Not a popular option
Prof.Siri Hettige, Professor of Sociology, Colombo University
No one condones crime, violence, rape and this type of gruesome
killing of innocent children.
But the question is, what could be done to prevent it and are we
doing enough? We must accept that child abuse is widespread in Sri Lanka
because children are not protected from these situations.
We have witnessed public outrage earlier following an incident, to
reinstate the death penalty and then it subsides. Instead of having
emotional outbursts, we should have a protective approach. We must take
a policy decision, taking into account Sri Lanka's unique conditions and
the criminal justice system.
In certain states in the US, the death penalty is enforced. But if
you compare it with a country such as Norway with a similar per capita
income, where judicial executions are not enforced, the US accounts for
a higher rate of homicides. Therefore, it has not been an effective
deterrent.
Jagath Gunawardena, Environmental Lawyer and Activist,
I am not in favour of the death sentence but a decision has to be
taken after careful consideration to maintain law and order.
There is a public outcry after the death of four-year-old Seya, but
we have to go beyond emotion and think rationally. If there is a
miscarriage of justice, an innocent man could be sent to gallows -this
is the concern. Deliberations must dwell on whether the death sentence
should extend to drug offences as wellurder and rape. The death penalty
should be viewed with motivational factors.
Not all murders can be
justified with judicial executions. Capital punishment may not be the
best way to punish offenders but may serve as a deterrant.
Nimalka Fernando, Human Rights Activist
The violence we see in Sri Lanka is so serious, that penal sanctions
are urged against the perpetrators. We have to understand that such
criminality is the syndrome in a post-war country. Sexual violence
patterns indicate unhealed minds or traumatic conditions. An innovative
approach, towards healing the hearts and minds of people is the need and
not violent methods. As a human rights activist, rights cannot be
affirmed by depriving the life of the wrong doer. The GOSL has to launch
a robust campaign against all forms of violence and criminal acts
including gender base violence.
Dr. Prathiba Mahanamahewa, Commissioner of Sri Lanka Human Rights:
Sri Lanka is a permanent member of the UN and has ratified the UN
Human Rights and Child Rights convention. Sri Lanka also ratified the UN
Human Rights declaration, guaranteeing human rights. There is an
international obligation for Sri Lanka to adhere to them and cannot
implement the death penalty. Otherwise it will legitimise state
executions.
If the death penalty is implemented, it will negatively affect Sri
Lanka's future activities. The UN civil and political rights treaty
sessions will commence in December . The other major problem is the
lengthy, legal procedure. There should be a special division in the
Attorney General's Department and a special court to expedite cases. In
2010, all 225 MPs agreed to implement the death penalty, but it was not
implemented. The Government must take into account international
obligations.
Vijeratnam Kesavan, Vice President, Karuna Foundation, Ariyalai,
Jaffna:
The death penalty is viewed by the civilised world as being against
basic human values and humanitarian concepts. But, the death penalty is
enforced in many countries. Considering the recent incidents, where many
children were subjected to gruesome rape and murder, reintroducing the
death penalty must be given serious thought.
N.Sukirtharaj, Coordinator, Jaffna Social Action Centre (JSAC),
Nallur:
We are opposed to the death penalty as it does not give the convict
an opportunity to reform himself. In the case of a life sentence too
convicts come out much earlier on parole and have same mentality without
reforming themselves. They, pose a danger to society and society is
vulnerable. In the Vidhya killing and other incidents of child rape and
killing, it appears that there is no alternative other than to execute
the criminals because it is unlikely that such psychopaths are capable
of correcting themselves. |