Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province

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    All rights reserved

    (c)Centre for Monitoring Election Violence (CMEV)

    Material from this publication may be used with acknowledgement given to

    the CMEV

    For further information please Contact:

    Centre for Policy Alternatives

    24/2, 28th Lane,

    Off Flower Road,

    Colombo 07

    Sri Lanka

    Tel: +94 11 2565304-6,

    Fax: +94 11 471460

    E-mail:[email protected]

    Web:www.cpalanka.org

    www.cmev.wordpress.com

    October 2013

    mailto:[email protected]:[email protected]:[email protected]://www.cpalanka.org/http://www.cpalanka.org/http://www.cpalanka.org/mailto:[email protected]
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    Contents Page No

    Executive Summary 04 - 06

    Pre Election Monitoring

    Press release (field visit report) 08 - 16

    2nd Press release 16 - 17

    3rd Press release 18

    4th Press release 19

    5th Press release 20

    6th Press release 21

    Mullaitivu District Pre-Poll Report(Situation Report) 22 - 25

    Joint Statement issued by Main Elections Observation Missions in Sri Lanka 26

    7th Press release 27 - 29

    Pre- Election Tabulation Figures 30 - 33

    Pre-Election Charts according to Tabulation Figures 34 - 37

    Photographs of CMEV taken during NPC Election campaign 38 - 41

    http://cmev.wordpress.com/2013/09/20/northern-provincial-council-election-2013-mullaitivu-district-situation-report/http://cmev.wordpress.com/2013/09/20/northern-provincial-council-election-2013-mullaitivu-district-situation-report/http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/http://cmev.wordpress.com/2013/09/20/northern-provincial-council-election-2013-mullaitivu-district-situation-report/
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    Election Day Monitoring

    1stPress release 43 - 45

    2nd press release 46 - 48

    Election Day incidents Summary by Polling Division 49 - 65

    Election Day Violence Tabulation Figures 66 69

    Election Day Violence Charts according to Tabulation Figures 70 - 72

    A comparison of voter turnout of recent three elections 73

    Profile of Voter Turnout of Recent Elections 74

    Media coverage of CMEV 75 - 77

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    Executive Summary

    ________________________________________________________________________________________________________

    Introduction: Context

    The Northern Provincial Council election, the first provincial election in

    the province for 25 years was held on the 21st

    of September 2013. The

    Tamil National Alliance (TNA) won a resounding victory, securing 30 out

    of the 38 seats in the Council a four -fifths majority. The United Peoples

    Freedom Alliance (UPFA) won 07 seats and the Sri Lanka Muslim Congress

    (SLMC) won 01. Voter turnout was recorded at 67.52% with 7.5% of the

    ballots cast being rejected.

    Given its potential for a full- fledged return to civilian administration inthe Northern Province and accordingly, its significant bearing on

    democracy, reconciliation and unity in post-war Sri Lanka four years after

    the military defeat of the LTTE, the election was welcomed nationally and

    internationally. First referred to by the president in an interview with

    the Hindu newspaper in July 2012, in which he said that the election

    would be held by September 2013, the holding of the election by that

    date was by no means assured. Groups within the ruling UPFA

    government such as the Jathika Hela Urumaya (JHU) and the National

    Freedom Front (NFF) were at the forefront of attempts, eventually,

    unsuccessful, to suspend the holding of the election as well as to removethe land and police powers granted to provincial councils under the

    constitution.

    The holding of the election, which was also welcomed in the March 2013

    resolution on Sri Lanka in the UN Human Rights Council (UNHCR), is

    widely believed to be attributable to international pressure from India in

    particular and a pledge made to the government of Japan that the

    election would be held by September 2013. Indian involvement to this

    effect was acknowledged by the newly elected TNA Chief Minister, C.V.

    Wigneshwaran following a meeting with Indian Foreign Minister Salman

    Kurshid in Colombo, soon after he was elected. It is believed that Indian

    support for the holding of the November 2013 Commonwealth Heads of

    Government Meeting (CHOGM) in Colombo, was employed as a key

    source of leverage in this respect.

    Monitoring

    CMEV commenced its monitoring of the election on 1st

    September 2013

    through the deployment of field monitors in each of the provinces

    polling divisions. Field monitors were trained and asked to swear a

    pledge of independence and impartiality before being deployed to the

    field. Once deployed, they were supported by staff based at the

    headquarters of CMEV in Colombo. The latter further corroborated

    incidents reported from the field before releasing communiqus to the

    media.

    On election day CMEV had, in addition to its field monitors a total of 283

    monitors of which 27 were in 12 mobile teams and 240 were stationed in

    polling centres throughout the period of polling. CMEV is one of two

    national election monitoring organizations permitted by the Elections

    Commissioner to station observers in polling centres throughout the

    period of polling.

    CMEV recorded 27 Major Incidents of election-related violence during the

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    campaign and 57 Minor Incidents. In most cases (20), the alleged

    perpetrator identified by party affiliation was the UPFA.

    On Election Day, CMEV covered 616 polling stations or 71.68% out of a

    total of 851 polling stations 830 in the north and 21 for internally

    displaced persons (IDPs) in Puttalam. Of the 34 Major Incidents recorded

    on Polling Day, the UPFA was identified as the alleged perpetrator in 13

    incidents. In the majority of such incidents- 18- the party affiliation of the

    perpetrators was not identified.

    Observations

    As elaborated in the attached situation and incidents reports,

    militarization was and continues to be the major impediment to the

    enjoyment of civil, political and socio-economic rights in the province.

    The exercise of the franchise is no exception to this. CMEV as well as

    other monitors recorded a number of complaints of threat and

    intimidation allegedly by members of the security forces including the

    Civil Defence Force, Their involvement in the campaigns of ruling party

    candidates four in particular were mentioned in this regard- and even

    intimidating presence on election day.

    Militarization was underscored in the remarks made by the UN High

    Commissioner for Human Rights at the end of her visit to Sri Lanka just

    under a month before the election 25-31 August 2013- and as required

    by the March 2013 resolution on Sri Lanka in the Council, in her oral

    remarks to the Council just after the election. The High Commissioner

    expressed her grave concern that civilians who had met with her had

    been questioned by the military before and after their meeting with her.

    The extent of militarization in the daily lives of the civilian population and

    the political objectives it serves, attests to its embedding and

    institutionalization in the context in which the election campaign and

    polling was held. In this respect militarization clearly undermined the

    integrity of the electoral process, with the overall voter turnout figure

    and result representing a popular backlash in defiance against it.

    De- militarization of the north has been called for in the Final Report of

    the Lessons Learnt and Reconciliation Commission (LLRC). CMEV

    unequivocally endorses this recommendation and calls upon the

    government to implement it as a key element of the post-war

    reconciliation process and an unquestionably necessary one in a post

    conflict situation defined in terms of the sources of conflict being neither

    sustained, nor re-produced.

    Another egregious violation of the law and challenge to the integrity ofthe electoral process was the flagrant abuse of state resources by the

    ruling party throughout the campaign and on polling day. This is by no

    means peculiar to the Northern Province and has plagued elections of

    every type throughout Sri Lanka with the exception of elections

    conducted after the Seventeenth Amendment to the Constitution was

    promulgated in 2001 and the independent oversight commissions for the

    police and public service it provided for, established.

    The jettisoning of the Seventeenth Amendment and its replacement by

    the Eighteenth Amendment provides an enabling environment for thisabuse, which in turn saps at public confidence and trust in the electoral

    process, the basic mechanism of choice and change in a functioning

    democracy. The Eighteenth Amendment effectively gives the president

    free rein over key agencies of the state responsible for governance

    including the police and public service as well as removes terms limits on

    the office of the president. Constituent organizations of CMEV such as the

    Centre for Policy Alternatives (CPA) took the lead on behalf of civil society

    in defending the Seventeenth Amendment and in opposing the

    Eighteenth. Electoral violence and malpractice was a catalyst for the

    Seventeenth Amendment and we call upon the government to reinstitute

    the Seventeenth Amendment, the independent oversight commissions

    which serve as checks and balances on the exercise of executive power

    and authority in particular. We note that this is underscored in the LLRC

    report as well.

    Concern, which CMEV also shares, was raised during the campaign period

    over the involvement of the Governor of the Province in the election

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    campaign of the UPFA. This compounded the controversy over the role

    and powers of the Governor and the impact of this on meaningful

    devolution in practice in the wider context of devolution in the Northern

    Province. It raises serious issues with regard to the conduct of state

    officials in elections, especially of key officials who have to work with

    elected representatives from a variety of political parties and most

    importantly in a situation in which the relationship with elected officials is

    of fundamental importance to the workings of the constitutionally

    ordained scheme of devolution. CMEV hopes that state officials will at all

    times demonstrate in word and deed a commitment to uphold the

    constitution of the country with independence and impartiality and

    without fear or favour. Moreover, their failure to do so must result in

    disciplinary measures and when warranted, after due process, removal

    from office.

    CMEV is also concerned about restrictions placed on the media, the

    blocking of certain websites and the publication of misinformation.

    CMEV notes that before the election was announced and the campaign

    commenced, the distribution centre of the regional newspaper Uthayan

    was destroyed in Killinochchi and later in Jaffna, its printing press. The

    free flow of information and exchange of ideas is integral to the process

    of choice and change an election constitutes in a functioning democracy

    and must be upheld. Once again this underscores the importance of the

    Seventeenth Amendment and the empowered Election Commission it

    allows for in protecting and strengthening the fundamental rights of the

    electorate.

    CMEV recognizes the work done by the Department of Elections and

    other monitoring organizations on voter education and the system of

    voting. We note however that the 7.5% figure for rejected ballots is high

    and urge that in future elections a concerted effort is made by the

    authorities as well as political parties to address this well in advance of

    the commencement of the election campaign.

    CMEV welcomes the decision of the Election Commissioner to mix ballot

    boxes from different administrative divisions at the counting stage so as

    to make attempts at the identification and tracking of ballot papers and

    location even more difficult. We note with extreme regret, however, that

    monitors were once again not allowed into the count. This is a major

    impediment to comprehensive civil society monitoring of the electoral

    process. We call upon the Commissioner and politicians to recognize the

    importance of local monitors and accordingly, accord them recognition in

    election laws with clear and comprehensive elaboration of their role and

    functions in light with international standards.

    Acknowledgements

    CMEV wishes to acknowledge the work of the Commissioner of Elections,

    his officials in Colombo and throughout the Northern Province, as well as

    the Police in the holding of the Northern Provincial Council Election.

    Furthermore, the cooperation and assistance extended to CMEV greatly

    assisted us in our work.

    CMEV also acknowledges the financial support of the National

    Democratic Institute (NDI) which made its monitoring of this historic

    election possible.

    Finally, we salute the voters of the Northern Province for braving threat

    and intimidation in large numbers and overcoming a host of other

    challenges to exercise their franchise. This ensured that though the

    integrity of the electoral process was undermined, the final result

    reflected the overall wishes of the electorate.

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    Pre- Election Monitoring

    ______________________________________________________________________________________________

    Northern Provincial Council Election - 2013

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    No: 24/2, 28th

    Lane, Off Flower Road, Colombo 07

    Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460

    E-mail:[email protected] Website: www.cpalanka.org

    Northern Provincial Council Election 2013

    Communiqu No 1

    13th

    September 2013

    The Centre for Monitoring Election Violence (CMEV) officially

    commenced the deployment of field monitors in the five districts of

    the Northern Province on 1st

    September 2013. Prior to this, the

    CMEV secretariat in Colombo monitored incidents of election

    violence through media reports and volunteers on the ground and

    from 2nd

    to 4th

    September 2013, CMEV conducted a field visit to the

    districts of Killinochchi, Mullaitivu and Jaffna. The field visit focused

    on peoples attitudes towards elections in general and the

    obstacles, if any, to ensuring a free and fair election in the unique

    socio-political circumstances prevalent in these districts.

    This report is based on interviews conducted with Community

    Based Organizations (CBOs), Social Workers, Youth Groups and

    religious leaders during the course of the field visit and is supported

    by desk research. In order to ensure their safety, the names of

    those who were interviewed have been withheld. The Report also

    includes incidents reported by CMEV field monitors and complaints

    made directly to the CMEV secretariat in Colombo.

    Background

    There is the lower incidence of election related violence in the

    Northern Province as compared to the other two provinces in

    which elections are being held on the 21st

    of September 2013. This

    is probably attributable to there being only one major rally in the

    province as of 4th

    September and election campaigns are yet to

    intensify.

    The most common sentiment expressed by community groups was

    that they did not see elections as having a significant long -term

    impact on their quality of life. Whist some said that it was

    important to participate in the electoral process, other

    interviewees from villages such as Ellukadu and Muhumali in

    Killinochchi district stated that villagers are pre occupied with day

    to day activities - they struggle to meet basic needs and are least

    interested in voting. This sentiment was echoed in several parts of

    the Mullaitivu district.

    Key areas of Concern

    Although the level of enthusiasm for elections, specific concerns

    and the experience of individuals varied from one district to the

    other and even between urban and rural areas in the same district,

    there were several recurring themes which were common across all

    districts and which have been highlighted below.

    A. Military Involvement in the Electoral process

    Although senior military and government officials maintain that the

    number of troops in the Northern Province has been reduced,

    CMEV monitors observed that the military was a constant presence

    in daily activities within the Province. CMEV observed especially

    large numbers of military personnel in the Mullaitivu district as

    http://www.cpalanka.org/northern-provincial-council-elections-september-2013/http://www.cpalanka.org/northern-provincial-council-elections-september-2013/http://www.cpalanka.org/northern-provincial-council-elections-september-2013/http://www.cpalanka.org/northern-provincial-council-elections-september-2013/http://www.cpalanka.org/northern-provincial-council-elections-september-2013/
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    compared to Jaffna and Killinochchi Districts.

    Multiple forms of military involvement in the daily activities of

    civilians, which have a direct impact on the electoral process, are

    detailed below.

    1. Role of Civil Security Department in the Northern ProvinceThe National Home Guard Service was established as a

    Voluntary Service in the mid 1980's to protect the border/

    threatened villages was re-structured to establish the Civil

    Security Department by Gazette notification No. 1462/20

    dated 13th September 2006. The current role of theCivil

    Security Department(CSD) is as follows:

    Agriculture Projects Manufacturing of Bricks Poultry Farms Assisting the Department of Archaeology in restoring

    archaeological sites

    Development of Roads and Towns Conducting of Primary Schools/ Pre Schools. Providing Security to Government Institutions (such as

    Courts, Banks, Wild Life Conservation etc.)

    Functioning of Garment Factories and the BlacksmithsWorkshop.

    Training of Private Security Personnel. Special Tasks given by the Ministry of Defense.CBOs and civil society activists in Killinochchi stated that job

    opportunities have been provided in CDS run farms and for

    preschool teachers who are paid by the CDS to teach in pre

    schools in the district. Several individuals alleged that

    recruitment of farmers and preschool teachers are overseen

    by two well know UPFA candidates in the Killinochchi

    district.

    In addition to the concern regarding the increased

    involvement of military- quasi military state functionaries in

    civilian administration, CMEV representatives were also

    made to understand that there are serious concerns that

    the military involvement also has a party-political dimension

    to it. A consistent complaint heard across the Killinochchi

    district was that job opportunities are provided on the basis

    of party political affiliation rather than merit and that on

    many occasions candidates who had the required

    qualification have been rejected and candidates with lesser

    qualifications and experience have been recruited as they

    enjoyed political patronage.

    When CMEV questioned the interviewees as to why

    individuals were applying for jobs with these military units

    whilst simultaneously raising concerns about the

    militarization in the Northern Province, the most common

    response was that many of these appointments came with

    attractive salaries- it is reported that the pre-school

    teachers were paid Rs. 18, 000 a month. In a context where

    many individuals- especially in the Mullaitivu and

    Killinochchi districts- are struggling to find livelihood

    opportunities to sustain their families, interviewees stated

    that it was hard to ignore such employment opportunities.

    2. Army SurveillanceAnother common concern of people in all three districts was

    of being monitored by Military Intelligence. Movements of

    visitors and local gatherings are closely monitored. A social

    worker in the Mullaitivu district reported that military

    http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60
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    persons in civil attire attend even parent - teacher

    meetings.

    A social worker in Killinochchi reported that village

    functions and meetings are closely monitored by military

    groups. Even if intelligence officials do not participate in a

    meeting, villagers are subsequently questioned regarding

    the meetings they attend and especially about discussions

    they have with outsiders or visitors. In Jaffna an individual

    informed CMEV that the surveillance was so sophisticated

    that intelligence officials obtained a copy of a drama staged

    by a Youth Group from the person hired to video the event

    and subsequently questioned several members of the Youth

    Group on the contents of the drama.

    This degree of surveillance has created an atmosphere offer

    and intimidation among people in the North Province.

    Coupled with allegations that the military is supporting

    UPFA candidates, this stifles political space and the room for

    political discussion. People residing in the Northern

    Province do not enjoy the freedom to express their views

    and thoughts due to the pressure of being monitored and

    harassed. Therefore the available political space in the

    province, post-war, is at best limited.

    3. The Role of Civil Security Committees (CSC)The Civil Security Committee (CSC) stems from a body,

    which was originally created at the Grama Niladhari Division

    level to operate as a social welfare organization. Initially

    when these committees were formed they comprised of

    civilians, however, subsequently the Police and the military

    too volunteered to take part in the process. Several

    individuals alleged that CSCs are used to gather

    intelligence.

    CMEV interviewed a member of a CSC in the Killinochchi

    district who said "there is no work done in terms of

    providing services, but what's really going on is that, they

    (military) just want to gather information from us". Persons

    who are invited to join the CSC are mostly those who are

    active in social work. Therefore, focusing on them and on

    their work is key to intelligence and information gathering

    in the community. The member of the CSC further affirmed

    that, most often than not, if they met with anyone deemed

    suspicious by the military, the military would wait to find

    out the nature of the meeting and the information

    exchanged.

    4. Direct Involvement of Military Personnel in Campaigning.An eye- witness in the Navanthurai area reported that themilitary was engaged in the election campaign of UPFA

    candidate M. Remedius. The individual alleged that he saw

    military personnel putting up posters of Mr. Remedius in

    the early hours of the 25th

    of August 2013. A villager from

    Navanthurai reported that at a function conducted by the

    military on the 26th

    of August 2013 to distribute temporary

    shelter equipment to villagers, Mr Remedius was engaged in

    election campaigning and that large hoardings of the

    candidate were visible in the background during thefunction.

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    B. Issues Relating to the Electoral List

    The 2012 electoral list will be used for the forthcoming NPC

    election. The Northern Province consists of two Electoral

    Districts. The Jaffna Electoral district includes both the Jaffna and

    Killinochchi administrative districts whilst the Vanni Electoral

    district is comprised of the Mannar, Mullaitivu and Vavuniya

    administrative districts.

    The Centre for Policy Alternatives in afield reportpublished in May

    2013 highlighted the need to ensure the rights of the displaced at

    the time of the annual revision of the electoral register.

    In June 2013, the government took steps to enact theRegistration

    of Electors (Special Provisions) Act No.27 of 2013 with a view to

    restoring the right to franchise of persons who were living in

    displacement when the revision of the 2012 electoral registercommenced, by registering such persons in a Supplementary

    Electoral List. However the number of persons who have actually

    been included in the supplementary electoral list is relatively low.

    Jaffna Electoral District Vanni Electoral District

    Jaffna

    District

    Killinochchi

    District

    Mullaitivu

    District

    Vavuniya

    District

    Mannar

    District

    No. Of

    registered

    voters as per

    the 2012

    electoral list.

    426,703 68,589 52,409 94,367 72,420

    No. of

    registered

    voters in the

    supplementary

    electoral list.

    110 11 1,274 277 3,317

    Total No. of

    persons eligible

    to vote at NPC

    election.

    426,813 68,600 53,683 94,644 75,737

    (Sources: The Department of Elections Sri Lanka)

    This has resulted in a large number of persons who resettled during

    the past two years being deprived of their right to vote. In the

    Pudukuduirippu East Grama Niladhari Division Mullaitivu district-

    where approximately 300 families reside, only 150 persons have

    been registered to vote as per the 2012 electoral list and only a

    further 47 persons were registered on the supplementary electoral

    list.

    Many individuals who are unable to vote in the upcoming NPC

    election stated that they were either unaware of the process to

    register formally displaced persons in the supplementary electoral

    list or that they had been informed that only those whose names

    appeared on the 2011 electoral list but were removed from the

    2012 electoral list, could apply to be re-registered.

    C. Lack of Awareness amongst voters

    This was another common theme that was repeated by various

    actors especially in the Vanni. As this is the first time in 25 years a

    Provincial Council election is taking place in the Northern Province,

    even in areas with highly literate populations who have

    participated in several elections, there is confusion as to how to use

    http://www.scribd.com/doc/139678633/Field-Report-Jaffna-and-Killinochchi-Districthttp://www.scribd.com/doc/139678633/Field-Report-Jaffna-and-Killinochchi-Districthttp://www.scribd.com/doc/139678633/Field-Report-Jaffna-and-Killinochchi-Districthttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://www.scribd.com/doc/139678633/Field-Report-Jaffna-and-Killinochchi-District
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    Page 13

    preference votes.

    CBOs in Killinochchi stated that in remote villages such as

    Thirunagar, Barathipuram and Selvanagar, communities have been

    informed by certain UPFA candidates and Samurdhi officers that

    their ballots could be traced, including party preference, with the

    use of information technology. Implicit in this statement is the

    threat that individuals who obtain state welfare will not be

    provided with such facilities in the future if they do not vote for the

    UPFA. This threat is even more serious when considering that many

    of these individuals do not have access to livelihood opportunities

    and are completely dependent on state welfare.

    It was further alleged that especially in the Killinochchi district that

    individuals directly working under CSD (farmers, preschool

    teachers) have been informed by CSD officers that they are only

    eligible for postal votes and that they should hand over their voting

    card to CSD officers once they receive them. They were further

    informed that in any event their vote had been taken care of.

    D. Abuse of Government Property/ Resources.

    The Samurdhi Authority comes directly under the purview of the

    Ministry of Economic Development. Since its inception there have

    been allegations of use of Samurdhi officers for election

    propaganda activities by the government. A similar pattern was

    observed in the Northern Province where there were constant

    complaints that Samurdhi officers were engaged in door to door

    propaganda activities for the UPFA and were also used as tools to

    recruit people to attend election meetings organized by UPFA

    candidates. (See also above Military Involvement in the Electoral

    process and below Election Related Violence)

    Serious concern was also raised about the activities of the

    Governor of the Northern Province. Because the NPC does not have

    an elected Board of Ministers the provincial administrative service

    is completely under the control of the Governor. Allegations of

    misuse of government property by the Governor include; Use of

    the Northern Governor's official residence for meetings of the

    UPFA candidates, addressing election meetings in support of the

    UPFA candidates and use of government servants in the Northern

    Province to campaign for the UPFA.

    CMEV notes with concern that the Governors misuse of his official

    position has been characterized as a legitimate exercise of his

    functions and have in fact been given wide publicity by state media

    outlets. CMEV would like to place on record that it is a well-

    established principle of Sri Lankan law that public officials (elected

    or unelected) hold the power/ resources allocated to them in trust

    for the general public of Sri Lanka and not for their own personal

    benefit. Using such public power for the benefit of one political

    party or group of individuals is a violation of this public trust.

    E. Election Related Violence

    The number of serious incident of violence in the Northern

    Province has been relatively lower than those reported from the

    Central Province and the North Western Province. However several

    important trends need to be highlighted;

    Firstly unlike the Central and North Western Provinces the

    Northern Province has a heavy military presence (discussed above).

    The fact that these incidents -such as particular candidates

    brandishing fire arms publicly and with relative impunity- occur

    despite the heavy military presence is cause for serious concern.

    Several civil society members interviewed in Jaffna pointed out that

    such incidents are cause for fear and resignation amongst the

    general public that the perpetrators of violence are above the law

    http://news.lk/news/sri-lanka/6642-only-president-can-reduce-army-presencehttp://news.lk/news/sri-lanka/6642-only-president-can-reduce-army-presencehttp://news.lk/news/sri-lanka/6642-only-president-can-reduce-army-presence
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    because they are tacitly supported by the military. This fear on the

    part of the general public (and even members of political parties)

    dissuades them from logging complaints directly with the Police

    which in turn leads to a low level of official incidents being

    reported.

    Secondly the number of serious incidents reported to election

    monitors has increased in the first and second week of September.

    This gives rise to the fear that as the date of the election draws

    closer and the campaign is more vigorously contested there is a

    greater possibility of it turning more violent.

    Thirdly there have been several reports alleging that Police officers

    have not recorded the complaint made by victims of attacks in any

    of the information books (i.e. C.I.Bs or E.I.Bs) but have instead

    used a separate exercise book. There is also a lack of awareness

    amongst the general public and even amongst candidates that

    Police officers have to record complaints of incidents in an

    information book and that the complainant is entitled to a

    reference number.

    Some of the more serious incidents reported thus far are detailed

    below;

    1. On 14th August 2013 at 9.00 p.m:Northern Province,JaffnaElectoral District, Kayts Electorate, at Ottreipanayadi, 40

    Houses Scheme,Delft. As reported by Mr. Karthigesu

    Nadarasa Kanagaratnam (TNA Candidate), 3 persons named

    Mr. Ranasinghe Ariyasena, Mr. Simon Jesudasan and Mr.

    Jesudasan Anthony were assaulted, allegedly by EPDP

    supporters Rajip, Sudhan , Mohandas, Edward Raja, Ranjan,

    and a CTB driver Appan. The latter allegedly fled after the

    assault by van (bearing registration No. NP 253-5112). Mr.

    Ranasinha Ariyadasa who was hurt in this incident was

    admitted to the Delft hospital on the 17th

    August. He said he

    was hospitalized for 4 days and discharged on 21st

    August at

    which point he lodged a complaint with the Delft Police

    Station. However according to Ariyadasa the Police took

    down this complaint only in Sinhala and requested that he

    sign this complaint. When the CMEV contacted Sergeant

    Mr. Basnayake of the Delft Police he denied having received

    such a complaint. Mr. Daniel Rexian (Rajip) who is Chairmanof the Delft Pradeshiya Sabha and allegedly a member of

    the group of attackers, when contacted for comment

    denied any involvement in this incident. Ms. P. Juliet, a

    worker of the hospital, when contacted stated that while

    the above mentioned person had indeed been admitted to

    hospital he had given a different reason for his injuries (a

    fall from a roof). She confirmed that the Police had also

    arrived and taken notes.

    2. On the 20th August 2013Northern Province, Jaffna District,Jaffna Minsaranilayaveethy (Power Station road).Father of

    UPFA NPC candidate, Mr. Angajan Ramanathan attacked the

    vehicle of the TNA candidate Mr.S.Thambiraasa, while he

    was travelling in Minsaranilayaveethy (power station road)

    in Jaffna. The former also attempted to take photographs of

    Mr. Thambiraasas vehicle and shop in Jaffna town.

    Supporters of Mr. Angajan led by his father allegedly

    attacked the vehicle of the TNA candidate with clubs.

    Further Mr. Thambiraasa and his family alleged that they

    received death threats from Mr. Angajan Ramanathans

    father stating that he wanted the TNA candidate Mr. S.

    Thambiraasa to withdraw from contesting in the election.

    Even though a complaint was lodged in the Jaffna police

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    station, the police failed to take the suspect into custody.

    The suspect denied the allegations. It is reported that the

    police together with the support of an army intelligence unit

    provided security to the suspect.Mr. S.Thambirassa had

    video evidence of the incident, which is available at

    http://www.newjaffna.com/fullview.php?id=MjU2NjQ)

    3. On 27th August 2013Northern Province, Jaffna District,Chavakachcheri. A clash broke out between Jaffna District

    Chief organizer of SLFP and UPFA candidate, Mr. Angajan

    Ramanathans supporters led by his father and UPFA

    candidate Mr. A. Sarvananthans supporters at

    Chavakachcheri. According to Mr. A. Sarvananthans

    supporters, a group of Mr. AngajanRamanathan supporters

    entered their office and attacked them.29 year old Mr.

    KanagalingamNanthakumar from Kachchai Palavi North,

    received severe injuries from the clash and was admitted to

    Chavakatchcheri base hospital along with Mr.

    VishwarajaVishwaruban and a few others who received

    minor injuries. After the incident a large amount of military

    personnel were deployed in the area and conducted further

    inquiries into this shooting incident.

    The Jaffna police on the 28th

    of August 2013 arrested Mr.

    Ramanadhan, father of Jaffna Chief organizer of the Sri

    Lanka Freedom Party (SLFP) and UPFA candidate, over theshooting which had taken place on the earlier date. He was

    produced before Chavakachcheri courts on the 29th

    August

    2013 after which he was committed to 14 days detention.

    Further the Chavakachcheri Magistrate ordered the police

    to investigate the attack on Mr Angajans security guards.

    Later Mr. Ramanathan was admitted to Jaffna hospital as he

    complained of a chest pain. Further inquiries into this case

    will be taken up on the 13th

    of September 2013.

    4. On 05th September 2013at 10.10p.m: NorthernProvince,Vanni Electoral district. As reported by the CMEV

    Monitor the premises of a government office (the NationalYouth Services Council in Mannar) has been allocated for an

    election campaign meeting of the UPFA candidate Mr.

    Abbas Abdul Rifkan Bathiudeen following the request of

    Minister Rishad Bathiudeen. Several Government Officers

    attended this meeting.

    5. On 07th September 2013, Northern Province, JaffnaDistrict. Valampuri (a Tamil language provincial

    newspaper) in circulation within the Northern Province haspublished an advertisement stating that 5,000 insurance

    policies will be distributed amongst the fishing community

    in the Jaffna peninsula.

    According to these advertisements, the insurance cover is

    provided by the Siras Foundation which is established

    under the leadership of Mr. Abdul Hameed Nauman Siras

    Mohammed. This individual is a UPFA candidate in the

    Northern Provincial Council election. Additionally, the

    advertisement states that after the granting of the said

    insurance policies, the insurance cover will be maintained

    under the sponsorship of the Government.

    6. On 08th September 2013 at 10.00 a.m: Northern Province,Jaffna Electoral District, Point-Pedro at Maradankerny

    Village. As reported by Mr. S. Sugirdan, (TNA candidate) a

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    group of between 15 -20 people arrived in a bus (bearing

    registration No. 29 -7102) and engaged in campaigning on

    behalf of the UPFA Candidate Mr. Aiyature Sri

    Rangeshwaran, (Candidate No. 05.) He alleges that

    Samurdhi officers and volunteer teachers were involved in

    this campaign.

    7. On 09

    th

    September 2013 at 8.00p.m: NorthernProvince,Jaffna Electoral District, Point-Pedro Electorate,

    Kattaikadumulliyan. As reported by Mr. Yakopu Wimaladas

    (PNG) one person has come to a house, broken the fence,

    and forcefully painted the symbol of the TNA in black and

    pasted 3 posters bearing the number 14 without the

    consent of the owners. Though the owner of the house

    informed the police they have only taken a note without

    reporting it as a complaint. Persons claiming to be from the

    Intelligence Unit have taken photos of the premises. Whencontacted, the TNA candidate contesting under number 14,

    Mr. Chandralingam Sugirthan said he was not aware of such

    an incident and completely denied involvement.

    8. On 09th September 2013 at 04.35p.m: NorthernProvince,Jaffna Electoral District, Kaytes

    electorate,Ambigeynagar, 7th

    step, Velanai. As reported by

    Mr. Karthigesu Nadarasa Kanagaratnam (TNA Candidate,

    Jaffna District), while supporters of the TNA weredistributing leaflets in the area, EPDP supporters Mr.

    Kandasamy Mayuran and Mr. Karthegesu Sinnathamby

    have forcefully thrown away the leaflets and threatened to

    kill them if they continued. When the Police arrived on the

    scene the accused have fled. Police have taken notes. When

    contacted by the CMEV, Sergeant Mr. Wickramaratne of

    Kaytes Police station denied knowledge of such an incident.

    9. On 09th September 2013 Northern Province, KillinochchiDistrict, Postal Voting Center, Zonal Education Office,

    NallurMahaVidyalaya, (Poonagari Education Zone). As

    informed by a teacher to CMEV, the Certifying officer of the

    Postal voting center at the Zonal Education Office,

    Poonakary Maha Vidyalaya, Killinochchi had acted in

    violation of elections law.

    The Certifying officer (Divisional Education Director)

    allegedly checked the completed ballots of those casting

    postal votes and allegedly also turned away several school

    teachers, claiming that they were ineligible for postal voting.

    However, CMEV was informed by the aggrieved parties that

    many who were turned away had in fact received written

    confirmation that they were eligible for postal voting.

    CMEV immediately made a formal complaint in this regard

    to Mr. A. M. M. Kabeer, Assistant Commissioner of Elections(Actg), Killinochchi. He confirmed that he had received such

    a complaint from different sources and that a team was

    dispatched to the particular center to investigate this

    incident. Mr. Kabeer informed the CMEV that they did not

    receive enough evidence to substantiate the allegation.

    On 10th

    September 2013 at 9.45 p.m: Northern Province, Jaffna

    Electorate. Unidentified Persons on a motorcycle attacked Ms.

    Ananthy Sasitharan (TNA candidate) near the five-junction in Jaffna

    (on the Jaffna Manipay Road) while she was returning after

    campaigning. Ms. Ananthys vehicle was damaged by the

    motorcyclist who threw a heavy object against the glass window of

    the vehicle on the side where Ms Ananthy was seated. The object

    missed the window of the van and she escaped without injuries.

    According to Ms. Ananthy three VIP vehicles with escorts passed by

    her moving vehicle at which point her driver slowed down to give

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    DR. P. Saravanamuttu

    Co Convenor

    Mr. Udaya Kalupathirana

    CoConvenor

    Mr.Sunil Jayasekara

    Co-Convenor

    way to the VIP convoy. The motorcyclist approached from behind

    to carry out the attack. Ms. Ananthy when contacted by CMEV (At

    about 9.30 a.m on the 11th

    September 2013) stated that she has

    not made a complaint regarding this to the Police, due to fear.

    Northern Provincial Council Election 2013

    Communiqu No 2

    As at 4.30 pm on Sunday 15th

    September, the following reports of

    election related violence in the Northern Provincial Council election

    have been received by CMEV:

    13th

    September 2013, Kodikamaam Electorate, Jaffna Electoral District,

    Northern Province: CMEV field monitor reported that CID officers had

    questioned TNA supporters about leaflets they were distributing and had

    informed the police to arrest them. Police arrested 04 supporters of TNA

    candidate Mr. Chandralingam Sugeerdhan (Candidate No 14). When

    contacted Kesawan Sajanthan (Candidate No 13) confirmed the incident

    and mentioned that the police had informed them that they were in

    breach of election law. Kodikamam Police Station confirmed the incident.

    On 13th

    September 2013, A32 Road, Maravanpuli Junction,

    Chavakachcheri Electorate, Jaffna Electoral District, Northern Province.

    Ten supporters of Mr. Kajadeepan (Candidate No. 17), TNA were

    campaigning in the above mentioned area when at around 5pm an

    unidentified group accosted them and beat them with poles. The

    attackers fled the area in a vehicle (No: 59-3641). Gnanaprakasham

    Kishor and Raj Kumar Rajindan were admitted to the Chavakachcheri

    No: 24/2, 28th

    Lane, Off Flower Road, Colombo 07

    Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460

    E-mail:[email protected] Website: www.cpalanka.org

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    DR. P. Saravanamuttu

    Co Convenor

    Mr. Udaya Kalupathirana

    CoConvenor

    Mr.Sunil Jayasekara

    Co-Convenor

    Hospital (Ward Number 6) at 7.55 p.m. When contacted, Police Sergeant

    Arjan Sunil confirmed that such incident had occurred and that the Police

    was investigating it further.

    On 14th September 2013, in the Point-Pedro electorate, Jaffna Electoral

    District, Northern Province:

    According to eyewitnesses who wish to remain anonymous for security

    reasons, on the 14

    th

    a number of individuals attached to militaryintelligence and the EPDP obstructed a TNA meeting. They had told

    people not to attend the TNA meeting, which eventually took place in the

    vicinity of the community hall where it was originally scheduled, because

    of military and EPDP actions. When contacted by CMEV, TNA candidate

    Mr. Sugeerdhan said that the EPDP and some personnel attached to

    Intelligence had obstructed the rally. When contacted, Sub -Inspector R.P.

    Lalith of the Point Pedro Police said that the owner of the land of

    Bharathi Community Hall, Uduththurai, had withdrawn the written

    permission he had given for the use of his premises for the

    rally. Accordingly, a separate venue had to be arranged for the meeting.

    Police denied receiving any information regarding allegations of damage

    to a loudspeaker unit in this incident.

    15th September 2013, Siruppiddi South, Kopai Electarate, Jaffna

    Electoral District, Northern Province:

    Banana and beetroot cultivations belonging to TNA supporters living in

    Siruppiddy area have been destroyed. When CMEV monitors spoke to the

    villagers, they named UPFA supporters as the perpetrators on the

    grounds that the latter have been demanding an end to TNA election

    rallies. One of the affected villagers, Mr. Uthayarasa, estimated that he

    has lost at least Rs. 20,000 due to vandalism on his banana cultivation.

    Achchuweli police confirmed that they have received such a complaint

    from two villagers (Aiyanpillay Rathnasamy Complain No. MOIB 234-39

    and Manikkam Udayakumar MOIB 236-40) and had sent Police Officers to

    the locations.

    CMEV observed that the police had recorded this incident elsewhere and

    not in the EIB book. Villagers however allege that supporters of UPFA

    candidate Mr. Abdul Hameed Nauman Siras Mohammed are responsible

    for this attack. CMEV contacted the latter. He denied any involvement in

    the incident and stated that he had provided considerable assistance to

    the people of Siruppiddy village.

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    Page 19

    DR. P. Saravanamuttu

    Co Convenor

    Mr. Udaya Kalupathirana

    CoConvenor

    Mr.Sunil Jayasekara

    Co-Convenor

    Northern Provincial Council Election 2013

    Media Communiqu No. 03

    On 17th

    September 2013 at 12.45 a.m: Northern Province, Jaffna Electoral

    District, and Karainagar Electorate at Kovalam. The residence

    of Karainagar Pradeshiya Sabha Chairman Velayudam Anaimugan(TNA) was stoned at about 12.45 a.m by a group of unknown persons.

    Mr. Anaimugan stated that while he was returning from the TNA election

    meeting held near the Sivakamy Amman Temple at about around 10.30

    p.m the previous night (16th

    September 2013) he observed 06 people on

    03 Motor cycles in front of his house. Upon seeing him approach these

    individuals had allegedly fled the location. Mr. Anaimugan stated that he

    was only able to note the registration number of one motor cycle (VI

    6465) but identified several persons in the group as officers attached to

    the Army intelligence. Mr. Velayudam Anaimugan has informed the Police

    emergency unit about this incident but has not logged a formalcomplaint.

    When contacted by CMEV the Kayts Police station confirmed that they

    received a complaint that the Karainagar Pradeshiya Sabha Chairmans

    house had been attacked and had deployed a mobile police team to

    investigate at about 1.30 a.m. The police further stated that as the

    complainant refused to give a statement at the time he was asked to

    make a statement at the Kayts police station within the course of the day

    but that he had not done so. Police further stated that they were

    unaware that this was an election related incident or that officers

    attached to Military intelligence units were involved.

    No: 24/2, 28th

    Lane, Off Flower Road, Colombo 07

    Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460E-mail:[email protected] Website: www.cpalanka.org

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    DR. P. Saravanamuttu

    Co Convenor

    Mr. Udaya Kalupathirana

    CoConvenor

    Mr.Sunil Jayasekara

    Co-Convenor

    Northern Provincial Council Election 2013

    Media Communiqu No. 04

    On 18th

    September 2013 at 11.30 a.m: Northern Province, Jaffna

    Electoral District, Chavakachchari Electorate at Mirisuvil Durgaiamman

    Kovil, Chavakachchari.

    Mr. Arunachalam Balakumaran, Member of Chavachacheri Urban Council

    (TNA) - a witness to the incident- reported that, around 12.00 p.m, a

    group of 25 to 30 people were distributing UPFA propaganda material

    near the Mirisuvil Durgaiamman Kovil in Chavakachchari. Mr.

    Arunachalam Balakumaran alleged that this group was connected to the

    military and that two military officers in uniform were also seen providing

    protection to the group distributing UPFA hand bills.

    Mr. Arunachalam Balakumaran contacted CMEV at around 2.20 p.m at

    which point he stated that he was been chased by a group connected toMilitary. It was alleged that the Army attacked the group of persons who

    were with him and were campaigning for TNA. CMEV was also told by Mr.

    Arunachalam Balakumaran that the OIC of Kodigaman Police station, Mr.

    Edirisinghe, was present at the Marathankulam Pilleyar Kovil, the place

    where the victims sought refuge.

    CMEV contacted Kodigaman Police Station and was informed that the OIC

    had gone to investigate an incident with a mobile team. CMEV then

    contacted the OIC Edirisinghe, who asked us to get back to him in a short

    while. Although CMEV tried several times to contact OIC Edirisinghe, we

    were unable to contact him until 4.30 p.m. At this point the OIC stated

    that, a minor incident had occurred near the Marathankulam Pilleyar

    Kovil but as there was no official complaint lodged with the Police he

    could not release any information. He further stated that he had asked

    the relevant persons to come to the Kodigaman Police Station to make a

    statement. The Police reiterated that there was no involvement of the

    military in this incident. CMEV has been unable to contact Mr.

    Arunachalam Balakumaran since this afternoon for further comment.

    No: 24/2, 28th

    Lane, Off Flower Road, Colombo 07

    Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460E-mail:[email protected] Website: www.cpalanka.org

    and Mudiappu Remediaas UPFA No 18 Achchuveli Police visited the

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    DR. P. Saravanamuttu

    Co Convenor

    Mr. Udaya Kalupathirana

    CoConvenor

    Mr.Sunil Jayasekara

    Co-Convenor

    Northern Provincial Council Election 2013

    Media Communiqu No. 05

    On 19th

    September 2013, Kollankalati, Kankasanthurai Electorate,

    Northern Province

    CMEV Field Monitor reported that the majority of villagers in Kollankalatti

    are in fear on account of unidentified groups roaming the village. Hereported that sections of the community were considering not

    voting. Some of them had attended the Point Pedro TNA rally two days

    ago and were concerned that they could suffer similar repercussions.

    Property of TNA supporters was destroyed in Point Pedro after a TNA

    rally there.

    On September 19th

    2013, Avarankaal, Kopai Electorate, Jaffna Electoral

    District, Northern Province

    Villagers in Avarankaal reported to the CMEV monitor that a Sinhala

    speaking group was roaming the village at around midnight: they

    allegedly defaced TNA posters on the parapet wall of the house of the

    sister of Mr Ariyakuttu Paransothi, TNA candidate, Jaffna District which

    also serves as the candidates party office. They are also alleged to have

    drawn the image of a betel leaf on the verendah of that house and of

    pasting posters of Abdul Hameed Nauman Siras Mohemad (UPFA, NO 04)

    and Mudiappu Remediaas UPFA, No 18. Achchuveli Police visited the

    location and removed all posters. A formal complaint has been lodged

    with regard to this incident. The Police have recorded it in the Mobile

    Information Book (MOIB. 249/47) rather than the EIB Book. According to

    Sergeant Thusitha of the Achchuveli Police investigations are ongoing. He

    further noted that the incident has been identified as one of mischief and

    not one that is election related.

    On 19th

    September 2013, Wadukkodai Electorate, Jaffna District,Northen Province.

    CMEV Monitors reported that last night, in the villages of Santhei,

    Thillalai, Ponnalai, supporters of UPFA candidates Naumaan Siras and

    Angajan Ramanathan as well as EPDP supporters, were seen roaming the

    streets. He further reported that on account of the tension arising from

    this, some villagers had indicated that they will not be voting.

    Mannar Electorate in Mannar Electoral District in Northern Province

    As reported to CMEV Field Monitor, villagers of Uthayapuram,

    Vangalaipada, Pesalai, have yet to receive polling cards.

    No: 24/2, 28th

    Lane, Off Flower Road, Colombo 07

    Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460

    E-mail:[email protected] Website: www.cpalanka.org

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    Page 22

    DR. P. Saravanamuttu

    Co Convenor

    Mr. Udaya Kalupathirana

    CoConvenor

    Mr.Sunil Jayasekara

    Co-Convenor

    Northern Provincial Council Election 2013

    Media Communiqu No. 06

    On 20th

    September 2013, Chulipuram, Vadukkodai Electorate, Jaffna

    District, Northen Province.

    As reported by CMEV Field Monitor, the residence and campaign office ofAnanthi Sasidharan (TNA Candidate No1 Jaffna District) in Tholipuram in

    the Chulipuram area was attacked, allegedly, by a group of military

    personnel at around midnight on 19th

    September. Some of the attackers

    were reported to have spoken in Sinhala and were also identified to

    CMEV as military personnel, on account of their clothing. Nine (09)

    persons including lawyer Sugash who went to assist the victims, were

    injured in the incident. Ms Sasidharan was able to escape the attack with

    her children.

    When CMEV contacted the Jaffna Police Headquarters around 12.45am,

    the Police told CMEV that they were not aware of such an incident and

    directed CMEV to the Vadukkodai Police. However once CMEV contacted

    the Vadukkodai Police around 01.05am, they said that they had been told

    that the Chulipuram area is not in their division. However when

    contacted again, the police informed CMEV that a team of police officers

    had been deployed to the location. As at 8am, the police also informed

    CMEV that no official complaint of the incident has been lodged with

    them.

    CMEV is particularly concerned about the alleged involvement of the

    military as the perpetrators of this attack. Throughout the campaign,

    there have been a number of allegations of threat and intimidation of

    voters and electioneering on behalf of particular candidates by military

    personnel in uniform and by Military Intelligence and Civil Defence

    personnel. Since the campaign concluded at midnight on Wednesday 18

    September, the number of such incidents reported to CMEV has

    increased

    CMEV unreservedly condemns any military involvement in the electoral

    process- the basic mechanism of choice and change in a functioning

    democracy. Such involvement seriously undermines the integrity of the

    process and in the context of this election, gravely undermines

    reconciliation and unity in the country.

    CMEV calls upon the Election Commissioner and all relevant authorities

    to ensure that this involvement ceases and that all allegations in respect

    of incidents of violence and malpractice are investigated and the culprits

    brought to book. The protection and the strengthening of the institutions

    and processes of electoral democracy in the country, demand no less.

    No:24/2, 28th

    Lane, Off Flower Road, Colombo 07

    Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460

    E-mail:[email protected] Website: www.cpalanka.org

    the central government, (b) the Government (and military) will

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    Page 23

    Northern Provincial Council Elections 2013Mullaitivu District Pre-Poll Report

    Summary:

    There is widespread disillusionment with the election process, which

    may lead to low voter turnout. Unacceptably long distances to polling

    centres will deter others, since even where buses are being provided

    these services will be minimal and are not free. The Election

    Commissioners Office is doing its best under difficult circumstances

    but is handicapped by an outdated system in need of reform,

    compounded by inadequate funds. Yet, the systematic misuse of state

    resources, notably of the Ministry of Economic Development, to

    benefit pro-government candidates, and the deliberate violation of

    election law through combining development activities with election

    campaigning have irreparably flawed the democratic process in

    Mullaitivu District. Military interference in the electoral process is

    mostly indirect, though incidents of coercion to attend meetings ofUPFA candidates have been reported.

    Description:

    1. The general view of voters is that this election has no realmeaning in the present context because (a) their basic needs

    of livelihoods, land and freedom from fear and control have

    not been met, and (b) the Northern Provincial Council will

    have no autonomy, with the Chief Minister serving as a

    messenger of the Governor, who in turn is the messenger ofthe President.

    2. A campaign of deliberate disinformation has been carriedout by vested interests to convince rural voters that (a) voting

    against the Government will only result in cessation of all

    development activities because funds will not be released by

    the central government, (b) the Government (and military) will

    be able to find out which party and candidate each person

    voted for, and there will be serious consequences as a result,

    and (c) the (Supreme) Court has ruled that the TNA will be

    disqualified so all votes for them will be worthless. On the

    positive side, the Election Commissioners Office has

    conducted voter education workshops in each of the 136

    villages, and has reassured voters. However, Minister Basil

    Rajapakshas most recent statements that developmentinitiatives will be jeopardised if the TNA wins has further

    fuelled voters fears.

    3. Transportation to and from polling centres is a serious issuefor many voters in the district. At least 3500 voters will have to

    travel over 5km to reach their respective polling centres. The

    furthest distance is from Amaithipuram, where voters live

    24km away from the Puthvedduvan school where they are

    expected to cast their ballots. The Elections CommissionersOffice has arranged for a single bus each for 10 of the worst-

    affected areas, but voters will have to pay the bus fare. Others

    may have to walk up to 4km each way in the blazing to

    participate in a process in which they have little faith.

    4. The lack of identity cards is a concern for some voters.CMEV has been reliably informed that a significant percentage

    of the approximately 500 voters in Kuravil in the

    Pudukudiyirippu DS Division may not have valid IDs. Inaddition, some recent returnees who have only their Manik

    Farm identity cards will not be able to vote. Also, since the

    2012 list is being used, a significant number of current

    residents whose names are only on the 2013 list will not be

    eligible. In Pudukudiriyippu DSD alone it is estimated that

    around 1000 persons have lost their voting rights as a result.

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    5. The systematic misuse of state resources and direct violationof election law to benefit UPFA candidates are so serious as to

    mar the electoral process irrevocably. The Ministry of

    Economic Development is the main culprit. UPFA candidates

    who are former senior employees of the ministry serving at

    Deputy Project Director Level have access to Ministry vehicles

    and staff for campaign work. 172 Samurdhi Development

    Officers were hired in the district in violation of election law,and their role in the current context is clear. In addition, 150

    CPRs hired under the Re-Awakening Project, it is widely

    alleged, actively support the UPFA campaign at the village

    level.

    The stage and access area clearly indicated that it was in fact a UPFA meeting

    The location of the meeting was in the Helambawewa Army Camp

    Maheweli Authority and NHDA banners are being taken down by

    government staff.

    to walk a long way back home.

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    6. A blatant example of such abuse is the handing over of 110(or 500, the number varies depending on the government

    source!) houses by the Hon Minister of Economic

    Development to residents of Helambawewa on 18 Sept 2013.

    While the Mahaweli Authority, the NHDA and other

    government departments were involved, and the event itself

    was staged adjoining the Helambawewa Army Camp with full

    military (and MI) presence, the stage was decked in blue with

    blue flags everywhere. Villagers were provided with lunch

    packets after the meeting which clearly took on political tones

    and referred explicitly to the NPC elections. CMEV spoke to

    two separate groups of women going home with their lunch

    packets, and their common response [in Sinhala] was We are

    coming from the Betel Leaf meeting. One woman added,

    They want us to vote for them, and we will, but now we have

    g y

    7. Military and Police support of UPFA candidates wasblatant. In Mullaitivu town the main UPFA candidates office is

    next to the Mullaitivu SPs Office, and they are allowed to keep

    large cut outs, posters and banners on the road even after all

    campaigning has stopped. Police is deployed at UPFA rallies

    and tamashas, such as the musical show sponsored by UPFA

    candidate Satheesh Kumar in Pudukudiriyippu on 18 Sep 2013.

    Other parties too violated the end-of-campaign regulation, for

    instance the Muslim Congress held a meeting at Mulliyawalai

    on 19 Sep 2013.

    The plaque unveiled on 18 Sep 2013.

    Sri Lanka Muslim Congress meeting held at Mulliyawalai on 19 Sep 2013

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    However, the overall picture of the Mullaitivu District is one inwhich the UPFA candidates are free to violate any and everyregulation with impunity. On 19 Sep 2013, CMEV observedUPFA candidate No 6 campaigning in Mullaitivu town itself.

    8. The militarys involvement is generally less direct, but theircontrol is pervasive. CMEV spoke to a group of women who

    complained that the Armyat Thanneeroottu had asked them to

    attend a rally organised by UPFA candidate Satheesh Kumar,saying that they will be given loans. Many had gone even by

    three-wheeler and come away disappointed. Fear of

    repercussions prevent people from even commenting on the

    military, but it is agreed that, in relation to the election, the

    situation is better than in Jaffna.

    The blatant display of UPFA posters and cut-outs even on 20 Sep 2013, adjacent to

    the Mullaitivu SP JanakaGunathilakas office in the heart of the town

    A poster for UPFA candidate 6, a former Deputy Project Director of the Ministry ofEconomic Development, adorns the 591 Brigade welcome board in an area that boasts of24 hour police and military presence.

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    Joint Statement issued by Main ElectionsObservation Missions in Sri Lanka

    Mr. Mahinda Deshapriya,

    Commissioner of Elections,

    Elections Secretariat,

    P.O. Box 02, Sarana Mawatha,

    Rajagiriya, 10107.

    18th September 2013

    Dear Sir

    Request to Make a Public Statement Ensuring the Secrecy of Ballots

    Cast in the Forthcoming Provincial Council Elections

    As you are aware, there have been several reports of incidents of

    voters being told by various individuals that ballots cast at the

    forthcoming election- including party preference and candidate

    preference can be traced. This practice has been especially

    prevalent in the Northern Province and specifically in remote

    villages such Thirunagar, Barathipuram and Selvanagar in the

    Killinochchi District.

    Ensuring the secrecy of ballots is an essential prerequisite for the

    conduct of a free and fair election as it minimises the possibility ofvoters being influenced. As you will appreciate in the context of

    allegations of voter buying and intimidation, ensuring that

    individuals are able to cast their vote freely and without compulsion

    is of paramount importance.

    As such, we call on you to make a public statement to the effect

    that ballots are specifically designed to prevent anyone from linking

    a specific voter to a ballot and that there is no possible way for

    another person to decipher to which political party and candidate(s)

    a particular person cast his/her ballot.

    We urge you to request heads of all print and electronic media

    institutions- including state owned media institutions- to give to

    such statement the widest possible coverage in both the Sinhala

    and Tamil languages.

    We will be releasing this letter to the media in the public interest.

    Please be assured of our cooperation

    Thanking you

    Yours sincerely

    Dr. Paikiasothy Saravanamuttu CMEV

    Mr. Rohana Hettiarachchi Paffrel

    Mr. Keerthi Tennekoon Caffe

    Mr. Shan Wijetunge Transparency International, Sri Lanka

    of the following UPFA candidates;

    http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/
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    Northern Provincial Council Election 2013

    Media Communiqu No. 07

    20-09-2013/ 08.10h/ Northern Province/ Mannar District/ Mannar

    Electorate/ Pesalai UPFA party office

    As reported by CMEV monitor in the area, UPFA Mannar District

    candidate No 6, Mr. Robert Pieris, organized dry rations to be distributed

    on the night of 20th

    September 2013.

    On 20th

    September 2013 from 6.00 8.00 pm : Northern Province: Jaffna

    District, Electorate, Chavakachchari, Kodikamam area:

    Villagers from Palavi and Katchai have reported to CMEV monitors that a

    large number of youths are roaming these villages. The villagers reported

    their fear that the presence of the youths could result in electoral

    violence and malpractice. CMEV urges relevant authorities to take

    immediate action to prevent any such violence or malpractice.

    20-09-2013/ 11.00 a.m/ Northern Province/ Jaffna District/ Manipay

    Electorate

    CMEV received a report of posters of UPFA candidates on the sides of the

    following roads; Manipay Road, Uduvil Road, Anaikoddai Road, Sangilipai

    Road, Maradanamadam Road, Chunnakam Road. The said posters were

    1. Mudiappu Remidios- candidate No. 18

    2. Abdul Hameed Nafman Siras Mohamed- candidate No. 04

    3. Kodeswaran Rushangan- candidate No. 12

    4. Nadarajah Thamilalagan- candidate No. 14

    5. Naganathi Ponnampalam candidate No. 16

    New posters of the following TNA candidates were seen:

    1. Iynkaranatsan Ponnuthurai

    2. Tharmalingam Sitharthan

    3. Emmanuel Arnold

    There were also fresh posters of Democratic National Alliance (DNA)

    candidates, mainly down the Uduvil Road. The candidates are:

    1. Senathirajah Krishnakumar

    2. Kankaratnam Loganathan

    3. Sivasunthari Manokaram

    Additionally it was noted that the deployment of army personnel has

    increased noticeably. The increase of military personnel was visible along

    the following roads: Manipay/ Jaffna Main road, Sangilipai Main road,

    Savalkaddu road and, Anaikoddai road. It was stressed that members of

    the military moved freely and frequently on the said roads, thus making

    the presence of the army felt more strongly.

    On 19th

    September 2013 at 12.30 pm in Northern Province, Jaffna

    Electoral District, Kangkesan Thurai Electorate.

    CMEV monitor reported that he went to Arasadi Road, Kollangalati,

    where he witnessed military personnel using black oil to deface posters

    No:24/2, 28th

    Lane, Off Flower Road, Colombo 07

    Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460

    E-mail:[email protected] Website: www.cpalanka.org

    of all candidates. Thereafter no posters were visible in the area. Whilst

    h ili d hi l ( i i N NP KW 1603 d

    Sivalingam Sathish Kumar contesting under number 03 in Mullaithivu

    di i h ld h d i f UPFA M

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    the military was so engaged, vehicles (registration No NP KW 1603 and

    CP PE4685) belonging to UPFA candidate Shiras and with posters of the

    candidate displayed on them, were seen at the same place.

    On 19th

    September 2013 at 12.53 p.m: Northern Province Jaffna

    Electoral District,Odupidi Electorate.

    As reported by a CMEV monitor in Odupidi, from the 10th

    of September

    2013 a significant military presence has been observed in the area. Onthe main roads of Odupidi and on by roads, a significant number of

    military personnel have been deployed.

    19-09-2013/ 20.00h/ Northern Province/ Mannar District/ Mannar

    Electorate/ Tharapurram

    As reported by CMEV monitor in the area, villagers from Vellankulam and

    Ganeshapuram were transported from these villages to Tharapuram by

    UPFA supporters and given dry rations. It was noted further that the

    villagers were transported in 3 CTB buses. The CMEV monitor further

    confirms that the distribution of dry rations was organized by UPFA

    candidate No. 4, Mr. Abbas Abdul Rifkhan.

    19-09-2013/ 20.15h/ Northern Province/ Mannar District/ Mannar

    Electorate/ Pesalai

    As reported by CMEV monitor in the area, UPFA supporters were

    provided with dry rations to be distributed amongst the people of the 4th

    and the 8th

    housing colonies of Pesalai. Currently the dry rations are

    stored at the residences of two of party supporters identified as Rani and

    Stephen whose full names were not revealed for security concerns. They

    live down K. V. Road, Pesalai. The rations are to be distributed on the

    night of the 20th

    .

    19-09-2013/ 23.15h/ Northern Province/ Mullaithivu District/

    Mullaithivu Electorate/ Muliavilai

    It was reported that an election meeting of the UPFA candidate Mr.

    district, was held at the garden premises of a UPFA supporter Mr.

    Thiyagaraja Arulvendan near the Katta-Vinayagar Kovil (Hindu temple).

    About 35-40 persons have attended the meeting. A villager, Mr.

    Kanapathypillay Dushyanthan of Mulliyawallai Central, Mulliyawallai

    informed CMEV about the meeting. He stated that the meeting had

    started around 10 pm and by the time he had called CMEV, around

    11.15pm, the meeting was still going on.

    19-09-2013/ 23.17/ Northern Province/ Mannar District/ Mannar

    Electorate/ Mannar town, Tharapurram, Puthukkudiyairuppu

    As reported by CMEV monitor posters of the following UPFA, TNA, UNP

    and SLMC candidates, respectively were put up in the aforementioned

    areas:

    UPFA

    1. Candidate No. 04 Mr. Abdul Abbas Rifkhan

    2. Candidate No. 06 Mr. Robert Pieris

    TNA

    1. Candidate No. 03 Mr. Irudayanathan Charles Nirmalanathan

    UNP

    1. Candidate No. 02 Mr. Abdul Kaseem Rahumathulla

    SLMC

    Candidate No. 08 Habib Mohamed Rayees

    The aforementioned posters appeared mostly in the following areas:

    Karisal, Olaiththuduwai, Puthukkudiyairuppu, Thottaweli, and

    Tharapurram

    19-09-2013/ 23.53h/ Northern Province/ Vavuniya District/ Vavuniya

    Electorate/ Cinna Cippikulam Cheddikulam

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    DR. P. Saravanamuttu

    Co Convenor

    Mr. Udaya Kalupathirana

    CoConvenor

    Mr.Sunil Jayasekara

    Co-Convenor

    Electorate/ Cinna Cippikulam, Cheddikulam

    As reported by CMEV monitor, UPFA candidate No 7, Mr. Mohideen Kani

    Sego Munajithu and around 8 to 10 supporters of the UPFA have done

    house-to-house visits and handed cash to residents in the Cinna

    Cippikulam village within the Cheddikulam DS Division in Vavuniya. The

    report also indicates that the campaigning was carried out in the vehicle

    bearing registration number NP-JP 7100.

    20-09-2013/07.39h/ Northern Province/ Jaffna District

    UPFA candidate Mr. Angajan Ramanathan still continues his campaigning

    via short messaging system, conducted through a message centre

    identified by the number +46701326101. This was reported by a CMEV

    monitor who received the text message.

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    Source: Centre for Monitoring Election Violence

    Pre Election Violations Table I

    Pre Election Violations Table II

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    Pre Election Violations Table II

    Source: Centre for Monitoring Election Violence

    Pre Election Violations Table III

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    Pre Election Violations Table III

    Source: Centre for Monitoring Election Violence

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    Pre Election Violations Table IV

    Source: Centre for Monitoring Election Violence

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    Major Incidents

    32%

    Minor Incidents

    68%

    7%3%

    26%

    11%

    41%

    4%4%4%

    Muder

    Attempted Muder

    Hurt

    Grievous Hurt

    Assault

    Threat & Intimidation

    Misuse of State Resoueces

    Robbery

    Arson

    Abduction

    Damage to Property

    9%9%

    82%

    Mischief

    Threat

    election offence

    other

    Figure 01

    Figure 02 Figure 03

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    Total Number of Incidents

    Alleged Perpetrators by Party (84)

    Major Incidents-Alleged Perpetrators by Party (27)

    Minor Incidents- Alleged Perpetrators by Party (57)

    54

    2

    9

    1 1 1

    3

    13

    0

    10

    20

    30

    40

    50

    60

    UPFA UNP ITAK DUA DP SLMC INDE 1 PNG

    NumberofIncident

    Political Party

    20

    01

    0 0 0 0

    6

    0

    5

    10

    15

    20

    25

    UPFA UNP ITAK DUA DP SLMC INDE 1 PNG

    Numbero

    fIncident

    Political Party

    34

    2

    8

    1

    4

    13

    7

    0

    5

    10

    15

    20

    25

    30

    35

    40

    UPFA UNP ITAK DUA PD SLMC INDE 1 PNG

    NumberofIncident

    Political Party

    Figure 06Figure 04

    Figure 05

    Profile of Alleged Major Violations by Party (27)Fi 07

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    2

    1

    5

    22

    1

    10

    1 11

    0

    2

    4

    6

    8

    10

    12

    UPFA ITAK Party Not Given

    Numberof

    Incidents

    Cate or of Offences and arties

    Murder

    Attempted Murder

    Grievous Hurt

    Hurt

    Assault

    Threat & Intimidation

    Misuse of State Resoueces

    Robbery

    Arson

    Abduction

    Damage to Property

    Profile of Alleged Minor Violations by Party (57)

    1 1

    42

    12

    31

    2

    8

    13

    1

    0

    5

    10

    15

    20

    25

    30

    35

    UPFA UNP ITAK DUA DP SLMC PNG

    Num

    berofIncidents

    Category of offences and parties

    Mischief

    Threat

    Election Offence

    Other

    Figure 08

    Figure 07

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    4

    15

    0

    11

    8

    7 7

    4

    0

    6

    2

    19

    0

    1

    0

    2

    4

    6

    8

    10

    12

    14

    16

    18

    20

    NumberofIncident

    s

    ElectorateFigure 09

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    Motorbike damaged during an attack on the residence of Ananthy

    Shashitharan, TNA Candidate, NPC Election 2013

    S.Krishnakumar, Jaffna group leader of the Democratic Party who was

    injured during an attack by unidentified persons NPC Election 2013

    Candidate posters at a bus halt, in the Musali area in Mannar, displayed

    during the pre-election period. NPC Election 2013

    Slogans drawn in the Arippu region of Mannar, during pre-election

    campaign. NPC Election 2013

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    Poster displayed on Election day in the Wadukkodai area of Jaffna, NPC

    Election 2013

    Symbols displayed on the Manippai- Maraathanarumadam Road, Jaffna,

    NPC Election 2013

    Damaged campaign office premises of the UPFA Candidate Siras

    Mohamad, at Arukalmadam in Jaffna, NPC Election 2013

    Extensive damage to an agricultural cultivation belonging to a supporter of

    the TNA, in Kopai, NPC Election 2013

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    Wadukkodai road being used for election campaign, NPC Election 2013. Threatening leaflets which were distributed on Election day in

    Chavakacheri, NPC Election 2013.

    Posters displayed on the walls of the Kumulamunai school, Manipai, NPC

    Election 2013.

    Poster which was displayed all around Jaffna on Election Day, NPC Election

    2013.

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    A34 Road in Mankulum, Mullaitvu used for displayof symbols, NPC Election 2013.

    More damages incurred during the attack on theresidence of Ananthy Shashitharan, TNA

    Candidate, NPC Election 2013.

    Symbols on a road in Mullaitivu, NPC Election 2013.

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    Election Day Monitoring

    ______________________________________________________________________________________________

    Northern Provincial Council Election - 2013

    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 non partisan organisation to monitor the

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    Northern Provincial Council Election 2013

    21st

    September 2013 - 1200 pm

    Communiqu No 8

    CMEV has received complaints of a number of incidents on election day

    since polls opened at 7 am, including an assault, intimidation of voters,

    campaigning near polling stations and distribution of food items while

    canvassing. As of twelve noon there had been a moderate turnout in

    urban areas in Jaffna. However, CMEV has also received reports that

    there has been low turnout in other areas, including in Mullaitivu

    districts. In these areas voters had to travel significant distances, up to 22

    km to get to polling stations. CMEV had raised this issue with the Election

    Commissioner who provided assurances that transport would be

    provided free of charge but as of 12 noon transport is very limited or not

    available. Specific incidents where voters have been intimidated,

    allegedly by UPFA politicians and the military have resulted in fear among

    voters in these locations.

    On election day, September 21st, CMEV deployed 240 election monitors

    at individual polling stations in addition to 17 field monitors and 8 mobile

    units. All CMEV reports and communiqus and the CMEV Incidents

    Google Map can be accessed online athttp://cmev.wordpress.com .

    p p g

    incidence of election related violence. Currently, CMEV is made up on

    CPA, FMM and INFORM Human Rights Documentation Centre.

    Some of the main incidents include

    Northern Province, No 50,Kokkupaddayam Roman Catholic Tamil Mixed

    School Silvavathura polling station, Mannar Electorate, Mannar District

    As reported by CMEV mobile observer, Mannar district candidate of Our

    Nation Party, Abdul Salam Mohomad Hilmy contesting under No.01 has

    been allegedly assaulted by the body guards of Ministe