SRI LANKA: A journalist remanded in Jaffna for merely translating and publishing a story

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 didn’t 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: SEND APPEAL LETTER