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Presidential Election – 2010

Interim Report -I

25th January 2010 Colombo CMEV is deeply concerned that the integrity of the electoral process has been seriously challenged in the course of this Presidential Election campaign. In particular, CMEV wishes to record its grave concerns over the blatant disregard demonstrated for the Rule of Law, the authority of the Election Commissioner, allegations of irregularities in the conduct of postal voting, the intervention of serving military officers in the political campaign and the misuse of state resources and of state media organs. We also wish to reiterate our concern over the effective disenfranchisement of a large number of IDPs and over the problems previously highlighted in respect of voting identity documentation.

Elections are the basic mechanism for choice and change in a functioning democracy and accordingly provide an illustration of the health of the institutions and processes of governance in the country. In this respect, what has transpired in this campaign – the first in a post war Sri Lanka in almost two decades- profiles break down and dysfunction underpinned by a zero-sum political culture impervious with seeming impunity to the norms and procedures of democratic governance.

This election campaign has been characterized by persistent mudslinging, the abuse of state resources and the intensification of violence, resulting in 05 Murders and the use of firearms in 121 incidents – 14% of all incidents and 33.15% of all Major incidents - in this first election in the aftermath of the defeat of terrorism.

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The percentage figure for Major incidents in this election campaign is 45% (365 out of a cumulative total of 809 in the period 23 December 2009 – 25 January 2010). Of these 365 Major incidents, Assaults constitute 27% or 99 incidents; Threat and Intimidation, 29% or 108 incidents.

In comparison, the Presidential Elections in 1999 and 2005 respectively recorded a 48% and 37% figure for Major Incidents. The corresponding figure for the use of firearms in 1999 and 2005 respectively was 31% and 20%.

The geographical spread of the Major incidents breaks down as follows:

Hambantota District with 54% or 28 incidents out of an overall district total of 52 incidents. Polonnaruwa District with 44% or 29 incidents out of an overall district total of 66 incidents. Anuradhapura District with 43% or 25 incidents out of an overall district total of 58 incidents. Kurunegala District with 42% or 36 incidents out of an overall district total of 86 incidents.

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In this 2010 Presidential Election campaign, the Election Commissioner has repeatedly had to issue instructions to the Police to remove posters, cutouts and banners. He has appointed and then withdrawn a Competent Authority to oversee two state -controlled media organs. He has gone on record on more than one occasion with his frustration and despair over the flagrant disregard of his constitutional authority. Consequently, professional groups have sought the intervention of religious leaders to protect the integrity of the electoral process.

Continuing electoral violence and malpractice, as CMEV has constantly stressed, underscores the pivotal importance of the full implementation of the Seventeenth Amendment to the Constitution providing for a Constitutional Council and the establishment of independent commissions for the Police, public service and elections amongst others. The organizations that together comprise CMEV have been in the forefront of the campaign for the full implementation of the Seventeenth Amendment. The Centre for Policy Alternatives (CPA) has engaged in public interest litigation on this score as well. Whilst the Amendment is not a panacea, CMEV firmly believes that its full implementation, though not sufficient, is nevertheless vitally necessary for democratic governance in Sri Lanka.

CMEV fervently hopes that the flawed electoral process will yet produce a result that unequivocally reflects the wishes of the voters. We call upon our fellow citizens to resist all forms of violence and malpractice and vote as we traditionally have in large numbers, to restore the integrity of our institutions and processes of democratic governance. CMEV calls on all officials and the Police, charged with the responsibility of conducting the election, to discharge their responsibilities without fear or favour and thereby ensure that despite the flawed process so far, proceedings on Polling Day will constitute an affirmation of democratic governance in Sri Lanka.

On Election Day, CMEV will be deploying a total of 3,790 monitors made up of 290 Mobile Monitors including 20 International Observers and 3,500 Monitors who will be stationed in polling centres throughout the country.

All CMEV Media Communiques and the Report of the Field Visit to Jaffna, Killlinochchi and Vavuniya can be accessed from www.cmev.wordpress.com

CMEV was formed in 1997 by the Centre for Policy Alternatives (CPA), the Free Media Movement (FMM) and the Coalition against Political Violence as an independent and nonpartisan organization to monitor the incidence of election related violence. Currently, CMEV is made up of CPA, FMM and INFORM Human Rights Documentation Centre.

DR. P. Saravanamuttu Mr.Sunil Jayasekara Mr.Udaya Kalupathirana Co – Convenor Co-Convenor Co–Convenor

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Annex I

List of Politicians and supporters named as perpetrators

Electorate Names of Perpetrators Party Incident Police Complaint Chairman of the UPFA Assaulting a JVP No Police Pradeshiya Sabha R.M. supporter complaint Rathnaweera Chairman of the UPFA Attacking a JVP party Monaragala Pradeshiya Sabha R.M. office and threatening EIB 99/21 Rathnaweera those present Member of the Pradeshiya UPFA Assaulting and Monaragala Sabha Premasiri Kumara injuring 2 UNP 122/14 EIB supporters 12515 Chairman of the UPFA Assaulting a UNP Athimale Siyambalanduwa supporter CIB/184/22 Pradeshiya Sabha W.M. Monaragala Chandrapala Supporters of Minister of UPFA Destroying a JVP Monaragala Nation Building A.P. party office EMOR 4/2010 Chairman of the UPFA Assaulting and Monaragala Pradeshiya Sabha R.M. injuring 2 JVP EIB 159/40 Rathnaweera supporters Chairman of the Makulla UPFA Destroying a JVP Dambagalla – Pradeshiya Sabha Saman party office complaint Wickramarachchi number not given to CMEV Chairman of Badal UPFA Assaulting a UNP Badal Kumbura Pradeshiya Pradeshiya Sabha Kumbura – Sabha Samarasinghe member complaint Abeysekera number not Badal Kumbura given to CMEV Pradeshiya Sabha member Kapila Samarakkodi Badal Kumbura Pradeshiya Sabha member Nihal Susantha Chairman of the UPFA Setting fire to a three- Monaragala Pradeshiya Sabha R.M. wheeler belonging to EIB 181/54 Rathnaweera a JVP supporter

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Electorate Names of Perpetrators Party Incident Police Complaint Passara Vice Chairman of the UPFA Assaulting a UNP No Police UPFA Pradeshiya Sabha supporter complaint T.M. Premadasa Bandarawela Provincial Councilor and UPFA Operating a party No Police Chief Organizer Dr. office from within the complaint Pushpakumara Zonal Education Office Non Cabinet Minister of UPFA Going to the No Police Nation Building complainant’s home complaint Gunarathne Weerakoon and threatening him Karandeniya and 2 others at gunpoint Security Officers of Non UPFA Going to the Karandeniya Cabinet Minister of complainants party CIB 66/30 Nation Building office and Gunarathne Weerakoon, intimidating them by Manju and Kotta showing a gun Vice Chairman of the UPFA Attempting to assault Ahangama Imaduwa Pradeshiya the complainant and EIB75/57 Sabha A.V. Sarath Kumara damaging his and others motorbike Habaraduwa Chairman of the UPFA Tearing posters and Ahangama EIB Pradeshiya Sabha making death threats 18/208 Bandupala to the complainant Vice Chairman Susil Kumara Jothipala and others Vice Chairman of the UPFA Destroying cut outs of Meetiyagoda Imaduwa Pradeshiya a party office EIB 49/32 Sabha A.V. Sarath Kumara and others Nagoda Pradeshiya Sabha UPFA Assaulting the Nagoda EIB member Bandula complainant and 42/17 Hirimuthugoda and others Hiniduma supporters Supporters of Minister of UPFA Causing damage to a Pitigala EIB Vocational and Technical home 80/52 Training

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Electorate Names of Perpetrators Party Incident Police Complaint Pradeshiya Sabha member UPFA Assaulting a JVP Medagama – Bibile Gamini Rajapakse Organizer complaint number not given to CMEV Wellawaya Pradeshiya Sabha member UPFA Threatening a JVP Thanamalwila Chandrasekera former Pradeshiya CIB 2/121/458 Sabha member Uva Provincial Council UPFA An assault threat as a Mahiyanganay Minister of Agriculture result of a banner a RIB 1/2 Anura Vidanagama and being removed supporters Uva Provincial Council UPFA Firing shots at the Mahiyanganay Minister of Agriculture wall of the home of a EIB 30/17 Anura Vidanagama and JVP supporter B.A. supporters Chaminda Supporters of Uva UPFA Assaulting a JVP Mahiyanganay Mahiyanganaya Provincial Council supporter who works a – complaint Minister of Agriculture at the Mahiyangana number not Anura Vidanagama, K.A. Depot given to CMEV Jayantha and M.C. Bandara Supporters of Uva UPFA Assaulting a UNP The victim has Provincial Council supporter been handed Minister of Agriculture over to the Anura Vidanagama Mahiyangana Police by the attackers for destroying a party office, and has been arrested. No complaint lodged therefore. Uva Provincial Council UPFA Destroying the cut No Police Minister of Agriculture outs of a JVP party complaint Anura Vidanagama office Uva Provincial Council UPFA Destroying the cut outs No Police Minister of Agriculture of a JVP party office complaint Anura Vidanagama and supporters

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Electorate Names of Perpetrators Party Incident Police Complaint Kamburupitiya Leader of the SLFP NDF Assaulting those who Kamburupitiya Mahajana Wing and were at a party office EIB 148/17 Member of Parliament Mr. and others Thangalle JVP Member of JVP Attacking a Nil Thangalla EIB Parliament Hambanthota Balakaya office 01/02 and others Kasun (son of former UPFA Assaulting the Beliatte – Beliatte Pradeshiya Sabha complainant and complaint Beliatte member Ranjith, a.k.a. firing shots in the air number not Chandimalli) given to CMEV as the number is not EIB Pradeshiya Sabha member UPFA Assaulting and Thangalle CIB D.V. Upul and 2 others threatening the 250/448 complainant Chairman of the UPFA Assaulting the Wanduramba Baddegama Wanduramba Pradeshiya complainant CIB 324/134 Sabha Anura Narangoda Supporters of the UPFA Assaulting the Meetiyagoda Ambalangoda Meetiyagoda Pradeshiya complainant CIB 133/75 Sabha member Sarath Liyanaarachchi Thotapola Pradeshiya UPFA Attacking a party Morawaka CIB Deniyaya Sabha member office 89/153 Amarasinghe and supporters

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Electorate Names of Perpetrators Party Incident Police Complaint Security Officials of UPFA Assaulting a JVP No Police Keggalle Sabaragamuwa Provincial supporter complaint Councilor Dr. Parakrama Athauda Supporter of Chief UPFA Assaulting an UNP Mawanella EIB Mawanella Minister of supporter 19/19 Sabaragamuwa , K.D. Jayathissa Rambukkana Provincial UPFA Attacking the NDF Rambukkana Rambukkana Councilor Galle main office MOIB200/74 Hamuduruwo and 5 others Chairman of the UPFA Assaulting and No Police Daraniyagala Deraniyagala Pradeshiya threatening UNP complaint Sabha Anil Dhammika supporter (a.k.a. Atha Kota) Supporters of Warakapola UPFA Attacking an NDF Warakapola Pradeshiya Sabha member party office EIB/48/34 Dadigama D.M. Sumanasiri Chairman of the UPFA Damaging a shop Warakapola Warakapola Pradeshiya EIB 30/15 Sabha Kithsiri Wijethunga and others Sabaragamuwa Provincial UPFA Attacking an NDF Avissawella – Ruwanwella Councilor Shrilal party office and complaint Wickramasinghe setting fire to cut outs number not give to CMEV Sbaragamuwa Provincial UPFA Attacking JVP party Kegalla Galigamuwa Councilor Imthiaz Carder office and setting fire EIB/73/22 and others to cut outs and decorations

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Electorate Names of Perpetrators Party Incident Police Complaint Driver of Sabaragamuwa UPFA Assaulting an NDF Godakawela Provincial Council supporter EIB 32/72 Rakwana Minister of Animal Production and Irrigation Ranjith de Soyza, Wasantha (Alibaby) and others Supporters of UPFA Assaulting UNP Kalawana CIB Sabaragamuwa Provincial supporters and 164/363 Kalawana Council Minister of Road damaging vehicles Development , Pulasthi, Sandakan and Saman Palmadulla Pradeshiya UPFA Attacking the home of Rathnapura Palmadulla Sabha member P.D. a UNP supporter EIB 21/29 Ariyarathne and others Minister of Irrigation UPFA Destroying UNP Embilipitiya Kolonna Jayathissa Ranaweera and decorations EIB 1/1 others Minister of Textile UPFA Assaulting the Balangoda EIB Development Mahinda complainant and one 90/27 Balangoda Rathnathilaka, Balangoda other Pradeshiya Sabha member Vijaya Kumara and others Brother of Minister of UPFA Assaulting and Mannar – Resettlement and injuring SLMC complaint Mannar Disaster Relief Services supporters number not Abdul Risath given to CMEV Bathiyutheen, Rifkan and supporter Rahuman

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Electorate Names of Perpetrators Party Incident Police Complaint Supporters of Minister of UPFA Assaulting and No Police Resettlement and injuring SLMC complaint Disaster Relief Services supporters Vavuniya Abdul Risath Bathiyutheen Supporters of Minister of UPFA Assaulting and Vavuniya EIB Resettlement and injuring SLMC 26/32 Disaster Relief Services supporters Abdul Risath Bathiyutheen Chairman of the UPFA Attacking a UNP Chilaw 223/9 Arachchikattuwa party office and Pradeshiya Sabha K. damaging cut outs Jagath Samantha Perera and furniture Security Officer of Deputy UPFA Setting fire to a shop Chilaw – Minister of Fisheries owned by a UNP complaint , Nalaka supporter number not Chilaw Samanthissa given to CMEV Security Officers of UPFA Assaulting and Madampe – Deputy Minister of injuring a JVP complaint Fisheries Neomal Perera supporter number not given to CMEV Chairman UPFA Assaulting and Chilaw EIB Arachchikattuwa grievously injuring a 51/39 Pradeshiya Sabha Jagath JVP supporter Samantha North Western Provincial Councilor

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Electorate Names of Perpetrators Party Incident Police Complaint Secretary of North UPFA Assaulting and a UNP Dankotuwa Western Provincial supporter at gunpoint EIB 1/2010 Wennappuwa Council Minister of Road Development Arundhika Fernando, Amal Fernando and driver Chinthaka Polgahawela Provincial UPFA Attacking a JVP party Polgahawela Councilor Livera office EIB 151 190 Jayasekera and others Chairman of UPFA Attacking a UNP Polgahawela Polgahawela Pradeshiya party office, EIB 89/29 Polgahawela Sabha Wagalath and threatening and others burning posters Pradeshiya Sabha JVP Grievously injuring a Polgahawela member Ariyawardena UPFA Organizer EIB 5/13 Thilakaratne Pradeshiya Sabha member Ajith Pradeshiya Sabha member Duminda North Western UPFA Assaulting and Giriulla MOR Dambadeniya Provincial Councilor injuring a UNP 485 Chairman of the supporter Alawwa Pradeshiya Sabha Member of Parliament UNP Attacking a UPFA Hettipola Dayasiri Jayasekera party office, 114/9 Panduwasnuwara damaging furniture and cut outs and threatening Member of Parliament UNP Assaulting a UPFA Hettipola MCR Dayasiri Jayasekera and supporter 2/9 others

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Electorate Names of Perpetrators Party Incident Police Complaint Secretary and Security UPFA Attacking a UNP Gokarella EIB Officer of Non Cabinet party office and 30130 Minister of Coconut destroying Hiriyala Development Salinda decorations Dissanayake, and 15 others Pradeshiya Sabha member UPFA Causing damage to Gokarella RIB Fahim and supporters the home of a JVP 146/87 supporter Wariyapola Supporters of Minister of UPFA Assaulting and Wariyapola – Rural Industries & murdering a UNP complaint Self-Employment supporter number not Promotion S.B. Navinna given to CMEV Mawathagama Pradeshiya Sabha member UPFA Destroying cut outs Mawathagama Upul Perera and 15 others and threatening NDF EIB 2/2 supporters Urban Councilor UPFA Destroying cut outs Kuliyapitiya Sudharshan Saman and decorations of a CIB 2 182/97 Kuliyapitiya Kumara UNP party office Supporters of North Western Chief Minister Athula Wijesinghe Puttalam Member of UPFA Misuse of State No Police Naththandiya Parliament Dayashritha Resources complaint Thissera Provincial Councilor UPFA Firing shots in the air, Pannala EIB Kamal Herath, his burning tyres and 50/415 Katugampala younger brother, his son, threatening and and supporters intimidating UNP supporters Provincial Councilor UPFA Threatening UNP Pannala CIB Kamal Herath, his supporter 53/46 younger brother and son Puttalam Pradeshiya Sabha member UNP Shooting and Mundalama – Anjana Sandaruwan murdering a UPFA complaint supporter number not given to CMEV

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Electorate Names of Perpetrators Party Incident Police Complaint Wayamba Provincial UPFA Assaulting and Mundalama Councilor Sanath injuring UNP CIB 1 148191 Nishantha and supporters supporters Coordinating Secretary of UPFA Destroying cut outs No Police Puttalam Deputy Minister of and threatening UNP complaint Fisheries Neomal Perera, supporters Jesmeen Member of Parliament Faiz Chairman UPFA Setting fire to JVP cut Mundalama Arachchikattuwa outs EIB ½ Pradeshiya Sabha Jagath Samantha and supporters Kurunegala Supporters of Minister of UPFA A bomb attack on the Kurunegala EIB Health Promotion & house of UNP Legal 220/180 Disease Secretary Kurunegala Prevention Jayarathna District Herath Kolonnawa Provincial Councilor UPFA Attack on UNP party Kolonnawa Duminda office EIB/23/26 Avissawella Urban Councilor Ajith UPFA Assaulting UNP Avissawella – Wijeyamuni Soyza supporters complaint number not given to CMEV Maharagama Chief Minister Western UPFA Attacking a UNP Kottawa MOIB Province Upali Kodikara party office and 227/106 damaging a vehicle Kesbewa Minister of Sports and UPFA Assaulting a UNP Piliyandala EIB Public Recreation Gamini Organizer 53/21 Lokuge Urban Councilor Pradeep JVP Assaulting UPFA Boralesgamuwa supporters MOIB 128/146 Miniwangoda Personal Secretary Chief UPFA Attacking UNP Minuwangoda Minister Western Province partially denuding a – complaint not Prasanna Ranathunga and female supporter accepted by the others Police

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Electorate Names of Perpetrators Party Incident Police Complaint Supporters of Provincial UPFA Destroying UNP cut No Police Councilor Chandana outs complaint Supporters of Pradeshiya UPFA Attacking a UNP No Police Ja Ela Sabha member Nimal party office complaint Aswennawatte Security Officer of UPFA Attacking a shop Ja Ela Chairman of Pradeshiya owned by a JVP CIB/350/206 Sabha Sherman, and supporter and Samurdhi Officer Nilantha damaging posters Pradeshiya Sabha member UPFA Damaging NDF No Police Nandasiri Silva posters complaint Kelaniya Supporters of Minister of UPFA Assault on NDF Kiribathgoda Labour supporters ERIB/19/09 Pradeshiya Sabha member UPFA Destroying JVP Kiribathgoda Sarathchandra Dias decorations and CIB/204/278 posters Gampaha Pradeshiya Sabha member UPFA Threatening and Ganemulla CIB H.A.S Perera intimidating the II/28/34 complainant Bandaragama Supporters of Chairman UPFA Attack on JVP rally Bandaragama Pradeshiya Sabha Nimal CIB II/146/316 Chandrarathna Bulathsinghala Pradeshiya Sabha member UPFA Attacking NDF party Bulathsinghala Amila Kudeligama and office EIB/1 supporters Pradeshiya Sabha member UPFA Threatening UNP Mathugama Amila Kudeligama supporter EIB/2 Pradeshiya Sabha member UPFA Attacking NDF party No Police Amila Kudeligama and office complaint supporters

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Electorate Names of Perpetrators Party Incident Police Complaint Mathugama Pradeshiya Sabha member UPFA Attacking and Welipenna Thilakasiri Kumara injuring JVP MOIB/67/99 supporters Chairman of the UPFA Attack on the home of Thambuththega Rajangana Pradeshiya a JVP supporter ma MCR 1/10 Sabha Saman Nilmina and supporters Secretary of Non Cabinet UPFA Attacking the home of Thambuththega Minister of Petroleum UNP Provincial ma – complaint Resources Duminda Councilor number not Dissanayake Ajith Mahindaranthne given to CMEV Kalawewa Kumara Deputy Chairman of UPFA Assaulting UNP Thambuththega Thalawa Pradeshiya supporter ma – complaint Sabha Abeyrathne and number not Coordinating Secretary of given to CMEV Non Cabinet Minister of Petroleum Resources Provincial Councilor UNP Attacking a UPFA Thambuththega Prasanna Mahindarathne party office ma EIB 52/67 and his son Pradeshiya Sabha member UPFA Attacking a home and Thambuththega Brabhath Vithana, and party office of UNP ma – complaint Shaman Pradeep supporter, bearing number not firearms given to CMEV Secretary of Non Cabinet UPFA Assaulting JVP Thambuththega Minister of Petroleum supporters and ma EIB 62/72 Resources Duminda attacking party office Dissanayake Ajith Kumara, and Shaman Pradeep

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Electorate Names of Perpetrators Party Incident Police Complaint Secretary of Non Cabinet UPFA Attacking a UNP Thambuththega Minister of Petroleum party office ma EIB 61/71 Resources Duminda Mihinthale Dissanayake Ajith Kumara and others Minister of Nation UPFA Assaulting an NDF Mihinthale – Building S.M. supporter with a T-56 complaint not Chandrasena, Deputy given to CMEV Mayor Somadasa and others Pradeshiya Sabha member UPFA Assaulting UNP Galenbindunuw Ranjjith (younger brother supporters eva EIB 89/5 of Minister of Nation Building S.M. Horowpothana Chandrasena) and others Chairman of the UPFA Threatening JVP Galenbindunuw Galenbindunuweva Pradeshiya Sabha eva CIB 53/11 Pradeshiya Sabha R.M. member and Rathnayake supporters Hingurakgoda Pradeshiya UPFA Assaulting a UNP Minneriya Sabha member Weerappu supporter EIB/1/11 and others Thamankaduwa UNP Attacking UPFA party Polonnaruwa Pradeshiya Sabha office and vehicles EIB 147/10 Opposition Leader Thissa Weerakkody, Bandula Keerthirathne Polonnaruwa Pradeshiya Sabha member UPFA Destroying UNP No Police Jayasinghe Bandara and decorations complaint others Thamankaduwa UPFA Destroying cut outs, Polonnaruwa – Pradeshiya Sabha member electricity lines and complaint Rathnasiri and K.P. metre of a UNP party number not Nimalsiri office given to CMEV Chairman of Dimbulagala UPFA Attacking a JVP party Aralaganwila Pradeshiya Sabha office EIB 196/36

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Electorate Names of Perpetrators Party Incident Police Complaint Pradeshiya Sabha member UPFA Assaulting a UNP Aralaganwila Mahinda Rathnayaka and supporter and EIB 183/46 others attacking a party office Deputy Chairman UPFA Destroying UNP Aralaganwila Dimbulagala Pradeshiya decorations and cut EIB 179/43 Sabha Pushpakumara outs Ranasinghe and others Dudley Sirisena (younger UPFA Attacking a JVP party Polonnaruwa brother of Minister of office EIB 61/12 Agricultural Development & Agrarian Services Development ) Polonnaruwa Chairman of UPFA Attacking a JVP party Aralaganwila Dehiaththakandiya office with T-56 EIB 152/9 Pradeshiya Sabha J.M.K. firearms Wijerathne and A.M. Ravindra Sisira Kumara Chairman of Dimbulagala UPFA Attacking JVP party Aralaganwila Pradeshiya Sabha Jagath office with T-56 EIB 154/10 Samarawickrama firearms Dudley Sirisena (younger UPFA Attacking NDF party Polonnaruwa brother of Minister of office and setting fire EIB 61/12 Agricultural Development to cut outs & Agrarian Services Development Maithripala Sirisena) and others Chairman of Dimbulagala UPFA Assaulting JVP Aralaganwila Pradeshiya Sabha Jagath supporter with T-56 EIB 152/9 Samarawickrama and iron rods

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Electorate Names of Perpetrators Party Incident Police Complaint Mathale Minister of Urban UPFA Assaulting the Initial entry Development Rohana complainants made at Kumara Dissasnayake Dambulla, subsequently transferred to Matale. Matale Police claimed transfer has not been received. Dambulla Provincial Councilor UPFA Assaulting UNP Galewela – Pramitha Bandara supporters complaint Tennakoon number not Vice Chairman of given to CMEV Dambulla Pradeshiya Sabha Jaliya Opatha Vice Chairman of UPFA Entering the home of Dambulla CIB Dambulla Pradeshiya JVP supporter and 1/34/305 Sabha Jaliya Opatha causing damage Udu Nuwara Pradeshiya Sabha member UPFA Attacking JVP party Daulugala – Jani Bandara office and making complaint not death threat given to CMEV Kundasale Pradeshiya Sabha member UPFA Attacking JVP party Manikhinna EIB A.K. Janaka Thushara office 99/85 Nawalapitiya Pradeshiya Sabha member UPFA Assaulting and Gampola – CIB Chandana Srilal injuring JVP 143/56 supporters Walapane Provincial Councilor S.B. UPFA Threatened UNP Walapane EIB Rathnayake supporter at gunpoint 34/36 and fired in the air Chairman Padiyathalawa UPFA Assaulting JVP Padiyathalawa Pradeshiya Sabha H.M.L. supporter CIB II 96/125 Ampara Sumith Senevirathne Vice Chairman UPFA Assaulting NDF Padiyathalawa Padiyathalawa Pradeshiya supporter and party EIB 4/2009 Sabha Iresh Madushan office

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Electorate Names of Perpetrators Party Incident Police Complaint Padiyathalawa Pradeshiya UPFA Attacking a JVP party Padiyathalawa Sabha member B.M. office EIB/3/2009 Ariyarathna Basnayake Chairman of the Uhana UPFA Attacking several No Police Ampara Pradeshiya Sabha Ranjith busses carrying NDF complaint Ekanayake supporters Vice Chairman of Urban UPFA Attacking an NDF Ampara – Council Saman Morayas party office complaint number not given to CMEV (obtained from party office EIB 54/39) Pottuvil Chairman Akkaraipattu NC Assaulting and No Police Pradeshiya Sabha A.L. seriously injuring 3 complaint Thavam Akber SLMC supporters

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Annex II

List of Police Stations with issues

CMEV has learned that according to administrative instructions issued by the IGP, Police Officials are expected to conduct speedy investigations regarding Election related complaints, and report facts to the relevant Magistrate Courts as early as possible. In addition, they are also expected to update the Divisional Operational Room on complaints received on a 6 hourly basis. Only complaints recorded in the Elections Information Book (EIB) are handled in this manner.

As such, if complaints are recorded in other books (MOIB, CIB etc), it gives rise to suspicions of Police bias and allegations of partiality towards, in most instances, the ruling party. Once such a perception takes hold opposition party supporters and members of the public do not report incidents of election violence to the Police in the belief that complaints will not be acted upon. Consequently, the trust and confidence in this pivotal institution for the maintenance of respect for the rule of law and law and order, is eroded. CMEV calls upon the Police to address this issue, which has a serious bearing on public trust and confidence in the Police Force during elections.

CMEV also notes that in this election campaign the Police has not extended the same cooperation to CMEV monitors in respect of the provision of information, as in previous elections. We trust that this is a situation that will be rectified on Polling Day as well as during post-election monitoring and look forward to a more cooperative relationship with the Police.

* The cumulative total of election related complaints that have been recorded as CIB is 38, which comprises 44.19% of the total 86 complaints reported to the below listed Police Stations. 4 complaints have also been refused by the Police. Details are as below:

Police Police Station Officer In Comments Division Charge Elpitiya Gunadasa Of 2 election related complaints, 2 have been recorded as CIB Elpitiya Of 2 complaints where suspects are named, suspects have not been arrested regarding 2 complaints Pitigala IP Deepal Of 1 election related complaint, 1 has been recorded as CIB Of 1 complaint where suspects are named, suspects have not been arrested regarding 1 complaint

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Police Police Station Officer In Comments Division Charge Deniyaya H.M. Bandula Of 4 election related complaints, 1 has Priyantha been recorded as CIB The UNP party office alleges that the Police is biased Morawaka Prabhath Of 5 election related complaints, 1 has Deshabandu been recorded as CIB Of 2 election related complaints, the Matara Police refused to record 2 complaints Complainant UNP supporter H.M. Majula claims he tried to lodge a complaint against an assault by UPFA supporter Walankade Sumith Nande and was asked by the OIC to come after the 26th. Pitabaddara Arjuna Of 1 election related complaint, the Wijeyawarden Police refused to record 1 complaint a Hakmana Kamal The UNP alleges that the Police is biased Gandara Jagath Of 1 election related complaint, 1 has Wijegunarath been recorded as CIB ne Thihagoda Sidath Of 1 election related complaint, the Marasinghe Police refused to record 1 complaint Hungama S.T.M. JVP and UNP party offices allege that Thushara the Police is biased Tangalle Of 1 complaint where suspects are named, suspects have not been arrested regarding 1 complaint Weeraketiya Priyal Of 4 election related complaints, 1 has Sooriyarachchi been recorded as CIB Hambantota Ratnaweera Of 2 election related complaints, 2 Adassooriya have been recorded as CIB Beliatta Krishantha Of 11 election related complaints, 3 Jayawardena have been recorded as CIB Kuliyapitiya Hettipola IP Bandara Of 3 election related complaints, 2 have been recorded as CIB Puttalam Kalpitiya Lakshman Of 3 election related complaints, 1 has Ranwela been recorded as CIB Wennappuwa Koswatte S.B.R. Of 1 election related complaint, 1 has Priyantha been recorded as CIB

2 Political parties allege that the Police is biased

Police Police Station Officer In Comments Division Charge Gampola CI Jaliya Of 4 election related complaints, 2 Heenkenda have been recorded as CIB Kandy Of 1 complaint where suspects are named, suspects have not been arrested regarding 1 complaint. However the victim has been arrested in this case. Political parties allege that the Police is biased Nawalapitiya Gamage Of 6 election related complaints, 2 have been recorded as CIB Rattota SI U.K. OIC Jayaweera was removed as a Nihal result of an inquiry into allegations of Jayaweera Election Offences during the Postal Vote period as confirmed by ASP Lal Senevirathne. However, he has Matale returned to his post as OIC as of the 23rd of January, also as confirmed by ASP Senevirathne. When asked why the OIC was reinstated, ASP Senevirathne refused to provide CMEV with any information. CMEV has at present received allegations from UNP Provincial Councilor Sanjeewa Kavirathne that the OIC is currently making preparations to engage in election malpractices on the 26th of January Banners and cut outs of the incumbent President are displayed inside the Police premises The UNP alleges that the Police is biased Kalawewa Thambuththegama IP Thalwatte Of 9 election related complaints, 3 have been recorded as CIB Political parties allege that the Police is biased Police Officers of the same station allege that the OIC is biased towards

3 the UPFA Horowpothana Horowpothana IP Mahanama Of 8 election related complaints, 3 have been recorded as CIB Minneriya Minneriya Sagara Of 4 election related complaints, 3 has Sarathchandr been recorded as CIB a Kekirawa Galkiriyagama Dayawanse Of 6 election related complaints, 2 have been recorded as CIB Anuradhapura Galnewa A.A.K.S. 2 Complainants (UNP) state that they did Adhikari not lodge complaints as the Police are biased and take no action

Police Police Station Officer In Comments Division Charge Rathnapura Godakawela Lasantha Of 5 election related complaints, 4 have Dadellage been recorded as CIB Ratnapura Pussella Of 3 complaints where suspects are named, suspects have not been arrested regarding 1 complaint Avissawella Yatiyantota Nilantha de Of 4 election related complaints, 1 has Silva been recorded as CIB Badulla Lunugala Haniyangama Of 1 election related complaint, 1 has been recorded as CIB Bandarawela Uva Paranagama Dhammika Of 2 election related complaints, 1 has Wijesinghe been recorded as CIB Akkaraipattu M.G.R. The UNP alleges that the Police is biased Pottuvil Mohommed and that it is pointless lodging complaints as they often claim the incidents are personal Does not remove cut outs and banners in the area as confirmed by the CMEV monitor Dehiattakandiya W.M.S.B. Does not remove cut outs and banners in Wickramasin the area as confirmed by the CMEV ghe monitor Uhana IP D. The OIC has on several occasions told Ampara Prasanna CMEV monitors that complaints are Kumara made by political parties merely to increase their complaint numbers, which brings into doubt the conviction with which investigations into complaints are handled by the Uhana Police. However, the UNP says that their complaints have never been rejected. 3 NDF busses attacked in close proximity to the Uhana Police, but no action was taken to resolve the situation, nor were any arrests made 4

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