Human rights defender Sanatha Fernando released on bail after 250 days in detention

Mr. Santha Fernando, the executive secretary for justice and peace of the National Christian Council was arrested by the NIB and at the airport on 27th March and detained by the TID was given bail today, 11th October 2009. He had been on his way to India for a meeting and arrested after finding documents in his luggage concerning the humanitarian crisis in the Vanni region. He had been arrested under the provisions of the prevention of terrorism act and under the provisions of the emergency regulations.

The bail was granted by the judge based on short oral submission by the defense and consent of the attorney general. In his submission the defense counsel asked for bail and stated that: Previously, Mr. Fernando’s bail application had been

rejected by courts, with the reason that the consent of the attorney general is needed in order for a suspect arrested under Prevention of Terrorism A ct and Emergency Regulations. However, now the attorney general had consented to give bail. According to Mr. Fenando the material in the CD based on which he was arrested and detained, had been downloaded from the Internet. There were no materials that he had produced. To consider the facts that the suspect doesn’t face any other charges at present or in past, no previous convictions and also that he is 64 years old.
The judge stated that she could grant Mr. Fernando bail if the AG doesn’t have any issues regarding it. The state counsel too didn’t object to this as the attorney general has given permission to grant bail.

The judge granted Mr. Fernando bail on following conditions: Two sureties of 200,000 each, That Mr. Fernando has to give the court his passport number and this will be transmitted to Dept of Immigration, That he has to notify the courts if he wants to leave the country and get the permission from the court, That he has to report to the TID office between 9-12 in the morning on the last Sunday of every month.

The judge also asked TID officers whether detention orders had been obtained as stipulated by law. TID officers mentioned Santha was remanded based on his confession and that detention orders after the initial one were filed with the attorney general.

The judge fixed February 24th 2010 as the next day for the case to be taken up.