SRI LANKA: A journalist remanded in Jaffna for merely
translating and publishing a storyAsian Human Rights
CommissionApril 20, 2015ISSUES: Freedom of expression; impunity;
rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information
that Mr. S. E. Logathayalan, a journalist working for the Uthayan
and the Thinakkural Newspapers in Jaffna was remanded on 8th
(Wednesday), April 2015, on orders of the Acting Magistrate, Point
Pedro for a period of 09 days. The Magistrate had issued the order
following a report submitted by police officers attached to the
Nelliyadi Police Station. On 8th April 2015, the Mr. Logathayalan
had earlier translated a news item from a popular English language
news website, alleging an attempted rape of young girl, by a police
officer attached to the Nelliyadi Police station - into Tamil and
had published the story in the Uthayan Newspaper.Following the
publication of the this news, the Editor and Mr. Logathayalan have
been summoned to appear before the Nelliyadi Police Station and
later produced before the Acting Magistrate of Point Pedro who had
remanded Mr. Logathayalan till 17th of April 2015.
While the Police have flatly denied these allegations in court,
journalists in Jaffna state that, their colleague has been remanded
without reason, and that criminal defamation is not a crime under
the law of the country. They state also that this news is neither a
threat to the national security nor has it named any police officer
therefore, the actions taken by the police officers to apprehend,
and remand the journalist is a blatant violation of their rights to
the freedom of speech and expression. They therefore, are seeking
justice, against the illegal actions of the police and demand a
free and a fair environment in Jaffna, to be able to exercise their
rights and to carry out their professions as journalists.CASE
NARRATIVE:
According to the information received by the Asian Human Rights
Commission (AHRC) Mr. S. E. Logathayalan, a journalist working for
the Uthayan and the Thinakkural Newspapers in Jaffna was remanded
on 8th (Wednesday), April 2015, on orders of the Acting Magistrate,
Point Pedro for a period of 09 days. The Magistrate had issued the
order following a report submitted by police officers attached to
the Nelliyadi Police Station. On 8th April 2015, the Mr.
Logathayalan had earlier translated a news item from a popular
English language news website, alleging an attempted rape of young
girl, by a police officer attached to the Nelliyadi Police station
- into Tamil and had published the story in the Uthayan
Newspaper.
Logathayalan is a staff reporter working for the Uthayan
Newspaper. He had translated into Tamil, a news item which had
already been published in an English language news website, and had
published the story in the 7th April 2015, issue of the Uthayan
newspaper.
According to the news, it revealed an incident where a police
officer had allegedly been engaged in an attempt to rape of a young
girl. The news item did not mention a name of any particular police
officer. It had merely stated that the alleged attempted rape had
been committed by a police officer attached to the Nelliyadi Police
Station.On 8th April 2015, police officers attached to the
Nelliyadi Police Station informed, the Editor of the Uthayan
Newspaper, Mr. T. Premananth and the staff reporter S. Logathayalan
to immediately report to the police station where they were both
questioned and statements were recorded.
Thereafter, police officers have brought both the editor and the
Logathayalan to the Magistrate Court of Point Pedro and produced
them before the Acting Magistrate. The Acting Magistrate had
questioned them in open court, asking the editor whether he is
personally aware about the alleged rape in the news story. Then the
editor when questioned had explained that he is merely the editor
of the newspaper and that he is not personally aware of the all the
news that is published. Mr. Logathayalan had also been questioned
about his involvement with the publication of the news item. He had
clearly explained to the court that he had translated the news item
into Tamil, a news which had already been published in English in a
website available to the public and which has millions of viewers
already reading its contents. Following the questioning, the Acting
Magistrate, and after hearing submission made by the police
officers, had proceeded to issue the order to remand Mr.
Logathayalan for a period of 9 days.
Later, the police announced in Court that the facts revealed in
the news item, is not true. However, they have not explained to
court, whether the police neither conducted a credible
investigation nor did they present clear information to the court
about this matter. Police simply denied the contents of the news
item so published. The police media statement further stated that
when the editor was questioned in court, Mr. Logathayalan remained
silent throughout and that had been the reason to remand him.
The journalist concerned states that according to the criminal
law of Sri Lanka criminal defamation is no longer a punishable
crime under the Penal Code or any other law in the country.
Further, they state that police officers were unable to establish
the fact that this news item carries any threat to national or
public security. Further, they clearly stated that this particular
news item did not make any personal allegation against any person.
Mr. Logathayalan had only been involved in translating a news item
which was already published in another public news site on the
internet, for the benefit of the Tamil readership. Journalists in
Jaffna claim that Mr. Logathayalan was arrested on illegal basis;
detained illegally; and was produced before the Magistrate Court of
Point Pedro on fabricated charges; all of which, amount to the
gross violation of his rights as a citizen of Sri Lanka.According
to information received, Mr. Logathayalan, had been released on
bail on 9th April, (Thursday) 2015.In the meantime, the Jaffna
Press Club (JPC) has stated that the journalists have been
continuously harassed by the Sri Lanka Police in Jaffna, the
so-called Terrorist Investigation Division (TID) of the Sri Lanka
Police and the officers belong to the Military Intelligence Units.
They further stated that it is very strange that the journalist was
remanded illegally for publishing a story that didnt violate the
norms of journalism.
Several days ago, on 17th of April, the Asian Human Rights
Commission issued an urgent appeal requesting independent and
impartial investigation into the intimidations and threats to the
lives of three journalists in Jaffna on 14th of April by
unidentified two persons, whom said to be identified as police
officers.
Before, this incident, journalists Mayoorathan Sreeramachandran
and Tharmapalan Vinojith have been harassed by the security
personals after they brought out the news of houses being destroyed
inside the High Security Zone (HSZ) in Valikaamam North. Majorathan
was subjected to an attack on the road by unidentified persons. The
JPC further states that the TID has been harassing them, and
continuously.
Journalists working in Jaffna seek justice. They further demand
protection for their lives and for that protection to be extended
to their professional work in Jaffna. To date, twelve days after
Mr. Logathayalan was prosecuted and remanded, the police have not
taken any action to withdraw the fabricated case and release
Logathayalan from such false charges.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing
your concern, requesting for an immediate investigation into this
matter of remanding a journalist by the police for carrying out his
profession as a journalist, and the prosecution of those proven to
be responsible under the criminal law of the country.Please note
that the AHRC will write a separate letter to the UN Special
Rapporteur on the promotion and protection of the right to freedom
of opinion and expression in this regard.To support this case,
please click here:
SAMPLE LETTER:
Dear ..,
SRI LANKA: A journalist remanded in Jaffna for merely translating a
news item
Name of the victim:S Logathayalan
Alleged perpetrator:Headquarters Inspector of Police (HQI),
Headquarters Police Station Jaffna
Date of incident:08th April 2015
Place of incident:Jaffna Headquarters Police DivisionI am writing
to express my serious concern over the case of Mr. S. E.
Logathayalan, a journalist working for the Uthayan and the
Thinakkural Newspapers in Jaffna was remanded on 8th (Wednesday),
April 2015, on orders of the Acting Magistrate, Point Pedro for a
period of 09 days. The Magistrate had issued the order following a
report submitted by police officers attached to the Nelliyadi
Police Station. On 8th April 2015, the Mr. Logathayalan had earlier
translated a news item from a popular English language news
website, alleging an attempted rape of young girl, by a police
officer attached to the Nelliyadi Police station - into Tamil and
had published the story in the Uthayan Newspaper.
Logathayalan is a staff reporter working for the Uthayan
Newspaper. He had translated into Tamil, a news item which had
already been published in an English language news website, and had
published the story in the 7th April 2015, issue of the Uthayan
newspaper.
According to the news, it revealed an incident where a police
officer had allegedly been engaged in an attempt to rape of a young
girl. The news item did not mention a name of any particular police
officer. It had merely stated that the alleged attempted rape had
been committed by a police officer attached to the Nelliyadi Police
Station.On 8th April 2015, police officers attached to the
Nelliyadi Police Station informed, the Editor of the Uthayan
Newspaper, Mr. T. Premananth and the staff reporter S. Logathayalan
to immediately report to the police station where they were both
questioned and statements were recorded.
Thereafter, police officers have brought both the editor and the
Logathayalan to the Magistrate Court of Point Pedro and produced
them before the Acting Magistrate. The Acting Magistrate had
questioned them in open court, asking the editor whether he is
personally aware about the alleged rape in the news story. Then the
editor when questioned had explained that he is merely the editor
of the newspaper and that he is not personally aware of the all the
news that is published. Mr. Logathayalan had also been questioned
about his involvement with the publication of the news item. He had
clearly explained to the court that he had translated the news item
into Tamil, a news which had already been published in English in a
website available to the public and which has millions of viewers
already reading its contents. Following the questioning, the Acting
Magistrate, and after hearing submission made by the police
officers, had proceeded to issue the order to remand Mr.
Logathayalan for a period of 9 days.
Later, police announced in Court that the facts revealed in the
news item, is not true. However, they have not explained to court,
whether the police neither conducted a credible investigation nor
did they present clear information to the court about this matter.
Police simply denied the contents of the news item so published.
The police media statement further stated that when the editor was
questioned in court, Mr. Logathayalan remained silent throughout
and that had been the reason to remand him.
The journalist concerned states that according to the criminal
law of Sri Lanka criminal defamation is no longer a punishable
crime under the Penal Code or any other law in the country.
Further, they state that police officers were unable to establish
the fact that this news item carries any threat to national or
public security. Further, they clearly stated that this particular
news item did not make any personal allegation against any person.
Mr. Logathayalan had only been involved in translating a news item
which was already published in another public news site on the
internet, for the benefit of the Tamil readership. Journalists in
Jaffna claim that Mr. Logathayalan was arrested on illegal basis;
detained illegally; and was produced before the Magistrate Court of
Point Pedro on fabricated charges; all of which, amount to the
gross violation of his rights as a citizen of Sri Lanka.
Journalists working in Jaffna seek justice. They further demand
protection for their lives and for that protection to be extended
to their professional work in Jaffna. To date, twelve days after
Mr. Logathayalan was prosecuted and remanded, the police have not
taken any action to withdraw the fabricated case and release
Logathayalan from such false charges.
In view of the above I earnestly request your urgent
intervention to ensure an immediate investigation into the incident
explained above of arresting and remanding a journalist - for
merely engaging in his professional duties - by the Nalliyadi
police and ensure the prosecution of those proven to be responsible
under the law land.Yours sincerely,---------------------PLEASE SEND
YOUR LETTERS TO:1. Mr. N.K. Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440
Email: [email protected]
2. Mr. Yuvanjana Wijayatilake
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: [email protected]
3. Secretary
National Police Commission
3rd Floor Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: [email protected]
4. Secretary
Human Rights Commission of Sri Lanka
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
Email: [email protected]
Thank you.
