3 September 2009
RAN 45/08 – Update #2

International PEN’s Writers in Prison Committee is appalled by the twenty-year prison sentence handed down to Tamil journalist Jayaprakash Sittampalam (J. S.) Tissainayagam, under anti-terror legislation for his critical writings and publishing activities.  He has been ill-treated in prison and there are serious concerns for his health. International PEN condemns this sentence and demands Tissainayagam’s immediate and unconditional release, 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 31 August 2009 a High Court in Sri Lanka sentenced J. S. Tissainayagam to twenty years imprisonment with hard labour under the Prevention of Terrorism Act (PTA), for “causing communal disharmony” in his articles published in 2006 by the magazine North-Eastern Monthly. In addition, he was found guilty of raising funds to publish the magazine. A confession made by Tissainayagam while in police custody and allegedly forced under torture was used as evidence to convict him.

J. S. Tissainayagam, Tamil journalist for the Sunday Times newspaper and editor of Outreach Sri Lanka, was arrested on 7 March 2008, by the Terrorist Investigation Division (TID) in Colombo. The day before, 6 March, his colleague V. Jasikaran (Jasiharan), 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, also by the TID. All were detained without charge for five months under the PAT and Emergency Regulations (ER), before being charged in August 2008. Jasikaran and his wife face charges for aiding and abetting J. S. Tissainayagam in his activities, and remain detained pending trial.

JS Tissainayagam is said to be the first Sri Lankan journalist to be charged under the PTA, which according to Amnesty International had been suspended since February 2002 following the ceasefire agreement between the government and the Tamil Tigers in February 2002. In prosecuting Tissainayagam for articles and activities conducted in 2006, the prosecution therefore applied the PTA retroactively. After the breakdown of the peace process in 2006, the Sri Lankan military launched a major offensive against the Tigers, and victory over the Tigers was declared by Sri Lankan President Mahinda Rajapaksa on 16 May 2009.

Since his arrest in March 2008 there have been serious concerns about J. S. Tissainayagam’s treatment in prison, including allegations of torture, denial of medical treatment and restrictions of family visits. His health is said to have deteriorated and he has reportedly contracted tuberculosis and acute infected scabies while in detention.
The journalist’s defence and family have announced they will appeal the sentence. 

Further information
Previous WiPC alert:
http://www.internationalpen.org.uk/index.cfm?objectid=FFCF0AEE-3048-676E-2679A2F17B551D31
Amnesty International report
http://www.amnesty.org/en/news-and-updates/news/sri-lanka-jails-journalist-20-years-exercising-right-freedom-expression-20090901
Reporters Without Borders
http://www.rsf.org/spip.php?page=article&id_article=34343

Recommended Action
Minimum action: send one appeal to one or more of the government addresses below
Further Action: write a similar appeal to the Sri Lankan Ambassador in your country or send a copy of your letter to Sri Lanka asking him/her to comment on your concerns
Consider electing J. S. Tissainayagam as an Honorary Member of your Centre – please let the PEN office in London know if you do so, and we will give you a case sheet and further advice on what you can do to support his case.

RECOMMENDED ACTION
Please send appeals:
• Expressing shock at the twenty-year sentence against J. S. Tissainayagam; 
• Seeking assurances of his well-being as a matter of urgency, and urging that he is allowed full access to any necessary medical treatment and access to family visits.
• Calling for his immediate and unconditional release, in accordance with Article 19 of the United Nations International Covenant on Civil and Political Rights, to which Sri Lanka is a state party.