The Governing Council of the Inter-Parliamentary Union,

Referring to the case of the above-mentioned persons, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/187/12(b)-R.1), and to the resolution adopted at its 186th session (April 2010); referring also to the report on the on-site mission to Sri Lanka carried out by the Committee in February 2008 (CL/183/12(b)-R.2),

Noting that the Committee met during the 123rd IPU Assembly with the Sri Lankan delegation, including Mr. Mahinda Samarasinghe, Minister of Plantation Industries and former Minister for Disaster Management and Human Rights, who has been mandated to continue following the cases the Committee is examining in Sri Lanka; taking also into account the information provided by Dr. Jayawardena,

Considering the following information on file:

• In December 2007, relatives of Mr. Ariyanethran and Mr. Jayanandamoorthy and a member of Ms. Kathimaran’s staff were abducted, reportedly by the paramilitary group Pillayan, and the parliamentarians were warned that the abducted persons would be killed should they vote against the budget; the abducted persons were all released on 15 December 2007, after the vote on the budget; on 18 November 2007, Mr. Kanagasabai lodged a complaint with the police regarding the abduction of his son-in-law, who was released the next day;

• Mr. Kajendren's brother was abducted on 24 March 2009 by armed persons inside the high-security area in Madiwela/Colombo while he was returning to Mr. Kajendren's home; eyewitnesses reported that he was stopped by a police sentry for a routine check; a little later, a van and more police officers arrived at the scene and he was bundled into the vehicle before it sped off; this reportedly occurred barely 48 hours before the Tamil National Alliance (TNA) was to decide whether or not to accept an invitation for direct talks with President Rajapakse; Mr. Kajendren’s brother reappeared in April 2009 but was warned by his abductors to divulge no information;

• Mr. Chandranehru was attacked during a visit to his constituency in June 2007; the Attorney General has filed an indictment against the presumed culprit, who surrendered, and proceedings appear to be under way;

• According to Dr. Jayawardena, his current security detail continued to run counter to the directions given by the Court of Appeal according to which it should include several police officers, house guards, a back-up vehicle and radio equipment; according to the Sri Lankan delegation, as a result of the end of the violent conflict in Sri Lanka, Dr. Jayawardena was no longer subjected to any threat, he was free to provide any information to the contrary and, like any member of parliament, was assigned and entitled to two police protection officers;

• All the persons concerned have at some time received death threats, in one case from a person who identified himself,

1. Thanks the Sri Lankan delegation and in particular Minister Samarasinghe for their cooperation and for the information provided;

2. Remains deeply concerned that, except for the identification of the alleged attacker of Mr. Chandranehru, none of the culprits of the crimes committed against the persons concerned have ever been identified and held to account, despite important leads that should have allowed the authorities to make at least some progress in this respect; recalls that impunity is among the most serious human rights violations as it deprives the victims and their families of their right to justice;

3. Is nevertheless led to close the cases of the former TNA members of parliament concerned in the absence of any further communication from the sources; reserves the right, however, to reopen these cases should any information be forthcoming to warrant such a course of action;

4. Acknowledges that the security situation in Sri Lanka has improved and that this is likely to lessen the need for extensive protection for Dr. Jayawardena; calls on the authorities to carry out a new threat analysis of his situation, taking into account Dr. Jayawardena's continued outspokenness on sensitive political issues and his role as his political party’s person responsible for human rights matters, and to determine whether he would require any additional security;

5. Considers that Dr. Jayawardena's case consequently no longer warrants its public examination, and instructs the Committee to continue examining it under its confidential procedure;

6. Requests the Secretary General to convey this resolution to the competent authorities and to the sources.

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