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Death
Row inmates want Life
14
file FR cases to avoid rotting in prison since death sentences
are not carried out in Sri Lanka
By
Stanley Samarasinghe
Fundamental Rights Applications by 14 inmates on
Death Row have been filed requesting their sentences be commuted
to Life sentences. Since Death sentences are not carried out
in Sri Lanka, they claimed that they are destined to rot in
prison for their entire life.
“The Commissioner General of Prisons, Superintendents
of Prisons, Welikada, Mahara, Bogambara, Secretary Ministry
of Justice, Minister of Justice and the Attorney General have
been named as Respondents,” said a lawyer involved in
the case.
He added that, usually, Life sentences are limited to 20-years
but, in most cases, they are released early after 12-15 years,
by presidential pardons on various occasions. “Petitioners
state that it has been the practice from time immemorial,
to commute Life sentence to specific periods by the head of
State. The President is empowered to act in terms of Article
34 (1) © of Constitution. The said specific period has
usually been 20-years,’ he said.
Petitioners further state that, there had been a directive
by the President that a prisoner sentenced to death, should
undergo imprisonment for at least 20-years, before being commuted
to Life imprisonment. According to Petitioners, there had
been instances where Death sentences of prisoners had been
commuted to 20-years, despite aforesaid directive- 10 prisoners
on March 4, 1999 and 23 prisoners in 2002, had their Death
sentences commuted to 20 years.
“Petitioners also cited an occasion where a prisoner’s
Death sentence was commuted to 20-years, after which, he was
released in 1½-years time. But for the Petitioners
and 133 other inmates on Death Row, commutation was not granted,”
he said.
When this Application came up before a Supreme Court Bench
comprising Justices Shiranee Bandaranayake, Raja Fernando
and P.A. Ratnayaka, time was given for the AG to file an Affidavit
and hearing fixed for November 11.
Attorney-at-Law J.C. Weliamuna instructed by Attorney-at-Law
Lilianthi de Silva appeared for the Petitioners.
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