Features
Death Penalty again in focus (Part I)
By Dr Jayampathy Wickramaratne,
President’s Counsel
On 26 June 2019, President Sirisena, who had been, for some time, talking about the need for the resumption of capital punishment, in respect of serious drug offenders, announced that he had signed the necessary papers to execute four drug offenders. His decision to reverse Sri Lanka’s 43-year-old moratorium, on capital punishment, evoked concern, both in and outside the country, including from the UN Secretary-General.
The decision was challenged in the Supreme Court by several petitioners, who contended that it had been recognised, and is an accepted norm, that drug-related offences are not classified among the most serious types of offences. There was thus no rational basis for the President’s selective choice of whom to execute, especially considering that he has commuted the death sentences of persons convicted of far more serious types of crimes. It was also an act which would have far-reaching consequences on the country and its citizenry and is irreversible. It cannot, therefore, be carried out, based on the whims and fancies of one person, acting contrary to the position of the State, as a whole. Many death row inmates have been in post-conviction custody for a long period of time, and the belated implementation of the death penalty would be contrary to due process of law. The President’s decision to implement the death penalty was thus arbitrary and irrational and violative of Article 12(1) of the Constitution. It was further contended that even if the implementation of the death penalty was permissible, death by hanging is a cruel and inhumane method of execution (compared to more humane forms, such as lethal injection) and, as such, also amounts to cruel, inhumane and degrading treatment, within the meaning of Article 11 of the Constitution. Executing the death penalty on persons who have already served a long period of imprisonment amounted to a dual punishment: lengthy incarceration, under very severe conditions, followed by an execution.
On 05 July 2019, the Supreme Court issued an interim order staying the execution of the death penalty. The interim order was extended from time to time. On 23 February 2023, the Attorney-General informed the Court that President Wickremesinghe would not sign any warrant of execution. The Court terminated the proceedings, reserving the right of the petitioners to revive the cases in the event of an imminent threat of any execution being carried out in the future.
A few days later, on 01 March 2023, Opposition and SJB leader Sajith Premadasa told an election rally that those convicted of terrorism, including the Easter Sunday bombings, and trading in drugs, would be executed under an SJB government, even though that would be opposed by liberals. SJB stalwart Eran Wickramaratne was quick to respond that the SJB did not have an official position on the death penalty. On 22 October 2020, Premadasa had told Parliament that the death penalty should be carried out on those convicted of terrorism, and involvement in the drugs trade, as a business. When Minister Sabry asked him whether that was his personal opinionm or that of his party, Premadasa confirmed that it was the position of the party.
Eran Wickramaratne, an economist and liberal, is no doubt aware of the consequences of his Party, even speaking in favour of the death penalty, while in the Opposition, let alone executing convicts when in power. After President Sirisena began talking about resuming the death penalty, Heads of Missions (HoMs) of the European Union, in Sri Lanka, called for abolishing the death penalty, after meeting a group of government legislators. ‘The HoMs reiterated their call to Sri Lanka to maintain its moratorium, on the death penalty, with a view towards complete abolition. During the meeting, the HoMs restated the strong and unequivocal opposition of the EU, and its Member States, to capital punishment, in all circumstances, and in all cases,’ a statement from the EU Delegation in Sri Lanka said. ‘If Sri Lanka resumes capital punishment, Colombo will immediately lose the GSP Plus status’, an EU diplomatic source had told the AFP.
Premadasa’s position is not new. When MPs Hirunika Premachandra and Ranjan Ramanayake moved an adjournment motion, in the last Parliament, in October 2015, calling for the execution of those convicted of raping children, and killing them, Premadasa expressed similar views. The large majority of Members who spoke on the motion were opposed to the death penalty, both from a human rights perspective, as well as a criminal justice point of view.
The writer participated in the debate and cited the landmark case of Makwanyane where the South African Constitutional Court held that the death penalty was inconsistent with the Interim Constitution of South Africa. Justice Chaskalson famously stated that the greatest deterrent to crime is not the death penalty but ‘the likelihood that offenders will be apprehended, convicted and punished’, adding what is true for most countries: ‘It is that which is lacking in our criminal justice system.’
The Left in Sri Lanka has always been against the death penalty. Dr N.M. Perera, speaking in the State Council, on 20 November 1936, opposed the idea of ‘an eye for an eye, a tooth for a tooth.’ During the Parliamentary debate to abolish the death penalty, in 1956, Dr Colvin R. de Silva said, ‘Of all things that the State may take away from man, there is one thing which if you take away you cannot only not return, but you can never compensate him for, that is his life. You may put a man in prison and deprive his liberty. You cannot, of course, return him the days he was in prison, but you may, in some degree, compensate him, in other ways, for the wrong that is recognised to have been done when you locked him away. But, if you take his life, you may compensate his dependants, and his relatives, but never can you give him anything adequate, or inadequate, to replace that which was taken from him. Once you are dead you can never be brought back to life again.’
Being one of the finest criminal lawyers this country has produced, Dr de Silva surely knew the frailties of our criminal justice system. In Makwanyane, Justice Mahomed commented on the irreversibility of the death penalty if it is later found that an innocent person had been executed: ‘Its inherently irreversible consequence, makes any reparation, or correction, impossible, if subsequent events establish, as they have sometimes done, the innocence of the executed, or circumstances which demonstrate manifestly that he did not deserve the sentence of death.’
Innocent but sentenced/executed
Criminal justice history is replete with cases of innocents executed, including from countries claiming to have better criminal justice processes. In England, Timothy Evans was executed, in 1950, for murdering a woman. Three years later, serial killer John Christie admitted responsibility for killing six women, including the woman Evans purportedly killed! In Russia, in February 1994, serial killer Andrei Chikatilo was executed for the highly publicised murders of 52 people. The authorities acknowledged that they had previously executed the ‘wrong man,’ Alexander Kravchenko, for one of the murders, in their desire ‘to stop the killings quickly.’
Knee-jerk reactions to terrorism, at the expense of human rights, are common. The cases of the Guildford Four and the Maguire Seven, related to the conflict in Northern Ireland, may be mentioned. Four persons were sentenced to life imprisonment, in 1975, in the Guildford Four case, convicted of bombings carried out at the Guildford Pub, in 1974, by the Provisional Irish Republican Army. The Guildford Four’s claims that their confessions had been extracted by force were rejected by the trial court. The court expressed regret that the Four had not been charged with treason, which still carried the death penalty. Years later, evidence pointing to the innocence of the accused, but concealed from the trial court, surfaced. They were released in October 1989 after their convictions were quashed on the basis of the evidence discovered.
The Maguire Seven were charged with possessing nitroglycerine, allegedly passed to the IRA to make bombs, in December 1974. They were tried and convicted in 1976 despite the accused claiming their alleged confessions were obtained under severe duress. They were sentenced to imprisonment, and their appeals failed. Later, evidence that the London Metropolitan Police beat some of the accused into confessing to the crimes and withheld information that was favourable to them surfaced. This led to the convictions being quashed in 1991 in a special appeal.
H.G. Dharmadasa, a former Commissioner of Prisons, who witnessed seven judicial hangings, told the Daily FT, in July 2019, that there is no guarantee that an innocent would not be executed, however watertight the case may seem. ‘Judges and juries can make mistakes, and the manner in which crimes are sensationalised in the media often blur the line between fact and fiction and can influence judgments. You can hang 100 guilty men, but if you hang one innocent man, the system is a failure,’ Dharmadasa opined.
(To be concluded)
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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