What Happened in Sri Lanka Today
J. S. Tissainayagam was arrested on March 7, 2008 by the Terrorism Investigation Division (TID) of the Sri Lanka Police under the Prevention of Terrorism Act. He has since been charged with attempting to cause the commission of acts of violence or racial 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. 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 have produced a confession allegedly signed by Tissanayagam, although he claimed it was dictated to him, and he was pressured to write it in his own handwriting. He spent more than a year languishing in prison. He was a well-known journalist who frequently addressed displacement of civilians and other humanitarian issues stemming from Sri Lanka’s war in weekly columns for the Sunday Times, and was charged more than five months after he was detained.
He was convicted by Colombo High court and sentenced to 20 years Rigorous Imprisonment on August 31, 2009.
We have all shouted about media freedom and injustice. We have all said that there is a bigger war at hand, a less controllable one: the war against journalists and the right of free expression. But what now? All the protest and rallying in the world is rendered useless with one swiftly delivered verdict. One sentence, and a man is imprisoned for 20 long years. All the energy to fight has diminished.
Why couldn’t we save him from the cell? Will our children ask us this, 20 years from now? Why couldn’t we stop it, somehow? I will squirm with shame at the idea that we, with all our placards and megaphones, shouting for hours in the sun, marching coffins all the way to the Kanatta, and standing outside Courthouses, couldn’t stop it - for how can I explain, how will we ever explain to anyone about this time that we lived in, in which we couldn’t do a thing?
How will we ever make them understand that everything we did, anything we did - it didn’t matter? That whatever we did was useless, and that these things happened unaffected by criticism or fear of a tarnished reputation? That this wheel continued to turn, unafraid of how it looked to the world? That it placed itself above all else, high and mighty upon its self constructed throne of arrogance, intimidation and violence, holding its position of power through the spreading of fear and threat? How will we ever tell them that we were all powerless against this thing that didn’t care about seeming just or good - this thing that just didn’t care at all?
I’m afraid of what it makes me. Does it make me a part of a time that stood back and let these things happen - a part of the generation that didn’t have any power to stand up for what they thought was right? Will anyone believe us when we say that we didn’t really have a choice? That we were all helpless? I don’t know.
I have been angry and enraged and furious - but today all I feel is a deep, melancholy sadness. I am truly sad for Tissainayagam, and everyone else, who like him paid the price for being better than me - stronger than me, braver than me, actually saying the things I don’t have the guts to say. I am sad for us all, because one day we’ll all have to answer to the next generation when they ask us what we were doing when all this happened. We’ll all have to say, ‘We couldn’t help it’, and wait quietly while they judge us with their idealistic, young eyes, through which they see only the weak as they look at us.
I am sad for my country - a great, beautiful, abundant country, that has been forced to lose its way.
he got justice, for his racist hate mongering and support for terrorist . blood of innocents killed by tamil tiger terrorists he supported demand that justice prevail. and it did today .
if think he is innocent you should be able to do that in court where he and his lawyers had ample opportunity . label journalist is not a blanket immunity for despicable crimes.
typical of a 3rd generation ngo parasite like you to sympathize with the hatemonger
Comment by sittingnut — August 31, 2009 @ 1:12 pm
to add-
i love that my country is beginning to end the culture of impunity that prevailed here (tough we have a long way to go )and find its way .
no longer does violent terrorist murderers allowed to hold an equal place with democratically elected representatives but get what they deserve, justice and death, if they resist with violence against justice . (remember how you advocated that these murderers should be given more power instead )
no longer ( hopefully ) does terrorist supporters be able to spread propaganda and finance terrorism under the cover of being journalists and part of ngos . they will subject to the laws of the land like the rest of us and after proper juridical process and after ample opportunity to prove their innocence get justice. as this convicted lowlife got.
criminals who prefer impunity certainly will think that is bad and they are lost. it is certainly not the country they wanted
Comment by sittingnut — August 31, 2009 @ 1:40 pm
I think the point here is that justice in contemporary SL is not fair. Those that stalk the corridors of power are immune form being held accountable for their actions whilst those that that do not, and have a dissenting point of view are persecuted to the maximum. Consider the number of members of our legislature facing charges of murder corruption etc. They continue to strut, preening themselves with no shame. 600 Policemen were slaughtered in cold blood in the eastern province, and yet the person allegedly responsible for that is one of the shining jewels of our legislature - where then is the justice in our justice if it is not meted out to one and all?
We should indeed be a shamed that all this takes place on our watch. Sadly, its unlikely that anything will really happen and sooner than later we will be no different to the Myanmar’s and North Korea’s of this world
Comment by Sigma — August 31, 2009 @ 2:40 pm
sigma ,your point about justice not being applied to certain others (yet) is valid. but that does not invalidate the justice of this case. agree?
this is no different than some big criminals getting away while petty criminal get prison. a thing that is unfortunately very common around the world, and “unfair” everywhere, not just here. are you saying that is not the case?
(btw your comparison with myanmar & north korea only betray your pro western bias( almost said slavishness). comparison would be more appropriate with britain. there lot of terrorist suspects are in prison or awaiting cases. while convicted lokerbie bomber was freed for “oil”, as yesterday’s publication of leaked ministerial letters reveal. hope you give reasons for analogy next time.that way you will avoid mistakes like that )
what is great about this case, and why it is step in the right direction is that it took place at all. government did not bow to foreign pressure (from same ppl who wanted to save ltte terrorists in their last gasp) to discontinue the prosecution. court gave justice according to evidence after proper procedure. justice was done here. a beginning to end culture of impunity for these type terrorist supporters was made. agree?
a decent person cannot possibly contend that we should not do have gone through with this case bc other criminals not related this case specifically may still remain free. agree?
Comment by sittingnut — August 31, 2009 @ 5:07 pm
And here you are again sittingnut, wasting your time and ours going on and on defending the indefensible.
I assume you are anti-Tamil not because I’m silly but because I know …
Comment by Ashanthi2 — August 31, 2009 @ 7:14 pm
nah, my kids are more likely to ask me who ended the war in Sri Lanka or can they join a NGo cause there is money in that business.
You know that you are silly , right ? What has been stopped in SL cause a bunch people who had too much time to waste marched around with placards ?
Grow up.There is so little that one can do to make things better. Blogs and placards are’n in that list. Those two are specifically done by people
a. who have nothing else to do
b. wants to show that they are doing something.
Really, “I will squirm ” , funny that !!! there are far more things that will make one squirm and they might be right at your backyard.
@SNUT –> > ok man we get it. Just give the kid a break
she is trying.
Teach her, help her learn.
She is not stupid, just idealistic and not practical.
Her heart is in the right place ,man.
Comment by anna — August 31, 2009 @ 10:56 pm
Sittingnut: I hope your peace-nik NGO types go to jail for 20 years.
Peace-nk NGO types: I hope you remember the heavy burden of humanity soon, in time to actually LIVE in peace, rather than continuallying choking on inchoate and impotent rage.
Comment by Nayagan — August 31, 2009 @ 11:22 pm
Why are people so eager to defend journalists and NGOs?
If they supported the LTTE, they need to pay for their crimes. It’s funny how being a ‘journalist’ or ‘NGO worker’ gives you blanket cover to do anything at all, and not pay for your crimes.
I’m glad this freak got sentenced to RI.
Comment by Nadia — August 31, 2009 @ 11:30 pm
ashanthi2
only one found to be indefeasible is this terrorist supporter tissainayagam.
he got all the opportunity, all the lawyers he want paid for by ngos . and still he and his lawyers failed bc the evidence said he was guilty of collecting money and info to support terrorist murderers and inciting hate and violence.
sorry you don’t understand that .
as for me being anti tamil, as i dared you in my blog, quote even one statement by me that is anti tamil, or anti any ethnic community, or racist. you fail to do that so you come here and say you “know” . lol . that my dear is idiocy.
anna :
sorry, i don’t give “breaks” to responsible adults
i try to be fair to everyone esp the victims and ordinary ppl..
nayagan
i certainly hope that some ppl who supported ltte terrorists get justice they deserve
Comment by sittingnut — September 1, 2009 @ 5:58 am
Nadia: I only defend him because he is innocent of the crimes for which he has been convicted. He was a journalist, who like many others who have suffered the same or a similiar fate, spoke openly about the crimes and wrongs of the GoSL and SL Army and investigated their actions critically. This, I’m afriad to tell you, was his only crime: just like so many others who have been forced to flee, hide, those who have been arrested, assaulted and assassinated. The only blanket being used here is the one being used the GoSL, calling these people LTTE Supporters so that they can reprimand them and put them away forever, unquestioned.
Anna: Er, I don’t need your sympathy. Protest does work. I’m sorry to tell you this, but the mere fact that it doesn’t work only goes to show that we live in a time and place that doesn’t care what people think, not that protest doesn’t work. Protest did work for these women, about 20 years ago in Jaffna. http://electra.blogsome.com/2009/03/24/a-generation-gap/ and protest has worked all over the world, and here too, where those in power have been unable to ignore the overwhelming outcry from people whose reasoning they were forced to consider. It worked when Tamils were expelled from Colombo. And surely, you must know I’m not only talking about standing in the sun and shouting slogans. A lot has been done to voice protest over so much in recent years, and Tissa’s trial has been on the top of this list. Protest comes in many forms, and you may not know about it, you may not see it, but a lot of people have been working very hard to keep Tissa out of jail.
Comment by electra — September 1, 2009 @ 6:02 am
Sigma: And no, the point is that they just put an innocent man in jail. And of course the other point is that no matter what a good case he put up for himself, no matter how good his lawyers were, do you think it really mattered? Honestly? Is anyone even pretending this was a fair trial? Do you think any of this matters if the GoSL wants to put someone away?
Comment by electra — September 1, 2009 @ 6:07 am
Whatever the ‘King’ and his ministers want is what will be in the ‘Kingdom’ of Sri Lanka. So if the ‘King’ decides that everybody who opposes him are terrorists, that’s exactly what the courts will hand down in decisions.
It’s like the existing laws of the land being personally changed by the ‘King’ by way of an extraordinary gazette notification to enable the ‘King’s nephew’ to hold a ministerial post while still being custodian of a religious location.
All hail the everlasting reign of the ‘King’ of Sri Lanka and his troop of ‘andarays’…!!!
Comment by thekillromeoproject — September 1, 2009 @ 9:41 am
Some of you people are so full of hate… ever heard of freedom of press???? Just because everyone doesn’t have the same views as you does not mean that they are wrong! It just shows how ignorant some people really are…
Comment by Australian — September 1, 2009 @ 4:01 pm
To say Tissa’s trial was fair is laughable.
1. Tissa’s statement was admitted into evidence despite the evidence of a JMO’s report that Jaseeharan(Tissa’s publisher and friend) had been physically assaulted in custody.
2. One crucial part of the statement - on the question of whether Tissa had asked the LTTE for money -was tampered with by the TID, which the interpreter mudliyar noted and which was duly recorded. Tissa’s statement says “I said i didn’t want”, which had been changed in black ink(the original statement was in blue ink) to “I said I want”.
4. The next available promotion for the sitting judge is to the Court of Appeal, to which the President now makes appointments illegally, in contravention of the 17th amendment.
5. The fact that the judge ignored a long line of Indian judgments that have held that criticism of the conduct of the military(even if they are predominantly from one racial, ethnic or religious group) cannot be construed to be attmepts to incite violence.
There are tons examples that demonstrate that the judgment was a farce, which will all come out in due time.
Comment by aadhavan — September 1, 2009 @ 10:54 pm
Sittingnut and anna, have you ever actually read any of tissa’s work? or are you willing to believe the government when they tell you he’s a terrorist? If you believe the Government then I guess there’ll be no further argument because the Government, like our mother, is always right.
He shouts so much because his he’s got stinging-nuts.
Comment by Jayantha — September 2, 2009 @ 3:55 pm
jayantha and australian :
i have read his hateful articles. have you? have any of you ?
he was no more a journalist than goebbels.
this criminal tissainayagam was one of those urging on facist ltte terrorists with hate, info, and money to come use violence against sinhalease, tamils and others . that is what facts say .that is what court found
you can ignore all of that and live in a fantasy world . i prefer reality .
in order to create that fantasy world aadhavan here goes to great length to construct a conspiracy theory that requires, tampering of evidence , corrupt judges, forced confessions, and allegedly binding indian precedents ( interpreted as he want it). etc. etc.
to believe aadhavan , one has to conclude that basically everyone at court, except tissainayagam and his lawyers, were vicious criminals bent on putting an innocent man in prison (or was lawyers government agents too?) . his fellow conspiracy theorists are welcome to believe such vicious slander.
does anyone else?
Comment by sittingnut — September 2, 2009 @ 5:27 pm
i think i answered any relevant points and attempts at distortions about this above
but since instead of sticking to case and facts, they ( well aware of their weakness when faced with facts) go off in (mostly irrelevant ) tangents and accusations (with nothing to back them up ) i will also go off in one to balance ( but to bring relevant context with facts)
electra here and thekillromeoproject both preached appeasement of terrorists so that those tamil tiger murderers can have more power in the name of a fake peace. do they dare deny that?
i dare them to deny that !
[aadhavan went even beyond them (but since he does establish his identity with a link i cannot prove he is the same one who posted under that name in blogs including mine in the past]
it is laughable for them to preach to us about any kind of freedom after that .
we sri lankans won freedom at great sacrifice, we are not going to give it back. all those who tried or helped to deprive us our freedom as this convicted criminal did should face justice .
yes, it will be hard, for peacenik ngo parasites who shamelessly profited from sucking innocents’ blood during war. but that is what they can expect when they chose to betray all decent principles
facts are there. and we will speak up for them. against distortions
bc we are with truth, truth that can be proved with evidence, while all they have is slander, we will be vindicated (as our stand on defeating terrorist with violence if needs be was vindicated, while their stand based on distortions, racism and lies, ended in failure ).
Comment by sittingnut — September 2, 2009 @ 5:43 pm
correction
should be “since he does not establish his identity with a link”
Comment by sittingnut — September 2, 2009 @ 5:46 pm
i really appreciate what is written in this article simply for the fact that it is written from the heart…and personally, it awakens within me a sense of guilt at my own passivity….true…i am ashamed of myself…ashamed at my inaction and at times, lack of interest.. among those who have commented on this article, i see people who are so ignorant, bias and racist..and it answers a whole series of my questions… will we ever experience a true sense of peace?? i dont know if it is possible for this generation…but i need to be instrumental in making sure the future generations experience true peace…and i beleive that it is possible…i am devasted at the verdict given yesterday…and as for those who said that the lawyers couldnt prove him innocent, i think you need to have either gone for a few trials or atleast read up on the papers to get a picture of the real story! your lack of knowledge…and the arguments that spring from it are ludicrous and in a way deply saddening…if you cant identify the diference between a terrorist and a man who voices his opinions despite the threats made bt people like you…then i will sadly, but confidently, vote you among the numbers who are the cause for the downfall of my country….i have realized that when one feels a sense of insecurty, it is easy to brand people, categorize them (as either NGO cases or terrorists) and dismiss the whole affiar…that is your plight! personally,i refuse to swept away by the winds of injustice!
Comment by shame_on_me — September 2, 2009 @ 7:54 pm
shame_on_me:
you have no facts and only slander. so you spout a load of confused and irrational rantings
and your claim that this was unjust is ultimately based on what i said before . i will repeat it in general form.
there are only two ways to say this was an innocent man, convicted and sentenced just bc he “voiced his opinions”.
they are,
1/
to completely ignore the evidence before court ( not just the confession, but his hate mongering violence inciting articles, his financial dealings, and his meetings with others.
2/
to believe in a conspiracy theory that says everyone else in the court besides him and his lawyers ( perhaps even his lawyers) were engaged in a conspiracy to send an innocent man to prison through forced confession, evidence tampering and corrupting judge, etc. etc.
which one do you prefer ?
and why don’t you admit to one or the other openly instead of spouting confused silly nonsense and unsupported slander against others. do you have the courage ? 1 or 2 or both?
lol @ irrational slanderer shame_on_me
Comment by sittingnut — September 3, 2009 @ 5:53 am
Machan .. or should i say sittingnut .. i can’t believe how you crap on, on this blog .. seriously! Isn’t Electra, Morquendi’s sister? He’s told me if he ever gets hold of you he’s gonna clobber you! What are you doing lurking around here. Post after post after post. You are SO obviously an agent of the GO2L. Come on. I know you think you’re polite when you’re bing racist but having read some of your diatribe for the last 5 years or so truly, I have held my toungue long enough. What’s worse than those bastards that killed innocent people after they stipped them naked and shot them dead like dogs .. What is worse? You, Sittingnut, you ploite FUCKING racist.
Go start kiling the JVP mate .. your obviously a bit bored and you have nothing to justify your existence.
Comment by Ashanthi2 — September 3, 2009 @ 3:09 pm
http://www.thesundayleader.lk/20090906/convicted.HTM
the above gives the judgment, the charges and the evidence.
There is an analysis here that is interesting, since it is written by someone vehemently anti LTTE
http://www.nation.lk/2009/09/06/newsfe4.htm
Comment by Anon — September 7, 2009 @ 9:28 am
I think even if Tissa had been financially supported by the LTTE as an inducement to write pro-LTTE pieces, he still doesn’t deserve 20 years. Not when the bugger who had 800 policemen shot in ‘91 is now a GoSL minister. Justice should not be relative, but the sentence should fit the crime. IF there is a crime.
If Tissa gets twenty (and I hope this’ll be overturned on appeal, or that he’ll be pardoned), Snut should get life for all the hate he spews.
Comment by David Blacker — September 11, 2009 @ 8:43 am
Sorry that should be ‘90.
Comment by David Blacker — September 11, 2009 @ 9:12 am
The way this is written, it clearly implies that he is not guilty, thus the court deliberately made a verdict in government’s favor. What if he is not innocent? They surely you don’t have to answer whoever it is in twenty years?
Comment by Sach — September 11, 2009 @ 9:40 am
http://www.thesundayleader.lk/20090913/convicted.HTM
see above
Comment by Anon — September 14, 2009 @ 7:24 am