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The death penalty : some considerations

by Nadira Gunatilleke

According to Government sources the death penalty is to be reinforced soon to bring down the rising crime rate in Sri Lanka. The issue of re-inforcing "the gallows" will be taken up in Parliament shortly. Final approval has to be granted by the President to re-implement the penalty.

The general opinion on this issue has a long history and from the beginning most people demanded the re-implementation of the death penalty for hard core criminals while some human rights activists and religious opposed the idea.

According to Siriyawathi, 69, the mother of a young daughter who had been killed a few years back by a gang of robbers after having been raped, said that she wants the death penalty to be re-inforced for the sake of the young daughters of mother Lanka. "My daughter was killed by a gang of robbers. They raped her several times before killing her and they raped her dead body in front of my eyes.

I did my best to save her but I failed. I believe that it was my responsibility to save her and I will never forgive myself for it. Now I am 69 years old and living alone. I lost my husband one year ago and there is nobody to look after me. She was my only daughter and I want her back or her killers and their daughters should be killed in the same manner. I will be able to sleep peacefully only after that day. But I know it is impossible, death penalty is my only hope", she poured her heart out while being overcome with anger.

Wasantha, 38, a young widow whose husband apparently was killed by his best friend two years ago said that the friend killed him by poisoning him to have her and their property. "I did not let it happen but I lost my beloved husband. We got married after an eight year courtship. We had little twin daughters. My late husband was a kind of god. I will never meet such a man during my journey through `Sansara'.

One year before his death the left part of my body was paralysed due to a sickness and he looked after me just like my mother. He cleaned me, fed me and took me all over the country searching Ayurvedic doctors to cure my sickness. Finally I was able to walk because of his courage. I will give anything including my own life to get justice done for him".

Jagath, 27, a young businessman who lost his parents, two sisters and one brother after a group of thugs set fire to his house said that "during the 1988-1989 rebellion I was a strong supporter of the Government. I was threatened by a certain political group and I was asked to quit politics and my business. I obeyed them and quit politics but I did not stop my business because that was the only income we had. I had to feed six mouths.

After one week I travelled to Colombo for a business purpose and before I returned the so called political party set fire to my house after locking all doors and windows. They burnt my whole family alive.

After that incident I was admitted to Angoda Mental hospital and now I am a volunteer attached to an elders' home. Two of the persons who destroyed my family got married recently. Others in the same group are doing politics as usual. What about myself ? Is it me who deserves death penalty for not taking revenge?"

Sandya, 34, the mother of a 13 year old girl (a victim of rape) said that her little daughter was molested by her own father, the husband of Sandya. "Now my husband is serving a prison sentence for his crime. My only child lost her purity. But I will never ever throw her away. She is my own flesh and blood.

"All of our relatives and the villagers know about this incident and my daughter will have this `tag' even after her death. Society will not allow her to lead a normal life. I will look after her forever. For me raping one's own daughter is similar to eating your own flesh and drinking your own blood. It happened in my home. I want to see that beast hanging in public.

A Human Rights activist who did not want to be named said that the perpetrators also have human rights and it is the responsibility of the Government to safeguard their rights. "We have to treat all human beings equally and cannot ill treat some of them because of their alleged behaviour. If there is a necessity to re-inforce the death penalty there should be a merciful way of implementing it.

"We can use the methods that are practised by other countries in the world such as the electric chair and the lethal injection other than hanging them with a rough cable. You have to respect the rights and wishes of the person who is going to be killed.

The most important thing in implementing the death penalty is that it should be always decided on by a panel of judges (jury) and not by a single person such as the President or a group of any other persons. It is not justifiable that a human being's life depends on a decision taken by one person or a group of persons who are not independent", he added.

It is the responsibility of the Government to safeguard each citizen of the country.

When the Government re-inforces the death penalty perhaps criminals will think twice before committing offences.

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