SRI LANKA
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CASE N° SRI/64 - KIDDINAN SIVANESAN |
Resolution adopted unanimously by the IPU Governing Council at its 184th session
(Addis Ababa, 10 April 2009)
The Governing Council of the Inter-Parliamentary Union,
Referring to the case of Mr. Kiddinan Sivanesan, a member of parliament for Jaffna belonging to the Tamil National Alliance (TNA), killed in a Claymore mine attack on 6 March 2008, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/184/12(b)-R.1), and to the resolution adopted at its 183rd session (October 2008),
Referring also to the report on the mission to Sri Lanka which the Committee carried out in February 2008 (CL/183/12(b)-R.2), and taking into account the progress report by the Sri Lankan police forwarded by the parliament on 1 April 2009; noting also that at its session during the 120th Assembly the Committee heard members of the Sri Lankan delegation,
Recalling the following:
- At the parliamentary session of 21 February 2008 which the Committee's delegation to Colombo attended, Mr. Sivanesan had raised a privilege issue regarding his intimidation by the "threatening deployment of dogs" by the security personnel who checked his vehicle at Madawachi while he was on his way to Colombo on Monday that week;
- Mr. Kiddinan Sivanesan was killed about two weeks later, on 6 March 2008, in a Claymore mine attack shortly after he had crossed into the Vanni region; his vehicle was targeted when he was returning to his residence in Mallawi after attending parliamentary sessions in Colombo; the attackers reportedly detonated four mines in a row; Mr. Sivanesan's driver was killed instantly and Mr. Sivanesan died of his injuries while being rushed to hospital;
- The Liberation Tigers of Tamil Eelam (LTTE) has claimed that the killing was the work of deep penetration units of the Sri Lankan military, an allegation denied by the military, who have blamed it on the LTTE,
Considering that, according to the police report forwarded on 1 April 2009, inquiries revealed that the attack occurred in Mallawi, an area unlawfully occupied by the LTTE and not accessible to the police; the claim by the LTTE that the killing had been carried out by the Sri Lankan forces is simply meant to discredit the Government; the attack has not been reported to the Jaffna or Vavuniya police and the police are unable to visit the area as it is under LTTE control; considering, however, that according to the Sri Lankan delegation the area is now under government control, which means that an investigation can now be instituted,
- Thanks the authorities for the information provided; also thanks the Sri Lankan delegation for its cooperation;
- Earnestly hopes that an effective investigation will now be conducted, whether or not a complaint is filed regarding the killing of Mr. Sivanesan and of his driver, and would appreciate being kept informed in this regard;
- Reaffirms the conclusion of the mission report that there can be no better deterrent for violence targeting members of parliament and indeed the public at large than combating impunity and ensuring that those responsible for assassinations and other crimes are identified, apprehended and brought to justice, and urges the authorities to take firm action to this end;
- Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 121st Assembly of the IPU (October 2009).
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