Mr. Sinnathamby Sunderampillai, UNF candidate for Batticaloa District, was shot dead on March 1, 2004, while he was warded in the General Hospital Batticaloa. He had been admitted to the hospital following an incident on February 28 in which three persons entered his home at Arayampathy at about midnight, caused damage to the house and shot at Mr. Sunderampillai. Mr. Sunderampillai was subsequently admitted to Ward 11, Batticaloa Hospital in the early hours of February 29.

A complaint regarding the attack was registered at the Kattankudy Police Station (EIB 4/25) by his cousin, Mr. Seenithamby Sasikumar. In this statement, he identified the LTTE as being responsible for the attack. On March 1, 2004, CMEV spoke to the LTTE, who have denied any involvement in the attack and subsequent murder.

Kattankudy Police OIC SI Kobbewela confirmed to CMEV that during the General Elections of 2001, Mr. Sunderampillai, who was contesting under the banner of the New Left Front, was abducted and detained for 40 days in LTTE custody.

CMEV notes with sorrow and grave concern, that the killing of Mr. Sunderampillai is the first murder that has taken place since nominations were called for in the General Elections of 2004. Mr. Sunderampillai’s murder brings into sharp relief the context in which the General Elections in the north and east will be held.

In particular, CMEV brings the following to the urgent notice of all authorities and political actors responsible for the conduct of these elections.

In spite of all the assurances given to us by the IGP and other Police officers mandated with ensuring a violence-free election, Mr. Sunderampillai was not given any Police protection during the time that he was at the General Hospital, Batticaloa. This is a major lapse in security and especially alarming given that his relatives had made a formal complaint regarding the attack on Mr. Sunderampillai and his house, to the Police in Kattankudy.

We wish to raise our concerns regarding the issue of providing security to those persons who are running for elections in the north and east within the context in which the franchise of persons living in areas under LTTE control is being highlighted.

CMEV has in past elections raised this issue and helped in facilitating a successful fundamental rights petition on behalf of voters in the Batticaloa District who were effectively disenfranchised in 2001. We strongly feel that whilst every voter in Sri Lanka must be able to exercise their franchise, they must also be able to make a free and fair choice between contesting political parties and candidates. Therefore, the ability of all candidates to campaign throughout the north and east is integral to a free and fair election.

We wish to cite here the judgement delivered by the Supreme Court in December 2000 in the case of Mediwake and others vs. the Commissioner of Elections in which it has been clearly stated that ‘A genuine democratic election by universal and equal suffrage demands…. Ensuring that during the pre-election period all candidates are allowed the freedom to campaign on equal terms and without unreasonable restrictions, with election laws being enforced and uniformly enforced…’

It is incumbent on the Elections Commissioner and the Police to ensure that this judgement is respected and that adequate security is provided to all candidates, while also taking all measures possible to ensure that citizens of Sri Lanka can enjoy their right to vote in a secure atmosphere and one which is conducive to the carrying out of a free and fair election on April 2, 2004.

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 and non-partisan organisation to monitor the incidence of election related violence.

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