19th July 2018, Colombo, Sri Lanka: The undersigned civil society activists and groups in Sri Lanka express our deep concern about the decision of the Cabinet of Ministers to take steps towards implementing the death penalty. The death penalty has not been implemented in Sri Lanka since 1976, though it continues to remain as a punishment for certain categories of offences. According to media reports, the Cabinet of Ministers approved a proposal by President Maithripala Sirisena to take steps towards implementing the death penalty regarding persons who have been sentenced to death for drug offences and “who continue to operate the drug racket from their prison cells”.
We reiterate the objections made by several stakeholders in stating that;
- There is no empirical evidence to support the assertion that the death penalty has a deterrent value and that it reduces crime;
- Once imposed the death penalty cannot be reversed as such individuals could to be punished with death for crimes they did not commit;
- Enforcing the death penalty is contrary to Sri Lanka’s international obligations; and
- It is not the way a civilised society deals with crime, especially complicated crime in the nature of trafficking narcotics.
In this regard we welcome the observations of the Human Rights Commission of Sri Lanka (HRCSL) contained in letter dated 13th July 2018 addressed to President Sirisena which echoes the its previous letter to President Sirisena in January 2016 requesting him to take steps to abolish the death penalty. We urge the President, Prime Minister and the other members of the Cabinet of Ministers to seriously consider these recommendations by the HRCSL, which is statutorily mandated to advise the government in matters relating to the promotion and protection of human rights.
We are also concerned by a proposal reportedly approved by the Cabinet of Ministers at its meeting on 10th July 2018 to draft legislation that would allow the security forces to exercise some police powers for a period of two years to purportedly help the Police in “eradicating the drug menace in the country”. The military exercising police powers is unacceptable in a context where there is no on-going armed conflict. Military involvement in civilian activities has been a problem in post war Sri Lanka and the Government of Sri Lanka since 2010 has continuously promised to reduce the role of the military in civilian life. Whilst progress in this regard has been slow, this proposal if passed into law would be a mistake and a step in the wrong direction. The military’s training does not equip it to carry out policing functions effectively, as was seen when the military was summoned to deal with a protest in Rathupaswala in 2013, forcing the military to engage in policing functions can have disastrous consequences. Whilst the proposed bill is for a specific period of time, Sri Lanka’s experience with other similar legislation has shown that these types of laws eventually become a permanent fixture in the legal system.
There is no doubt about the need to curb narcotics in Sri Lanka, however the response of the Government of Sri Lanka needs to be carefully considered so as not to exacerbate existing problems. If the Government of Sri Lanka is serious about dealing with narcotics and drug trafficking it needs to among other things, focus on training the Police to deal with narcotics related crime and invest in modern equipment and technology to help investigations. The Government of Sri Lanka also needs to address the strong perception in society that politicians are involved in trafficking narcotics and/or are direct beneficiaries of money derived from such activities. Implementing the death penalty and using the security forces would do little to solve the problem and in the long run would only compound the rule of law problems in Sri Lanka.
Signatories
Individuals
- D. Rajani
- R.A Ramees
- Aaranya Rajasingam
- Ainslie Joseph
- Anithra Varia
- Annouchka Wijesinghe
- Anoma Wijewardene
- Anushaya Collure
- Aritha Wickramasinghe
- Asma Rahman
- Gowthaman
- Bishop Kumara Illangasinghe
- Bhavani Fonseka
- Brito Fernando
- Chandra Jayaratne
- Chandraguptha Thenuwara
- Chulani Kodikara
- Cyril Pathiranage
- Danesh Casie Chetty
- Deanne Uyangoda
- Deekshya Illangasinghe
- Daya Somasundaram
- P. Saravanamuttu
- Selvy Thiruchandran
- Faaiz Ameer
- J. M. Joseph Jeyaseelan
- Sarath Iddamalgoda
- Gamini Viyangoda
- Godfrey Yogarajah
- Iromi Perera
- Ishara Danasekara
- Jayanta de S Wijeratne
- Jayanthi Samaraweera Gunewardena
- Jeanne Samuel
- Juwairiya Mohideen
- Aingkaran
- S. Ratnavale
- Lahiru Kithalagama
- Lionel Guruge
- Luwie Ganeshathasan
- Mahaluxmy Kurushanthan
- Mario Gomez
- Mujeebur Rahman
- Nagulan Nesiah
- Nigel Nugawela
- Muthulingam
- Prabodha Rathnayaka
- Jayadeva Uyangoda
- Raisa Wickrematunge
- Ramya Chamalie Jirasinghe
- Rohana Jayaratne
- Rohini Weerasinghe Weerasinghe
- Ruki Fernando
- P Pushpakanthan
- Sakina Moinudeen
- Sampath Samarakoon
- Sandun Thudugala
- Sanjana Hattotuwa
- Sarah Arumugam
- Selvaraj Rajasegar
- Senel Wanniarachchi
- Shalini Wickramasuriya
- Shalomi Daniel
- Sharanya Sekaram
- Shreen Saroor
- Noeline Christine Fernando
- Subha Wijesiriwardena
- Sumika Perera
- Sunela Jayewardene
- Sunethra Bandaranaike
- Tanuja Thurairajah
- Samuel J. Ponniah
Organisations
- Alliance Development Trust
- Centre for Human Rights Development
- Centre for Policy Alternatives
- Families of the Disappeared
- Hashtag Generation
- INFORM Human Rights Documentation Centre
- Institute of Social Development
- International Centre for Ethnic Studies
- Law and Society Trust
- Manawa Shakthi Padanama, Galle
- Mannar Women’s Development Federation
- Muslim Women Development Trust
- National Peace Council
- Rights Now Collective for Democracy
- Rural Development Foundation
- The Grassrooted Trust
- Women’s Action Network
- Women’s Resource Centre