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by Edither G. Perera

(Retired Superintendent of Prisons)

Time and again, the question of reintroducing of capital punishment has been initiated by certain politicians. Nevertheless no one was executed after 1976.

Capital punishment was abolished after the Mahajana Eksath Peramuna came to power in 1956. But a few years later it was reintroduced. During the coalition regime from 1970-1977, only very bad cases of murder were executed.

With the increase in grave crime, in 1994, Member of Parliament, 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 implement capital punishment, which remains ineffective, though imposed at present by courts.

The most salient feature in this motion, was the consensus that prevailed amongst the Government and Opposition in regard to this motion. However, the motion was no implemented.

Subsequently, former Interior Minister John Amaratunga announced that he would propose to the Cabinet and Parliament to implement the death sentence. He visited the Welikada prisons and inspected the gallows. His efforts proved futile.

Break down in law and order. Criminals have scant respect for law and order. Murder, trafficking in narcotics, rape, contract killings, gang robberies, bank robberies, incest, extortion, threats and intimidation are very frequent occurrences today.

Brutal murders. Some very gruesome murders have been committed in the recent past, due to the deactivation of the death penalty, such as one innocent child Sadeepa Lakshan, in the course of extortion, Hokandara rape and murders due to a property dispute, murder of Gerald Perera, a torture victim, gang rape and murder of Rita John, just after marriage, murder of Sujeewa Perera, an Accountant of Bodyline, in the presence of his wife, to rob the luxury vehicle given to him by his firm after his promotion, attempted rape of a High Court Judge and finally the brutal slaying of that eminent and fearless High Court Judge by a narcotics dealers for performing his functions efficiently and impartially, under similar circumstances, a Customs officer, who was involved in an investigation was also killed.

Last execution in 1976

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.

In 1976, the Governor General issued the order to the Superintendent, Welikada Prisons to execute him. This order was carried out. That was the last execution, the Yodakandiya triple murder case.

Change of constitution: In 1978, after the change of the constitution, the authority to order executions was vested in the President, who is a politician. None of the Presidents carried out the death sentence.

Contract killing: With over fifty thousand army deserters at large trained in the use of sophisticated firearms, without a proper vocation, contract killing is the order of the day. The only item where the cost has come down is contract killing.

Prison statistics: According to the Commissioner General of Prisons, there are 49 condemned prisoners in the death row at the Welikada and Bogambara prisons, whose appeals have been rejected and 150 condemned prisoners, who have appealed in respect of the death sentence.

Safeguards: Reports are submitted by the Trial Judge, Attorney General and the Ministry of Justice to the President in respect of convict sentenced to death, to assist the President in respect of the final decision for or against the death sentence.

Human rights organisations: Amnesty International and Human Rights organisations are against the death sentence. However, have they ever considered the plight of the victims and their dependents, the eternal stress, trauma, emotional and financial implications. What have they done to alleviate the suffering of the dependents.

Swift and deterrent punishment should be meted out to these heartless criminals who are beyond correction and a threat to society. If life is precious for the murderer, it should be much more for the victim and his dependents. This should be the ideal for these organisations.

Enforcement of the death penalty: Lawlessness in the country is at its lowest ebb. This led to the brutal slaying of that eminent and fearless High Court Judge Sarath Ambepitiya for performing his functions efficiently and impartially.

This was a shock for the Government, the judiciary and the community. For the first time in the history of Sri Lanka, a judge paid the supreme penalty in the midst of discharging his official responsibilities.

The Presidential Secretariat quickly responded by enforcing the death penalty for murder, narcotic related offences with immediate effect.

Procedure after conviction

When a person is convicted for murder in courts, he is brought to the prison, with a strong armed escort. Unlike admitting other prisoners, those convicted for 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.

Preliminaries prior to execution

Once the execution is confirmed by the President, the prison administration initiates, to prepare for the execution. The prisoner is informed to enable him to make his final appeal. The relations of the prisoner are informed.

The religious dignitary is informed to perform the religious rites. The technician inspects the gallows. Arrangements are made for the executioner to be in the 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 the cell closest to the gallows.

The Superintendent, Medical Officer, Chief Jailor, and the executioner are present when the height and weight of the prisoner are checked. With these particulars, the drop is calculated according to the table. Thereafter, according to this, height and weight, the drop is tested with a sand bag.

Execution

The execution takes place at about 8 a.m. in the presence of the Superintendent, Medical Officer, the Chief Jailor and the Jailor identifying the prisoner after religious observances.

Handing over of body

Prison Rule 267 stipulates, that the body should 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.

Compensation

There should be provision to compensate the dependents either from the assets of the prisoner or by the State or both.

Objective

The sole objective in enforcing capital punishment for murder, drug-related offences and rape 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 enforcement of capital punishment.

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