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SRI LANKA
CASE No. SRI/53 - NADARAJAH RAVIRAJ

Resolution adopted unanimously by the IPU Governing Council at its 180th session
(Nusa Dua, Bali, 4 May 2007)

The Governing Council of the Inter-Parliamentary Union,

Having before it the case of Mr. Nadarajah Raviraj, a member of the Parliament of Sri Lanka who was assassinated on 10 November 2006, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians following the Procedure for the treatment by the Inter-Parliamentary Union of communications concerning violations of the human rights of members of parliament,

Taking note of the report of the Committee on the Human Rights of Parliamentarians, which contains a detailed outline of the case (CL/180/12(b)-R.1),

Considering that Mr. Raviraj was a member of parliament for Jaffna and a leading member of the Tamil National Alliance (TNA) who persistently spoke out against the armed conflict in the country, that he was dedicated to a peaceful negotiated settlement of the long-standing ethnic conflict in Sri Lanka, and that he was a well-known human rights defender,

Considering the following evidence on file concerning the circumstances of and investigation into his murder:

  • Mr. Raviraj was shot dead in Colombo on the morning of 10 November 2006, the day after he had participated in a public demonstration against the Sri Lankan Army's shelling of Vaharai on 9 November which had killed 47 internally displaced Tamil civilians;

  • According to the sources, Mr. Raviraj was murdered while travelling in his vehicle along Elvitigalla Mawatha, a major public highway within the city of Colombo; one assailant stopped the traffic on the road while another sprayed bullets from a T.56 rifle at Mr. Raviraj and his bodyguard; they then fled from the scene on a motorcycle; security personnel were reportedly on duty at the time at several points along the highway, including in the immediate vicinity of the scene of the crime;

  • According to the authorities, the Criminal Investigation Department (CID) has arrested two suspects, who are being interrogated; the motorcycle used by the assailants has been identified and further information is being gathered; the CID is also seeking two other individuals for questioning, who are nevertheless difficult to trace since they appear to be in the uncleared eastern areas; the CID periodically reports confidentially on progress in the investigations to the Magistrates Court; following a request by the Government, a team of investigators from New Scotland Yard conducted investigations in Sri Lanka from 4 to 14 January 2007 and left the country "with productions on which further tests would be carried out",
Considering further that Mr. Raviraj is the second Tamil member of parliament to be assassinated within the last year and that several others receive death threats; noting also that the murder seems to be one of a growing number of killings of Tamil activists and human rights defenders, all of which remain unpunished to date,

Recalling that President Rajapaksa has set up a National Commission of Inquiry to look into cases of grave human rights violations in addition to an International Independent Group of Eminent Persons (IIGEP) to observe the proceedings of the National Commission; considering that both the National Commission of Inquiry and the IIGEP have started to function and held a first joint meeting in February 2007 and that, at President Rajakpakse's request, the National Commission has decided to include the murder of Mr. Raviraj in its mandate,

Bearing in mind that Sri Lanka is a party to the International Covenant on Civil and Political Rights and is thus bound to guarantee the right to life, which entails the obligation for the State to carry out a diligent, effective and thorough investigation into any murder in order to identify the culprits and bring them to justice,

  1. Is shocked at the murder of Mr. Raviraj, which it strongly condemns;

  2. em>Is outraged by this further demonstration of the lawlessness in which members of parliament in Sri Lanka are assassinated, this time in broad daylight, and yet seemingly with complete impunity;

  3. Recalls that impunity is a grave breach of human rights and of the rule of law, since it encourages the repetition of crime, as amply demonstrated by the situation in Sri Lanka; affirms that strong action to combat impunity is a prerequisite for lasting peace and reconciliation;

  4. Commends the President of Sri Lanka for the measures he is taking to combat impunity in a number of crimes specified by him; notes that examining the murder of Mr. Raviraj has been included in the mandate of the National Commission of Inquiry, and believes that the Commission can contribute to shedding light on the murder;

  5. Firmly states nevertheless that the establishment of the Commission of Inquiry in no way releases the authorities from their duty vigorously to pursue the investigation in this case and to explore all existing leads which may help identify the perpetrators;

  6. Would appreciate information as to the further involvement of Scotland Yard in the investigation and whether its recommendations have been followed up;

  7. Affirms that the murder of a parliamentarian stands as a threat to the institution of parliament as such and, in the final analysis, to the people whom it represents, and that Parliament should consequently avail itself of its oversight function to ensure that the competent authorities comply with their duty to ensure due administration of justice, and thus to prevent any recurrence of such crimes;

  8. Requests the Secretary General to inform the authorities, including the National Commission of Inquiry and the IIGEP, accordingly and to invite them to provide the requested information, together with information on the current stage of the investigation;

  9. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 117th Assembly (October 2007).
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