Identifier
Created
Classification
Origin
10COLOMBO20
2010-01-11 12:30:00
SECRET
Embassy Colombo
Cable title:
JOURNALIST TISSAINAYAGAM RELEASED ON BAIL
how-toVZCZCXRO5288 OO RUEHAG RUEHROV RUEHSL DE RUEHLM #0020/01 0111230 ZNY SSSSS ZZH O 111230Z JAN 10 ZDK FM AMEMBASSY COLOMBO TO RUEHC/SECSTATE WASHDC IMMEDIATE 1101 INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEHKA/AMEMBASSY DHAKA PRIORITY 2247 RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 9269 RUEHKT/AMEMBASSY KATHMANDU PRIORITY 7524 RUEHLO/AMEMBASSY LONDON PRIORITY 5360 RUEHNE/AMEMBASSY NEW DELHI PRIORITY 3682 RUEHNY/AMEMBASSY OSLO PRIORITY 5285 RUEHOT/AMEMBASSY OTTAWA PRIORITY 0146 RUEHSM/AMEMBASSY STOCKHOLM PRIORITY 0816 RUEHKO/AMEMBASSY TOKYO PRIORITY 4407 RUEHCG/AMCONSUL CHENNAI PRIORITY 9831 RUEHBI/AMCONSUL MUMBAI PRIORITY 7120 RUEHON/AMCONSUL TORONTO PRIORITY 0141 RHEFDIA/DIA WASHINGTON DC PRIORITY RUEHGV/USMISSION GENEVA PRIORITY 3983 RHHMUNA/HQ USPACOM HONOLULU HI PRIORITY RUEHBS/USEU BRUSSELS PRIORITY RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY
S E C R E T SECTION 01 OF 02 COLOMBO 000020
SIPDIS
DEPARTMENT FOR SCA/INSB
E.O. 12958: DECL: 01/08/2020
TAGS: PGOV PREL PREF PHUM PTER EAID MOPS CE
SUBJECT: JOURNALIST TISSAINAYAGAM RELEASED ON BAIL
REF: A. 09 COLOMBO 1176
B. 09 COLOMBO 993
C. 09 COLOMBO 855
D. 09 COLOMBO 848
E. 09 COLOMBO 333
F. 09 COLOMBO 332
G. 09 COLOMBO 281
H. 09 COLOMBO 218
I. 09 COLOMBO 171
J. 09 COLOMBO 81
K. 09 COLOMBO 54
L. 09 COLOMBO 32
COLOMBO 00000020 001.2 OF 002
M. 09 COLOMBO 25
N. 09 COLOMBO 18
O. AND PREVIOUS
Classified By: CHARGE D'AFFAIRES VALERIE C. FOWLER. REASONS: 1.4 (B, D
)
S E C R E T SECTION 01 OF 02 COLOMBO 000020
SIPDIS
DEPARTMENT FOR SCA/INSB
E.O. 12958: DECL: 01/08/2020
TAGS: PGOV PREL PREF PHUM PTER EAID MOPS CE
SUBJECT: JOURNALIST TISSAINAYAGAM RELEASED ON BAIL
REF: A. 09 COLOMBO 1176
B. 09 COLOMBO 993
C. 09 COLOMBO 855
D. 09 COLOMBO 848
E. 09 COLOMBO 333
F. 09 COLOMBO 332
G. 09 COLOMBO 281
H. 09 COLOMBO 218
I. 09 COLOMBO 171
J. 09 COLOMBO 81
K. 09 COLOMBO 54
L. 09 COLOMBO 32
COLOMBO 00000020 001.2 OF 002
M. 09 COLOMBO 25
N. 09 COLOMBO 18
O. AND PREVIOUS
Classified By: CHARGE D'AFFAIRES VALERIE C. FOWLER. REASONS: 1.4 (B, D
)
1. (C) On January 11, Sri Lankan journalist Jayaprakash
Sittampalam Tissainayagam -- who last August was convicted by
a Sri Lankan high court under the Prevention of Terrorism Act
(PTA) for publishing articles critical of the Sri Lankan
Government's (GSL) war effort, conspiring with others to
publish the articles, and accepting funding to support the
publishing operation ("terrorist finance") -- was granted
bail of 50,000 rupees (about 450 USD) and the surrendering of
his passport. The bail hearing was held on the morning of
January 11 but release could not take place until the proper
paperwork was received at the Wellikada Prison. The Prison
Commissioner told us he would do what he could to expedite
the process but needed to receive the official court order
via courier from the courthouse. At COB on January 11, the
paperwork had not yet made its way to the prison. We expect
Tissainayagam's release on January 12, and Embassy will seek
a meeting with him as soon as possible.
2. (C) A deputy solicitor general in the Office of the
Attorney General told us that despite surrendering the
passport, Tissainayagam could make a "soft" application to go
abroad at the advice of his physicians to consult a
specialist. (NOTE: Tissainayagam suffers from an eye
condition that could lead to detached retinas. This
condition figured prominently in Tissainayagam's bail
application. END NOTE.) Although released on bail,
Tissainayagam remains subject to his 20-year prison sentence,
which is on appeal. If the appeal were unsuccessful,
Tissainayagam would have to begin serving the full length of
the sentence minus the few weeks he served before the appeal
was submitted.
3. (S) On another track, defense lawyers have submitted a
letter from Tissainayagam to President Rajapaksa requesting a
pardon. We understand that the president is considering the
request.
COMMENT
--------------
4. (S) Release of Tissainayagam on bail is an important step
in addressing this grave injustice and stain on Sri Lankan
democracy. The charges against him were politically
motivated and probably designed to scare other Sri Lankan
journalists -- particularly Tamils -- into line. (He was the
first Sri Lankan journalist tried and convicted under the
draconian press provisions of the PTA.) Whether the
president will take the next step and grant Tissainayagam a
pardon is a decision probably heavily influenced by election
calculations. Word on the street is that Tamils are all
talking about the bail release but know Tissainayagam remains
subject to the charges. Granting a pardon would not likely
COLOMBO 00000020 002.2 OF 002
sway large numbers of Tamil voters, but in a race as
potentially close as this one, even a few votes could be
important. Embassy actively has encouraged the president to
pardon Tissainayagam as an important step in national
reconciliation and to re-build relations with the
international community. We are guardedly optimistic that he
may do so before the election on January 26.
FOWLER
SIPDIS
DEPARTMENT FOR SCA/INSB
E.O. 12958: DECL: 01/08/2020
TAGS: PGOV PREL PREF PHUM PTER EAID MOPS CE
SUBJECT: JOURNALIST TISSAINAYAGAM RELEASED ON BAIL
REF: A. 09 COLOMBO 1176
B. 09 COLOMBO 993
C. 09 COLOMBO 855
D. 09 COLOMBO 848
E. 09 COLOMBO 333
F. 09 COLOMBO 332
G. 09 COLOMBO 281
H. 09 COLOMBO 218
I. 09 COLOMBO 171
J. 09 COLOMBO 81
K. 09 COLOMBO 54
L. 09 COLOMBO 32
COLOMBO 00000020 001.2 OF 002
M. 09 COLOMBO 25
N. 09 COLOMBO 18
O. AND PREVIOUS
Classified By: CHARGE D'AFFAIRES VALERIE C. FOWLER. REASONS: 1.4 (B, D
)
1. (C) On January 11, Sri Lankan journalist Jayaprakash
Sittampalam Tissainayagam -- who last August was convicted by
a Sri Lankan high court under the Prevention of Terrorism Act
(PTA) for publishing articles critical of the Sri Lankan
Government's (GSL) war effort, conspiring with others to
publish the articles, and accepting funding to support the
publishing operation ("terrorist finance") -- was granted
bail of 50,000 rupees (about 450 USD) and the surrendering of
his passport. The bail hearing was held on the morning of
January 11 but release could not take place until the proper
paperwork was received at the Wellikada Prison. The Prison
Commissioner told us he would do what he could to expedite
the process but needed to receive the official court order
via courier from the courthouse. At COB on January 11, the
paperwork had not yet made its way to the prison. We expect
Tissainayagam's release on January 12, and Embassy will seek
a meeting with him as soon as possible.
2. (C) A deputy solicitor general in the Office of the
Attorney General told us that despite surrendering the
passport, Tissainayagam could make a "soft" application to go
abroad at the advice of his physicians to consult a
specialist. (NOTE: Tissainayagam suffers from an eye
condition that could lead to detached retinas. This
condition figured prominently in Tissainayagam's bail
application. END NOTE.) Although released on bail,
Tissainayagam remains subject to his 20-year prison sentence,
which is on appeal. If the appeal were unsuccessful,
Tissainayagam would have to begin serving the full length of
the sentence minus the few weeks he served before the appeal
was submitted.
3. (S) On another track, defense lawyers have submitted a
letter from Tissainayagam to President Rajapaksa requesting a
pardon. We understand that the president is considering the
request.
COMMENT
--------------
4. (S) Release of Tissainayagam on bail is an important step
in addressing this grave injustice and stain on Sri Lankan
democracy. The charges against him were politically
motivated and probably designed to scare other Sri Lankan
journalists -- particularly Tamils -- into line. (He was the
first Sri Lankan journalist tried and convicted under the
draconian press provisions of the PTA.) Whether the
president will take the next step and grant Tissainayagam a
pardon is a decision probably heavily influenced by election
calculations. Word on the street is that Tamils are all
talking about the bail release but know Tissainayagam remains
subject to the charges. Granting a pardon would not likely
COLOMBO 00000020 002.2 OF 002
sway large numbers of Tamil voters, but in a race as
potentially close as this one, even a few votes could be
important. Embassy actively has encouraged the president to
pardon Tissainayagam as an important step in national
reconciliation and to re-build relations with the
international community. We are guardedly optimistic that he
may do so before the election on January 26.
FOWLER