J. S. Tissainayagam
Encyclopedia
Jayaprakash Sittampalam Tissainayagam (known as J. S. Tissainayagam, Tamil
: ஜெயப்பிரகாஷ் சிற்றம்பலம் திசைநாயகம்) is a Sri Lanka
n journalist. He was arrested by the Terrorism Investigation Division of the Sri Lanka Police on March 7, 2008 and indicted five months later under the Prevention of Terrorism Act
for inciting communal violence
through his writings and receiving money from the Liberation Tigers of Tamil Eelam
, a banned terrorist group in Sri Lanka. 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.
On May 3, 2010, to coincide with World Press Freedom Day
, Tissainayagam was pardoned by Sri Lankan President Mahinda Rajapaksa
. After his release he has moved to the United States
.
before founding the North Eastern Monthly, which would later become a monthly publication. He was also a columnist for the Sunday Times.
or communal disharmony
relating to articles he published in a North Eastern Monthly magazine in 2006 and 2007. He was also charged with collecting and obtaining information for the purpose of terrorism
and for donating funds for the purpose of terrorism through the collection of funds for the magazine. Reporters Without Borders
later claimed 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.
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.
criticized the action taken upon J.S. Tissainayagam and expressed deep concerns for the journalist. 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.
In a statement to mark the World Press Freedom Day
, US President Barack Obama
mentioned Tissainayagam. He 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
."
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".
-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." They have the right to read words written by men
Tissainayagam also won the Committee to Protect Journalists
' International Press Freedom Award
in 2009, but could not go to receive it due to his imprisonment.
In 2010, he was named Foreign Journalist of the Year at the British Press Awards
.
Tamil language
Tamil is a Dravidian language spoken predominantly by Tamil people of the Indian subcontinent. It has official status in the Indian state of Tamil Nadu and in the Indian union territory of Pondicherry. Tamil is also an official language of Sri Lanka and Singapore...
: ஜெயப்பிரகாஷ் சிற்றம்பலம் திசைநாயகம்) is a Sri Lanka
Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
n journalist. He was arrested by the Terrorism Investigation Division of the Sri Lanka Police on March 7, 2008 and indicted five months later under the Prevention of Terrorism Act
Prevention of Terrorism Act (Sri Lanka)
The Prevention of Terrorism Act of 1978 is a law in Sri Lanka. It provides the police with broad powers to search, arrest, and detain suspects. It was first enacted as a temporary law in 1979, then made permanent in 1982....
for inciting communal violence
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
through his writings and receiving money from the Liberation Tigers of Tamil Eelam
Liberation Tigers of Tamil Eelam
The Liberation Tigers of Tamil Eelam was a separatist militant organization formerly based in northern Sri Lanka. Founded in May 1976 by Vellupillai Prabhakaran, it waged a violent secessionist and nationalist campaign to create an independent state in the north and east of Sri Lanka for Tamil...
, a banned terrorist group in Sri Lanka. 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
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
against his conviction at the Court of Appeal. He was released on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
by the Court of Appeal on 11 January 2010 on medical grounds.
On May 3, 2010, to coincide with World Press Freedom Day
World Press Freedom Day
The United Nations General Assembly declared 3 May to be World Press Freedom Day to raise awareness of the importance of freedom of the press and remind governments of their duty to respect and uphold the right to freedom of expression enshrined under Article 19 of the Universal Declaration of...
, Tissainayagam was pardoned by Sri Lankan President Mahinda Rajapaksa
Mahinda Rajapaksa
Percy Mahendra "Mahinda" Rajapaksa ; ; born November 18, 1945) is the 6th and current President of Sri Lanka and Commander in Chief of the Sri Lankan Armed Forces. A lawyer by profession, Rajapaksa was first elected to the Parliament of Sri Lanka in 1970, and served as prime minister from April 6,...
. After his release he has moved to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Career
J. S. Tissainayagam worked for The Sunday LeaderThe Sunday Leader
The Sunday Leader is an English-language Sri Lankan Sunday newspaper privately owned and published by Leader Publications, which is known for its outspoken news coverage.-Controversy and retaliation:...
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 arrested on March 7, 2008 by the Terrorism Investigation Division (TID) of the Sri Lanka Police. He was charged with attempting to cause the commission of acts of violence or racialRacism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
or communal disharmony
Communal violence
Communal violence refers to a situation where violence is perpetrated across ethnic lines, and victims are chosen based upon ethnic group membership...
relating to articles he published in a North Eastern Monthly magazine in 2006 and 2007. He was also charged with collecting and obtaining information for the purpose of terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
and for donating funds for the purpose of terrorism through the collection of funds for the magazine. Reporters Without Borders
Reporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...
later claimed 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
Fundamental rights
Fundamental rights are a generally-regarded set of entitlements in the context of a legal system, wherein such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or "rights." Such rights thus belong without presumption or cost of privilege to all...
petition with the Supreme Court of Sri Lanka
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka is the highest court of the nation of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in...
. 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.
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
Tamil people
Tamil people , also called Tamils or Tamilians, are an ethnic group native to Tamil Nadu, India and the north-eastern region of Sri Lanka. Historic and post 15th century emigrant communities are also found across the world, notably Malaysia, Singapore, Mauritius, South Africa, Australia, Canada,...
civilians affected by the war
Sri Lankan civil war
The Sri Lankan Civil War was a conflict fought on the island of Sri Lanka. Beginning on July 23, 1983, there was an on-and-off insurgency against the government by the Liberation Tigers of Tamil Eelam , a separatist militant organization which fought to create an independent Tamil state named Tamil...
, 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.
Pardon
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.Reaction
Amnesty InternationalAmnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
criticized the action taken upon J.S. Tissainayagam and expressed deep concerns for the journalist. Bob Dietz, CPJ
Committee to Protect Journalists
The Committee to Protect Journalists is an independent nonprofit organisation based in New York City that promotes press freedom and defends the rights of journalists.-History:A group of U.S...
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
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
Reverend Duleep De Chickera
Duleep De Chickera
Duleep Kamil De Chickera was the 14th Anglican Bishop of Colombo, Sri Lanka. He was inaugurated in 2001.Educated at Royal College, Colombo representing the college at 1st XV Rugby, he gained his training for the ministry at Theological College of Lanka in Pilimatalawe, earning a B.Th thereafter...
and the Sinhala
Sinhalese people
The Sinhalese are an Indo-Aryan ethnic group,forming the majority of Sri Lanka,constituting 74% of the Sri Lankan population.They number approximately 15 million worldwide.The Sinhalese identity is based on language, heritage and religion. The Sinhalese speak Sinhala, an Indo-Aryan language and the...
Buddhist monk Ven Samitha Thera.
In a statement to mark the World Press Freedom Day
World Press Freedom Day
The United Nations General Assembly declared 3 May to be World Press Freedom Day to raise awareness of the importance of freedom of the press and remind governments of their duty to respect and uphold the right to freedom of expression enshrined under Article 19 of the Universal Declaration of...
, US President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
mentioned Tissainayagam. He 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
Shi Tao
Shi Tao is a mainland Chinese journalist, writer and poet, who in 2005 was sentenced to imprisonment for 10 years for releasing a document of the Communist Party to an overseas Chinese democracy site after Yahoo! China provided his personal details to the Chinese government.-Brief history:Shi Tao...
and Hu Jia
Hu Jia
Hu Jia may refer to:*Hu Jia , a Chinese pro-democracy and AIDS activist*Hu Jia , a Chinese Olympic diver...
in China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
."
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
Daily News (Sri Lanka)
Founded in 1918, the Ceylon Daily News is an English daily that claims the largest circulation among peoples in Sri Lanka. It is now owned by the government of Sri Lanka....
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".
Awards
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 ParisParis
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
-based press rights group Reporters Without Borders
Reporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...
(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." They have the right to read words written by men
Tissainayagam also won the Committee to Protect Journalists
Committee to Protect Journalists
The Committee to Protect Journalists is an independent nonprofit organisation based in New York City that promotes press freedom and defends the rights of journalists.-History:A group of U.S...
' International Press Freedom Award
CPJ International Press Freedom Awards
The CPJ International Press Freedom Awards honour journalists around the world who show courage in defending press freedom in the face of attacks, threats or imprisonment. Created in 1991, the awards are administered by the Committee to Protect Journalists....
in 2009, but could not go to receive it due to his imprisonment.
In 2010, he was named Foreign Journalist of the Year at the British Press Awards
British Press Awards
The British Press Awards is an annual ceremony that celebrates the best of British journalism. Established in the 1970s, honours are voted on by a panel of journalists and newspaper executives...
.