Court overrules submission to transfer Tissainayagam to prison

By T. Farook Thajudeen

The Colombo Chief Magistrate, yesterday, made order to continue the detention of journalist J.S.S. Tissainayagam, V. Jesiheren and Valarmadi Vaduvel with the Terrorist Investigation Division (TID).
The magistrate in his order stated that the suspects were detained by the TID on detention orders of the Defence Secretary, and produced before in court on the pleadings of the suspects’ counsel, and court had no jurisdiction to make order to remand them in prison.
On May 5 they were not produced in court, and the TID had informed court that they were taken away for some investigations. Accordingly the case was called on June 26, and the suspects were produced in court on that day. They were produced in court on that day on the application of the suspects’ counsel made on June 23.
On that day the seventh suspect’s counsel had complained that the fifth suspect had been tortured at the TID. The court ordered the TID to produce the suspect before the JMO for examination and report. The TID were also ordered to file a report.
The suspects’ counsel had subsequently brought to the attention of the court the Emergency Regulations of August 13, 2008, and submitted that detaining them with the TID was illegal since 90 days had already elapsed. Even under a valid detention order the question arises about the place of detention, he said.
The magistrate stated the question before the court was whether court had jurisdiction to remand them in prison
There is no jurisdiction for the magistrate to release the suspect without the Attorney General’s consent, according to the provisions of Bail Act, although the magistrate has the jurisdiction to enlarge suspects in bail when a suspect was detained for 90 days. If the OIC is of the opinion that the suspect should be released, the OIC is empowered to do so
On the lapse of 90 days, if the OIC is not continuing the investigating, the suspect should be produced in court for the court to make appropriate order.
If there is proof that the suspects had committed an offence and the investigations were not completed, they could be further detained, according to the Defence Secretaries Gazette notification. At the end of 90 days if the suspects were produced in court, it means that the investigations were concluded.
In this case the TID did not produce the suspects in court at the conclusion of the investigations.
In this case counsel for one of the suspects complained to court that the suspect had been assaulted and court ordered the TID to produce him before the JMO for examination and report.
At this stage the TID did not voluntarily produce the suspects in court. Neither had the TID reported that the investigations were concluded. Therefore to detain the suspect in a prison would result in the judiciary being found fault with for rupturing the investigations of the TID.
Accordingly, court dismissed the counsels’ pleadings and made order to detain the suspects with the TID.
The magistrate allowed an application to allow Tissainayagam to obtain a pair of spectacles after testing his eyes at the Eye Hospital. The case will be called on September 5
Counsel M. A. Sumanthiran and K.V. Thavarasha appeared for the suspects.

Silent demo. for Tissa’s release

By Kurulu Kariyakarawana

Journalists, human rights activists and members of the clergy held a silent demonstration outside the Colombo Chief Magistrate’s Court premises yesterday, demanding the immediate release of detained columnist J S Tissainayagam.
Journalists representing five media organizations: the Sri Lanka Working Journalists’ Association, the Sri Lanka Tamil Journalists’ Alliance, the Sri Lanka Muslim Media Forum, the Federation of Media Employees’ Trade Unions and the Free Media Movement, took part in the demonstration, which continued for a couple of hours.
The demonstrators displayed placards calling for the immediate release of Mr. Tissainayagam, who has been in detention for more than 100 days.
Sri Lanka Working Journalists’ Association President Sanath Balasooriya said the journalist had been detained on suspicion at the Terrorist Investigation Division for over 115 days without any charges being framed against him.

Request to release journalist Tissanayagam -

A media that operates independently plays a very important role in ensuring the healthy and meaningful functioning of a government. Keeping the public informed and developing a sense about their own rights is amongst the important roles played by media.

Suppression of media freedom is am indicator of an unhealthy society. It is the duty of any democratic society to ensure the growth of a media tradition that understands the pulse of the people.

When we look at the present government, it appears that some incidents take place without the knowledge of responsible authorities of the government. The invasion of the state television station by a government minister is one example. It was clear that a small incident developed into a situation that was unfavorable to the government.

Although many recent incidents have taken place with the involvement of some people, they had resulted in the government being placed in an unfavorable situation before the people. A situation that will warrant the intervention of the President into each small incident should be avoided. It seems that there are responsible and experienced ministers within the present cabinet.

Therefore, if defense authorities have suspicions about journalist Tissanayagam, they should investigate the facts in a clear manner and take up the matter in courts.

It is not proper, particularly in the present context, that the government continues to keep him in prolonged detention.

Therefore, if no court proceedings are initiated, I call on relevant authorities to release him soon.

Ven. Baddegama Samitha Thero
Ex Member of Parliament
Member of the Baddegama Pradeshiya SabhA
Polibureau Member poliburea, Lanka Samasamaja Party (LSSP)

27th June 2008