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President’s ‘death to drug offenders’ bid hangs in the air
Confusion regarding President Maithripala Sirisena’s claim that he would re-implement the death penalty on convicted drug traffickers deepened this week with the government yet to clarify if and when the death penalty will be implemented.
Confusion reigned as civil society organisations and foreign governments continued to ramp up pressure on the government to halt any move to reintroduce the death penalty.
Even government ministers expressed contradictory views. Law & Order Minister Ranjith Madduma Bandara reiterated to the Sunday Times that President Sirisena’s proposal to implement capital punishment for convicted drug traffickers who engage in drug dealing from within prison was approved “unanimously” by Cabinet.
However, National Co-Existence, Dialogue and Official Languages Minister, Mano Ganesan said no final decision has been taken and he expected the President will discuss it with the Cabinet at the next meeting on Tuesday (24). “Ultimately, it’s not the Cabinet but the President who will have to take a decision. His statement about capital punishment has created a healthy dialogue in society, which is a good thing. There are pros and cons on both sides of the argument and we look forward to the President seeking input from ministers before taking a decision,” Mr. Ganesan stressed.
Last week, the Prisons Department forwarded a list of 18 names of inmates to the Justice Ministry. The list contains names of inmates currently on death row after being sentenced for drug trafficking. According to Prisons Department sources, the list does not contain the names of many of the notorious ‘drug kingpins’ whose names have become well known in the recent past. This is because they have appealed against their death sentences that are still pending in courts. The first name in the list is that of a woman. She had been sentenced to death in 2011 for the possession and trafficking of 45.3 grams of heroin in 2004. While out on bail during the trial for her first offence, the accused was arrested in 2010 again for possessing 18.5 grams of heroin. This second case is still pending in court.
Although these 18 names have been sent to the Ministry, it does not mean that any of them are anywhere near having their death warrants signed, said a senior Justice Ministry official. “There’s plenty to be done before sending the names to the President’s office,” the official stressed. Indeed, according to a senior attorney-at-law, who spoke on grounds of anonymity, the President must have access to five reports pertaining to each prisoner before he can consider signing a death warrant. The Executive must have access to the report of the judge who imposed the sentence, and reports from the Attorney General, the Justice Ministry, the Commissioner General of Prisons and the Prisons Medical officer. The President’s Secretary must then go through all the reports to see if any of them contain contradictions. “The President can only sign the death warrant if there are no such contradictions in any of these reports,” he insisted.
Legal arguments meanwhile have revolved around the President’s statement. Minister Madduma Bandara opined that if there was conclusive proof that a condemned prisoner was continuing to engage in directing the drug trade from prison, then the President would be within his rights to sign the declaration to implement the death penalty on that individual. That assertion drew a quick rebuttal from U.R. De Silva PC, President of the Bar Association of Sri Lanka (BASL). Mr De Silva pointed out that the President had publicly explained the criteria for signing the death warrant.
“In our legal system, no one is guilty until proven beyond reasonable doubt in a court of law. As such, the President cannot sign a death warrant just because someone says that a prisoner is engaged in drug trafficking from within prison. The information has to be sent to the Attorney General who must then prepare indictments and serve them against the accused. If he or she is convicted after a trial, then, as per the criteria given by the President, it is possible for the death penalty to be implemented.”
If prisoners on death row are engaged in narcotics trafficking from within prison, then the prisons system itself should also be blamed for allowing it to happen, the BASL President further remarked. He pointed out that such prisoners are housed separately from other inmates and are subjected to far more rigorous security meassures. Therefore, if such things are happening, then prisons officers should also be punished, he argued.
There was also the issue of uniformity within the law. Under the current laws, an accused who possesses two or more grams of heroin can be sentenced to death or life imprisonment if found guilty. There have been instances however, where judges have handed out life sentences for those found guilty of possessing as much as five to six kilograms of heroin while the death sentence has been imposed on others for possessing even six grams of heroin, Mr. De Silva revealed. As such, amendments need to be introduced first to ensure there is uniformity in narcotics related sentences, he further noted.
Mr. De Silva said the BASL will seek a meeting with President Sirisena to brief him on these and other concerns regarding the government’s intention to re-introduce capital punishment.
The Joint Opposition (JO) meanwhile, heaped scorn on the government’s claim of re-introducing the death penalty. Nuwara Eliya District JO MP C.B. Rathnayake said he personally supports the death penalty, but insisted extensive legal reforms needed to take place to ensure justice is applied equally to all before that happens.
He criticised the government for conducting a ‘media circus’ over the death penalty issue.
“You have to ask if ending the moratorium on the death penalty, which has been in force since 1976, can suddenly ensure justice for all, particularly at a time when even certain government ministers are publicly questioning the competency of the courts and the justice system,” he said.
Mr. Rathnayake pointed out that the European Union (EU) had already warned that Sri Lanka would lose the GSP Plus concession if it went ahead with plans to re-implement the death penalty, and predicted the government would cave into such pressure.
| Three missions write to President Sirisena | |
| The EU Delegation in Sri Lanka along with the High Commissioner of Canada and the Ambassador of Norway issued a media release on Monday stating they had written to President Maithripala Sirisena seeking to verify “the worrying information” in the public domain about the intention of the Sri Lankan government to resume implementing the death penalty. “The mentioned diplomatic missions have made known in their letter that they strongly and unequivocally oppose capital punishment in all circumstances and in all cases. The death penalty is incompatible with human dignity, does not have any proven deterrent effect, and allows judicial errors to become fatal and irreversible,” the release stated. President Sirisena was overseas at the time the letter was sent to him and only returned to the country on Friday. An official at the EU Delegation Office in Colombo said there had been no new developments since the letter. Foreign media reports quoting an EU diplomatic source, said Sri Lanka would “immediately” lose the GSP Plus status if it resumed capital punishment. The GSP Plus concession was only restored to Sri Lanka in May, last year, after a lapse of seven years. |
| NCCSL reiterates its stance of opposition to death penalty | |
| The National Christian Council of Sri Lanka (NCCSL) has expressed sorrow and regret over the decision to implement legislation applying the death penalty to those found guilty by law for drug related offences. In a media release, the NCCSL reiterated its continued opposition to the death penalty. The NCCSL stated that the primary course of action in addressing drug related offences should be the prevention of the entry of drugs into the country and the dismantling of operations by the drug mafia. It further opined that a campaign should be initiated to create public awareness on the dangers of drug abuse and the independence of the police and the judiciary strengthened to ensure that any political patronage that sustains such crimes is defeated. It also called for overall reforms to the prisons system. “This issue, we believe is one that touches the very essence and value of human life and the National Christian Council of Sri Lanka (NCCSL) will at all times uphold the sanctity of life and engage in every effort to promote life in all its fullness,” the statement further stressed. |