Read the letter as a fully formatted PDF here.

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27^th January 2010

BY HAND, FAX &
REGISTERED POST

Mr. Dayananda Dissanayake

Elections Commissioner

Department of Elections

Sarana Mawatha,

Rajagiriya

Dear Mr. Dissanayake,

I wish to bring to your urgent attention the concerns voiced by
voters and shared by CMEV with regard to the counting process of votes
in the 26 January 2010 Presidential Election and the announcement of the
results.

In particular, we have received information regarding disruption of
the counting process including physical assault of counting officers and
agents of the principal opposition candidate in Anuradhapura,
Polonnaruwa, Kurunegala and Matale.  The informants insist on anonymity
in the interests of their personal security and I am therefore,
regrettably unable to furnish you with further details of their
complaints and concerns at this moment.

Consequently, I am writing to request you to, as a matter of the
utmost priority, publicly acknowledge and address voter concerns and
doubts about the integrity of the electoral process and in particular,
the process of counting and release of results, before you make the
official announcement of the final result.

Please be assured of my cooperation

Thanking you.

Yours sincerely

……………………………………………………….

DR. PAIKIASOTHY SARAVANAMUTTU

CO-CONVENOR

26 January 2010:
CMEV was informed that approximately 24,000 internally displaced
persons (IDPs) presently living in government run camps and with host
families were also registered on the 2008 electoral register. Out of
this number, 16,000 IDPs applied to cast their vote within the Vavuniya
district while 8,000 were eligible to cast their vote in areas such as
the Killinochchi district at today’s Presidential election. CMEV was
informed by the Government Agent (GA) Vavuniya that 55% of IDPs in
Vavuniya were able to cast their vote with only 8.3% voting in
Mullaitivu district. CMEV was also informed by the authorities in Jaffna
that there was a turnout of 22% in the Jaffna district and 3.5% in
Killinochchi.

CMEV in its Election Day Media Comminque No 3 raised problems faced
in the north and especially those faced by IDPs with regard to voting,
including insufficient identity documents and the authorities failing to
organise transport for them to travel to other areas to cast their
vote. CMEV further notes that concerns of IDPs and returnees toregarding
the exercise of the franchise were raised with the Election
Commissioner and other government officials earlier and proposals
presented to them to address these concerns.

CMEV raises continuing concerns regarding the exercise of the
franchise by IDPs. These are listed below.

1. CMEV was informed that hundreds of IDPs were unable to cast their
   vote in Killinochchi as a direct result of inefficient transport
   arrangements. For example, in Arunuchalam and Ramanathan camps 300 IDPs
   waited from 6am till 1pm for buses to arrive to transport them to
   Killinochchi to vote. The buses only reached the camps at 1.30pm and the
   IDPs were transported to Killinochchi at 3.55pm, allowing them only 5
   minutes to vote. Unfortunately these 300 IDPs were not allowed to vote
   on the grounds that the polls had closed. CMEV has been informed that
   they have no way of returning to the camps in Vavuniya and are presently
   stranded in Killinochchi without accomodation. This is only one case
   which illustrates the problems faced by IDPs living in Vavuniya with a
   vote in Killinochchi.
2. CMEV was also informed that IDPs who were promised transport by the
   authorities faced several difficulties in travelling to the cluster
   centres in the Vanni. At the present moment there still remain
   restrictions on freedom of movement of IDPs which have been previously
   challenged by the Centre for Policy Alternatives (CPA), a constituent
   member of CMEV. CMEV was informed that IDPs were issued tokens for
   transport on election day on the 25^th night and early 26^th morning. At around 4am on the 26^th, IDPs were informed
   through the public address system that they were required to be present
   sharp at 6am at a specific location to board the buses provided by the
   authorities. As a result all those who were eligible to travel gathered
   at 6am to board the bus but were kept waiting for several hours with no
   information as to what arrangements had been made. Only at 10am did the
   first few buses arrive to transport IDPs to cluster centres. The second
   contingent of busses arrived around 1.30pm. During the time period
   between the first contingent of buses and the second, there was no
   information given to IDPs regarding voting procedures.
3. CMEV monitors further reported that IDPs who were travelling to
   Killinochchi were stopped at the Omanthai check point and checked by
   military which further delayed their travel. This checking seems
   unnecessary when IDPs had left government camps where they are regularly
   checked. They should have been directly transported to the polling
   centres so that they could vote without delay.
4. There were several cases where IDPs who are presently in camps with a
   vote in Vavuniya had no public transport to polling centres and as a
   result had to walk a distance of around 7km. This is an issue that could
   have been dealt with previously and steps taken to ensure that all IDPs
   who needed transport were provided with it. CMEV was informed that as a
   result of not having adequate public transport, many turned back and
   did not cast their vote.
5. Further and this is pertinent in the above cited case, IDPs have
   expresed fear of repercussions if they could not show proof of having
   voted after having left camps in order to do so, such as the indelible
   ink mark on the fingers of all those who have.
6. CMEV received reports that several residing in Jaffna with a vote in
   Killinochchi were unable to vote. This was mainly due to insufficient
   transport arrangements for IDPs and those having returned to Jaffna
   being unable to travel to cluster centres to cast their vote.  CMEV has
   been unable to obtain the exact figure of the numbers involved in this
   regard.

Upon receiving the above complaints, CMEV contacted the GA Vavuniya
and Killinochchi. According to the GA of Vavuniya, 70 buses to transport
IDP voters and 40 buses to transport IDPs within Vavuniya as well as 30
to other areas were deployed respectively. The GA Killinochchi stated
that efforts had been coordinated with officials in Vavuniya and Jaffna
to transport voters. Authorities in Jaffna also confirmed that
arrangements had been organised. Though these measures may have been
taken, CMEV notes that many were disenfranchised as a result of delays
and shortcomings.

Those affected and displaced by the conflict and presently living
with host families and in camps and those returned to areas in the North
and East need special attention. This has been continuously raised by
CMEV and its constituent members. Today’s effective disenfranchisement
of several hundred of those most affected by the conflict needs
immediate attention.

CMEV also raises concern about the security situation in several
parts of the North where explosions took place in the course of election
day which impacted voter turnout. The deterrent effects of the
resulting fear on voter turnout and the inability of many to cast their
vote, has compromised the integrity of the electoral process in the
north.  It is especially regrettable given the imperatives of
reconciliation and national unity in this our first post war election. 
We strongly urge the Election Commissioner to take the necessary steps
to prevent this from occuring in the forthcoming General Election and
stop short of calling for a repoll of the north in this presidential
election because we are not in possession of the exact figure of
effective disenfranchisement.

Read this report as a PDF here.

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CMEV has received the following reports from the field:

Eastern Province

Batticaloa District: Kalkudah Electroate: SLMC supporter Mr. Mohamad
Ismail was attacked by a group of UPFA supporters at around 10:55 am
about 20m away from the Oddamavadi Central College Polling Station
(Polling Centre 69). CMEV spoke to Mr Ismail, who informed CMEV that he
had been hit by members of the group, resulting in injuries to his face,
left leg and right hand. He was admitted to the Mancholai hospital and
is currently receiving treatment. No Police report had been lodged as at
10:55 am.

Ampara District: Digamadulla Electorate: At the Ampara/Lihiniyagama
Maha Vidyalaya Polling Centre (21) there had been a long queue of 300
people around 8:15 am and the delay had caused about 30 people to leave
the premises without casting their vote. According to the SPO of the
polling station the delay is on account of the checking of temporary IDs
and the lack of staff at the polling centre.

Ampara District: Digamadulla Electorate: CMEV monitors were prevented
from accessing Ampara/ Damana Maha Vidyalaya Polling Centre (151) by
the Police at around 10:40 am for 15 minutes after which the monitor was
given access. The reason given by the Police was that the Eastern
Province Minister for Education and Transport, Wimalaweera Dissanayake
was at the polling station.

Ampara District: Digamadulla Electorate: CMEV reports that at around
9.30 am the Buddhist monk of Pokunuvita Temple Ven Pokunugala Sri
Manarathana stood for about 30 minutes within a distance of 50 meters
from the Ampara/ Damana Maha Vidyalaya Polling Centre (Polling Centre
No. 151), and attempted to influence voters in favour of President
Mahinda Rajapakse .  When the Police had asked the monk to leave, he had
continued trying to influence people from within a distance of 200
meters for a further 1 ½ hours.

Ampara District: Digamadulla Electorate: Three officials of the
Lathpandura Vidyalaya Polling Station (Polling Centre No. 19) have not
reported for duty as of 10.20 am. As a result there is a long queue of
about 350 people. In addition to his duties, the SPO has to assist the
others in their duties.

Ampara District: Digamadulla Electorate: Chairman W.S.W.N Ariyaratne
Wijewickrema and the Vice Chairman Udena Chinthaka Navaratne of the Maha
Oya Pradeshiya Sabha arrived in a cab (Vehicle number – EP LE 7504) and
a van (Vehicle number – EP GR 8672) with another 10 people to Mr. A. M
Gunadasa’s shop and have threatened to kill him saying that he is
influencing people to vote for the Swan Symbol (Sarath Fonseka). Though
Mr. Gunadasa has insisted that he does not support any party, the group
have threatened and warned him that he should expect “something” to
happen in the night. CMEV also reports that voters have been transported
in these same 2 vehicles to the Ampara Kudaharasgala Vidyalaya Polling
Station (Polling Station No. 58).

Trincomalee District – Trincomalee Electorate – at 11.40am the
Trincomalee ARO Mr. Vijaya Samarasinghe stated that if the Polling
Agents are agreead, people with Postal IDs, Navy Passes, Army IDs and
Police Reports could vote. A person with a Postal ID had allegedly
attempted to cast a vote and was prevented by the SPO Krishanadas, at
which point UPFA Provincial Councilor Ariyawathi Galappaththi had
protested. The ARO had subsequently arrived on the scene and pronounced
the above. CMEV has received confirmation of this from the SPO.

Northern Province

Vanni District – Vavuniya Electorate – as reported by the CMEV mobile
team, yet another hand grenade attack was reported from Amman Road –
School Road Junction, Paddirukulam at 12.02pm.

Vanni District – Vavuniya Electorate – 11.50 a.m in Kurumankadu a
house at No 25, 4^th lane, Dharmadevar, Kurumankadu, Vavuniya
was subjected to a grenade attack.

Vavuniya District, Vavuniya electorate- CMEV monitor reported that at
11.43am a van (no57-9138) with around 8 persons including Nasim,
Rishny, Larry and Risvan who were identified by persons around the area
and supporters of Minister Rishard Badurdeen, came to Muslim MV
Pattanichpulliyankulam (centre no 40 ) and hurled a hand grenade at SLMC
member Mr. A.L.M Safir within the radius of 500m of the polling
station. There were no injuries reported.

Central Province

Nuwara Eliya District – Nuwara Eliya Maskeliya Electorate – at
12.00pm at Vatagoda Tamil Vidyalaya polling station centre no 15, CWC
supporters canvassed voters in favour of the UPFA candidate. The Police
arrived on the scene and dispersed the group.

Nuwara Eliya District – Nuwara Eliya Maskeliya Electorate – at 1.00pm
both UPFA and NDF supporters gathered at the Parpadam Wathu Pasela
centre no 26, influencing voters.

Kandy District – Gampola Electorate – at 3.00pm, approximately 70
UPFA supporters were behaving in a manner that disturbed voters at the
Atabage Udagama Maha Vidyalaya centre no 32.

Kandy District – Theldeniya Electorate – At 15.20pm at the Abeysinghe
Kanishta Vidyalaya centre no 30 in Watapatha, the ARO and SPO prevented
CMEV mobile monitors from entering the above polling centre.

Kandy District – Theldeniya Electorate – At 2.15pm at Waradhiwela
Maha Vidyalaya centre no 9 the SPO of the polling station prevented the
CMEV mobile monitor from entering the polling station.

Kandy District – Gampola Electorate – at 4.00pm at Atabhage Udagama
Mahavidyalaya centre no 32 at Maddagam Madda, it is alleged that UPFA
Minister D.M Jayaratne’s son assaulted the policeman guarding this
polling station.

Southern Province

Hambantota District – Beliatte Electorate – according to JVP Member
of Parliament Nihal Galappatti, at 11.00am UPFA supporters influenced
voters at the Pagngnananda Prathamika Vidyalaya centre no. 41. The
Police Officer appointed to the centre had taken action to remove the
UPFA supporters. The IOC of Beliatte Police Krishantha had subsequently
arrived on the scene and removed the Police Officer from the polling
centre.

Hambantota District – Thissamaharama Electorate – the CMEV monitor
has not been allowed into the Yatalathissa Prathamika Vidyalaya centre
no 71. He was also denied any information.

Galle District – Galle Electorate- around 10.10 am Deputy Minister
Lionel Premasiri, Deputy Mayor of Galle Fawzie Niyas ( UPFA) visited a
house close to Katagoda Technical Collage and threatened and intimidated
the occupants as alleged by Phillip Nishantha, who also placed an entry
with the Galle Harbour Police.

Hambantota District – Beliatta, Kahawaata Polling Station(NO.40),
Ajith Mathumanna, JVP member of Pradeshiya Sabha, reported that two
vehicles  belonging to Blue Force(“NIL BALAKAYA”)of UPFA, were  parked
near the Polling Station at about 10.00 a.m.

Hambantota District – Beliatte Electorate – Gatamanna North Junior
School Polling Station (No 35),CMEV mobile monitor Sampath reported that
many unauthorized persons were seen in the polling station between
08.30am and 09.15 am.

Hambantota District – Beliatte Electorate -H/Nayaka Rajapakse
Vidyalaya (No 34), CMEV monitor reported that many unauthorized persons
were seen within the polling station between 8.30am and 9.15 a.m.

Hambantota District – Beliatte Electorate – Gatamanna Wijaya Central
Collage Polling Station (No 33), CMEV monitor in Beliatta reported that
that many unauthorized persons were seen within the polling station
between 08.30 am and 9.15 a.m.

Hambantota District – Tangalle Electorate – Kadurupokuna Maha
Vidyalaya Polling Station No 23, CMEV monitor reported that the voting
booths were positioned in such a way as to make ballot papers visible to
the SPO when the voters cast their votes. The incident was reported
about 8.30 a.m.

Hambantota District – Tangalla Electorate,Gajanayakagama Junior
School(No 50)Polling Station, former MP Kularatne reported that D.R.
Pradeep Kumarage who was supposed to continue as a representative in the
Polling Station was assaulted and handed over to the Weerakatiya Police
Station by M.K.Mahesh, the son of M.K. Ranjith, Member of the Southern
Provincial Council and Private Secretary to Minister, Mahinda
Samaraweera, complaining that he had illegally collected NICs at about
12.20 pm. The suspect remains under arrest at the Police station.

Matara District – Matara Electorate – Pamburana Saliputhra Vidyalaya
Polling Station, JVP organizer for Mathara District reported that UPFA
supporters of minister Chandrasiri Gajahdheera came in a procession to
the Pamburana  Sailputhra Polling Station about 8.50 a.m. .

North Western Province

Kurunegala District – Hiriyala Electorate – between 12.00pm and
1.00pm, CMEV monitors W.A.S.L. Gunawardena and R.S.G. Wijendra were
threatened and their documents torn up by approximately 20 UPFA
supporters who attempted to assault the monitors, near the Almina Muslim
Maha Vidyalaya centre no 36. Police Officers who arrived on the scene
had resolved the situation.

Puttalam District – Chilaw Electorate – at 2.40 pm when the Returning
Officer was entering the polling station at Pambala Kanishta Vidyalaya
centre no 66, some UPFA supporters had also entered the polling station
asserting that if the Returning Officer could enter the station, they
also had the ability to do so.

Puttalam District – Chilaw Electorate – at 11.20 am: voters at the
Bangadeniya Kanishta Vidyalaya Polling Station centre no 23 were
assaulted by UPFA Arachchikattuwa Pradesheeya Sabha President Jagath
Samantha and others. They also told the Polling Agent to leave the
Polling station. Jagath Samantha rejects the allegation.

North Central Province

Polonnaruwa District – Polonnaruwa Electorate – while UNP supporter
Lakshman Senevirathne was on his way to the polling centre at 6.00am,
A.K.G. Nishantha Harischandra, Ranjan Nanayakkara (Mahaweli Adhikariya)
and Prashan had blocked the road and threatened him.  A complaint has
been lodged at the Aralaganwila Police – CIB I 205/238.

Polonnaruwa District – Polonnaruwa Electorate – UPFA provincial
councilor Peshala Jayaratna had been transporting voters in vehicles
belonging to Thamankaduwa Pradeshiya Sabha at around 1.30pm.

Uva Province

Badulla District – Mahiyanganaya Electorate – at 1.30 p.m – a group
of supporters of the Agriculture Minister of the Uva Palath Sabahva,
Anura Vidanagamage, went to the home of Mr Attanayake Mudiansalage
Gunaratne in Beligalla, Dambana and assaulted him and his wife. No
serious injuries were sustained in the assault. The Mahiyangana Police
has received the complaint and were recording statements.

Monaragala District – Monaragala Electorate – at 1.25 p.m. Uva
Provincial Council Minister Kumara Siri Ratnayake and his supporters
parked his vehicle ( Vehicle No. 59-2041) bearing President Rajapakse’s
poster, in front of the Kirawanagoda Kanishta Vidyala centre no 87 and
were seen talking to voters.

Digamadulla District, Pottuvil Electorate: CMEV observed two persons
on a motor bike (MT 0340) distributing ballot papers outside AI/
Kathariya Vidyalaya (Polling Centre 86) to four women asking them to
vote for President Mahinda Rajapaka. One of the women, A.M. Mizaya who
had already cast her vote had taken one of the ballot papers and voted
again. A CMEV monitor overheard the JPO asking her ”why did you come
now, you should have come later.”

CMEV strongly urges the Election Commissioner to consider
annulling the poll in this particular polling station.