Home / FT View Editorial/ Dangerous policies

Dangerous policies


Comments / {{hitsCtrl.values.hits}} Views / Tuesday, 25 June 2019 00:00

Facebook

President Maithripala Sirisena is once again reported to be readying to implement the death penalty, raising concerns over implementing a policy that could have serious implications for Sri Lanka’s social, economic, political and judicial systems.

Once of the most serious arguments against the death penalty is the existence of high levels of error. There have been and always will be cases of the executions of innocent people. No matter how developed a justice system is, it will always remain susceptible to human failure. Unlike prison sentences, the death penalty is irreversible and irreparable. 

Moreover, the death penalty is often used in a disproportional manner against the poor, minorities and members of racial, ethnic, political and religious groups. Sri Lanka, with its already overburdened and poorly resourced legal system, would find it incredibly difficult to ensure that no innocent party gets sentenced to death. Such a legal process would also be time consuming and expensive so not necessarily a faster path to justice. 

Perhaps the most telling argument of all is that the death penalty violates the right to life, which happens to be the most basic of all human rights. It also violates the right not to be subjected to torture and other cruel, inhumane or degrading treatment or punishment. Furthermore, the death penalty undermines human dignity, which is inherent to every human being.

The death penalty lacks the deterrent effect which is commonly referred to by its advocates. As recently stated by the General Assembly of the United Nations: “There is no conclusive evidence of the deterrent value of the death penalty (UNGA Resolution 65/206).” It is noteworthy that in many retentionist states, the effectiveness of the death penalty in order to prevent crime is being seriously questioned by a continuously increasing number of law enforcement professionals.

Public support for the death penalty does not necessarily mean that the taking away the life of a human being by the state is right. There are undisputed historical precedents where gross human right violations have had the support of a majority of the people, but which were condemned vigorously later on. It is the job of leading figures and politicians to underline the incompatibility of capital punishment with human rights and human dignity.

Sri Lanka abstained from voting for a heavily-backed UN resolution which supports a global moratorium on the death penalty leading to its eventual abolition in December 2012. The resolution was adopted by the UN General Assembly and the draft was approved with 110 countries voting in favour, while 39, including the United States and India, voted against it. Sri Lanka was among 36 countries which abstained. Capital punishment remains in the statute books but implementation was suspended more than 30 years ago. The Government’s current position on hanging is unclear, but increasingly it appears the people are for it.

Yet, it cannot be denied that political patronisation, lack of resources, outdated laws and massive backlogs are creating a mockery out of justice far more than the lack of the death penalty. Social attitudes too need to change as society is responsible for the creation of criminals as well as rehabilitating them and readmitting them to public life. Tougher laws should certainly be introduced for offenders but it has to come with an overall overhaul of the entire judicial system of Sri Lanka. The death penalty in and by itself will do little to reduce crime in the present environment and is now more a political gambit than an honest effort at achieving justice. 


Share This Article

Facebook Twitter


DISCLAIMER:

1. All comments will be moderated by the Daily FT Web Editor.

2. Comments that are abusive, obscene, incendiary, defamatory or irrelevant will not be published.

3. We may remove hyperlinks within comments.

4. Kindly use a genuine email ID and provide your name.

5. Spamming the comments section under different user names may result in being blacklisted.

COMMENTS

Today's Columnists

Tea with NM

Saturday, 20 July 2019

One of my most treasured memories is that of NM, better known as Dr. N.M. Perera. It was when I was a student in the UK that I first met him. NM was already a formidable left leader in Sri Lanka, an accomplished parliamentarian, a larger-than-life fi


Biosphere will one day be replaced by technosphere

Saturday, 20 July 2019

I am now nearly 90 and in my lifetime I have seen and heard the world changing so fast that homo sapiens (Latin: “wise man”), the species to which all modern human beings belong, are changing into a technology-dependent sub species, . Homo sapien


Expand employer-backed childcare to close the gender gap in Sri Lanka

Friday, 19 July 2019

In Sri Lanka, women’s formal workforce participation is at only 36%, compared with 75% for men. Sri Lanka could raise its gross domestic product by as much as 20% in the long-run by closing the gender gap in the workforce, according to one estimate


Who should be our next president?

Friday, 19 July 2019

After the recent terrorist attacks and the subsequent violence unleashed against innocent Muslims by racists, Sri Lankans are searching for a leader who can save the country. Many have lost faith in the leaders, due to the breakdown in the security a


Columnists More