The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Joseph Pararajasingham, a member of the Parliament of Sri Lanka assassinated on 24 December 2005, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/189/11(b)-R.1), and to the resolution adopted at its 188th session (April 2011), referring also to the report of the on-site mission to Sri Lanka carried out by the Committee in February 2008 (CL/183/12(b)-R.2),

Taking into account the information which Minister Mahinda Samarasinghe, Special Envoy of the President of Sri Lanka for Human Rights, provided to the Committee on the Human Rights of Parliamentarians at the hearing held during the 125th IPU Assembly,

Recalling the following information on file:

• Mr. Pararajasingham, a member of the Tamil National Alliance (TNA), was shot dead on 24 December 2005 during the Christmas Eve mass at St. Mary's Church in Batticaloa by unidentified gunmen in the presence of some 300 persons; his wife and seven other persons sustained gunshot injuries; St. Mary's Church was located in a high-security zone between two military checkpoints; at the time of the murder, additional security forces were on duty, which suggests that the culprits could have escaped only with the complicity of the security forces;

• According to the information provided by Minister Samarasinghe in October 2009, one of the main problems was the question of witnesses as the priest playing the organ had been unable to identify any suspects, and witnesses were afraid to come forward;

• The police had been unable to establish whether the information provided on the occasion of the on-site mission was bona fide, suggesting that a certain "Ravi" (Kaluthavalai or Kommathurai Ravi) was the killer, since TNA parliamentarians who had provided the name were unable to give an address; according to the sources, Ravi was a member of the Karuna group and well known in the region; Minister Samarasinghe stated that this information proved unavailing because Ravi was a common name used by Tamils, and Kaluthavalai and Kommathurai are names of villages and that, since these names are common in the villages, it was difficult to trace them;

• Six empty 9mm cartridges found at the crime scene were sent to the Government analyst; two army-type uniforms were recovered from locations in the church and two soldiers who had been roaming around during the night of 24/25 December 2005 were taken into custody but later released as the main eyewitness was unable to pick them out at an identity parade held on 1 September 2006,

Recalling that, Minister Samarasinghe reported on a previous occasion that the Witness Protection Bill had been debated in Parliament in 2008 but not passed and that the Bill had then lapsed owing to the dissolution of parliament, so that party leaders would have to discuss the matter anew; also recalling in this respect that the 2007 Witness Protection Bill was criticized by many, in particular by human rights groups, as inadequate in terms of providing victims and witnesses with the requisite protection,

1. Thanks Minister Samarasinghe for his cooperation;

2. Is deeply disturbed that, in the almost six years since Mr. Pararajasingham’s murder, the authorities have made no progress whatsoever in identifying and holding to account the culprits of this high-profile murder, particularly since there are serious reasons to believe that, because of where the murder took place, it happened with the complicity of security and army personnel;

3. Is deeply concerned that, as the authorities affirm, the inconclusiveness of the investigation is due to the absence of eyewitness testimony, which can only mean that, given the circumstances of the crime, witnesses are still afraid to assist with the investigation;

4. Regrets therefore that, despite the authorities’ long-standing publicly stated commitment to advancing the course of justice in this case, an effective witness protection programme, as a basic but essential step in the fight against impunity, is still lacking;

5. Urges the authorities to put in place as a matter of priority a witness protection law offering clear and effective security for victims and witnesses to come forward without fear of reprisal; wishes to ascertain the prospects of resumption of the debate on a witness protection bill and its adoption;

6. Reaffirms, moreover,that if the necessary will existed, the investigative authorities, instead of waiting for fresh evidence to be brought to their attention, would continue actively to seek such evidence; and urges them therefore to do so;

7. Recalls that Parliament, in the exercise of its oversight function, is entitled to follow an investigation, especially when it concerns one of its members; wishes therefore to ascertain the views of Parliament on taking such an initiative;

8. Requests the Secretary General to convey this resolution to the competent authorities and the source and to keep the Committee informed of any efforts to lend fresh impetus to the investigation, including any witness protection measures that may be taken;

9. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 126th IPU Assembly (March/April 2012).

Note: you can download a complete electronic version of the brochure "Results of the 125th IPU Assembly and related meetings" in PDF format (file size 718 Kb approximately). This version requires Adobe Acrobat Reader, which you can download free of charge.

HOME PAGEHUMAN RIGHTSMAIN AREAS OF ACTIVITYIPU STRUCTURE AND DOCUMENTS