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SRI LANKA
CASE N° SRI/64 - KIDDINAN SIVANESAN

Resolution adopted unanimously by the IPU Governing Council at its 186th session
(Bangkok, 1 April 2010)

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/186/12(b)-R.1), and to the resolution adopted at its 185th session (October 2009); referring also to the report on the mission carried out by the Committee in February 2008 (CL/183/12(b)-R.2),

Taking into account the police report forwarded by the Parliament of Sri Lanka on 18 March 2010,

Recalling the following: at the parliamentary session of 21 February 2008, which the Committee's delegation to Colombo attended, Mr. Sivanesan 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; he 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) 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 the police report of March 2010 reiterates the position of the police authorities, namely that the area where the attack occurred was controlled by the LTTE at the time and the police had no access to conduct investigations, and that no complaint has been lodged with the police, possibly out of fear of reprisal by the LTTE,

Bearing in mind that, since the defeat of the LTTE, President Rajapakse was re-elected in January 2010; that he dissolved Parliament on 28 March 2010 and announced elections for 8 April and the convening of the new parliament for 22 April 2010,

  1. Thanks the parliamentary authorities and the police for their cooperation;

  2. Reiterates its view that, sincethe war is now over and the area where Mr. Sivanesan was killed is under government control, there is nothing to prevent the authorities from opening an investigation into Mr. Sivanesan's killing; earnestly hopes that the authorities will indeed do so;

  3. Recalls that impunity is among the most serious human rights violations as it deprives the victims and their families of their right to justice and, in addition, encourages the repetition of crime; considers that fighting impunity and restoring the rule of law and respect for human rights in countries which, like Sri Lanka, have come out of a civil war should be among the priorities of the authorities;

  4. Requests the Secretary General to convey this resolution to the new parliamentary authorities, calling on them to insist on the necessity of opening an investigation into the killing of Mr. Sivanesan in order to prevent impunity in this case; requests him further to convey the resolution to the competent governmental authorities;

  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 123rd IPU Assembly (October 2010).
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