Dear friends,
We wish to share with you the following statement from the Sri Lanka Guardian.
Asian Human Rights Commission
Hong Kong
————-
A Statement from the Sri Lanka Guardian forwarded by the Asian Human Rights Commission
Sri Lanka Human Rights Watch
The opposition holds a meeting to protest the rigging of the election
(February 04, Colombo, Sri Lanka Guardian) A meeting organised by the joint opposition to condemn the rigging of the presidential election was held at Hyde Park Corner on the 3rd February. Thousands of participants gathered at this meeting representing diverse political groups. It is one of the most significant meetings following an election in Sri Lanka to protest the validity of an election result.
The crowds that gathered through various roads surrounding Hyde Park Corner shouted slogans condemning the election as rigged and called for inquiries and investigations. The meeting was addressed by all the leading members of the joint opposition group. The joint opposition candidate, retired general, Sarath Fonseka, in addressing the meeting stated that there was clear evidence of malpractice in the election. He showed the ballot papers that had been found at Ratnapura which had been thrown into a rubbish dump which were, in fact, valid votes that had been declared as wasted votes. Mr. Fonseka said election observers were chased away from many centres before the election results were announced. Therefore, at these centres the opposition observers were unable to observe the process or to receive the carbon copies of the result sheets. He said that the opposition had the legal right to go before the Supreme Court in order to file an election petition within 20 days from the date of the election and that the opposition was, in fact, making arrangements in order to file the petition.
The meeting was also addressed by leaders of other political parties such as the United National Party, the JVP and also the Nava Sama Samaja Party and the Muslim Congress.
The joint opposition candidates letter to the Commissioner of Elections
The joint opposition candidate, retired general Sarath Fonseka has written a letter to the Commissioner of Elections expressing his belief that the election result is not legally valid due to violations relating to election law and a number of activities which were of a fraudulent nature and stating that he is informing the Commissioner that evidence is available to declare that the election is invalid.
He further stated that according to the information available the result that was announced was incorrect and illegal. He stated that the brother of the president, Basil Rajapakse was in the Election Commissioners premises from the early morning of the 27th and that he manipulated the election results and that the manipulated statistics given by him were announced as the final election results. He also states that Mr. Rajapakse was in the premises at the time when the persons who contested the elections and their secretaries were not permitted to enter the Commissioners office.
He further went on the state that in terms of Act No. 15 of 1981 there are procedures to follow before declaring an election and these procedures have not been adhere to. Mr. Fonseka requested the Election Commissioner to issue to him copies of the result sheets issued by 22 election districts which had been sent to the Commissioner and also the result sheets of the postal votes as he wished to refer to these in his petition to the courts regarding the election.
Death threats to Sanjeewa Samarasinghe
The President of the United Government Employees Conference, Sanjeewa Samarasinghe has complained to the Inspector General of Police in writing that he has been facing death threats. Mr. Samarasinghe is a journalist and the convener of the Association of Journalists at Lakehouse. He stated that since the announcement of the election results on the 27th January he has been receiving numerous telephone calls in which persons who are not known to him have been making death threats against him. Also, a number of persons, not known to him, have visited his house. They have inquired after his whereabouts. A number of other persons who arrived on motorcycles have also been making inquiries about him. He mentioned that many members of the association have been assaulted and dismissed from their jobs and even chased away from their working premises following the election results. Meanwhile, he also accused the chairman of Lakehouse of acting in a manner that could put Mr. Samarasinghes life under threat.
He also stated in his letter to the IGP that he, his wife and children have left their house and are living in an undisclosed location due to the threat to his life. He has asked for protection for his family, his home and himself.
The wife of the disappeared journalist complains to the Human Rights Commission
The wife of Pregeeth Ekanaliyagoda, the journalist of LankaENews who disappeared on the 24th January, made a complaint yesterday to the Human Rights Commission of Sri Lanka regarding the disappearance. She arrived at the Commission with a group of lawyers in order to record a complaint. A senior officer of the HRCSL initially refused to record her statement. When the lawyers accompanying the journalists wife questioned the official as to why he would not record the complaint the senior officer finally took the statement. However, he went on to say that there was no possibility of inquiring into this matter.
The Human Rights Commission of Sri Lanka has taken the position that although it has taken the statement it does not have the capacity to investigate the disappearance of the journalist.
Meanwhile, a journalist belonging to the Shaktki TV Shri Ranga and Sub Inspector who is acting as a guard for the journalist were assaulted by a group of unidentified persons in Hatton. A complaint has been made by Mr. Ranga that he and his body guard who has been acting as his security officer were assaulted yesterday, the 3rd February.
SRI LANKA: Diary of Terror – Seventh report 07th Feb. 2010
Sri Lanka Human Rights Watch
Setting fire to a building where sports equipment granted by JVP Pradeshiya Sabha was kept.
(February 08, Colombo, Sri Lanka Guardian) At Ratgalla of Kunagara, a primary school building in which sports equipment granted by the JVP Pradeshiya Sabha was housed, was demolished. The value of the building is estimated at Rs. 500,000 and the value of the sports equipment is estimated to be Rs. 200,000. The arson was done on the night of February 4th and the attackers are unknown. The police have visited the premises, but no one has been arrested as yet for starting the fire. The donation for the sports equipment was given from the allocations of the Pradeshiya Sabha member of the JVP.
Election commissioner re-confirms his powerlessness
The Election Commissioner held a press conference on February 3rd and tried to explain away what he calls misunderstandings about the statement he made on January 27th while declaring the results of the presidential election. In the course of his explanation, he reconfirmed that the system of violence in the elections are a result of the political culture emanating from the 1978 Constitution. When asked whether the violence which prevailed in the presidential elections will re-occur in the coming elections, he said that there was no way for him to stop such violence. He was questioned about the abuse of state media prior to the elections and on the day of the elections. He had earlier stated that attempts taken by him to stop the misuse of state media in favor of the president failed, and his interventions were ignored. He re-confirmed these statements and stated that there is nothing that would be done about such attempts, except to go back to the Supreme Court and make a complaint; the Election Commissioner himself could do nothing about such matters. He tried to explain away the problems by stating that whatever is not done in good faith is bound to fail, referring to the 1978 Constitution and 17th Amendment to the Constitution as actions which have been taken without good faith. Like anyone who is unable to give an explanation about the issues that have been raised, he tried to resort to religion and fatalistically attempted to attribute the present state of affairs purely to questions of good faith.
As the officer holding the sole responsibility of ensuring the free and fair election, the duty of the Election Commissioner is not merely to make a declaration at the end of elections, but to ensure that the election is conducted within the framework of the law. The declarations made by the Election Commissioner prior to the election and at the time of the announcement of results, clearly indicated that there were serious violations of the law which would affect the results of the election. Even in this interview, he did not try to assert his capability to carry out the legal obligations as required of an Election Commissioner. Rather, he reconfirmed that the environment within which he has to work was not conducive to carrying out his obligations.
The carrying out of an election is one of the most primary duties of an Election Commissioner, and it is the governments responsibility to provide a support system that would allow the Commissioner to carry out his legal duties. The Election Commissioners assertions clearly indicated that he does not have such co-operation from the government. As such, there is no guarantee that the upcoming Parliament elections will be conducted by an authority which is able to assert its legal obligations in the manner that is required by the Constitution. Indeed, the Commissioner himself clearly indicated that he does not have any faith in the constitution under which he has to function. If the very legal authority which has to carry out his obligations of holding a free and fair election does not trust the constitutional framework within which he works, there is no ground to believe that the carrying out of the next election would be any different to what has happened in the last election. Ultimately, the Commissioners own position is that there will be no difference.
Large-scale transfers in the police
Further to changes that have taken place in the military following the presidential election, newspaper reports indicate that over one hundred transfers, including the transfers of higher-ranking police officers have been ordered immediately following the elections. The reasons stated in the reports for the transfers is that these officers have failed to carry out the orders from above during the last election. The indication is that these are officers who have not carried out the orders of the government during the last presidential election.
Under the law, the authority of the transfer of police officers belongs to the National Police Commission. One of the purposes of appointing the National Police Commission was to prevent political transfers, particularly during the elections. It appears that the present transfers are done in the view of Parliamentary elections which are to be held in a few months time.
JVP leader complains of death threats to IGP
A letter written by the leader of the JVP to the inspector general of police regarding death threats allegedly made by the Secretary of Defense has been issued to the public. The letter is as follows:
Complaint on my future safety
Today, the 28th January 2010, at 9.21 am Im received a call on mobile phone that I am using. The phone number which appeared on screen was the mobile number of the Defence Secretary Gotabhaya Rajapaksha. The mobile number of Mr. Gotabhaya Rajapaksha 0773501626 was given to me by him a long time ago. When I tried to answer the call and only could say hello! I felt that his voice sounded very apprehensive.
He started to threaten me. This is how threatened me. Be warned, I will set n fire your Lanka Newspaper office, you talk much and you went hiding in a foreign country. Then I said. Not only was I, you too in the past. Then he got infuriated and started abusing me in a filthy way and said, You dog, you wait and see I will kill you. I will finish off you soon.
When he started to threaten me, I switched the phone speaker mode so that the party Comrades Vajira Yasantha Ranaweera and Janaka Mahinda Pieris , who were there with me at the time, were able to hear the voice of Defence Secretary.
Defence secretary of Sri Lanka threatening me in this manner must be given your serious attention. I hereby make this written complaint for my future safety.
Signed; Somawansa Amasinghe
Leader of the Janatha Vimukthi Peramuna
464/20 Pannipitiya Road
Battramulla
2010 January 28
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
