CMEV Interim Report 06 Provincial Council Elections - July 2004. This document is in Adobe PDF format (372 kb)

Introduction

The Centre for Monitoring Election Violence (CMEV) was formed in 1997 by the Centre for Policy Alternatives (CPA), the Free Media Movement (FMM) and the Coalition Against Political Violence as an independent non-partisan organization to monitor the incidence of election – related violence. CMEV has monitored every national, provincial and local election since 1997, including the last Presidential Election (1999) and the General Elections of 2000, 2001 and 2004. The Centre for Policy Alternatives (CPA) functions as the Secretariat of CMEV.

CMEV appoints Field Monitors to Polling Divisions, Coordinators at both Sub Office (District) and Provincial Levels and a minimum of 15 Monitors or Election Day Monitors in each Polling Division on the day of the polls. Mobile Teams are also deployed on Election Day. Information on the incidence of election related violence is corroborated at the level of the Polling Division, Sub Office Coordinator and finally Provincial Coordinator levels, before it is released to the media. The three Co-Convenors, Ms Sunila Abeysekera, Dr Paikiasothy Saravanamuttu and Mr Sunanda Deshapriya sign all Media Releases and Reports. CMEV Monitors sign a pledge affirming their commitment to independent, non-partisan monitoring and are trained before deployment.

On Election Day, CMEV will have 101 Field Monitors, 13 Sub Office Coordinators, 1,702 Election Day Monitors and 60 Mobile Team members, making a total of 1,876 Monitors.

CMEV has monitored the situation relating to incidents of election-related violence including violations of election law from the commencement of nominations (28 May 2004). This Report deals with the period 28 May 2004 to 07 July 2004.

Profile of Violence

Of a cumulative total of 391 incidents, 52 (13.3%) have been classified as Major Incidents. This includes 01 Murder in the Ratnapura District, 02 Attempted Murders in the Anuradhapura District, 12 incidents of Hurt, 22 Assaults, 06 Threat & Intimidation, 05 acts of Arson and 04 incidents of the Misuse of State Resources in various districts of the 6 Provinces.

Of the 339 incidents identified as Minor Incidents, 17 are classified as acts of Mischief, 23 as Threats and 06 as Damage to Property spread over the 15 Districts of the 06 Provinces. Thirteen 13 incidents involving firearms have also been reported. Two Hundred and Ninety Three (293 or 74.94 %) reports of incidents in the Minor category are classified as election related offenses or Violations of Election Law.

The Western Province has recorded the most number of incidents (184 or 47.06 %) followed by the Uva Province with 61 incidents (15.60 %). The corresponding figure for the Southern Province is 51 or 13.04%, and for the Central Province it is 46 incidents or 11.76 % of the overall total. There have been 30 incidents (7.67%) in the Sabaragamuwa Province and 19 incidents or 4.86 % in the North Central Province.

Of the main contesting parties, the UPFA is cited as the alleged perpetrator of violence in 201 (51.41 %) incidents. The UNF is cited as the alleged perpetrator in 134 (34.27%) incidents of violence.

Geographical spread of violence

Western Province

The Western Province has recorded the highest number of incidents (184 or 47.06 %). Of these 16 are Major Incidents and 168 are Minor Incidents. This figure includes 05 Major Incidents in the Colombo District (01 Hurt, 03 Assaults and 01 act of Arson), 08 in the Gampaha District (02 Hurt, 02 Assaults, 02 Threat & Intimidation and 02 acts of Arson) and 02 Assaults and an instance of the Misuse of State Resources in the Kalutara District.

Of the 168 incidents that fall under the Minor category, there are 151 elections related offences or Violations of Elections Law, 09 Threats, 06 Mischief and 02 Damage to Property. The majority of the election related offences involves attempts to either display or transport campaign material in public spaces. Four (04) incidents involving firearms have also been reported in the Western Province.

Candidates advised by Magistrate of poster related issue- On 28^th June, a Colombo Magistrate released 05 Gampaha District candidates who displayed their posters in public places after being advicesd not to display propaganda material in public places. This was following a complaint made by the Peliyagoda police who accused the said candidates - 03 from the UPFA and 02 from the UNF- of repeatedly displaying posters amid police efforts to remove them.

Arson in Kotte -Kotte MC Opposition Leader W.Wicramapala had his vehicle set on fire by unknown persons on 04 July after he had returned home from a campaign meeting. Police, when contacted, informed CMEV that the vehicle was completely destroyed and the loss estimated at around RS1.5 million. Although neither identity nor party affiliations of the arsonists are clear, it was W.Wickramapala’s view that it was politically motivated.

Central Province

In the Central Province, CMEV has recorded a total of 46 incidents of violence. This total is made up of 09 Major Incidents and 37 Minor Incidents.

In the Kandy District there have been 02 Assaults and 20 election related offences recorded so far. Eleven (11) Minor offences (08 Violations of Elections Law, 01 Damage to Property and 02 Threats) have been recorded in the Matale District. There are 05 Major Incidents in the Nuwara Eliya District - 04 Assaults and 01 Hurt.

UPFA member assaulted and threatened– Katugasthota- a UPFA member Rajapakshagedera Kumarasingha in a complaint to the Kandy Police accused the Chairman of Pujapitiya PS of assaulting and threatening him on 05^th of June.

UPFA candidate assaulted- Kotmale – Nuwara Eliya- Ananda Weerasekera, UPFA candidate in a complaint to the Pundalu Oya Police accused supporters of UPFA candidate J M C Jayasekera of assaulting him on 04^th of June in Kotmale town.

North Central Province

In the North Central Province, there have been a total of 19 incidents recorded by CMEV, with 15 in Anuradhapura and 04 in Polonnaruawa District. Of the 15 incidents in Anuradhapura District CMEV has classified 09 incidents as Major Incidents including 02 Attempted Murders. Other incidents are - 01 Hurt, 01 Threat & Intimidation, 02 Arson and 03 instances of the Misuse of State Resources. This also includes 03 incidents involving the use of firearms.

In the Polonnaruwa District a total of 04 incidents were recorded by CMEV, with 01 Hurt, 01 Threat & Intimidation and 02 elections related offences or Violations of Elections Law.

Attempted murder in Nochchiyagama- A Chaminda Janaka Yapa, a former UNF Pradeshiya Sabha member and a cluster leader of the UNP was shot by 2 unidentified assailants on the night of 20^th June. Yapa who sustained injuries to the leg was admitted to Anuradhapura Hospital and later released .The victim believed that the shooting was connected with his continuing support for 3 UNF candidates The Police however refute the claim and point out that it may be connected to a personal matter.

UNF-UPFA Clash in Hingurakgoda- On 4th July 2004, CMEV recorded an incident in Hingurakgoda, in the Polonnaruwa District of the North Central Province, where a clash between groups of UNF and UPFA supporters resulted in the Police using teargas and baton charges to control the situation. Following the incident a UPFA (JVP) supporter has been admitted to the Hingurakgoda hospital with head injuries while few others including 3 police officers and a journalist had received minor injuries.

It is alleged that on 4^th July, the UNF group led by few UNF candidates for the North Central Provincial Council and UNP parliamentarians Earl Gunasekara and Gamini Jayawicrama Perera who were involved in a demonstration, clashed with a group of UPFA supporters involved in preparations for a scheduled meeting. Resisting the Police efforts to break up the clash, the UNF supports have allegedly stoned the Police forcing the Police to deploy riot units and teargas to prevent the further spread of the clash.

When contacted by CMEV, the HQI of Hingurakgoda Police confirmed that the UNF group involved in a demonstration had clashed with the UPFA supporters. He added that two UNF members have been taken into custody in connection with the clash. They were identified as Gamini Nagoda UNF PS member and deputy chairman of the Hingurakgoda PS and Sudath Wimalasekera UNF PS member of Hingurakgoda PS.

Grenade attack in Polonnaruwa -Pradeep Kumara, driver of R M Punchi Banda, UPFA Candidate for the North Central Provincial Council in a complaint to the Polonnaruwa Police has stated that his house came under a grenade attack around 0100hrs yesterday 7^th July. While no person was hurt in the attack, it is reported that a vehicle parked in the premises has been damaged along with some sections of the property. The HQI of the Polonnaruwa Police informed CMEV that the attack appears to have been committed by an unidentified party or person in order to intimidate. He said it was not a case of an attempted murder.

Candidates house shot at- Anuradhapura-In another incident in Galenbindunuwewa in Anuradhapura District, U Mohammed Thaufik, UNF candidate for the North Central Province has reported that unknown persons fired 04 shots at his house on the same day(7^th July) around 1200hrs, causing no harm to any occupants but damaging a few windows. Following inquiries made by CMEV, M G A Samarasekera, Secretary to the UNF Provincial Council chief ministerial candidate, alleged that members of the JVP were involved in the incident. Chameera Sandaruwan of the JVP District office in Anuradhapura rejected the allegation.

Southern Province

The Matara District has recorded a total of 17 incidence of violence. This includes 01 Hurt, 02 acts of Mischief and 13 Election Offenses. The corresponding figure for the Galle District is 24 incidents. This makes it the district with the highest number of elections related acts of violence in the Southern Province. Of this total, 04 incidents are classified as Major Incidents (02 Hurt and 02 Assault) and the remaining 20 Minor Incidents include 04 acts of Mischief, 01 Threat, 01 Damage to Property and 14 Elections offenses. The Hambantota District has a total of 10 incidents with 02 Assaults, 01 Mischief and 07 election offences.

JVP member assaulted – Tangalle- Nimal Punchipatabendige, member of JVP in Tangalle was assaulted allegedly by a group led by Keerthi Wedaarachchi, UNF Urban Council Member on 28^th of June at Medaketiya in Tangalle. Following the assault, the victim was admitted to Tangalle Base Hospital for treatment.

Police Officers threatened by candidate in Baddegama- SI Y L Leelawansa complaining to Baddegama Police on 04^th June stated that, Nishantha Mutuhettigama, UPFA candidate for Southern Province, threatened him and a few of his police officers. This was following an incident in which the Police arrested a few of the candidate’s supporters.

Uva Province

Out of the 61 incidents recorded in the Uva Province, there have been 02 Major Incidents (01 Hurt and 01 Assault) committed in the Badulla District and 54 Minor incidents. The Minor Incidents include 01 Threat and 53 elections related offences or Violations of Elections Law. The corresponding figure for the Monaragala District is 01 Major and 04 Minor incidents. These are 01 Hurt, 02 Threats and 02 Elections offenses.

Former PC member assaulted-Wellawaya- the Wellawaya Police is investigating an incident of assault on the former PA Provincial Council member Ms.Priyanthi Mangalika and her husband at the Wellawaya town on 14 June 2004. While the Police believe that the assault was politically motivated, no person or party has been identified in connecting with the assault.

Police use of teargas on UPFA and UNF party supporters- Badulla- Mrs. Vincent Dias, wife of UNF candidate Vincent Dias informing to the CMEV claimed that the Badulla Police used teargas to break up a pre-scheduled election rally without reason on 07th July. When contacted by CMEV, both the UNF and UPFA claimed that the incident was not following a clash between both parties and added that it was a deliberate act of excessive violence.

Sabaragamuwa Province

CMEV has recorded a total of 30 incidents in the Sabaragamuwa Province, including a 01 Murder in the Ratnapura District as well as 01 Assault and 01 Threat & Intimidation. There have been 14 Minor incidents in the Ratnapura District, of which 02 are Threats, 02 Damage to Property and 10 Elections Offenses. In the Kegalle District there have been 13 incidents in total and all of them fall into the category of Minor Incidents except 01 Hurt and an Assault. Three (03) incidents involving firearms have been recorded in the Sabaragamuwa Province.

Murder in Ratnapura- a supporter of UPFA was killed and two others injured in a bomb attack on 21^st June in Kalawana. The deceased was identified as Ananda Seneviratna, a businessman and a strong supporter of former Chief Minister of the Sabaragamuwa Province Mohan Ellawala. The attack took place at the victims’ place of residence, during a UPFA pocket meeting. The Police have not been able to identify the perpetrators or their party affiliation, but claim that the incident may be related to the elections.

Postal Voting

During the 23^rd and 24^th of June, CMEV conducted a comprehensive monitoring effort to observe the postal voting process in all 6 provinces. While 57 Field Monitors covered approximately 240 Polling Centers in 11 Districts, the CMEV secretariat dispatched 4 Mobile Teams to observe 65 Polling Centers in the Colombo, Gampaha and Kalutara Districts.

CMEV has recorded 10 incidents relating to postal voting and some of these relate to the delays and malpractices involved in the application process and the transport of applications.

In one incident that took place on 24^th June in the Medagama Police Station in the Bibila Polling Division of Monaragala District, UPFA candidate Mr. Gamini Vijith Vijayamuni Soyza entered the Police station, gone to the voting site and allegedly threatened the OIC M M A N Marashingha and other officers present. It is also alleged that Mr.Soyza, a former MP and Deputy Minister, verbally abused the police officers present and further threatened them with their life. It is further alleged that this related to the Police removing Mr. Soyza’s campaign posters the previous night from the Madagame town.

Following a complaint made by the OIC, the District courts have issued an arrest warrant for Mr.Soyza, on the grounds of the death threat allegedly issued by him against the OIC.

Contact Details- National

Contact Details- Sub Offices

CMEV Interim Report 06 Provincial Council Elections - July 2004. This document is in Adobe PDF format (372 kb)

Dr. P. Saravanamuttu Co-Convenor	Sunila Abeysekera Co-Convenor	Sundanda Deshapriya Co-Convenor