Monitoring election violence in Sri Lanka Parliamentary Election April 2010: Media Communique 11

20 April 2010, Sri Lanka, 5pm:
Re-polling in 34 polling centers in Nawalapitiya Polling Division, Kandy
District and in Kumburupitiya Polling Station (Number 78), Trincomalee
Polling Division, Trincomalee District was carried out between 7 am and
4pm today. CMEV monitored the re-polling with 4 mobile teams and 34
stationary monitors in Nawalapitiya and 1 mobile team and 1 stationary
monitor in Kumburupitiya.

In both districts CMEV reported nine (09) incidents during the
polling period including incidents of attempted impersonation, illegal
casting of ballots, verbal abuse of SPOs, transporting of voters and
impersonation of monitors.

CMEV notes that there were few incidents of election related violence
during this re-poll. This is a significant change from April 8th when a high number of incidents were reported which resulted in the
Commissioner of Elections calling for a re-poll. The violence free
environment can be attributed to a high presence of police and military
around polling stations. CMEV estimates a provisional voter turnout of
65% in Nawalapitiya and 46% in Kumburupitiya, Trincomalee. This
demonstrates a lack of interest among voters in the present election.

CMEV reiterates the importance of free and fair elections which
reinforce public confidence and ensures the integrity of the poll. CMEV
has continuously called for and reiterates its call again for the
immediate implementation of the 17th Amendment and the
establishment of the Election Commission.

At the close of polls the following incidents were reported to CMEV:

Verbal Abuse of a SPO: CMEV Election Observer
reported that Luxman Kirielle, UNP Candidate (No.08) and Ravi
Karunanayake (UNP MP elected from Colombo district) had come to the
Polling Station No. 05, (Senadhikari National School) at Udahenthanne
around 11.40am. When the SPO informed them that Ravi Karunanayake was
not entitled to enter the Polling Station, Luxmam Kirielle had verbally
abused the SPO and left the polling station.

Illegal Casting of Ballot in Nawalapitiya: CMEV
Election Observer reported that a person  with a bogus ballot paper
attempted to vote around 1.15pm at Warakawa junior school Polling
Station No. 36, in Nawalapitiya Electorate in the Kandy District. This
is the second such incident reported from this Polling Station today.
The earlier incident took place at around 10.10am.

Attempted Impersonation: CMEV Election Observer
reported an attempt at voter impersonation at M.S. Aluthgamage Maha
Vidyalaya Polling Station No. 17, in Nawalapitiya Electorate where a
voter had come to cast his vote with his National ID card and his
father’s Polling Card. When the Electoral Register was examined it was
revealed that the name of the person with the NIC was not in the
Register. He was handed over to the police by the SPO for attempting
voter impersonation.

Monitoring election violence in Sri Lanka Parliamentary Election April 2010: Media Communique 10

Re-Poll in Nawalapitya &
Trincomalee

20 April 2010, Sri Lanka, 1pm: Re-polling
in 34 polling centers in Nawalapitiya Polling Division, Kandy District
and in Kumburupitiya Polling Station (Number 78), Trincomalee Polling
Division, Trincomalee District commenced at 7 am today. The Election
Commissioner decided to re-poll following allegations of serious
election malpractices including obstruction of voters and chasing away
of polling officers on General Election Day on April 8th 2010. CMEV is monitoring the re-polling with 4 mobile teams and 34
stationary monitors in Nawalapitiya and 1 mobile team and 1 stationary
monitor in Kumburupitiya.

As of 13:00 hours CMEV reports four incidents of election violations:

Transport of Voters in Trincomalee: CMEV mobile
monitors reported that at around 9.20am, supporters of UPFA candidate
Susantha Punchinilame (No 07) were transporting voters from the Salappai
area and Gandhinagar in two vehicles bearing registration numbers 31Sri
1756 (a jeep) and WP 5029 (a bus), located near the Kumburupitiya
Polling Station (No 78) around 9.10am in the Trincomlaee Electorate.

Transport of Voters in Nawalapitiya: As
reported by CMEV around 11.00am, a white van bearing the Registration
No. 42-0239 had engaged in transporting voters to Galaha junior school
Polling Station No. 30 in Nawalapitiya Electorate. This has happened
several times but the police have only warned the perpetrators.

Illegal Casting of Ballot in Nawalapitiya: CMEV
monitors reported at around 8.35am, the SPO in the Polling Station No 39
Kadiyallena Junior School in the Nawalapitiya Electorate, was helping
disabled voters to cast their vote.  However, he marked the ballot paper
himself and puts it into the ballot box without showing it to the
voter. Nor was this voting being witnessed by another official as
required by law.  A similar practice was reported to have taken place in
polling station No. 07, Alugolla junior school (No. 2) in Dolosbage, in
Nawalapitiya Electorate.  This was observed at around 11.45am by CMEV
monitor.

Impersonating Monitor: As reported by CMEV around
12.05pm, a person in the vicinity of the Dolosbage Junior School Polling
Station (No.01) in Dolosbage in the Nawalapitiya Electorate, was
wearing the hand band of CMEV and thereby posing as a CMEV Election
Observer. The police removed the person from the vicinity of the polling
station and returned the hand band to the CMEV Election Observer.

Statement on the day after Parliamentary Elections 2010

9 April 2010, Colombo, Sri Lanka: On Election Day CMEV recorded 84 Major Incidents, including 53
incidents of Intimidation within the vicinity of polling centers. This
figure includes 07 incidents of involving election officials, 07
incidents of Threat and Intimidation and 06 Assaults. CMEV has recorded
189 incidents of election law violations as well. When compared to the
last Presidential election, there were a higher number of incidents of
election related violence on the day of the poll.

We wish to record our deep concern about incidents in which polling
agents were evicted from polling stations, sometimes forcefully.
Furthermore, there were cases of voter obstruction and alleged attempts
to rig the results reported from Nawalapitiya and Trincomalee. We have
received numerous reports regarding voter impersonation in Puttalam,
Kathankudy, Akkraipattu and Pottuvil.

According to CMEV field reports, the failure of polling agents to
report objections relating to malpractice and irregularities, the
absence of opposition polling agents and the deliberate failure of many
SPOs to implement the law with regards to verifying the identity of
voters, greatly facilitated voter impersonation.

CMEV also wishes to express its concern about the confusion and
disarray relating to the application of indelible ink on the ring finger
of voters. There has been a clear disregard of the Election
Commissioner’s directive relating to this practice. During the first few
hours of polling, ink was applied to both the ring and the little
fingers of many voters. CMEV received such reports from all over the
country, particularly Vavuniya, Deraniyagala, Colombo, Wattala,
Puttalam, Kalawewa and Minneriya. When CMEV questioned this malpractice,
many SPOs stated that they were unaware of the Commissioner’s directive
on this matter.

CMEV notes that the Election Commissioner has suspended the counting
of ballots from 34 polling stations in Nawalapitiya, and one polling
station in the Trincomalee District. CMEV requested the Election
Commissioner to annul polling in the Nawalapitiya electorate due to
complaints received from the field about violence and irregularities.
However, as of yet the Election Commissioner has not issued a gazette
notification on his decision to annul the ballots in these polling
stations and hold a second poll in them.

CMEV has received a number of complaints regarding the transparency
of procedures followed by election officials at polling centers.
According to the complaints received, officers who issued ballot papers
to voters had marked the voters’ registration number on the counter foil
of the ballot paper. Complainants’ claimed that this practice directly
affected the secrecy of their vote. When CMEV contacted the Election
Commissioner’s department regarding this issue, CMEV was informed that
this is a normal procedure followed in polling centers and that at the
closure of the polling centre all counter foils should be sealed, to be
reopened only upon the receipt of a direct court order. The department
further added that this procedure serves to safeguard the secrecy of
voter identity.

CMEV learnt that people were suspicious and even fearful of this
procedure, believing that their ballot papers could be traced.  We urge
the Election Commissioner to keep people well informed about election
procedures, allay their doubts and fears, thereby ensuring increased and
unfettered participation of voters in any election.

On the basis of the reports received from its monitors
throughout the campaign and on Polling Day, CMEV concludes that as in
the Presidential Election, the integrity of the electoral process has
been undermined by violence and malpractice and strongly urges all
actors to treat this seriously and take effective action to protect and
strengthen the integrity of the process.  We also conclude that despite
this, the overall result does reflect the will of the electorate.  CMEV
also wishes to underscore the point that election monitors are not
allowed to observe the counting of votes.

Post-Election Violence

CMEV is concerned about post-election violence. CMEV highlights the
importance of the immediate post-election period, and calls upon party
leaders to demonstrate their commitment and respect for the rule of law
by deterring post-election lawlessness among their party supporters, and
political vengeance against opponents.

CMEV continues to receive reports relating to incidents of
post-election violence. A CMEV stationary monitor was assaulted by an
unknown group and his observation forms snatched in Nawalapitiya,
yesterday (April 8th), at around 1930 hours.

Today (April 9th) CMEV received reports detailing a clash
between supporters of UPFA candidate C.B.Ratnayake (candidate no. 02)
and Saliya Bandara Dissanayke, Chairman of the Central Provincial
Council, in Ragala, Brookside, at around 1715 hours.

CMEV learnt that Saliya campaigned in support of UPFA candidate
Naveen Dissanayake (candidate no. 04), and that H.M.Dharmapala, a
supporter of Ratnayake, received a gunshot wound to the hip. This injury
was allegedly inflicted by Saliya. Dharmapala has since been admitted
to the District Hospital. Ralgala Police Station confirmed this
incident.

Today CMEV also received reports regarding another shooting in
Millawana, Matale at around 1700 hours, allegedly committed by Naradha
Millawana, a UPFA member of Pallepola Pradeshiya Sabha. L.D.Nandasiri, a
former member of Galewala Pradeshiya Sabha, was grievously wounded in
his right eye and was admitted to the Matale General Hospital. He has
subsequently been transported to the Kandy General Hospital.

CMEV also received reports regarding a clash between supporters of
UPFA candidates Pavithra Wanniarachchi (candidate no. 02) and John
Senaviratne (candidate no. 09) near the residence of Pavithra, located
in Rilhena, Pelmadulla at around 1800 hours today. When contacted,
Kahawatha Police informed CMEV that a tense situation had arisen when
the two groups confronted each other, but that both groups had dispersed
before the situation worsened. CMEV learnt that the alleged perpetrator
was a supporter of UPFA candidate Lakshman Wasantha Perera (candidate
no. 01).

CMEV is concerned about the increased intra party violence during the
campaign and in the post-election period, and reiterates its call to
political parties, in particular the ruling party alliance, to refrain
from violence.