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Resolution adopted unanimously by the IPU Governing Council at its 185th session
(Geneva, 21 October 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/185/11(b)-R.1), and to the resolution adopted at its 184th session (April 2009),

Referring also to the report on the mission to Sri Lanka carried out by the Committee in February 2008 (CL/183/12(b)-R.2),

Noting that the Committee met with Mr. Mahinda Samarasinghe, Minister for Disaster Management and Human Rights during the 121st Assembly,

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 the fact that he had been intimidated 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 some 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;

  • 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 was simply meant to discredit the Government; the attack had not been reported to the Jaffna or Vavuniya police and the police were unable to visit the area as it was under LTTE control,
Noting that the Committee’s meeting with Mr. Samarasinghe revealed that the case has remained at a standstill; that, according to the progress report forwarded by him, the area then being unlawfully occupied by the LTTE, “the aggrieved party may have been in fear to make a complaint against the LTTE,

Considering that the war is over and that the area where Mr. Sivanesan was killed is now under government control, which means that an investigation can now be opened,

  1. Thanks the Minister for Disaster Management and Human Rights for his cooperation;

  2. Earnestly hopes that an investigation will now be opened, whether or not a complaint is filed regarding the killing of Mr. Sivanesan and his driver, and would appreciate being kept informed in this respect;

  3. 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;

  4. Requests the Secretary General to invite the authorities to keep the Committee informed;

  5. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 122nd IPU Assembly (March-April 2010).
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