SRI LANKA: Denial of right to vote resulted in mass deaths
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Consequent to the dissolution of the Parliament the previous month, the elections were held on the December 5, 2001 to elect the peoples’ representatives of the parliament in Sri Lanka. While the elections were marred by unprecedented violence, intimidation, reports of vote rigging and stuffing of the ballot boxes, there were also a number of murders.
Among the crimes committed during this election period, the event that took place on the evening of the voting day, the 5th of December is of serious significance.
According the reports reaching us, the supporters of the Sri Lanka Muslim Congress (SLMC) were escorting the election officials who were transporting a ballot box around 5:30 in the afternoon, form the Madawala polling station in the Katugastota electorate to the counting centre in the vicinity of Kandy. On their way, the suspects – alleged supporters of the Peoples’ Allilance’ (PA) Deputy Defence Minister, had given chase to the vehicle of the SLMC supporters causing the van to crash into a lamppost. The suspects had then come to the van, opened the doors and shot the supporters at point blank and fled after leaving some grenades. The death toll from this attack stands at 12. All the victims of this massacre happened to be the members of Muslim faith.
AHRC wrote letter to the National Human Rights Commission of Sri Lanka to investigate this massacre. The letter sent by AHRC to NHRI is reproduced below. You may make letter to request inquiry. See the suggested letter at the bottom.
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Dear Sir,
RE: THE KATUGASTOTA MASSACRE OF 12 MUSLIMS ON DECEMBER 5
You are aware of the massacre of 12 Muslims at Pahalathalawinna in the Katugastota electorate. These deaths were cold-blooded killing by shooting at unarmed passengers traveling in a van. They all happened to be of Muslim faith.
This being a massacre, it is the obligation of the National Human Rights Commission to investigate the matter independently. Your commission did this at least partially in the case of Bindunuwewa massacre.
As you are well aware, the suspects are said to be the supporters of one political party therefore it will be quite likely that pressure might be brought to investigation into this massacre. This makes your interventions even more necessary, so those perpetrators may not be shielded from the law due to lack of evidence, as it happens so often in Sri Lanka. We urge you also to monitor on how the police investigates this case and what actions the Attorney General, who is the chief prosecutors in the country, will take to prosecute the offenders.
Furthermore, we request you to excise your powers under the National Human Rights Commission Law to advice the government to make legislation on Crimes against humanity. These massacre both at Bindunuwewa and Katugastota will fall within the category of crimes against humanity. The definition of these crimes is already available in the Rome Statute on International Criminal Court. The relevant portion is as follows;
Article 7
Crimes against humanity
1. For the purpose of this Statute, \”crime against humanity\” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.
a) Murder;
b) Extermination;
c) Enslavement;
d) Deportation or forcible transfer of population;
e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
f) Torture;
g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
i)Enforced disappearance of persons;
j) The crime of apartheid;
k) Other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health.
We urge you to act urgently on this matter.
Thank you.
Sincerely yours,
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ACTION REQUESTED
Please send your letter urgently to the Chairperson of the National Human Rights Commission of Sri Lanka to investigate this massacre by fax or email.
SUGGESTED LETTER
Dear Sir.
Re: The Katugastota Massacre of 12 Persons on December 5, 2001
I am shocked and saddened to hear about this massacre. The least that can now be done is to inquire into these deaths and bring culprits to Justice. Given the experience of what happened to inquiries into Bidunuwewa massacre it is only natural to have doubts as whether such inquiries will take place.
Therefore, I urge you to exercise the authority of the National Human Rights Commission to cause a proper inquiry into the matter. I also request you to contact the families of the victims and ensure their safely and welfare.
Thank you.
Sincerely yours,
SEND LETTERS TO:
The Chairperson
National Human Rights Commission of Sri Lanka
No. 50, Dr. N.M. Perera Mawatha
Borella, Colombo 8
SRI LANKA
Fax: +941 696-470
Email: sechre@sltnet.lk
SEND A COPY OF YOUR LETTER TO:
Mr. B.L.V. Kodituwakku
Inspector General of Police
New Secretariat
Colombo 1,
SRI LANKA
Fax: +941 446-174
