Sunday Times 2
Is the death sentence the answer to the rise in crime
The clamour for the death sentence is a sudden reaction under provocation, but the provocation itself is not grave and sudden to be even mitigated. The spate of crime has been rising over a period of time with no serious attempt by those accountable to contain it.
There are many reasons against the death sentence - the main reason being the probable sentencing of innocent victims of the corrupt criminal justice system
Causes are many, varying, and spread over a period of time. Criminals responsible for the present trend of crimes that has suddenly attracted the attention of the people who are clamouring for the death sentence, are mostly frustrated youth exploited by narco politicians, and the youth end up as drug addicts and sadists who place no value to their own lives and hence to lives of others. The death sentence will not deter such elements.
Besides this there are many reasons against the death sentence – the main reason being the probable sentencing of innocent victims of the corrupt criminal justice system. This corrupt system has not been unknown, but picked up by the media only after it was clearly articulated and exposed in parliament recently. Till then only the Police was the bashing boy of the media. I am personally aware of how suspects have been ‘fixed’ in the prevailing criminal justice system which comprises the Judiciary, the Attorney General’s Department, Police and Prisons (corrective services). Lawyers too are culprits of ‘fixing’ suspects in serious crimes for which death sentence is the punishment.
I am aware of how a President’s Counsel appearing on behalf of Lalith Athulathmudali’s (LA) family, in the investigation into the murder of LA, manipulated evidence of an eye witness by coaching him in order to frame a chosen suspect. Fortunately for the suspect, the eye witness went back on his statement under cross examination and informed court that his earlier statement was made at the insistance of his lawyer.
LA’s assassination was later taken up before a Presidential Commission of Inquiry. I was required to testify before this Commission. The Chairman of the Commission who was a Supreme Court Judge, tried to elicit from me as evidence some information he had discussed with me earlier. I declined to testify stating that it was hearsay. The Judge was very cross with me and showed it in no uncertain terms.
As often happens, injustices meted out in lesser offences lead to major offences for which death sentence is the punishment. As Director Special Branch I had occasion to be present with DIG/ CID and was privy to a discussion of DIG/ CID with the then Executive President, and the Solicitor General in turns. It was about a complaint of criminal defamation made by the President against an editor of a newspaper. The President gave directions that indictment be served on the editor and this direction was conveyed to the Solicitor General who complied and filed indictment. Due to the publicity generated in this case, the same fate that befell editor Lasantha Wickramatunga and Ekneligoda could well have been the fate of this editor too and the investigation then handled by the same CID and the AG’s officers with similar results as in the cases of LW or Ekneligoda.
The Police too for varying reasons fabricate evidence even in offences where capital punishment is the sentence. During the 1988 -89 JVP insurrection, a reserve police constable who had worked with me earlier, and was subsequently posted to the Ganemulla Police, was implicated in a murder along with two other police officers. The suspect police officers were in the custody of the CID who were investigating the case. The particular constable I speak of was a very good worker and I was shocked on hearing the news. I however felt obliged to visit him and did so with permission from the CID. I spoke to him in the presence of the CID and he told me he had done nothing wrong. An ASP who also had worked with me earlier was in charge of the investigation. About a week later I inquired from the ASP about the position of the investigation and he told me that the constable had made a confession about the murder and I left it at that.
When the suspect police officers were produced before the magistrate to have their confessions recorded and they had the first opportunity to complain, they had complained to the magistrate that their signatures were obtained under duress for statements they never made. The magistrate recorded their complaints and not the confession.
The R/constable known to me however, was not remobilized as the CID had recommended against it. The next time he saw me was with this grievance and I happened to be Director handling Police grievances. Having looked into the matter fully, I recommended that he be remobilized. The IG Police made the order accordingly. The Constable is now a Police Sergeant in the regular service, working with full acceptance of his superiors.
A well considered answer must be found to contain the rise in crime without looking for a quick fix remedy. Uplifting the moral standards of the people is obviously the main answer to the moral turpitude that is currently prevailing in the country. Religious teachings should play a dominant part in this regard and the Government should encourage the priesthood with logistical assistance only and leave it to the priesthood to play their role alone without political abuse of religion.
We are now witnessing how corrupt politicians involved in narcotics and other underworld activities, who are responsible for corrupting the youth and discarded by the people in the last general elections, have been appointed to parliament through the national list and also given ministerial portfolios. If I may use a famous quote, it is ‘a puzzle within a riddle wrapped in an enigma’, that President Sirisena is yet to explain to the people who elected him on the promise of good governance which is still a far cry.
Executing the ‘poor devils’ who are victims of political expediency and corruption and a corrupt criminal justice system, is certainly not the answer. Where are the corrective services? The real culprits are found elsewhere, quite comfortable occupying seats of power.
(The writer is a Retired Senior Superintendent of Police.)