Capital punishment - an attempt to satisfy emotional anger

Bandula Wijayaratne

JUDICIAL SYSTEM: There have been many instances of persons writing to newspapers and being engaged in discussions stating that capital punishment should be "reintroduced" in Sri Lanka and carried out in certain types of conviction, particularly murder convictions.

Citizens of Sri Lanka, we should never allow capital punishment, regardless of how horrendous the crime. Introduction of it would lead us back to the dark ages.

I cannot give all the arguments against capital punishment in an article of this size. I will attempt to highlight some of the more salient points.

1. There is no such system as a perfect system of justice because a judicial system is enforced by people and people are fallible.

Although most "developed" countries strive towards it, there have been many cases of wrongful convictions where new evidence has been presented years later which have proven that the persons convicted were innocent. Indeed, there have been many cases where persons have been put to death who were later found to be innocent of the crimes for which they were convicted.

Many examples of this can be provided if necessary. This is the very reason why some of the countries who used to have capital punishment in their statute books (e.g. UK) have now removed it. In a system where the judiciary needs much improvement, the chances of an innocent person being convicted can be very high.

2. It is a far worse crime to punish an innocent person than to let a guilty person walk free. That is why the proof of burden should be on the state and not the person being accused, which should always continue to be the case.

If a person is put to death and later found to be innocent, there is no chance of redress if any new evidence is found to the contrary. Indeed, the legal system will be reluctant to accept a failure on their part and will do the utmost to prevent hearing any new evidence that may come to light which could further spiral the legal system away from justice.

3. It is perfectly correct to pass a death sentence where convictions are obtained for horrendous crimes, to reflect the enormity of the crime.

However, such sentences should always be automatically commuted to life imprisonment and the death sentence should never be carried out.

4. There are indeed persons who have committed serious crimes that will never reform and, given half a chance, will most likely commit an equally horrendous crime.

Those in favour of capital punishment argue as to why society should pay for the upkeep of such persons as prisoners.

The answer is very simple. It is not about those that are convicted. It is about the possibility of preventing innocent persons being put to death in a legal system that can be subject to human error, as there can never be any system that can be perfect.

In that regard, the price of sustaining those prisoners is a price that society has to accept to pay in terms of taxation etc. do not for one moment think that imprisonment is not enough. Imprisonment takes away a person's freedom and taking away that freedom is a major form of punishment.

5. Additionally, do not forget the pain and suffering that the family of the convicted person will have to go through if he or she is put to death. What right do we have as a society to cause them to go through a lifetime of suffering for no fault of their own.

If you support capital punishment, please put yourself in the shoes of a mother, father, brother, sister, husband, wife or friend who is put to death by the judicial system of a society. Causing such pain can never be justified because the loved ones of a convict cannot be held responsible for his or her crimes.

6. Think of the logistics of carrying out an execution. We are asking our judges to ask people to be killed and employ a person to murder in the form of an executioner.

What kind of society will it be with such persons living amongst us. Finally, I would like to remind those in favour of capital punishment that a judiciary of a developed nation should be about justice and not about revenge and providing satisfaction for our emotional anger.

Redress for the victim of a serious crime can be addressed with life imprisonment instead of death of the perpetrator, because imprisonment removes the perpetrator from society and severely curtails his or her freedom, which is a major form of punishment.

Capital punishment is not justice, it is revenge and an attempt to satisfy our emotional anger.

I would like to finish using the following quotation, the name of whose author I forget. He said "A nation can survive many wars, but a nation cannot survive the lack of justice", which I think is very apt for Sri Lanka.

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The death penalty for rape: a populist slogan

Vinay Naidoo

DEMANDS: Ever since 1998, when the then Indian Home Minister - and former Deputy Prime Minister-to-be - L.K. Advani propounded his 'death penalty to the rapist' stand, the debate over the effectiveness of such a step has sporadically continued.

Numerous women' s rights groups, as well as the 'National Commission for Women' (NCW), had rejected the death penalty for rape, outright. Their demands were straightforward:

- ensure that trials in rape cases are speeded up;

- set right that part of the law which frightens rape victims away from even complaining; and

- sensitise the judiciary and police to the trauma that the victims go through.

The National Crime Records Bureau Report of 2000, shows that between 1996 and 1999, the conviction rate for rape in police custody was zero. In such a situation, what use would the death penalty be? With an already low rate of conviction, introducing the death penalty is likely to further reduce the chances of conviction. Besides, the fear that the rapist will then find it safer to kill the victim and destroy all trace of evidence, is a very valid one.

The NCW has suggested enhancement of punishment for rapists - from the present 7, to 10 years; reduction in procedural delays in trials through special courts; and trials on a day-to-day or time-bound basis. The NCW found that the majority of the 18 state-level workshops which discussed this issue, had rejected the death penalty for rapists.

Lawyers who have dealt with women' s cases for many years point out that both the substantive and procedural laws relating to rape are inadequate. One major amendment required is that of Section 155(4) of the Indian Evidence Act, which allows a victim to be questioned about her sexual history.

This is a long-standing demand of the women' s movement, and the Law Commission subsequently recommended it to the government.

If ever an example were needed of what ails our rape laws, one has only to look at the result of the post-Godhra assaults on the Muslim women of Gujarat. Bodies of rape victims were burnt beyond recognition, meaning that their rapists will roam around free because 'the evidence' of rape no longer exists.

Also, a delay in filing an first information report with the police, or an inability to seek medical treatment and thus furnish medical records, is cited as the 'victim's fault', rather than laid at the door of societal and family taboos.

In November 2002, the Union Cabinet approved an amendment to the Indian Evidence Act of 1872. The Law Commission of India in its 84th and 172nd reports also recommended the amendment, which seeks to de-bar questions related to general moral character in the cross-examination of a woman who has initiated proceedings against rape.

The history of the death penalty in the U.S. also has lessons for those who advocate expanding the crimes suitable to be punished by death.

The US experience is one in which the death penalty has been applied to an increasingly narrower class of crimes, and has excluded an increasingly broader group of defendants. To a significant extent, those restrictions on the death penalty parallel a fuller understanding of human rights around the world.

Early American criminal law was brought over substantially from England, and allowed the death penalty for many crimes. In the United States, the death penalty could be applied for murder, but also for rape, robbery, treason, and even blasphe-my.

Gradually, the list of death eligible crimes has been shortened to essentially one: murder. Laws continue to exist which allow the death penalty for other crimes, but no one is on the state or federal death rows for a crime that does not involve the death of another person.

The Supreme Court determined that the death penalty was a disproportionate punishment for the crime of rape in which the victim did not die. It reached a similar conclusion for the crime of robbery.

Even felony murder in which the defendant did not intend to kill or harm the victim and did not demonstrate a reckless indifference to human life by his actions, are not punishable by death - even if a victim dies.

These decisions stem from the Court's concept that "death is different" as a punishment a notion similar to the human rights precept that life can only be taken out of utmost necessity.

In India, as with most countries, an imminent execution for a heinous crime has a dramatic effect on 'public opinion', or at least the 'vocalisation' of public opinion by those who can seek to exploit the public bias.

In the time shortly prior to the last State-sanctioned execution in India (that of Dhananjoy Chatterjee, in August 2004) public opinion so swung in favour of the death penalty that even one of the most prominent women's organisations that had previously opposed capital punishment, made a U-turn and said that it supported the punishment in 'special cases' (Dhananjoy's crime was the brutal rape and murder of an 18 year-old high school girl resident in the accommodation in which he was a security guard).

Yet the death penalty in India is, in any case, imposed only in special cases that meet the 'rarest of the rare', standard laid down in the 'Bachan Singh' case. When the former Home Minister, in a populist mood, told parliament that he was willing to introduce the death penalty for rape if the women's organisations agreed, there was an outcry.

It was the certainty of punishment not the severity that was critical the woman's groups said. Yet, having ascended to power,all these principles were forgotten, and everyone followed the Chief Minister's wife when she took to the streets to campaign for the hanging.

The call for the death penalty for rape is the offering of a highly populist but simple-minded answer to an issue that is, at best, complex. What is clear, however, is that genuine law reform is the need, not playing to the public gallery.

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'NO' to death penalty

Mangalika Wijetunge

TRANSFORMATION: There is no gain saying that rape, child abuse and drug trafficking are some of the crimes, that are most detrimental to the society and the individuals today. It is more obligatory.

Prior to implementation of the death penalty, careful and analytical comprehensive view at grassroots level should be ascertained, thereby identifying the distinctive reasons for getting involved in these crimes.

As a Buddhist not only by birth and also by conviction, I staunchly believe and agree, that most supreme achievement one can gain, is to be born as a human being in this world. There is no denying that the 'Human' is the most precious, noble species in the world. When they are born to the world they are free of hatred, evil, corrupted sentiments in their minds.

Transformation of the human into different characters are being influenced by various factors. Social status, poverty, high competitiveness deriving through current trends etc. are some of the key factors.

If you measure the strength of the value of the Human being, without considering the other influential characteristic factors, value will be almost same, whether he or she is addicted to rape, child abuse or drug trafficking. Some turn out to be criminals and some turn out to be like saints. The difference of these occurrences between the birth and the transformation of the individual, are mostly the external influences which have transformed them to their retained positions.

When the character is spoilt and one becomes a criminal, it eventually turns out to be a major detrimental threat to the society, and tent seek for expeditious ways and means to eradicate this menace.

The proponents for the implementation of the death penalty are of the view, this most inhuman punishment would restrain the crimes to a considerable degree in the country, but it is only an imaginary basis and no proof has been arrived. There could be some restraint in these crimes in the society, but not by virtue but for the fear of death. With the extinction of these hapless people, can we consider this situation, has been redressed or developed in the Society?.

Certainly not. We would definitely have lost a valuable sector, who would have most probably been propelled into these activities through various areas as mentioned earlier.

Their immense contribution to the society and other areas could have been cultivated and instrumented through rehabilitation process to make it a prolific sector to the country.

The most alarming thing one could expect on this penalty, is the grave risk factor of victimising the innocent people.

There is also some sort of discrimination on the less privileged sector who will mostly be the victims of these crimes. Can we ever expect any drug trafficker to face this dilemma? They will shower all their wealth from top to bottom to escape the death penalty, and eventually an innocent poor person may become the victim. No comparison should be made with other countries with regard to the death punishment in Sri Lanka.

We are with different religious and ethical background, where we can hardly accept, that the death penalty could be deterrent to restrain the crime level in the country.

It is highly appreciated that most religious advisers, and other organisations are in the process of rehabilitating this sector with great interest and sacrifices. Rather than implementing the death punishment to extinct these people, isn't it better or more fruitful to look into the feasibilities to rectify their grievances for them to have fallen into these tracks, at deep root level, which have to be remedied with concerted efforts.

Today rape is rampant not only in the uncivilised society, but also in the civilised society as well. It has become conducive for the Government to take appropriate action to make an analytical view, to ascertain the probable reasons on the increase in this crime.

Today one of the major foreign exchange earnings to the country through private remittances who are employed abroad, of which major portion is the young women. One has to make a comprehensive and theoretical study why these young women have been compelled to go abroad, mostly leaving their husbands, children and loved ones.

They leave them with heavy heart with the pure intention to fulfil their basic requirements, which they can never dream of in this country with the prevailing circumstances.

This is a very tragic situation specially for young married couples who have been deprived of the family lives. Simultaneously some husbands lead gay lives with the easy money they get but hard earned money sent by the wives. Some may receive some exorbitant amounts, which they have never experienced in the fast, and invariably most of them tend to loose their tracks and get involved in illicit affairs.

In this context the government should not be myopic with the contentment of drawing the considerable portion of foreign currency which is much needed to the economy in the country, but detrimental consequences to the society and to the individuals are certainly much more than the benefits.

Almost every sector in the society such as parents, schools, religious leaders and media should play a significant role by exemplifying and depicting themselves with the moral values in the society.

In conclusion it is vehemently opposed for the implementation of this most cruel and inhuman punishment of 'Death Penalty', which also depicts a certain setback in the mainstream of the country, if they are to adopt this penalty.

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Go for a vote

K Anura Dissanayake

IMPORTANCE: It is a pity that our motherland does not have what the majority wants, let it be Governance, law and order, justice, discipline, quality of leaders, professionals, priority for poor, children, elders and women.

We as a nation go down in everything as a result and not a single good thing gets into ground due to a handful of opinion getting prominence and not what the country and the majority need.

Any child understands the importance and usefulness of Death Penalty and for that matter more severe punishment than at present for even other offenses.

So it's very simple. Whenever there is an election or as a separate vote, let the ballot paper have an additional box for voting for and against death penalty and the result would be obvious: that is 99.9% will be for it.

So at least do that way to make this a country to live without fear and with good discipline.

If we can vote and give powers to politicians in time to time after 1948, why not use the same voting and implement majority decision. What majority wants is always not correct.

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Death penalty - the best choice

Zameer M Seahabdeen

RELIGIOUS LAW: I am a Sri Lankan living in Saudi Arabia for the last 19 years and I firmly believe death penalty is the most practical and reliable choice of punishment in order to irradiate these forms of crimes.

Once upon a time Sri Lanka was a country with fewer crimes, but after the civil war and the introduction to the reality and imaginary tales of violent movies in the local TV programmes the way of thinking of our Sri Lankan society has considerably been changed. Currently the high rate of crime is in the USA.

I have witnessed several cases where persons easily escaped from major crimes by bribery to government authorities.

I am not favouring a religion or a country's law but unlike our country, Saudi Arabia follows the Islamic principles of disciplining the people by following the law of the religion and that is the very reason the crime rate is far less than any country in the world. Islam is a religion that shows how to practice what is being learnt in the Quran.

In Saudi Arabia you are not going to find people without limbs on the roads or everyday someone being beheaded. After few cases of punishments people refrain themselves from committing such crimes.

These punishments should not take indoors it should be in public. It is natural that humans sometimes lose control over wealth, greed and jealousy and start to behave like blood thirsty animals, so it becomes imperative that such law should be placed in effect to control.

All forms of crimes are growing at high rate in Sri Lanka and it is very important that this law should be implemented as immediately as possible. It is not simply a debate, if anyone who is against the notion of Death Penalty, that simply proves either they are directly or indirectly involved in such crimes.

With regard to drug, it is a big issue. Not only the drug trafficker should be put to death it should include the user as well. The user is the main root for everything, as he start using for himself he will create other addicts, then it becomes gangs and those gangs when run out of money they go stealing, and when it fails they never hesitate to kill anyone.

So it is very much justified that both parties should be put to death. When there is no user then there won't be any value for drugs at all. By putting these few criminals to death we save a huge population.

This law should not only include rape, child abuse, drug, but also those who favour such criminals and making them escape. Mostly those who make such criminals escape are some police authorities, and politicians they should be punished immediately.

My notion goes strongly for Death Penalty to recover our motherland from emerging criminals.