1 September 2022 12:51 am Views - 270
By Lakmal Sooriyagoda
The Supreme Court has further extended its Interim Order preventing the Commissioner General of Prisons and the Welikada Prison Superintendent from executing any prisoner consequent to a death warrant signed by the President. This Interim Order will be effective until February 23 next year.
Accordingly, several Fundamental Rights petitions filed challenging former President Maithripala Sirisena’s decision to clear the execution of four prisoners convicted for drug offences were yesterday fixed for February 23 next year by the Supreme Court.
Additional Solicitor General Nerin Pulle appearing for the Attorney General submitted to court that there is a policy decision taken by government not to impose death penalty on offenders sentenced to death after conviction by a court and further said this policy decision still remains unchanged.
The Supreme Court directed the petitioners to inform their stance regarding the maintainability of these petitions in line with government’s policy decision, on the next hearing date. These petitions had been filed by several petitioners including Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu and Attorney-at-Law Kavindu Hewa Geeganage naming Attorney General, Justice Minister, Commissioner General of Prisons, Welikada Prison Superintendent and several others as respondents.
The petitioners are seeking an order directing the Commissioner General of Prisons and Welikada Prison Superintendent from executing any prisoner consequent to a death warrant signed by the President.
In its petition, the CPA stated that it has long been recognised that hanging by death is a cruel and inhuman form of punishment, not befitting a multi religious and civilised society. Though convicts have been sentenced to death, the long recognised practice in Sri Lanka for over 43 years has been that they were not executed.
The CPA reiterates that the implementation of death penalty at this juncture is a violation of fundamental rights guaranteed under Article 11(Freedom from torture) and under Article 12(1)[ All persons are equal before the law and are entitled to equal protection before the law] of the Constitution.
President’s Counsel M.A.Sumanthiran and Senior Counsel Suren Fernando appeared for the petitioners. Additional Solicitor General Nerin Pulle appeared for the Attorney General.