PAFFREL
Interim Report
Parliamentary General Elections 2004
April 4, 2004, 2.00 p.m.
The General Parliamentary Election of April 2nd took place in an atmosphere largely free of the violence and intimidation that had marked past elections, with the exception of the North East. In the North East the election period was marred by numerous acts of political intimidation and violence that made it impossible for parties not supported by the LTTE to campaign freely. Election related political murders of UNF candidate Mr. S. Sundarampillai and EPDP activist Mr. P. Nagendran were committed in Batticaloa at the commencement of the campaign leading to the withdrawal of four UNF candidates contesting from the Batticaloa district. TNA candidate Mr. Rajan Sathyamoorthy was assassinated at his home, together with his brother in law, Mr. Kanagasabai almost at the end of the campaign period in Batticaloa allegedly by the LTTE and the Government Agent, Battcaloa, the Chief Returning Officer for the districtwas shot at and critically wounded a few days before the poll. The fifth murder was of Mr. Kalam of the Sri Lanka Muslim Congress in the Amparai district. These had a chilling effect on campaign activities in the east. On election day, PAFFRELs international observers monitors witnessed large-scale voter impersonation out of LTTE controlled areas [and in WHERE]. in Jaffna town and at the cluster polling station at Muhamalai in the Jaffna district, and in a number of locations in the [and Batticaloa district],
The April 2 election was the first since the cease-fire was declared between the Liberation Tigers of Tamil Eelam and government forces in February 2002. It was also the first time in nearly 15 years that voters from LTTE-controlled areas in the Vanni had unrestricted access to polling stations, although this was dependent on the availability of adequate transport facilities. In the December 2001 election, Tamil voters were prevented from traveling between homes in LTTE-controlled areas and clustered polling places in army-controlled areas after the military reported receiving warnings of a security threat.
In the course of the campaign, ten six prominent Tamils, including an election official, severaltwo candidates, a party activist and a locally influential academic from the east were shot. A Muslim was shot at Amparai. Five died from their wounds. Their whereabouts remain unknown. The police have not successfully investigated any of these killings.
In the 2004 election the Tamil National Alliance (TNA) functioned as the LTTEs political proxy and only those candidates on the TNA ticket were free to campaign openly and without harassment in the North. The Eelam Peoples Democratic Party (EPDP) could not campaign at all in LTTE controlled areas. Supporters of the EPDP and the Anandasangari group reported being threatened and physically assaulted, prevented from using loudspeakers and holding rallies, were being harassed when circulating leaflets or canvassing door-to-door.
The role of the media was a source of concern throughout the country. For Tamil voters in the north and east, access to independent information about the candidates other than those with the TNA was limited, as few Tamil language news sources were willing to feature challengers to the LTTEs claim to be the voterssole representative. One news outlet that did so, the London-based Tamil Broadcasting Corporation (through a hook-up with the Sri Lankan Broadcasting Corporation) received death threats demanding that it stop broadcasting news until after the election. It was also apparent that some private Tamil language media channels were misreporting or misrepresenting events in the east.
Political bias was also alleged in national media. On March 29, allegations of media bias in favor of the UPFA led the independent election commissioner to take control of state-run television and radio. It has been noted that the independent media has tended to favor the UNF, but cannot under law be similarly restricted.
North East Situation
In the North East there was a climate of intimidation due to the fear of assassination and assault by parties and groups that opposed pluralism in Tamil society. The assassination of three candidates in the East and the climate of terror affecting non TNA candidates, prompted several of them to publicly announce their withdrawal from the electoral contest. The LTTEs insistence that Tamil politicians in the North East should contest the elections under one party, and of being deemed traitors if they did not, exerted a chilling influence on the ability of rival Tamil political parties to contest the elections. This had serious implications for voters capacity to vote for the candidates of their choice. There was no possibility at all for candidates from such political parties to conduct their campaigns within the LTTE-controlled areas.
The split in the LTTE with the breakaway of its eastern leadership also added to the climate of violence and intimidation. A further factor that marred a free and fair election in the North East was the difficulties placed in the path of people in the North East, both those living in LTTE-controlled areas, and those who are internally displaced, from casting their votes. The Election Commissioner decided not to set up polling stations in LTTE controlled areas. He directed that clustered polling stations be set up in the government-controlled areas, as in the past, and that transport be provided to voters to facilitate access to these stations.
It was observed
that there was a reasonable presence of polling agents from different parties
in Jaffna town. No incidents
of violence were
reported from this area. However according to our international
observers the voter
turn
out appeared to be low and large numbers of youth were also
observed with stacks of polling cards, particularly in the
vicinity of the
Jaffna campus.
There was enthusiastic participation of voters from the LTTE
controlled areas, some of whom were voting after a period
of twenty years.
However, our international
observers in Muhamalai in the Jaffna district reported large
scale distribution of polling cards taking place in an organised
manner.
The EPDP withdrew
their polling agents at 11.30 am.
In the Batticaloa district also, our international observers saw large scale impersonation taking place in Vavunathivu, Vantharamoolai and near the ferry from Kokkadichcholai, and in the latter place they saw some of those distributing polling cards being arrested by the police. In Kaththankudy the situation was very tense, and our observers saw an unauthorised pink polling card being used by some voters.
PAFFREL observers
in the Batticaloa district noted that nearly 70% of polling stations visited
had no polling agents
from
any political
party.
Where
polling agents were present they were from the TNA and
in some instances TNP polling
agents were observed directly influencing voters while
the SPO was reduced to the role of a spectator.
One of PAFFRELs major concerns at this election, as at
previous elections has been the difficulty to call any
election free
and fair when large
numbers of
eligible citizens in the north and east do not have access
to polling stations due to distance and lack of transport
facilities, or,
in the case of internally
displaced persons, are not registered to vote. While
in the north, the Election Commissioner undertook to
provide
transport
facilities
to clustered
polling
stations, this did not prevent inconvenience to the voters
or address the level of fear and intimidation of voters
that served to prevent
free voting.
Harassment During the Campaign Period
The EPDP and the Anandasangari groups raised many security concerns that made it impossible for them to fairly compete against the TNA in the elections. The PAFFREL international observers were only able to examine a handful of individual cases. Given the context of political violence in Jaffna district, and the failure to date of the police to make arrests in major cases (such as the killing last year of an EPRLF leader in Jaffna town), these allegations must be treated with utmost seriousness.
The EPDP
and the Anandasangari groups said they were unable to carry out normal
campaign activities, such
as public
rallies, because
of
the lack
of security.
They reported that threats had been made against
campaign workers out on the streets. The police
provided security
to campaign
lorries, but
this,
according
to the parties, did not reduce the general public
fear of being seen participating in such events.
The Anandasangari
group
showed international
observers
a destroyed megaphone that they said was smashed
up by LTTE
supporters. One
teacher told
PAFFREL international observers that she was stopped
and threatened on the street by two persons who
cited her involvement
with
the EPDP, and
told her
to report
The EPDP alleged, and international monitors were
able to confirm, that they had considerable difficulty
hiring
transportation
for political party use.
After the TNA complained to PAFFREL on April 1
that the EPDP had stolen two buses, international
observers
investigated
and discovered
that
EPDP
had
legitimately rented the two buses. After the bus
owners were
threatened by the LTTE, they
returned the EPDPs deposits and took back the two
buses so the EPDP could not use them on election
day.
An international monitor followed a bus that evidently was transporting voters to a polling station. The bus tried to evade the monitors van and only stopped when its path was blocked. A person on the bus admitted that it was transporting TNA candidates and their familiesto the polling station.
Voter Impersonation in Jaffna
Two international
observers at the Muhamalaiahamalai cluster polling station independently
witnessed
serious large-scale
vote rigging
originating from
the LTTE-controlled uncleared area. Between
11 a.m. and noon, international observers
saw young men collecting pollingvoter cards
from persons crowded into open-air vehicles. In other
instances,
young men were
handing out pollingvoter
cards
to persons in vehicles, seemingly checking
them (perhaps for sex) before handing them over. At
least three
persons were
seen holding
two-inch
wads of voter
cards while young men stood nearby grasping
cards apparently just given to them. When an international
monitor approached
one such
man, he
turned and
walked away. People were also seen washing
the ink off their finger. In general, all of this
activity was taking
place
openly with no
apparently regard for
the presence of vehicles containing election
observers.
At the Muhamalaiahamalai polling station,
the voting by the great majority of the population
was completed
by noon.
After
this time,
virtually
the only people voting were young men who
were
voting in groups of six to
twenty. Some of these were clearly under
eighteen years of age. While it was not
possible
to confirm that these young men were voting
with illegal voter cards, the overall circumstances
strongly suggest
that this
was the case.
International monitors in Kayts saw seven persons arrested for impersonation. Another person was observed voting twice.
In Jaffna town where young men were seen with wads of polling cards in the vicinity of the University of Jaffna and appeared to be engaged in voter impersonation.
Harassment of Polling Agents in Jaffna
The EPDP and the Anandasangari group both said it was extremely difficult to find volunteers to serve as polling agents because of fear of LTTE retribution. In fact, the Anandasangari group decided not to field any polling agents at all because of security concerns.
Prior to election day, international observers interviewed an EPDP polling agent who provided detailed information on serious harassment and death threats from LTTE cadres. According to the polling agent, at 11 pm on March 31, ten persons in plainclothes and wearing kerchiefs over their faces arrived by van at his home while he was sleeping. He and his wife were ordered outside. Five of the men questioned him about his going to the EPDP office and demanded to know whether he would be a polling agent. They demanded to know the names of the other EPDP polling agents from the area. One grabbed him by the neck and pushed his head against a coconut tree. Thin objects were stuck in his ears which he believes were handguns. With a torch (flashlight) they hit him very hard in the stomach (his stomach still hurt the following day) and said that if he was seen acting as an EPDP polling agent he would be murdered the day after the election. The men departed but drove their vehicle back and forth in front of the house until about 1 am.
The EPDP sent several polling agents to the Muhamalai cluster station. In at least one polling station, the SPO removed the EPDP polling agents after they have raised concerns about some of the people voting for instance, that their age did not match that of the polling card, men were voting for women and vice-versa, people were voting for dead people. At one point, the SPO told the polling agent that he was disturbing the voting process and called the GA, who intervened and ordered the removal of the EPDP agent on the grounds that the agent was not a resident of the polling station and therefore, was violating the electoral law. This is not a requirement for being a polling agent, however, which merely requires a properly authenticated letter from the persons party, which the polling agent had. An hour later, after consulting the Election Commission, the GA reversed his decision and permitted the EPDP polling agent to continue in his function.
Batticaloa Pre-Election Violence
In early March, LTTE eastern commander Karuna announced that he was splitting from the LTTE because of the unfair treatment of eastern Tamils from the LTTE leadership in the north. Prior to this, a Tamil UNP candidate and a party worker from EPDP were murdered, allegedly by the LTTE. These killings occurred shortly after the LTTE had reportedly announced that no Tamils should contest for the two main parties in the north and east. The two killings had a major impact on the political atmosphere in the region.
In Batticaloa district, unidentified gunman shot and killed TNA candidate Sathyamoorthy on March 30. The following day an announcement was circulated, its source unknown, indicating that Jaffna Tamils should leave Batticaloa. One reason given was that it is because the northern was accused of being responsible for the killing of Sathyamoorthy. Of the 8 TNA candidates in the district, one is not openly pro-Karuna, Joseph Pararajasingham. Karunas supporters put him under house arrest and announced with loudspeakers in front of his house that he should leave Batticaloa within 24 hours. An unknown number of Jaffna Tamils soon left, evidenced by the closure of a number of shops in Batticaloa. On the night of March 31, a bakery owned by a Jaffna Tamil in Chenkalady was set on fire. Seventeen doctors of Jaffna origin reportedly left from Batticaloa hospital. On April 1 there was a funeral procession for Sathyamoorthy where his body was taken to a number of places, including LTTE controlled areas. This was done without incident.
Impersonation of voters in Batticaloa
Voters came from the LTTE controlled areas and voted in cluster stations in the government-controlled area. In Vavunativu, international observers witnessed voter impersonation on a large scale. At the cluster polling station, they witnessed the distribution of voting cards and persons carrying many voting cards in their hands. Those involved in the activity did not seem concerned by the presence of international observers. The impersonation was also observed by the police who took no action. Near the Kokkadichcholai ferry, another cluster station, police arrested a group of young men who were carrying large numbers of polling cards. In Chenkalady, observers watched people removing the ink from their fingers; they also saw numerous people vote whose fingers were clearly inked but were still allowed to vote.
Observers noted that civilians were checking poling cards at the entrance to the polling station at the Siththandi MMV polling station. A gang of alleged impersonators were turned away by the police. Monitors also observed a JPO attempting to influence a voter at Hall No.4 at the Siththandi MMV. The access and exiting arrangements here were in general confusing and disorganised.
TNA polling agents
were observed attempting
to
influence voters
at Chenkaladi MV
or watched while
TNA polling agents
directed
voters. Monitors
observed groups
of under aged
youth
arriving to vote
at Kumavellayar
Kiramam Selvavinayargar Vidyalaya
and Koralakerny
Vidyalaya in the
Kalkuda
polling division
in Batticaloa indicating
large scale impersonation.
Events observed
at Kaluvankerny
Vivekananda
Vidyalayam
and the Vandaramoolai
Vishnu MV indicates
highly irregular
behavior of
election officials
including the SPO
where voters were
influenced
and had no
privacy when
casting
their ballots.
Large scale impersonation
was obvious at the Vandaramoolai
Ganesh
Vidyalam
and the
Vantharamoolai
Vishnu MV
where only three
transport tractors
crossed the Uppodai
bridge once from
the
LTTE controlled
areas
to the
government controlled
areas for the
day but nearly
900 votes were
polled from voters
in the
LTTE
controlled areas.
Police were stopping
voters outside
the Mavadivembu
Vigneswara
Vidyalam
Hall
No.2 and scrutinising
polling cards
while civilians
were
issuing polling
cards to
potential impersonators
outside
the
polling station.
Posters of TNA candidates were conspicuously pasted outside polling stations and at the entry point from the LTTE controlled areas and all along the main road between Batticaloa and Kiran. TNA party symbols were painted on the roads.
Transportation facilities were extremely inadequate at Karuththanpalam where many voters who had cast their votes were stranded and unable to return to their homes in LTTE controlled areas.
Violence and Voter Impersonation in Kathankudy
In this predominately Muslim area, during the campaign there were many clashes between the SLMC and UPFA, and also among candidates vying for the SLMC. There was serious tension at polling stations on election day but no reported violence. International monitors witnessed numerous persons removing ink from their fingers; in several polling stations the ink pens were dry. In the Musin Mowlana Quoran School polling station by 1 p.m. almost all votes were cast, apparently because fake polling cards, bright pink in color, were being accepted by the election officials. Election officials said they were accepting these blatantly fake cards because they were being threatened. Organised voter transportation was observed at Kathankudy.
Violence at Digamadulla
The
Secretary and supporters of a
leading
candidate
of
the SLMC
were
seen
threatening
voters
at
the
Abdul Majeed
Vidyalaya
polling
station
in
Samanthurai. The group
was
armed with
poles
and
sticks and it
was
noted that
the
police
security
was
inadequate
and
could not deal
with
the
situation.
It
was
also
observed
that
voters
were
transported
in
large
numbers
to
the
polling
stations
at
Kalmunai.
These
included
polling
station
41,
3,
5,
12,
13,
2 and
8.
Unidentified
persons
allegedly
snatched
voter
lists
from
polling
agents
at
polling
stations
in
Kalmunai.
Supporters of the UPFA allegedly opened fire at voters in Samanthurai and were also involved in fighting
SLMC supporters in Sammanthurai allegedly fired at a vehicle carrying the members of the UPFA. One person was injured
The SPO of the Samanthurai Muslim Girls School was threatened by the supporters of the SLMC
When observers reached the polling stations of Kalmunai Al Jalal School (No.4) at 12 noon there was a gathering outside and gun shots were heard. The SPO, informed the PAFFREL observers that a voter had assaulted a polling agent who had objected to his voting and the polling agent had to be hospitalized. The poll was interrupted for 30 minutes as a result of this incident .
PAFFREL observers were told by voters looking for transport to polling stations in the Sennai Kiraman Zaheera Vidyalaya area in the Sammanturai electorate that they had polling cards of deceased persons and could use them to cast ballots.
A motor cycle ridden by a SLMC supporter allegedly rammed into two UPFA supporters at the Al-Arsan Vidyala area in the Sammanthurai electorate.
Omanthai
and
Mannar
Voter
Impersonation
International monitors observed youths obviously below age voting at cluster stations in Omanthai and on Mannar. In Omanthai, two youths apparently known to TNA polling agents voted without being properly inked. In Mannar town, one youth was arrested after trying to vote for times. Groups of youth at one polling station were viewed rubbing the ink off of their fingers.
Trincomalee
Voter
Impersonation
In Kakkamunai, the SPO reported that 60-70 people had cast votes without polling cards in the morning and afternoon. Because there was no objection from the various polling agents, the SPO permitted the voting. After Muslim prayers one person who had already voted tried to vote again and was turned away. Later some 50 people appeared and tried to forcibly stuff ballots, but the SPO prevented this. Voting was suspended between 1:45 and 2:30 but was restored without incident. The SPO issued alternative ballots to those voters who said that there votes had been cast by others.
Incidents of Election Violence and Violations Elsewhere
Some incidents of violence and violations were reported from a number of electoral districts. In relation to previous elections and to the poll in the north east at this election, the violations in the rest of the country were relatively minor and did not appear to be of a systematic nature. These included serious assault, shooting, grenade attacks, and forced entry into polling stations, intimidation and chasing away of voters, impersonations, damage to vehicles and property and the illegal transportation of voters. Brief summaries of these incidents are provided below. Observers from some places reported active canvassing and the distribution of polling cards. A few PAFFREL observers were also intimidated. These incidents were primarily reported from Kurunegala, Kandy, Nuwara Eliya and Petaluma. The lowest number of incidents recorded was from Kegalle, Galle, Badulla, Kalutara, Anuradhapura, Colombo and Polonnaruwa districts. The highest number of infringements was reported from Wayamba. A fair number of incidents were reported from The Southern and Western Provinces.
Voter
Impersonation
in
Puttalam
district
-
PAFFRELPaffrel
monitors
arrived
at the
two polling
sections
for
Vanni
and
Jaffna
at
the Palavia
Sinhala
school
at 11.40am.
These
were
polling
stations
set up
for the
internally
displaced.
The
police
reported
that twenty
people
had
arrived
with
voting
cards
for Jaffna
but the
Senior
Presiding
Officer
(SPO)
had refused
to let
them vote
because
their
names
did
not appear
on the
list.
The
voters
had
apparently
left
without
incident.
The
international
monitors
returned
at 1.30
pm. No
voters
were
at the
station
but
the Jaffna
candidate,
for
the Muslim
Congress
was
inside
the
Jaffna
section.
The police
met the
PAFFREL
observers
outside
the
polling
station
to explain
that after
the monitors
had left
the denied
voters
had
returned
with
the candidate
and a
mobof
around
fifty
people.
The mob
complained
about
the SPOs
refusal
to
allow
them
to vote
and the
length
of
time the
voting
process
took because
of the
disparity
between
the voting
cards
and
the voting
list.
The
police
told
us that
there
had
been fights
and verbal
arguments
and
one of
the candidates
supporters
had
tried
to
take the
ballot
box
and burn