middle of the night by a police officer in plain clothes. “Chief” Ebrima Manneh has never been seen since.

On the other side of the African continent, in Eritrea, scores of journalists have been arrested since September 2001 and most of them have disappeared into the country’s jails without their families knowing where they are. The authorities in the capital Asmara have remained completely silent about their fate.
This list of disappeared journalists is far from exhaustive.

© Reporters sans frontières

Read More

Summary only

Sri Lanka: Execution Video Shows Need for International Inquiry - HRW

A disturbing video recently provided to the media showing the apparent summary execution of prisoners by Sri Lankan soldiers underscores the need for an international commission of inquiry into possible war crimes committed by both sides during the armed conflict in Sri Lanka, Human Rights Watch said today.

The video shows men in Sri Lankan army uniforms firing assault rifles point-blank at two naked, blindfolded, and bound men sitting on the ground. Eight other bodies are visible on the ground nearby, all but one unclothed. According to Journalists for Democracy in Sri Lanka, a multiethnic exile organization, the video was taken by a soldier with a cell phone in January 2009. While Human Rights Watch could not confirm the video's authenticity, an independent expert consulted found nothing in the video that would dispute its authenticity. The summary execution of prisoners is a violation of Common Article 3 of the Geneva Conventions of 1949 and a war crime.

"The blood, blindfolds, and mud of this apparent atrocity makes nonsense of President Rajapaksa's claims of a clean war against the Tamil Tigers," said Steve Crawshaw, UN director at Human Rights Watch. "An international inquiry needs to get to the bottom of this and other war crimes committed during the past year's fighting."

Human Rights Watch reported numerous violations of the laws of war by both the Sri Lankan armed forces and the separatist Liberation Tigers of Tamil Eelam during the 25-year-long armed conflict, which ended with the defeat of the Tamil Tigers in May. Because independent observers, including the media and human rights organizations, were prevented from operating near the war zone, the information available on the fighting and potential laws of war violations by both sides has been limited.

Before the government could launch an investigation, a Sri Lankan army spokesman already labeled the video a "fabrication."

Human Rights Watch has long criticized the government's failure to carry out impartial investigations and prosecutions of those responsible for the numerous human rights abuses committed by both sides during the conflict. There have been serious ongoing violations of human rights, and the backlog of cases of enforced disappearances and unlawful killings runs to the tens of thousands. Only a small number of cases have ended in prosecutions. Past efforts to address violations through the establishment of ad hoc mechanisms in Sri Lanka, such as presidential commissions of inquiry, have produced little information and few prosecutions.

Human Rights Watch called for the United Nations secretary-general or other UN body to create an independent international commission of inquiry to investigate violations of the laws of war by all parties to the armed conflict in Sri Lanka, and to make recommendations for the prosecution of those responsible. On May 23, President Mahinda Rajapaksa and the UN secretary-general, Ban Ki-moon, issued a joint statement from Sri Lanka in which the government said it "will take measures to address" the need for an accountability process for violations of international humanitarian and human rights law.

In a July interview with Time magazine, Rajapaksa said that during the war, "[t]here was no violation of human rights. There were no civilian casualties."

"Since telling the UN secretary-general three months ago that he'd conduct investigations, Rajapaksa has sat on his hands," said Crawshaw. "Ban should stop relying on the president's promises of domestic action and make it clear that an international commission is needed if the victims of Sri Lanka's bloody war are to find justice."

© Human Rights Watch

Related Articles:
Sri Lanka dismisses war crimes allegations - The Age
Channel 4 is absolutely false, debirately sinister - ISRIA

Read More

Summary only

"It's a matter for laughter" - SL High Commissioner to Britain speaks to the BBC

The Sri Lankan High Commissioner to Britain, Nihal Jayasinghe, has strongly denied allegations by Journalists for Democracy in Sri Lanka, who have released footage they claim shows the execution of Tamil Tiger prisoners by the Sri Lankan military.

Speaking to BBC News, Mr Jayasinghe said that it was "common knowledge" that the LTTE (Liberation Tigers of Tamil Eelam) "masqueraded" in Sri Lankan uniforms as a form of "disinformation".

© BBC

Read More

Summary only

UN Mulls Sri Lankan Murder Video

Please be warned, this video contains extremely disturbing graphic content.

UNITED NATIONS, August 26 - When a war crime is filmed and presented to the UN, will it take action?

On August 26, Inner City Press asked three officials at the UN about the now widely circulated video clip depicting Sri Lankan soldiers shooting naked, blindfolded victims in the head.

At the noon briefing, Inner City Press asked UN Spokesperson Michele Montas about "footage of what appears to be Sri Lankan soldiers shooting naked, bound, unarmed people [inaudible]. Is there any response by the UN to that footage?" There was not.

Later another UN official said that the Office of the High Commissioner for Human Rights is considering how to authenticate the footage, perhaps with outside experts, in order to act on it. But how?

At the Security Council stakeout, Inner City Press asked the president of the Council for this dwindling month, the UK's John Sawers, if he'd seen the footage and what the UK proposes to do about it. He replied that "first," he was appearing as President of the Council. He said he hadn't yet seen the footage but had read about it. It does seem "disturbing," he said, adding that it should be investigated "in the first instance by the Sri Lanka authorities."

But the Mahinda Rajapaksa administration has already curtailed its investigation into the killing of 17 aid workers of Action Contre La Faim, and declared that its soldiers committed abuses. (Others in the administration have said that winners are never tried for war crimes.) So at this late date to defer to Sri Lanka to investigate the snuff film seems misplaced.

Among NGOs working in Sri Lanka, the level of disappointment at the UN and Ban Ki-moon has grown. The groups are meeting one last time with UN country representative Neil Buhne, to urge him to go public with the evidence the UN has compiled. They say that Tamil females in the camps are being used as comfort women. They say that UN has a report showing that many people will die when the monsoon season comes if they remain trapped in the camps. The UN is not releasing this report, they say, asking why Ban Ki-moon appears so beholding to Rajapaksa.

In Sri Lanka, the administration is said to be concerned on this by only three things: Delhi's reaction, an upcoming report to the U.S. Congress, and how Rajapaksa is received at the UN General Assembly next month.

© Inner City Press

Related Articles:
Video that reveals truth of Sri Lankan 'war crimes' - The Independent
Video shows purported atrocities in Sri Lanka conflict - CNN
Kopfschuss, Gelächter, Genickschuss - Der Spiegel

Read More

Summary only

Sri Lanka calls 'war crimes' video a fake

Channel 4 News / Sri Lanka’s military says a video clip allegedly showing its soldiers executing prisoners during the battle against Tamil Tigers rebels is a fake.

Sri Lankan army spokesman Brigadier Udaya Nanayakkara said the footage – broadcast by Channel 4 News last night – was a fabrication designed to discredit security forces.

He said: "This video has been made to discredit the armed forces. This was said to have been filmed at a time when the Tigers too were operating dressed in Sri Lankan military uniforms."

The video was passed to Channel 4 News by a group called Journalists for Democracy in Sri Lanka. It campaigns for press freedom in the Asian country.

The group said the video was taken in January by a soldier using a mobile phone, when government forces overwhelmed the stronghold of the Liberation Tigers of Tamil Eelam (LTTE) at Kilinochchi.

The capture of Kilinochchi was a milestone in the army’s final push against the Tamil Tigers, which triumphantly concluded a 27-year war in May.

By January, when the video was allegedly filmed, foreign and most local journalists had been banned from the conflict zone.

Despite previous claims that the Sri Lankan army had committed war crimes during the conflict, it has so far staved off a UN investigation.

The Sri Lankan High Commission told Channel 4 News: "The High Commission has noted that in many instances in the past, various media institutions used doctored videos, photographs and documents to defame the Sri Lankan Government and armed forces.

"Therefore, we request you to verify the authenticity of the video footage."

© Channel 4

Related Articles:
Sri Lanka denies shooting unarmed men - ABC News
Sri Lanka rejects 'execution' video - Al Jazeera
Sri Lanka says killing footage 'fabricated' - BBC

Read More

Summary only

Is this evidence of Sri Lankan 'war crimes'?

By Jonathan Miller - Just three months after the Sri Lankan government declared the country liberated from the Tamil Tigers, video footage has emerged apparently showing government troops summarily executing Tamils.

Journalists for Democracy in Sri Lanka, which obtained the material, said it was filmed in January - when the international media were prevented by the Sri Lankan government from covering the conflict zone.

Tonight, the Sri Lankan High Commission denied the government had carried out atrocities against the Tamil community.

The Sri Lankan government launched a large scale military offensive in January capturing the Tamil Tiger held town of Kilinochchi. The army then steadily pushed the rebels into an small area of the north-east.

Sri Lanka High Commission response

"The High Commission of Sri Lanka categorically deny that the Sri Lankan armed forces engaged in atrocities against Sri Lankan Tamil community. They were only engaged in a military offensive against the LTTE.

"The High Commission has noted that in many instances in the past, various media institutions used doctored videos, photographs and documents to defame the Sri Lankan government and armed forces. Therefore, we request you to verify the authenticity of the video footage before the telecast".

© Channel 4

Related Articles:
Video allegedly shows 'executions' in Sri Lanka - AFP
Sri Lanka accused of war crimes - Telegraph
Naked, bound and shot: how ‘Tamil rebel’ was killed - Times Online
Video shows style of extra-judicial killings in Sri Lanka - Tamil Net

Read More

Summary only