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by Edither G. Perera
Retired Superintendent of Prisons

Time and again the question of reintroducing capital punishment has been initiated by certain politicians. Nevertheless no one was executed after 1977.

In 1994 Bharatha Lakshman Premachandra, submitted a motion in Parliament for the re-implementation of capital punishment. The motion read, "That with a view to building a law abiding and civilised society, the Parliament is of opinion that steps should be taken to re-implement capital punishment, which remains ineffective though imposed at present by Courts."

The most salient feature in this private member's motion was the consensus that prevailed amongst the Government and the opposition pertaining to the reintroduction of capital punishment. It was a rare occasion, where partisan politics was set aside, in the larger interest of the community and the country. However, this motion was not implemented.

Implement

Now Interior Minister John Amaratunga announced recently that he would propose to the Cabinet and Parliament to implement the death sentence not implemented since 1977 during the period of J. R. Jayewardene.

Minister Amaratunga visited the Welikada Prisons and inspected the gallows as well. As Minister of Interior he is aware of the heinous crimes committed today. Criminals have scant respect for the law and people are murdered for trivial things. Murder, grievous hurt, rape, incest, gang robbery, thefts, extortion and intimidation are frequent occurrences today.

Capital punishment was abolished after Mahajana Eksath Peramuna came to power in 1956. But after a few years it was reintroduced. During the coalition regime from 1970-1977, only very bad cases of murder were executed. The last execution was in 1976. The accused was involved in a triple murder case at Yodakandiya in Tissamaharama in the latter part of 1971. The accused had a dispute with his paramour, an eighteen year old girl. He came with a knife to kill her. She ran and the accused failed to attack her. He killed her parents.

When he was running into the jungle, he forcibly took a teen-aged girl, raped her and killed her. In 1976, the President issued the normal order to the Superintendent, Welikada Prisons to execute him. This order of the President was carried out. That was the last execution, the Yodakandiya triple murder case.

Execution

When a person is convicted of murder in courts, he is brought with a strong escort to the prison. Unlike admitting other prisoners, those convicted of murder are admitted by two jailors, to ensure that at least one jailor is present to identify the convict, on the day of the execution. He is located in the Death Row, under strong security and taken out daily for exercise for half an hour.

Once the Superintendent receives a written order by the President stating the date for execution of a particular convict for murder, the prison administration prepares for the execution. The prisoner is informed to enable him to make his final appeal. The relations of the prisoners are informed. The technicians inspects the gallows. The particular religious dignitary is also informed. Action is taken to ensure that the executioner is in prison the previous day.

In the afternoon of the day before the execution, all the prisoners in the Death Row are removed to another section and the prisoner to be executed is moved to a cell closest to the gallows. The Superintendent, Medical Officer, Chief Jailor and the executioner measure the height of the prisoner and obtain his weight. With the information, the drop is calculated according to the table. Thereafter, to this same weight the drop is tested with a sand bag.

The execution takes place at about 8 a.m. in the presence of the Superintendent, Medical Officer, Chief Jailor, jailor identifying the prisoner after religious observances. Prison rule 257 stipulates, "that the body could be handed over to a relative or friend with an assurance that the corpse will be cremated or buried without unnecessary delay or public demonstration." If there is no one to accept the body, it will be buried at State expense or given to the Medical Faculty.

Since those convicted of murder are not executed, their terms are commuted to life imprisonment. At some stage they are released and lead a normal life.

On the other hand, what is the position of the dependents of the victim. They lose him for ever. If he is the sole breadwinner, the entire family is left destitute. Since it is not a normal death, it has its emotional effects on all the members of the family. Unlike the assailant who pays for the crime by a period of incarceration, the dependents and members of the family have to go through financial and emotional stress and trauma apart from losing the victim for ever. It is a pity that those affected from the crime are not compensated either from the assets of the criminal or failing which from the State.

Overcrowded

The prisons are overcrowded and bursting at their seams. The congestion affects the rehabilitation programme and prevents segregation of remand and convicted prisoners. At the moment, one of the main problems is drug offenders, leading to corruption. There should be separate drug rehabilitation centres, as in Singapore and Hong Kong.

It appears that Interior Minister John Amaratunga is keen to re-introduce capital punishment. However, the President with powers vested in her by the constitution has the discretion either to commute a person to a life sentence or order the death sentence. Consequently, the Minister should have a dialogue with the President.

During the last few years, there has been a rapid increase in grave crime, murder, incest, rape and extortion. We should consider capital punishment for these offices as well. the sole objective in enforcing capital punishment is to reduce these crimes and protect society. As the late Sir Winston Churchill said, "The mood and temper of the public in regard to the treatment of crime and criminals, is one of the unfailing tests of the civilisation of any country." The mood and public opinion of the community in Sri Lanka is for the re-implementation of capital punishment.

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