JOURNALIST TISSAINAYAGAM RELEASED ON BAIL

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