![\"\"](\"http:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2011\/10\/sunday_leader_letters-colombo-telegraph2.jpg\" "\\"sunday_leader_letters")
<\/a>On October 26, 2009 Frederica Jansz and news editor Munza Mushtaq both received hand-written death threats, similar in style to the one Wickrematunga received before his death.<\/p><\/div>\n
A leaked US diplomatic cable details the media suppression situation in Sri Lanka.\u00a0The Colombo Telegraph found the cable from WikiLeaks database. The cable written on October 28, 2009 and classified as \u00a0\u201cSECRET\u201d by the Deputy Chief of Mission Valerie Fowler.<\/p>\n
The US Ambassador to Colombo Patricia A. Butenis wrote \u201cMore death threats against Sunday Leader represent a step backwards. The Sunday Leader can be sensational in its reporting and the paper is likely to make the most out of the recent threats. Nevertheless, the threats appear genuine to us and a cause for concern. We will remain in close touch with Jansz and Mushtaq.\u201d<\/p>\n
\u201cOn October 26, the Sunday Leader, the newspaper formerly edited by journalist Lasantha Wickrematunge who was murdered last January, ran as their headline \u2018And Now They Come for Us.\u2019 The accompany article reported that current editor-in-chief Frederica Jansz and news editor Munza Mushtaq both received hand-written death threats, similar in style to the one Wickrematunga received before his death. On October 27, PAO met with Jansz and Mushtaq, who brought copies of the threats and of the letter Wickrematunga had received and explained their suspicion that the letters were from the same person. They have sent the letters to a hand-writing expert for analysis. Janz and Mushtaq believe the threats may be related to a suit brought against them by Defense Secretary Gotabhaya Rajapaksa for some critical articles. The editors also complained the paper had been under criticism of late for publishing the findings of a U.S. \u2013 based Tamil NGO that the controversial Channel 4 video of alleged execution of Tamils by Sri Lankan soldiers was authentic.\u201dAmbassador Butenis further wrote.<\/p>\n
Under the subject \u201cSri Lanka press freedom issues: some steps forward, others back\u201d the US ambassador details the situation of the cases against \u2018Tissainayagam, Jasiharan and Valarmathy\u2019 , the Ministry of Defense instructions to arrest journalists who wrote about serving army officers\u2019 political aspirations and death threats against Sunday Leader.<\/p>\n
Read recent death threat to Sunday Leader Editor: If you want to escape you go to Temple Trees \u2013 Full text of the threatening\u00a0letter;\u00a0 <\/strong>http:\/\/colombotelegraph.com\/2011\/10\/28\/death-threat-to-sunday-leader-editor-if-you-want-to-escape-you-go-to-temple-trees-full-text-of-the-threatening-letter\/<\/a><\/strong><\/p>\n Read the full cable for further details;<\/p>\n […]<\/p>\n","protected":false},"author":21,"featured_media":1186,"comment_status":"open","ping_status":"open","sticky":true,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[53,31,57,1,65,27],"tags":[1143,1331,1329,1139,1161,1134,1263,6983],"class_list":["post-1112","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-global-politics","category-judiciary","category-law-and-order","category-news","category-press-freedom","category-wikileaks","tag-authoritarianism","tag-cases-against-tissainayagam-jasiharan-and-valarmathy","tag-death-threat-to-sunday-leader-editor","tag-democracy","tag-foreign-affairs","tag-human-rights","tag-us-embassy-cables-on-sri-lanka","tag-war-crimes"],"yoast_head":"\nVZCZCXRO2397\nOO RUEHBI\nDE RUEHLM #0993\/01 3011238\nZNY SSSSS ZZH\nO 281238Z OCT 09\nFM AMEMBASSY COLOMBO\nTO RUEHC\/SECSTATE WASHDC IMMEDIATE 0691\nINFO RUEHKA\/AMEMBASSY DHAKA PRIORITY 1991\nRUEHIL\/AMEMBASSY ISLAMABAD PRIORITY 9027\nRUEHKT\/AMEMBASSY KATHMANDU PRIORITY 7265\nRUEHLO\/AMEMBASSY LONDON PRIORITY 5188\nRUEHNE\/AMEMBASSY NEW DELHI PRIORITY 3415\nRUEHNY\/AMEMBASSY OSLO PRIORITY 5140\nRUEHOT\/AMEMBASSY OTTAWA PRIORITY 0017\nRUEHSM\/AMEMBASSY STOCKHOLM PRIORITY 0675\nRUEHKO\/AMEMBASSY TOKYO PRIORITY 4251\nRUEHCG\/AMCONSUL CHENNAI PRIORITY 9590\nRUEHBI\/AMCONSUL MUMBAI PRIORITY 6884\nRUEHON\/AMCONSUL TORONTO PRIORITY 1349\nRHEFDIA\/DIA WASHINGTON DC PRIORITY\nRUEHGV\/USMISSION GENEVA PRIORITY 3798\nRHHMUNA\/HQ USPACOM HONOLULU HI PRIORITY\nRUEHBS\/USEU BRUSSELS PRIORITY\nRHEHAAA\/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY\nRUEKJCS\/SECDEF WASHDC PRIORITY\nS E C R E T SECTION 01 OF 03 COLOMBO 000993\n\nSIPDIS\n\nDEPARTMENT FOR SCA\/INSB\n\nE.O. 12958: DECL: 10\/21\/2019\nTAGS: PGOV<\/a> PREL<\/a> PREF<\/a> PHUM<\/a> PTER<\/a> EAID<\/a> MOPS<\/a> CE<\/a>\nSUBJECT: SRI LANKA PRESS FREEDOM ISSUES: SOME STEPS\nFORWARD, OTHERS BACK\n\nREF: A. COLOMBO 855\n \u00b6<\/a>B. COLOMBO 864\n\nClassified By: DEPUTY CHIEF OF MISSION VALERIE C. FOWLER. REASONS 1.4\n(B) AND (D).\n\n \u00b6<\/a>1. (S) SUMMARY: On October 26, the two people arrested as\naccomplices in publishing imprisoned journalist\nTissainayagam's \"terrorist\" articles were released and\napparently acquitted of all charges. In releasing V.\nJasiharan and Valarmathy Vadivel, the high court judge noted\nthat the only evidence the prosecution had introduced against\nthem was the confession by Jasiharan, which there was reason\nto doubt was voluntary. Lawyers for Jasiharan and Vadivel\ntold diplomatic representatives that Tissainayagam's\nattorneys said the presidential secretariat on Monday had\nsignaled the president was prepared to grant Tissainayagam a\npardon. It is likely Tissainayagam's lawyers will be in\ntouch with the attorney general, who is in charge of\nnegotiating the conditions of a pardon. Also this week, news\nbroke about instructions from the Ministry of Defense to\npolice to arrest journalists who wrote about serving army\nofficers' political aspirations or activities based on army\nregulations prohibiting active military personnel from\nparticipating in political campaigns. It is widely assumed\nthe measure is meant to stifle discussion of a potential\npresidential candidacy for CHOD Fonseka. END SUMMARY.\nAN IMPORTANT VICTORY\n--------------------\n\n\u00b6<\/a>2. (SBU) On October 26, the Colombo High Court No. 4\nannounced the \"acquittal\" of all charges against V. Jasiharan\nand his common-law wife Valarmathy Vadivel, owners of the\npress that printed imprisoned journalist J.S. Tissainayagam's\nNorth Eastern Monthly and his partners in the related\nwebsite. (NOTE: Although their release was widely reported\nin the press as an \"acquittal,\" lawyers for Jasiharan and\nVadivel explained to us that the judge's oral ruling was\nunclear whether the two had been found \"not guilty\" -- the\nAmerican concept of \"acquittal\" -- or whether the charges\nwere being dropped for lack of evidence. The distinction\nwould have to await issuance of the judge's written opinion.\nEND NOTE.) Tissainayagam was first arrested on March 7,\n2008, when he went to a police station to inquire about the\narrest of Jasiharan and Vadivel the day before. The guilty\nverdict and sentencing of Tissainayagam were announced on\nAugust 31, 2009 (ref A).\n\n\u00b6<\/a>3. (SBU) Jasiharan had been charged under the Prevention of\nTerrorism Act (PTA) with attempting to cause racial or\ncommunal disharmony by publishing Tissainayagam's articles.\nVadivel was charged with aiding and abetting her husband. In\nreleasing Jasiharan and Vadivel, the judge noted that the\nonly evidence the prosecution had introduced against them was\nthe confession by Jasiharan, which there was reason to doubt\nwas voluntary. At the same time as the acquittal, Jasiharan\nwithdrew his fundamental rights counter suit from the Supreme\nCourt.\n\n\u00b6<\/a>4. (C) At an October 27 meeting with diplomatic\nrepresentatives, lawyers for Jasiharan and Vadivel, explained\nthat the acquittal had come about after it became clear that\nJasiharan's confession had been made under duress. There had\nbeen three medical reports issued that backed up the defense\nargument that the confession had been coerced: the first was\nprepared at the time of arrest and showed no injuries; the\nsecond was prepared later and indicated injuries; the third\nwas prepared still later and showed more injuries. When the\nprosecution recognized the direction the judge was leaning,\nit signaled it was ready to compromise: the charges would be\nwithdrawn if Jasiharan agreed to drop his fundamental rights\n\nCOLOMBO 00000993 002 OF 003\n\ncounter suit from the Supreme Court. The lawyers mentioned\nthat in the judge's final oral ruling, it was unclear whether\nthe charges had been dropped or whether the charge had found\nthe couple not guilty. In any case, the judge said he had\nseen \"no evidence\" to back up charges against the couple.\nThe judge even underscored that in the case of the wife, she\nhad been charged with \"aiding and abetting her husband's\naiding and abetting\" of Tissainayagam, which was absurd and,\ntherefore, there were \"absolutely no charges\" against her.\n\n\u00b6<\/a>5. (C) With their release from prison the focus shifted,\nhowever, from their court case to their personal safety. The\nlawyers said that as long as they were in jail, they were\nrelatively safe. (NOTE: This contrasted with the case of\nTissainayagam, whom the lawyers believed was in great danger\neven in jail. END NOTE.) After their release, however,\nthere may be people who were interested in doing them harm.\nThe lawyers said that in the past, they had had a number of\ncases of persons released who were later killed. (NOTE:\nWhile the number of cases has certainly declined since the\nend of the war -- we are unaware of any such retribution\nkillings since at least August, if not earlier -- we continue\nto take threats very seriously. The Germans and British are\nexploring asylum options for Jasiharan and Vadivel. END\nNOTE.)\n\nLATEST ON TISSAINAYAGAM\n-----------------------\n\n\u00b6<\/a>6. (S) On Tissainayagam, the lawyers said they had spoken to\nhis attorneys and had learned that on Monday the presidential\nsecretariat had signaled that the president was prepared to\ngrant Tissainayagam a pardon. (NOTE: They did not specify\nhow the signal was sent. END NOTE.) They noted that there\nwas no written law on whether the president could issue a\npardon without a request from the accused, though it was\nwidely assumed in legal circles that such a request was\nnecessary. The lawyers believed that Tissainayagam's team\nhad not submitted a pardon request up to this point because\nthey believed it was futile and were focused instead on the\nappeal. Now, however, the defense team would reconsider its\nstrategy. It was likely that Tissainayagam's lawyers would\nbe in touch with the attorney general, who was in charge of\nnegotiating the conditions of a pardon. (NOTE: Apart from\npost-pardon conditions, such as an agreement on public\nstatements about the case, etc., it also will be important\nfor the two sides to discuss the withdrawal of\nTissainayagam's appeal, which would be required before a\npardon could be issued. Typically in such cases,\nnegotiations result in a promise that a pardon will be issued\nlater on the same day as the appeal is withdrawn. There is\nlittle trust on either side, however, so negotiations could\nbe difficult. END NOTE.)\n\nBEATING A RETREAT\n-----------------\n\n\u00b6<\/a>7. (SBU) On the same day that the acquittal of Jasiharan and\nVadivel was announced, news also broke about instructions\nfrom the Ministry of Defense to police to arrest journalists\nwho wrote about serving army officers' political aspirations\nor activities based on army regulations prohibiting active\nmilitary personnel from participating in political campaigns.\n (NOTE: It is widely assumed that these instructions were\naimed at censoring discussion of the possible presidential\ncandidacy of CHOD Fonseka, who the Rajapaksa leadership\napparently views as the one candidate who might spoil the\npresident's re-election aspirations. END NOTE.) The\ngovernment has cited alleged violation of these regulations\nas the reason for its October 17 arrest of the editor of the\npro-JVP newspaper \"Lanka.\" Several press outlets have\n\nCOLOMBO 00000993 003 OF 003\n\ncondemned the government's actions as illegal, because the\nregulations relate to campaign activities of army personnel\nand have no legal bearing on media activities. Multiple\njournalists have protested, citing their freedom to report on\npublic statements. Despite the instructions, however, we\nhave seen no indication that news outlets are altering their\nbehavior, and there continue to be stories about Fonseka's\npossible candidacy in the press, including pro-GSL papers.\n\nMORE DEATH THREATS AGAINST SUNDAY LEADER\n----------------------------------------\n\n\u00b6<\/a>8. (C) On October 25, the Sunday Leader, the newspaper\nformerly edited by journalist Lasantha Wickrematunge who was\nmurdered last January, ran as their headline \"And Now They\nCome for Us.\" The accompanying article reported that current\neditor-in-chief Frederica Jansz and news editor Munza Mushtaq\nboth received hand-written death threats, similar in style to\nthe one Wickrematunga received before his death. On October\n27, PAO met with Jansz and Mushtaq, who brought copies of the\nthreats and of the letter Wickrematunga had received and\nexplained their suspicion that the letters were from the same\nperson. They have sent the letters to a hand-writing expert\nfor analysis. Jansz and Mushtaq believe the threats may be\nrelated to a suit brought against them by Defense Secretary\nGotabhaya Rajapaksa for some critical articles. The editors\nalso complained the paper had been under criticism of late\nfor publishing the finding of a U.S.-based Tamil NGO that the\ncontroversial Channel 4 video of the alleged execution of\nTamils by Sri Lankan soldiers was authentic. When asked\nwhether they thought they needed protection, Jansz and\nMushtaq replied that they had been offered the services of a\nprivate security firm but requested that the embassy put more\npressure on the defense secretary to improve the media\nenvironment.\n\nCOMMENT\n-------\n\n\u00b6<\/a>9. (C) The release and apparent acquittal of the printers\narrested with Tissainayagam is very good news. We have not\nyet seen the court's written judgment, but the verdict\nappears directly to contradict the conspiracy charges against\nTissainayagam since they were the people with whom he\nallegedly conspired to publish his \"terrorist\" writings. The\nstark contrast in the rulings probably stems from the\ndifferent routes the cases took through the legal system.\nTissainayagam was tried by a judge who did not usually handle\nPTA cases and was known for her support of the president;\nJasiharan and Vadivel went through normal channels. This was\nbad news for Tissainayagam but somewhat good news for the Sri\nLankan judiciary, which apparently can reach independent\nconclusions when political pressure is absent.\n\n\u00b6<\/a>10. (S) The president's apparent signal that he is ready to\nproceed with a pardon of Tissainayagam is also welcome news.\nNegotiations between the attorney general and Tissainayagam,\nhis family, and counsel could be difficult, given the high\nstakes. But we should encourage all parties to move to\nresolution as quickly as possible. More death threats\nagainst the Sunday Leader represent a step backwards. The\nSunday Leader can be sensational in its reporting and the\npaper is likely to make the most out of the recent threats.\nNevertheless, the threats appear genuine to us and a cause\nfor concern. We will remain in close touch with Jansz and\nMushtaq.\nBUTENIS<\/pre>\n","protected":false},"excerpt":{"rendered":"