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Probe

Culture of impunity stalks media

N. Vidyatharan

By Dilrukshi Handunnetti, Mandana Ismail Abeywickrema and Raisa Wickrematunge

Now officially held by the Colombo Crimes Division (CCD) for questioning on allegedly assisting the LTTE to carry out the air attack on February 20, the so-called arrest of Sudaroli Editor N. Vidyatharan raises questions about force being used on the Editor prior to arrest in violation of the law.

As far as the Vidyatharan family goes, it is an abduction that is now conveniently being converted into an arrest. According to Media Minister Anura Priyadarshana Yapa, Vidyatharan was arrested as a suspect and not as a journalist. According to Police Spokesperson SSP Ranjith Gunasekera, it was originally an abduction by an armed group that later turned into an arrest.

As far as Sudaroli and Uthayan go, The Sunday Leader does not offer an endorsement on the newspapers' views on the LTTE. While their newspaper stance is at variance with that of The Sunday Leader, the issue here is the use of criminal force for a possible abduction that is now recognised as a formal arrest.

"Carried out without a warrant, this arrest was a violation of the rule of law," Reporters Without Borders said.

It is a legal requirement for the arresting agency to identify themselves and provide a receipt to the immediate family when someone is arrested.

Culture of impunity

Though harassed and questioned from time to time, Vidyatharan perhaps did not expect that the culture of impunity would extend its ugly hand in his direction so soon. On Thursday (26) morning, Vidyatharan made his way to Mahinda Florists, Mt. Lavinia to attend a family funeral. He was accompanied by his family as well as the Managing Director, Sudaroli Publishers Mass Media Syndicate Ltd, E. Saravanabavan.

At the parlour Vidyatharan stood next to Saravanabavan while the families paid their last respects to the deceased relative.

Around 9.30 a.m., a white van had approached the funeral parlour. The vehicle according to eyewitnesses bore the number HX 0640. Three persons in police uniforms carrying weapons had alighted from the van and made their way to where Vidyatharan was standing.

One person in police uniform had then grabbed Vidyatharan's left hand. Saravanabavan had inquired from the person as to why he was pulling Vidyatharan's hand. The response had been that he was from the Dehiwela Police Station and that Vidyatharan should leave with him.

Persons in police uniform

Saravanabavan realising all was not quite right had tried to pull Vidyatharan further into the parlour.

Seeing Saravanabavan pulling Vidyatharan inside, the other two persons in police uniform had also tried to pull Vidyatharan into the van. Seeing the commotion, everyone at the funeral parlour had joined Saravanabavan and tried to pull Vidyatharan back into the parlour.

Three more persons in civvies had then alighted from the van and had joined their colleagues trying to pull Vidyatharan out of the parlour.

The six persons who arrived in the white van finally managed to overpower Saravanabavan and the crowd and had dragged him on the ground and pushed him into the van.

Saravanabavan after recalling the horrific incident said that although the persons in police uniform had claimed to take Vidyatharan to the Dehiwela Police Station, the van when leaving the parlour had left in the other direction, towards Ratmalana.

Under constant threat

Mass Media Syndicate Ltd., that publishes the Sudaroli and Uthayan newspapers has been under constant threat. On May 3, 2006, ironically the day marked to celebrate Media Freedom, two employees of Mass Media Syndicate Ltd., were shot dead in their office in Jaffna.

On Wednesday (25) - the day before Vidyatharan's incident took place - a group of men who had identified themselves as officers from the intelligence unit had searched the Sudaroli office at Grandpass and had asked for the names and contact numbers of the journalists attached to the paper. Saravanabavan had not provided them with the requested details.

Soon after Vidyatharan's incident, an angry Saravanabavan charged that he had raised the issue with regard to security concerns faced by his employees with high authorities in the government including the President.

"I told the President several times that our security is at risk," he said, adding that his request to the IGP seeking permission to tint the windows of his vehicle was declined.

President's meeting

He claimed that he also raised the security threat during the meeting the President had with the media heads at Temple Trees in January.

At the media heads meeting that took place soon after the assassination of The Sunday Leader Editor-in-Chief Lasantha Wickrematunge, Saravanabavan had also raised concern over the attacks on the media and the fact that investigations conducted into them have been inconclusive.

After voicing his concerns, Saravanabavan had also told the President that he would be in danger for making such statements. The President had then responded by saying that if news were to reach outside, it would have to be released by a person present at the meeting.

He had serious concerns about the manner in which Vidyatharan was dragged out of the parlour. "If the police is arresting a person, there is a manner in which it is done. You do not barge into a funeral house and drag a person away," he said, adding that no one should be treated in such a degrading manner, dragged on the ground and pushed into a vehicle.

Soon after, family members had lodged complaints at three police stations - Dehiwela, Mt. Lavinia and Wellawatte.

Not aware of arrest

Interestingly, the Dehiwela Police had said they were not aware of Vidyatharan being arrested by any member of the Dehiwela Police. Mt. Lavinia Police had refused to comment.

Saravanabavan who claims his institution and staff to be under grave security threat alleges that a government minister is responsible for the repeated attacks but says he cannot understand who could be responsible for Vidyatharan's incident.

A few hours after the incident, Saravanabavan had received a call on the mobile phone of a confidant at the funeral, where Vidyatharan had come on line and said he was "Ok."

However, Vidyatharan did not disclose his whereabouts.

"Everyone we call say don't worry, but we are," Saravanabavan said citing the example of journalist J.S. Tissainayagam.

While Saravanabavan and the family members waited in anticipation for any word about Vidyatharan, Deputy Tourism Minister Faizer Mustapha who is also a member of the sub-committee appointed to look into issues faced by the media made his way to the funeral parlour.

Not in police custody

After asking Saravanabavan for the details, Mustapha began making a series of telephone calls to the IGP and DIG Nimal Mediwaka.

Both officers had told Mustapha at the time that Vidyatharan was not in police custody. The IGP reportedly told Mustapha that he was investigating to see if the police actually arrested Vidyatharan.

There are several issues that transpire from the Vidyatharan's arrest. To start with, there was no cohesion and coordination among the police stations. What's more, the Police Spokesperson was caught with his foot in the mouth having claimed that the journalist was abducted and later correcting it as a formal arrest. It certainly does not augur well for the Police Department altogether.

People get arrested all the time but the important fact is how it is done. The country's law is very clear and there are procedures laid out for arresting people. Not forgetting that criminal force cannot be used against a suspect.

The general courtesy of being informed of the reason for being arrested, if that is indeed an arrest was not accorded to Vidyatharan. He had every right to know why he was being arrested. And it does not warrant the excessive action of being pushed, shoved and being dragged on the ground.

Authorities unhappy

It is well known that the authorities are unhappy with the stance adapted by the Uthayan Group over the coverage on the conflict and the execution of war.

There is no disputing that the legal arm can extend to anyone and journalists do not enjoy immunity from the law. But it was criminal to use force on an unarmed person. That's what journalists generally are.

Vidyatharan recorded a statement with the CID on February 16 for a story published in his newspaper on the civilian casualties in the Wanni. If summoned by the CCD, there was every possibility that he would have complied with the law.

The manner in which he was arrested is mind-boggling. Equally stupendous are the explanations offered with regard to his so called arrest, as divergent as they come. Vidyatharan's arrest in that light is nothing but a reflection of the country's prevailing culture of impunity and the breakdown in the law and order situation.

Breaking News on Vidyatharan

10.12 am-Chief Editor of the Sudaroli newspaper N. Vidyatharan was abducted by an armed group while he was attending a function this morning- Daily Mirror

10. 12 am- Editor of the Sudaroli newspaper N Vidyatharan has been kidnapped around 10 a.m today while attending a funeral in Mt. Lavinia - staff official - Ada Derana

10. 25 a.m Editor of Sudaroli newspaper N. Vidyatharan abducted by a group in a van while at a funeral in Mt. Lavinia, police say Sudaroli MD - JNW

12.05 pm- Editor of the Sudaroli newspaper N. Vidyatharan was abducted by a gang who came in a white van says Police Spokesman - Ada Derana

12.22 pm- Editor of the Sudaroli N. Vidyatharan was arrested by the police in connection with the recent LTTE air attack on Colombo - Director General MCNS - Ada Derana

12.23 pm- Sudaroli Chief Editor N. Vidyatharan was not abducted as earlier suspected but was taken in for questioning by the police - Police Spokesman.

RSF defends Vidyatharan

In a news release on February 27, Reporters Without Borders claims it is stunned by government claims that N. Vidyatharan, the editor of the Tamil daily Sudaroli, helped the Liberation Tigers of Tamil Eelam (LTTE) rebels carry out a suicide air strike on Colombo on February 20.

To help refute the allegations, Reporters Without Borders offers the following statement by the head of its Asia Desk, Vincent Brossel, who met Vitdyatharan in Colombo last October.

"I was with N. Vidyatharan in the centre of Colombo on the night of October 28 to discuss the situation of his newspaper when the LTTE launched an air raid on the capital," Brossel said. "I can state that Vidyatharan was as surprised and scared as I was by this air strike and by the shots fired by the Sri Lankan air defence. He had not made or received any phone calls or shown any sign of nervousness prior to the attack."

A government minister and several state-owned news media have said the police suspect Vidyatharan of helping the LTTE carry out its February 20 air strike.

"If these allegations are based on the phone calls Vidyatharan received from the Wanni or from LTTE leaders, they are grotesque," Reporters Without Borders said. "A good journalist is supposed to be in contract with all the different parties to a conflict. And if he receives phone calls, he is in no way responsible for the identity of the people wanting to give him information."

The press freedom organisation added: "Despite the assurances we obtained from the media minister, we continue to be very concerned for Vidyatharan's safety and we call for his immediate release." His wife has been able to visit him twice in police custody since his arrest. He had visibly been injured during his arrest.

This is an abduction - Mano Ganesan

Colombo District legislator and Convenor, Civil Monitoring Commission (CMC), Mano Ganesan said what happened on Thursday morning was by all means an abduction. "Unidentified persons travelling in unidentified vehicles with a special vehicle registration denotes something different. Eyewitnesses said men in police uniform bearing arms assaulted bystanders. That is not a legal arrest," he argued.

Ganesan said Vidyatharan was a respected Tamil newspaper editor and the country should have 'zero tolerance' for abductions.

"Any lawful arrest is acceptable. Such arrests can also be challenged in a court of law. There are norms and regulations that govern democratic societies but in Sri Lanka, these norms and regulations are now swiftly fading away."

He said that the abduction has now turned into an arrest and the culture of impunity in the country was alarming.

FMM calls for action

Spokesperson, Free Media Movement (FMM), Sunil Jayasekara whilst condemning the kidnapping of the senior journalist, called upon the IGP to take immediate action.

He said the abduction has taken place in a high-security zone, in a city surrounded by police and army personnel. " The people involved in this incident have used force and carried weapons, forced the editor into a white van," he said.

Police Spokesperson says abducted, then arrested

Police Spokesperson, SSP Ranjith Gunasekara told The Sunday Leader that the Editor, Sudaroli newspaper, N Vidyatharan was still being questioned by the CCD.

Upon being asked as to the reason for the initial confusion as to whether Vidyatharan was abducted or arrested, Gunasekara said, "There is no confusion. The relatives (of Vidyatharan) went to the police station and said that he had been abducted. Upon investigation it was found that he had not been abducted, but arrested."

On Thursday, Gunasekera was widely quoted as having stated that an armed gang abducted Vidyatharan.

He later reversed the version and claimed the Colombo Crimes Division (CCD) was questioning the editor.

Dehiwela and Mt Lavinia confused

Following Vidyatharan's family members lodging complaints with both Dehiwela and Mt. Lavinia police stations, the two police stations appeared confused about the entire matter.

When contacted, officers from the Dehiwela police station denied Vidyatharan being arrested in their jurisdiction. Spokespersons from the Mount Lavinia police station refused to comment on the issue.

Not arrested as a journalist - Media Minister

Media Minister Anura Priyadarshana Yapa commenting on the arrest said that Vidyatharan was arrested by police on suspicion and not due to his role as a journalist.

He said once the investigations and examinations are concluded, he may be charged if there is any cause for pressing charges.

He continued, "He is a suspect in the eyes of the investigating officer. When they arrested him, they didn't know he was an editor or a journalist. They only acted to find out clues with regards to any issue or crime. Everyone is equal according to the law. This could happen to you, me or anyone."

Yapa further said that Vidyatharan was not arrested due to being a journalist and as such, it was not an issue concerning the media.

Uthayan under attack

The Uthayan Group has suffered untold hardships since commencement, from physical elimination to threat and intimidation.

While Vidyatharan was forcibly taken away, simultaneous telephone calls were being made to Uthayan workers threatening them with dire consequences if they do not leave the country.

Uthayan and Sudaroli have repeatedly been the targets of violence. Six of the group's employees have been killed since 2006 and its offices both in Jaffna and Colombo have been attacked several times with bombs and grenades.

War on journalists in Sri Lanka - IFJ

The International Federation of Journalists (IFJ) on Thursday stated that the Uthayan Editor's kidnap style arrest was part of the ongoing war against journalists in Sri Lanka.

"We condemn this display of thuggish tactics against journalists in Sri Lanka," said IFJ General Secretary, Aidan White.

"The harassment of media has now reached unprecedented levels and the world needs to speak out against the government's reckless behaviour."

"Vidyatharan was snatched from a ceremony without being served an arrest warrant or any reason being given for his arrest," added White. "His arrest and the official justification for it are consistent with the growing intolerance within the Sri Lankan government of critical and dissenting voices among the journalistic community."

Journalists arrested

Arthur Wamanan of The Sunday Leader in Mt. Lavinia on October 24, 2007

J.S. Tissainayagam, editor of Outreach website in Colombo by the TID on March 7, 2008

Asoka Fernando of The Sunday Leader arrested and granted bail on November 28, 2007.

K. Kumarathas of Uthayan in Jaffna on June 23, 2007.

Nagalingam Kennyoodsan, ITN producer in Dehiwela on August 26, 2008.

Gemunu Amarasinghe of AP by the Civil Defence Force in Colombo 5 on February 12, 2008 and released shortly.

S. Sivakumar, FMM spokesperson arrested by TID on March 8, 2008 and released.

Indian journalist Ali Ekram at Galle Cricket Stadium while on coverage on July 30, 2008.

Pinsiri Perera of Derana TV in Dehiwela on November 30, 2008.

A.R. Vaamaloshanan General Manager - by the TID on November 2008 and released with no charges being framed.

N. Vidyatharan, Editor of Sudaroli arrested in Mount Lavinia on February 26, 2009.

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