Identifier
Created
Classification
Origin
09COLOMBO855
2009-08-31 10:57:00
CONFIDENTIAL
Embassy Colombo
Cable title:
JOURNALIST TISSAINAYAGAM CONVICTED, GIVEN 20 YEAR
how-toVZCZCXRO4880 OO RUEHAG RUEHROV RUEHSL RUEHSR DE RUEHLM #0855/01 2431057 ZNY CCCCC ZZH O 311057Z AUG 09 FM AMEMBASSY COLOMBO TO RUEHC/SECSTATE WASHDC IMMEDIATE 0482 INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEHKA/AMEMBASSY DHAKA PRIORITY 1882 RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 8903 RUEHKT/AMEMBASSY KATHMANDU PRIORITY 7142 RUEHLO/AMEMBASSY LONDON PRIORITY 5106 RUEHNE/AMEMBASSY NEW DELHI PRIORITY 3276 RUEHNY/AMEMBASSY OSLO PRIORITY 5062 RUEHOT/AMEMBASSY OTTAWA PRIORITY 1339 RUEHSM/AMEMBASSY STOCKHOLM PRIORITY 0597 RUEHKO/AMEMBASSY TOKYO PRIORITY 4172 RUEHCG/AMCONSUL CHENNAI PRIORITY 9469 RUEHBI/AMCONSUL MUMBAI PRIORITY 6770 RUEHON/AMCONSUL TORONTO PRIORITY 1268 RHEFDIA/DIA WASHINGTON DC PRIORITY RUEHGV/USMISSION GENEVA PRIORITY 3713 RHHMUNA/HQ USPACOM HONOLULU HI PRIORITY RUEHBS/USEU BRUSSELS PRIORITY RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000855
SIPDIS
DEPARTMENT FOR SCA/INSB
E.O. 12958: DECL: 08/31/2019
TAGS: PGOV PREL PREF PHUM PTER EAID MOPS CE
SUBJECT: JOURNALIST TISSAINAYAGAM CONVICTED, GIVEN 20 YEAR
SENTENCE
REF: A. COLOMBO 848
B. COLOMBO 333
C. COLOMBO 332
D. COLOMBO 281
E. COLOMBO 218
F. COLOMBO 171
G. COLOMBO 81
H. COLOMBO 54
I. COLOMBO 32
J. COLOMBO 25
K. COLOMBO 18 AND PREVIOUS
COLOMBO 00000855 001.2 OF 002
Classified By: CHARGE D'AFFAIRES REBECCA COHN. REASONS: 1.4 (B, D)
C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000855
SIPDIS
DEPARTMENT FOR SCA/INSB
E.O. 12958: DECL: 08/31/2019
TAGS: PGOV PREL PREF PHUM PTER EAID MOPS CE
SUBJECT: JOURNALIST TISSAINAYAGAM CONVICTED, GIVEN 20 YEAR
SENTENCE
REF: A. COLOMBO 848
B. COLOMBO 333
C. COLOMBO 332
D. COLOMBO 281
E. COLOMBO 218
F. COLOMBO 171
G. COLOMBO 81
H. COLOMBO 54
I. COLOMBO 32
J. COLOMBO 25
K. COLOMBO 18 AND PREVIOUS
COLOMBO 00000855 001.2 OF 002
Classified By: CHARGE D'AFFAIRES REBECCA COHN. REASONS: 1.4 (B, D)
1. (SBU) On August 31, the Colombo High Court announced a
guilty verdict in the closely watched case of Sri Lankan
journalist Jayaprakash Sittampalam Tissainayagam. After
brief summation of arguments by the prosecutor and lead
defense counsel, the bailiff read the decision of Judge
Deepali Wijesundra (who is widely thought to be closely
connected to President Rajapaksa) finding Tissainayagam
guilty on all the charges of which he was accused under the
Prevention of Terrorism Act (PTA) and sentencing him to a
total of 20 years in prison. The charges included:
-- Conspiracy under PTA Section 2.1 (H) -- five years
imprisonment
-- Causing disharmony and violence under PTA 2.1 (H) -- five
years imprisonment
-- Collecting funds for terrorist activities and writing
subversive material under the government's 2003 Emergency
Regulations on combating terrorism -- ten years imprisonment.
(NOTE: Section 2.1 (H) of the Prevention of Terrorism Act No.
48 of 1979 stipulates "(B)y words either spoken or intended
to be read or by visible representations or otherwise causes
or intends to cause commission of acts of violence or
religious, racial, or communal disharmony or feelings of
ill-will or hostility between different communities or racial
or religious groups." END NOTE.)
2. (C) It was unclear from the verdict whether the three
sentences were to be served consecutively (a total of 20
years incarceration) or concurrently (a maximum of ten years
in prison with the chance of parole for good behavior in five
years). Senior Counsel for Tissainayagam Anil Silva told
PolChief just after the verdict was announced that he
intended to submit an appeal before the Court of Appeals and,
if that failed, to appeal to the Sri Lankan Supreme Court.
Silva also told us that the government had never offered any
evidence to support its charge that Tissainayagam helped
fund, or accepted funding from, terrorists.
COMMENT
--------------
3. (C) The announcement of the guilty verdict against
Tissainayagam bucked what appeared last week to be the
beginnings of a trend with the release on bail of a group of
physicians who had been accused of collaboration with the
LTTE and the release from the IDP camps of a large group of
clergy, including six Catholic priests (ref A). The verdict
against Tissainayagam is likely to be poorly received by the
international community, including the EU, which is
considering whether to extend GSP plus benefits to Sri Lanka.
The Rajapaksa inner circle -- which sometimes has
demonstrated keen political calculus -- cannot be unaware of
the impact of the verdict on international opinion. Now
COLOMBO 00000855 002.2 OF 002
having demonstrated their resolve to stand tough against a
scapegoat journalist perceived to have aided "terrorism," the
Rajapaksas could make a gesture of magnanimity by pardoning
Tissainayagam. Violent criminals such as rapists and murders
have been pardoned in Sri Lanka, and press contacts note it
may be significant that Tissainayagam was not accused of
treason, a charge it would have been much more difficult for
the president to pardon.
4. (C) Embassy has been following this case very closely.
PolChief attended the verdict announcement along with other
members of the diplomatic community, and we contacted the
Minister of Justice and the MinJust Secretary to request that
Tissainayagam not be moved from the New Magazine Prison to
the Wellika Prison, where his life could be in greater
danger. Unfortunately, late in the afternoon of August 31,
we learned that Tissainayagam had been moved from New
Magazine probably to Wellika and that EU and Norwegian
diplomats had not been successful in their attempts to see
him at the new facility. We will attempt to see him on
Tuesday and will continue to urge the GSL to move
Tissainayagam back to the more secure prison. END COMMENT.
COHN
SIPDIS
DEPARTMENT FOR SCA/INSB
E.O. 12958: DECL: 08/31/2019
TAGS: PGOV PREL PREF PHUM PTER EAID MOPS CE
SUBJECT: JOURNALIST TISSAINAYAGAM CONVICTED, GIVEN 20 YEAR
SENTENCE
REF: A. COLOMBO 848
B. COLOMBO 333
C. COLOMBO 332
D. COLOMBO 281
E. COLOMBO 218
F. COLOMBO 171
G. COLOMBO 81
H. COLOMBO 54
I. COLOMBO 32
J. COLOMBO 25
K. COLOMBO 18 AND PREVIOUS
COLOMBO 00000855 001.2 OF 002
Classified By: CHARGE D'AFFAIRES REBECCA COHN. REASONS: 1.4 (B, D)
1. (SBU) On August 31, the Colombo High Court announced a
guilty verdict in the closely watched case of Sri Lankan
journalist Jayaprakash Sittampalam Tissainayagam. After
brief summation of arguments by the prosecutor and lead
defense counsel, the bailiff read the decision of Judge
Deepali Wijesundra (who is widely thought to be closely
connected to President Rajapaksa) finding Tissainayagam
guilty on all the charges of which he was accused under the
Prevention of Terrorism Act (PTA) and sentencing him to a
total of 20 years in prison. The charges included:
-- Conspiracy under PTA Section 2.1 (H) -- five years
imprisonment
-- Causing disharmony and violence under PTA 2.1 (H) -- five
years imprisonment
-- Collecting funds for terrorist activities and writing
subversive material under the government's 2003 Emergency
Regulations on combating terrorism -- ten years imprisonment.
(NOTE: Section 2.1 (H) of the Prevention of Terrorism Act No.
48 of 1979 stipulates "(B)y words either spoken or intended
to be read or by visible representations or otherwise causes
or intends to cause commission of acts of violence or
religious, racial, or communal disharmony or feelings of
ill-will or hostility between different communities or racial
or religious groups." END NOTE.)
2. (C) It was unclear from the verdict whether the three
sentences were to be served consecutively (a total of 20
years incarceration) or concurrently (a maximum of ten years
in prison with the chance of parole for good behavior in five
years). Senior Counsel for Tissainayagam Anil Silva told
PolChief just after the verdict was announced that he
intended to submit an appeal before the Court of Appeals and,
if that failed, to appeal to the Sri Lankan Supreme Court.
Silva also told us that the government had never offered any
evidence to support its charge that Tissainayagam helped
fund, or accepted funding from, terrorists.
COMMENT
--------------
3. (C) The announcement of the guilty verdict against
Tissainayagam bucked what appeared last week to be the
beginnings of a trend with the release on bail of a group of
physicians who had been accused of collaboration with the
LTTE and the release from the IDP camps of a large group of
clergy, including six Catholic priests (ref A). The verdict
against Tissainayagam is likely to be poorly received by the
international community, including the EU, which is
considering whether to extend GSP plus benefits to Sri Lanka.
The Rajapaksa inner circle -- which sometimes has
demonstrated keen political calculus -- cannot be unaware of
the impact of the verdict on international opinion. Now
COLOMBO 00000855 002.2 OF 002
having demonstrated their resolve to stand tough against a
scapegoat journalist perceived to have aided "terrorism," the
Rajapaksas could make a gesture of magnanimity by pardoning
Tissainayagam. Violent criminals such as rapists and murders
have been pardoned in Sri Lanka, and press contacts note it
may be significant that Tissainayagam was not accused of
treason, a charge it would have been much more difficult for
the president to pardon.
4. (C) Embassy has been following this case very closely.
PolChief attended the verdict announcement along with other
members of the diplomatic community, and we contacted the
Minister of Justice and the MinJust Secretary to request that
Tissainayagam not be moved from the New Magazine Prison to
the Wellika Prison, where his life could be in greater
danger. Unfortunately, late in the afternoon of August 31,
we learned that Tissainayagam had been moved from New
Magazine probably to Wellika and that EU and Norwegian
diplomats had not been successful in their attempts to see
him at the new facility. We will attempt to see him on
Tuesday and will continue to urge the GSL to move
Tissainayagam back to the more secure prison. END COMMENT.
COHN