BASL calls for transparency in President's decision to pardon prisoners

The Bar Association of Sri Lanka (BASL) has called for “transparency” in the decision making process of a President to pardon a prisoner.

In a letter to President Maithripala Sirisena, BASL raised concerns on the President’s decision to pardon Anthony Jayamaha – a death row convict in the Roya Park murder case, last week.

Jayamaha, whom the President said had served his term on “good discipline", was convicted of murdering Swedish youth Yvonne Johnson in 2005.

Referring to Article 34 (1) of the constitution, BASL said the President should call for a report from the judge who tried the case when an offender has been sentenced to death.

That report should be forwarded to the Attorney General for his opinion which would be sent to the Justice Minister who would issue a recommendation.

“Any pardon granted under the Article 34(1) without due regard to any of the above factors, would establish a bad precedent which would be adverse to the very concept of Rule of Law,” BASL President President’s Counsel Kalinga Indatissa said in the letter.

PC Indatissa added that the BASL's Executive Committee believes that the President’s power to pardon a prisoner should not be exercised "arbitrarily or in a selective manner".

Accordingly, BASL queried as to whether the steps set out in the constitution were following prior to the recent decision.

The letter also raised questions on the circumstances which were considered while pardoning Jayamaha, and the reasons as to why his case stands out from the others who are currently serving similar sentences.

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