We reproduce a letter sent by Prof.Rajiva Wijesinha, Secretary of the Ministry of Disaster Management and Human Rights Sri Lanka, to Human Rights Watch in response to its recent press release regarding the journalist J S Tissainayagam.
Mr. Brad Adams,Director / Asia
Human Rights Watch, London
Dear Mr. Adams,
I write with reference to your press release entitled ‘Free Journalist and Other Critics’, issued on August 8th. The impression of that release is that Mr. Tissainayagam has been arrested because he has criticized the government.
This is not accurate. Mr. Tissainayagam was arrested because of suspicions regarding connections to the LTTE, a terrorist organization which, as you are aware, is banned in several countries. In the days when the LTTE was engaged in negotiations with the Sri Lankan government, Mr. Tissainayagam developed connections with them, and with the Tamil Rehabilitation Organization (TRO). There was nothing wrong with this, but subsequently, as you know, the LTTE broke off negotiations, whilst it became clear that TRO funding was used for terrorist purposes – the TRO too has now been banned in several countries.
Unfortunately, there seemed to be evidence that Mr. Tissainayagam, or at least his business associates, continued their contacts with the LTTE and that some of their publications were designed to embarrass the Sri Lankan government through false accusations. After investigation, which took time given the delicate nature of the case, he has now been charged. While it is conceivable that he was being used by other forces, there is little doubt that what he published was questionable. Let me for instance draw your attention to the following passage - ‘Such offensives against the civilians are accompanied by attempts to starve the population by refusing them food as well as medicines and fuel, with the hope of driving out the people of Vaharai and depopulating it. As this story is being written, Vaharai is being subject to intense shelling and aerial bombardment’.
The passage is cited in the indictment which details the reasons for believing that he has transgressed our laws. The matter is now before the courts. He may well be acquitted, if intention cannot be proved, but you will agree that your own conduct in this regard suggests that there is a conspiracy – in which in all innocence you too may have been used – to halt the Sri Lankan forces in their tracks by rousing feeling against them that is based on false information.
Prof. Rajiva Wijesinha
Secretary
Ministry of Disaster Management and Human Rights Sri Lanka
You are well aware that the state security forces have done their best to follow international law in the course of operations. Despite dealing with one of the most ruthless terrorist outfits in the world, they have done better than others labouring under similar difficulties in trying to protect their own citizens (and sometimes the citizens of other countries) from appalling atrocities. Yet, ignoring the facts, you too have claimed publicly, with lurid headlines not borne out by argument, that Sri Lankan forces engaged in indiscriminate attacks on civilians. Your report made clear that this florid assertion was based on a single incident in which it was shown that mortar locating radar had precipitated firing on a site where LTTE cadres were present with weapons and where bunkers had been dug. Your well publicized claim was then widely used by the LTTE and its supporters in a manner that I am sure those opposed to terrorism would have found unfortunate. Your failure to respond to my detailed rebuttal of your claims, and indeed to cancel a meeting in the House of Commons at which I was looking forward to refuting some of your allegations, is symptomatic of the approach of institutions that will not engage in discussion but instead fling insults and care nothing about the damage that may be done.
Mr. Tissainayagam is a more responsible person, and it is in respect for his stature that this Ministry monitored his situation from the day he was arrested. The Minister for Disaster Management and Human Rights ensured that his wife had immediate access to him, and indeed arranged for her to be transported in an official vehicle. This was ignored in allegations that presented her as having to endure discomfort in going to see him, allegations that we have come to understand are part of an insidious pattern of distortion. Despite all this, whilst we cannot obviously interfere with police investigations and the deliberations of the Attorney General’s Department, we have carefully monitored his wellbeing, and can assure you that due process was always followed, and that he had ready access to his lawyers as well as family.
I should note in this respect that he was able to discuss matters confidentially with his lawyer, though as required by regulations there was a police presence within sight, but not earshot, contrary to your allegation. We would be grateful therefore if, whilst urging that Mr. Tissainayagam be treated according to the law, and that action should be expedited, you refrained from fraudulent suggestions that the exercise was intended simply to silence a critic of the government. Obviously, as your outbursts and those of others have made clear, his arrest was bound to lead to greater criticism, and I do not think that agencies of government are so stupid as not to have anticipated this. However, the influence of terrorists is extensive, and Sri Lanka needs to combat this thoroughly, using the law correctly. This will not be stymied, however crude the criticism that is flung at this country.
Yours sincerely,
Prof. Rajiva Wijesinha
Secretary
Ministry of Disaster Management and Human Rights Sri Lanka