Diary of Terror - 7th 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 government’s 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 I’m 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