Media Communiqué on Election-related Violence
General Elections 2001
Thursday 22nd November 2001

By the end of the third week of the campaign period of the 2001 Parliamentary General Election 1208 incidents of election related violence have been reported to the Centre for Monitoring Election Violence (CMEV) as of November 21,2001. Of these, 654 (54.1%) have been classified as Major incidents which include Murder (18), Attempted Murder (28), Hurt (148), Grievous Hurt (24), Assault (223), Threat and Intimidation (137), Robbery (22), Arson (44), and 08 incidents involving the Misuse of State Resources.

These statistics reflect a qualitative and quantitative increase in the incidence of violence over the General Election held in October 2000. During that election campaign period of 39 days a cumulative total of 2044 incidents was reported, with the number of incidents almost doubling between the third and fourth weeks and then again between the fourth and fifth weeks. At the end of three weeks, last year's campaign had recorded only 540 incidents which is less than 45% of those recorded thus far this year. In addition, whereas this year has seen the alleged use of firearms in 235 cases (or 19.5%), in 2000 this figure stood at 113 (20.9%). The number of Murders recorded so far has been 18, as opposed to 12 in the analogous period during the last election. The comparison between these two elections is detailed in Figures 1 - 13 which well demonstrates the fact that the 2001 General Election shows ominous signs of being irrevocably flawed. CMEV forewarns of this likelihood since the 2000 General Election was itself among the most violent elections in Sri Lanka's recent history, and clearly more so than the 1999 Presidential Election and the 1994 General Election. Therefore, if the 2001 General Election already demonstrates a greater level and intensity of violence than the 2000 General Election, this is a tragic state of affairs indeed.

The People's Alliance are the alleged perpetrators in 543 (45%) incidents [See Tables 1 - 4]. 301 (55.4%) of the complaints against the PA allege Major Offences and 242 (44.6%) fall under the Minor Offences classification. The UNP is allegedly responsible for 367 (30.4%) incidents of violence of which 191 (52%) fall into the category of Major Offences. 33 (2.7%) complaints relating to incidents of violence have been made against the SLMC of which 18 (54.6%) are in relation to major offences. The JVP, TULF, EPDP and PLOT are each allegedly responsible for 5 incidents of violence whilst 235 (19.4%) complaints have been made against persons of unknown political affiliation. Thus, if we consider only the offences in which the alleged perpetrators have been identified, the PA and UNP taken together account for 93.5% of all campaign-related violations, reinforcing CMEV's repeated claim that these two main contenders are almost exclusively responsible for the unacceptable levels of violence at this and other national elections. The contention these two parties are culpable not merely for the quantitative increase in violence but also for its qualitative heightening is established by the fact that taken together they account for 93.3% of all incidents involving the use of firearms in which the alleged perpetrators' party affiliation has been identified.

The UNP is responsible for 632 (52.3%) of the complaints reported, of which 475 or 75.2% have been made against supporters of the PA and 15 against fellow party members. 374 (31%) complaints have been made by the PA, of which 08 are intra party complaints and 286 (76.5%) are against UNP supporters. The JVP has made 77 (06.4%) complaints, mainly against the UNP (57.1%). Persons of unknown party affiliation have been accused in 235 incidents, and persons of undeclared party affiliation have made 53 (04.4%) complaints, which is almost identical to the percentage of such complaints during the 2000 general election.

The use of firearms have been reported in 235 (19.5%) incidents, with the PA named as the alleged perpetrator in 107 (45.5%) incidents and persons of unidentified political affiliation in 71 (30.2%).The UNP has been identified as the alleged perpetrator in 46 (19.6%) incidents involving the use of firearms.

The highest number of incidents 233 has been reported from the Western Province, which constitutes 19.3% of the total number reported to CMEV. Next in degree of violence is the North Western Province recording 221 (18.3%) incidents. The Uva Province is the only one recording under 50 incidents, and at 47 reports is less than half its nearest rival, Sabaragamuwa Province (103). At the district level, Puttalam and Anuradhapura are clearly the most quantitatively violent, reporting 134 incidents each, while Gampaha (118) is second only to Puttalam in terms of the seriousness of the major incidents alleged within its borders. In Puttalam both the UNP and PA are allegedly responsible for a similar share of the current intolerable violence.

In general, this election campaign has marked a clear increase in the UNP's alleged perpetration of violence, vis-à-vis the 2000 General Election. However, strong disparities still exist, notably in Anuradhapura where the PA is allegedly responsible for three times the number of incidents the UNP is. In addition, in Ratnapura, Kegalle, Digamadulla and Gampaha the PA has three-times, two-and-a-half-times, two-and-a-half-times and one-and-a-half-times the allegations leveled at the UNP. In Galle and Hambantota the PA has been accused in five-times more cases than the UNP, but the overall number of incidents is significantly less. On the other hand, in Kalutara, the UNP is allegedly responsible for two-and-half times the number of incidents that the PA is.


Jaffna Peninsula:
CMEV visited Jaffna and Kayts from Saturday 17 - Tuesday 20 November, 2001 to set up its monitoring operation in the peninsula. CMEV Conveners, Dr. Saravanamuttu and Mr. Sunanda Deshapriya and Provincial Coordinator Mr. H.M. Iqbal met with its Jaffna District Coordinator Mr. P.J.A. Rajasingham, Field and Election Day Monitors. They also met with candidates, the GA, election officials, the police and military as well as members of the clergy, civil society organizations and the public.

A common theme in all discussions was the heightened interest in the elections and the expectation that it would result in a larger voter turn out than in the October 2000 General Elections. Another observation made to the CMEV delegation was that despite the conflict in the North East, in Jaffna, the number of incidents of election related violence were insignificant in comparison to the rest of the country.

A number of concerns however were expressed and allegations made regarding the presence of armed EPDP cadre especially in Kayts and the islands as well as in respect of the use of state resources for electioneering by the EPDP. CMEV observed the presence of armed EPDP cadre in Kayts and met with the EPDP candidate there N.Matanarasa as well as the Police. The first hand information gathered by CMEV confirms the effective control of the area and of Delft island in particular, by the EPDP. Apprehensions were also expressed by other candidates and members of the public in Jaffna, concerning the opportunity for election malpractice by the EPDP arising from the large disparity in the number of polling cards issued in the peninsula and the number of eligible voters presently residing there.

These allegations were denied by the Minister and EPDP leader Douglas Devananda, who countered with the charge that all the other parties contesting the election were determined to "provoke" the EPDP and tarnish its image with false allegations of election related violence and malpractice. Minister Devananda pointed out that he and his candidates were targets of the LTTE and therefore required armed protection and alleged that other parties in effect received and relied on armed protection by virtue of their support of the LTTE. He also argued that the accusation of EPDP malpractice arising from the 'excess' of polling cards and ballot papers was an unsubstantiated and baseless charge given the votes polled and the number of votes received by other parties in the past elections in the Kayts and Delft Polling Divisions. Minister Devananda also told CMEV that he had told his supporters to exercise restraint in the face of such provocation and that those making false allegations would be "taught a lesson after 5 December".

Misuse of state resources by the EPDP during the campaign was an allegation made by the vast majority of candidates from other political parties and members of the public that CMEV representatives spoke to. Allegations frequently made in this respect were that the EPDP campaign was effectively financed by funds of the Government of Sri Lanka and that RRAN, the Relief and Rehabilitation Authority was issuing cheques post dated to after the election, providing development workers with bicycles as well as the promise of bicycles in return for ballot stuffing on behalf of the EPDP, financial and other material inducements to work for the EPDP and the provision of financial assistance to community organizations without observing the established administrative procedures and regulations of the Government of Sri Lanka .

None of the party representatives who made these allegations provided CMEV with material evidence to substantiate the charges. In responding to this allegation, EPDP candidate Matanarasa showed CMEV a cheque dated after the close of nominations and made out to a temple rehabilitation committee of which he was the president and an aide and relative of his, the secretary. Mr. Matanarasa insisted that this had no bearing on his electioneering in Kayts.

In discussions with the GA and the Assistant Election Commissioner, CMEV raised a number of concerns which it had, based on its experience of monitoring previous elections in the peninsula and on issues raised in discussions with candidates and members of the public. These related to voter registration, the location of " clusters" of polling stations, the availability of transport, particular concerns regarding the conduct of the election in the Kayts Polling Division and the island of Delft and to allegations regarding the misuse of state resources and property during the election campaign.

CMEV was informed by the GA that there was a serious shortage of vehicles for election day - out of an estimated requirement of 160 buses only 85 were currently available- and that priority would be accorded for the transport of election staff. CMEV was also told that political parties had requested that Assistant Returning Officers be sent from outside the peninsula for the conduct of the elections. The GA assured CMEV that voters would be informed in advance of the location of the "clusters" of polling stations.

CMEV reiterates the concerns regarding the elections in the Jaffna Peninsula that it expressed during the October 2000 General Elections. It notes that with respect to the arrangements for the conduct of the polls, the situation is largely unchanged and that in respect of the presence of armed cadre resulted in heightened public concern. CMEV calls on the Election Commissioner to ensure that the facilities necessary for the conduct of the election in the North East are not merely provided on paper to satisfy the legal requirement of islandwide General Elections, but provided in fact to the fullest extent possible to ensure that the people there can exercise their right of the franchise without hindrance. This is especially important in the current context and in the light of the interest in participating in the 2001General Elections expressed to the CMEV delegation during its visit to Jaffna and Kayts.


North Western Province
The Puttalam District is perhaps the worst affected by violence in the entire country, and Anamaduwa is clearly the most consistently violent electoral district during the 2001 General Election campaign. At Sangattikulam, an election official was assaulted and a bomb was exploded by unidentified perpetrators, damaging an official vehicle (56 - 5939) on November 18, 2001 at 8.30 pm. The Assistant Elections Commissioner, Anamaduwa, Mr S M Bandulasena has requested protection for the live and safety of his staff from both the Commissioner of Elections and the Assistant Superintendent of Police, Chilaw. Election officials staged a protest at the Puttalam Kachcheri on November 20, 2001 against this assault, resulting in postal voting being delayed by one day. On the same day, Puttalam District Returning Officer, Mr Jayalath Ravi Dissanayake, requested special STF protection during the election from the IGP. Elections Commissioner, Mr Dayananda Dissanayake, was unavailable for comment on the status of this request and on the crisis in general.

CMEV has recorded 08 and 05 serious complaints respectively against former MPs Mr DM Dassanayake (PA) and Mr Palitha Ranga Bandara (UNP). Chilaw Police Superintendent Mr Willie Abeynayake told CMEV that both these individuals had been released on bail, but OIC, Anamaduwa, Mr R M K B Ratnayake denied the validity of this statement, asserting that since he had taken over the Anamaduwa Police Station on October 28, 2001, no complaints had been received against Mr Dasssanayake, and one complaint against Mr Ranga Bandara. This contradiction marks some of the serious issues confronting the rule of law in the area, which is exacerbated by the manifest partisanship of the Anamaduwa Police in favour of the People's Alliance and Mr Dassanayake.

From the point of view of the ordinary residents of the area, a pervading sense of fear and foreboding prevails in Anamaduwa, with hardly anyone stepping out of his/her home after dark, while automatic weapon-toting goons drive around the deserted streets. No one was willing even to discuss the election or the present reign of terror with CMEV monitors for fear of repercussions under cover of darkness. Both the PA and UNP appear to be competing with each other, through provocation and counter-provocation, to escalate the level of violence, and it is patently clear that under the present circumstances the polling on December 5, 2001 will be a sham and a travesty of democracy.


Uva Province
As indicated above the Uva Province remains the most calm and incident-free of all, but a significant number of reports are just reaching CMEV regarding the misuse of state resources by prominent PA candidates. In the Bibile area, for instance, PA candidate and former Deputy Mahaweli Minister Mr Vijayamuni de Soysa was reported to be using 05 official vehicles belonging to the Mahaweli Authority, including a Pajero Intercooler ( 32 - 9556) and a Land Rover Defender (65 - 6148), for electioneering. Former Deputy Minister of Women's Affairs, Ms Sumedha G Jayasena, the PA team leader for the Moneragala District, is allegedly using 4 official vehicles from her ministry, including a Pajero (32 - 6526), a double cab (252 - 1578) and a jeep (32 - 8664), for election purposes. PA candidate and former Deputy Minister of Livestock Development Mr Jagath Pushpakumara is allegedly using an official residence belonging to the Mahaweli Authority as a propaganda office, and, further, that he has used this building for his personal and political activities continuously since 1998.


Southern Province
On November 19, 2001 at 18.30 hrs Kariyawasam Jalanthanthrige Sarath, a UNP activist, was murdered at Kankanamgodawatta, Ganegama in the Baddegama electoral division in the Galle District, allegedly by the Samurdhi Animator of the area, a PA supporter, who is now in police custody. Mr Sarath had apparently been bludgeoned with a blunt instrument and was pronounced dead on arrival at the Baddegama Base Hospital. The OIC Baddegama Police Station, Mr Ajith Walalawita, informed CMEV that this is not a politically-motivated incident and that it has no bearing on the election, but provided no evidence to support this contention. The immediate family of the deceased are convinced that this is, in fact, a political murder, which has been perpetrated by a PA supporter. UNP candidates and party organizers for the area maintain that the local police is strongly pro-PA and that they cannot expect justice to be done in the circumstances. The Samurdhi Animator and five others, including two women, have been arrested and are being held at the Galle Magazine Prison to be produced before the Baddegama Magistrate on December 3, 2001


Sabaragamuwa Province
An incident that took place on November 20, 2001 at the Mawanella Bus Depot Postal Voting Centre at 11.30 am gives grave cause for renewed concern about the impartiality and capability of the police to withstand overt political in this embattled electoral division, and which does not bode well for the impartiality of the poll. Mr M W M Bandaratilleke, a UNP polling agent at the Centre was assaulted and doused with used engine oil by a group of five persons, allegedly supporters of PA candidate Mr Lailth Dissanayake and Minister Mahiepala Herath. The incident took place in full view of the public while eight police officers attached to the Mawanella Police Station looked on. Mr Bandaratilleke was chased to the Nanayakkara Medical Centre in the Mawanella town, where he was badly beaten. He was subsequently warded at the Kegalle hospital and still remains a patient there. He and his associates have identified the five assailants by name and description, but to date only one of them, Mr Sarath Gamini, has been apprehended by the Police and remanded on magistrate's order until November 26, 2001. The others, Madduma, Kithsiri, Stanley and Priyantha, remain at large. Mr Bandaratilleke alleges that the Police have acted in a partisan manner and that they could easily have prevented the assault from taking place in full public view by intervening at the outset.

It appears that the Kegalle Police too has instituted an "independent" inquiry into the incident, and OIC Mr M A D Woodward told CMEV that the incident was an altercation between two groups and was not necessarily related to the election campaign. The inquiring officer, Inspector Guneratne, could not be contacted for comment. Mawanella Police OIC, Mr Kapila Seneviratne, informed CMEV that Mr Bandaratilleke had been assaulted on leaving the polling centre and that he should not have done so in the first place, but was unable to explain how leaving the postal voting centre would legitimise the attack. He assured CMEV of his impartiality, and appeared to be unhappy that the Kegalle Police was also investigating the incident. The ASP Kegalle, who refused to divulge his name to CMEV, said that the Kegalle Police Division had appointed an officer to investigate the matter as there had been an allegation against the Mawanella Police. No details were provided about this allegation, and in the light of the Kegalle OIC's comments cited above, CMEV is concerned about the Kegalle Police Division's ability to be independent and impartial.

Western Province
On October 24, 2001 at Pethiyagoda, Burullapitiya Junction at 23.30 hrs it is alleged that former Deputy Minister Mr Reggie Ranataunga and 20 or so supporters attacked a group of UNP candidate Mr Mahen Gunesekere's supporters who were putting up party flags and bunting. Messrs Lionel Rodrigo and Thusitha Sanjeeva received serious injuries and were admitted first to the Gampaha Hospital, from there they were transferred to the Ragama Base Hospital. Mr Rodrigo was transferred again to the Colombo National Hospital where he succumbed to his injuries on October 29, 2001. On the basis of a complaint lodged by Mr L K Jayasuriya on October 25, 2001 [EIB 6/2001], Mr Ranatunga surrendered himself to the Police on the same day and was released on Rs 15,000/- bail. He was admitted to the Asiri Hospital on October 25, 2001 as a heart patient. Subsequent to Mr Rodrigo's death on October 29, 2001, the Gampaha Magistrate ordered that Mr Ranatunga be remanded until November 15,2001, and he was transferred to the paying ward at the Colombo National Hospital.

When the case was called on November 15, Mr Ranatunga was further remanded until November 20th, and on this date he was released on personal surety and Rs 15,000/- bail. The family of the dead man alleges that the police has acted in a partisan manner in order to protect Mr Ranatunga, and there appear to be some serious irregularities in the handling of this case.

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 organization to monitor the incidence of election-related violence.

Dr. Paikiasothy Saravanamuttu
Co-Convenor

Sunanda Deshapriya
Co-Convenor
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