if we examine the above post it is clear that fmm did not make proper inquiries from the cid, instead relying on indirect methods and unrealible political sources. then based on that they issued press releases and organized protests. this is not the first time this kind of activity was observed with regard to fmm. as just mal says this is not the way to regain their long lost credibility.

You raise some questions, which would have been excellent had we the Rule of Law culture and constitutional democracy. The more politically salient facts are as follows.

A bunch of civilian-clothed thugs arrive in unmarked white vans (already becoming synonymous with the Goni Billa of 1980s yore), grab you in the evening, and take off. Contemporaneous enquiries reveal that no police or invenstigative authority can confirm that they have been arrested (which as you know is a legal term necessitating certain procedural requirements to be fulfilled, notwithstanding the fact that selected clauses of the Criminal Procedure Code governing arrests have been suspended by Emergency Regulations, and by the re-operation of the PTA ).

Then two days later, the government spokesperson is on public record stating that these persons have in fact been ‘arrested’ and that they have ‘confessed’ to connections with the LTTE. If arrests can happen, however eggregious the alleged crime, by way of abduction; and that we can have trials of culpability by government and military officials displaying videos of ‘confession’ by suspects, what kind of bestial society is this? Why does not the utter moral despicability of this strike anyone? Has Sri Lankan society become so base and callous that we do not give a damn about liberty, personal security and constitutional rights? And that we give license to arbitrary arrest and torture in this way, just because we don’t sanction the methods of the LTTE?

The point is that it does not matter whether the person(s) the State arrests is a common pickpocket or a suicidal Black Tiger. The point is that the State is the guardian of the Rule of Law, of the Bill of Rights, and however objectionable the LTTE or its methods of resistance, it does not validate any action of the State that falls short of international standards regarding individual rights and liberty.

It is such a tragedy that nearly 60 years after independence, we are so utterly underdeveloped and tolerant of totalitarianism, that we should forget about constitutional government and go back to the system of government as existed in Kandy in the year 1815. At least then, there would be no need to justify arbitrariness, absolutistism, slavery and torture against any inconvenient rule of law based standard.

We all know what happened to the proverbial boy who cried wolf. There was no one to his rescue when the real wolf finally came around. Likewise, even a genuine accusation by FMM in the future will not get the attention it deserves when they’ve been discredited to such an extent. That’s why I think it’s important that FMM saves the tantrums for cases that are proven beyond reasonable doubt.

The families of these “journalists” were informed at the time of their “abduction” that they are being arrested by the Criminal Investigations Department. Why hadn’t the FMM made proper inquiries from CID before all this drama? Being loosely associated with a trade union newsletter does not make them bona fide journalists. Was there any evidence to link their arrests with any of their media related activities?

Perhaps FMM wasn’t happy with the lack of transparency and the disregard for “due process” in the early stages of custody. But surely this is reasonable considering the weight of the charges. These were urban terrorists, (allegedly) armed, trained and dangerous. CID needed to move in swiftly and silently to crack apart the group. They operate the same way when dealing with other types of organised criminal activities (esp drug rings).

For better or for worse, FMM is the only non-partisan organisation in Sri Lanka that stands for media freedom. It’s in all of our interest to see that it’s effective in doing what it’s meant to do ie. to fight real and existing (aot. fake/imaginary) threats to our rights and liberties. I might be easy to spoon feed foreign affiliates with cliched stories about brave reporters being persecuted by ze evil corrupt government, but earning the trust of ordinary Sri Lankans takes a tad more honesty, hard work and a vision.

“Under these directives no person shall be arrested or detained under any Emergency Regulation or the Prevention of Terrorism Act No. 48 of 1979 except in accordance with the law and proper procedure and by a person who is authorized by law to make such an arrest or order such detention.”

http://www.presidentsl.org/data/html/news/200607/20060704news2.htm

I’m not a lawyer – so am I reading this right? Strange that this wasn’t reported in the media.

While I am relying on the FMM version for this, any public servant especially in forces or police who reads this should remember that that is what you are. You are servants of the public. You are not keepers of the peace, or watchdogs of the community, and your salaries are paid by citizens.

Emergency regulation doesn’t change anything.

To resort to sudden abductions, and nontransparent behaviour is to behave in the very way that terrorists or criminals are accused of behaving and it does greater harm in terms of the public interest than what little advantage there is in surreptitously trying to nab a group of people.

Sunanda – two questions. Today’s Island (I think) and the Defense website specifically mention that you supported the release of those who were arrested. Is this true? I know that there have been so many allegations against you and FMM, and it can’t be a nice job to be in to face all that criticism, but I guess the perception given by the very media that you fight for is that the FMM is biased / LTTE supporters.

How true is this?

Sorry for my ignorance – and I hope that Groundviews doesn’t think my comment to be one that will bring in the kind of hate & nonsense that I’ve seen elsewhere in this website.