HRC recommends Govt to abolish death penalty

The Human Rights Commission of Sri Lanka (HRCSL)  urged President Maithripala Sirisena to abolish the death penalty in Sri Lanka in keeping with Sri Lanka’s commitment to a more humane society consonant with human rights principles and values.

The Commisssion which is headed by Dr Deepika Udagama informed the President in a written letter that the death penalty is imperative for Sri Lanka in recognition of the growing global recognition that the death penalty seriously violates several human rights including the right to life and freedom from cruel and inhuman punishment, is an extreme and irreversible punishment and is ineffective as a deterrent to crime.

“Your Excellency’s attention is drawn to the Second Optional Protocol to the international Covenant on Civil and Political Rights, adopted by the UN General Assembly by resolution 441728 of 15th December 1989 which calls for the abolition of the death penalty. lts Preamble declares that the abolition of the death penalty contributes to the enhancement of human dignity and progressive development of human rights. ln keeping with Sri Lanka’s commitment to improving human rights protection in the country we recommend that Sri Lanka accede to the Protocol and take steps to abolish the death penalty,” the Human Rights Commission of Sri Lanka said.

“There is no empirical data, to show that death penalty has caused a reduction in crime or has a deterrent effect on crime. Despite constitutional safeguards, including the appeals process and recommendations being called from the trial judge, the Attorney General and Minister of Justice, it is the view of the Commission that there is always the risk of innocent persons being executed for crimes which they did not commit. It is the view of the Commission that in view of the serious flaws which exist in the criminal justice system coupled with Sri Lanka, unlike other countries, not having a process permitting the reopening of a criminal case after exhaustion of the appeals procedures, there is a serious risk of a miscarriage of justice,” HRCSL said.

The Commission also noted that in the United States , Canada and the United Kingdom there have been several occasions where people wrongly convicted have been released from death row or prison decades later, the most recent being a U.S. man who was released in November in Louisiana after serving 23 years in prison for several crimes, because the judge found he did not obtain a fair trail.

The full letter can be accessed here:RECOMMENDATION TO ABOLISH THE DEATH PENALTY IN SRI LANKA -E