SRI LANKA: A journalist remanded in Jaffna

for merely translating and publishing a story

April 20, 2015

ISSUES: Freedom of expression; impunity; rule of law

-----------------------------------------------------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 Division
I 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: com@police.lk
2. Mr. Yuvanjana Wijayatilake
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA

Fax: +94 11 2 436421

E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: polcom@sltnet.lk
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: sechrc@sltnet.lk
Thank you.