Death Penalty in Sri Lanka

Death Penalty is by far the most severe punishment imposed since it allows the State to take away the most fundamental part of a human being, his life. The death penalty is recognized as brutal and primitive and therefore international organizations and covenants attempt to abolish it for good. The death penalty in Sri Lanka is a controversial issue and backed by a colourful history. The main argument against the death penalty is that judges can make mistakes and sentence an innocent man to death. The main argument for it is that it will establish retribution and act as a deterrent on society.

History

The history of death penalty dates back to the ancient civilizations such as Greece, Rome and even Sri Lanka where we see the execution of Socrates, the crucifixion of Jesus Christ and the penalties imposed on King Elara’s son, King Dhatusena and the family of Ahelapola. It was considered that certain crimes such as murder and rape should be treated with the punishment of death.

Methods of Execution

The methods of execution were gruesome as they ranged from the gallows and the guillotine in Europe to decapitation and hara-kiri in Asia. Other methods included poisoning such as the administration of hemlock, entombment through walling or in a pit, by way of animals such as being stomped to death by an elephant or ripped apart by lions.

Death Penalty in Sri Lanka

The British codified the death penalty in the Penal Code of 1883. It was to be executed by way of hanging. After independence Prime Minister Bandaranaike abolished the death penalty but was reinstated following his assassination. The Constitution in 1978 and the Code of Criminal Procedure declared that a death sentence required the ratification of the President which effectively ended executions and the final execution was in June 1976 for the Yodakandiya triple murders. In Sri Lanka it is imposed on murder, waging war against the state, narcotics trade, mutiny, aiding any of these crimes, abetment of suicide and giving false evidence in a trial meting out a death penalty. Since it is not executed the death penalty automatically converts to life imprisonment.

Following the assassination of High Court Judge Sarath Ambepitiya President Chandrika Kumaratunga declared that death penalty was valid but never established. In 2007 President Mahinda Rajapaksa indicated that Sri Lanka has no plans to implement the death penalty quote “since this is a country where there are protests even if we try to kill a dog.”