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| Thursday, 25 November 2004 |
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Capital punishment most welcome Credit should go to the Government and the President, for the prompt decision taken to re-enforce the Capital Punishment (CP). This decision came soon after the assassination of a High Court Judge. I think, this is the highest tribute that can be paid to the upright Judge who stood for the rule of law, took firm decisions and dispensed justice without fear or favour and as a result had to sacrifice his life. There wouldn't have been a better time than this to re-enforce the CP. Over the past few years there were several attempts on the lives of state officers. Acid was thrown on an audit officer, who ended up with permanent disabilities although escaped the death. A customs officer was murdered and there was an attempt on the life of another customs officer. These are only a few instances. These officers had to face such circumstances, for carrying out their duties diligently. During the last couple of years there was a public debate on whether the CP should be re-enforced. From the letters that appeared in the newspapers and the views expressed at different discussions it was very clear that a large majority of people were in favour of re-enforcing the CP. Therefore Government has the assurance of the majority of people that they are with the Government on this issue. However some people including a very few religious dignitaries and some organisations like NGOO were not in favour of re-enforcing the C.P. These organisations which depend heavily on foreign funds, and who have time and people to write, may start a campaign against the Government's decision to enforce the CP. No doubt they will bring the civil rights (or is it criminals' rights?) dimension. It is hoped that the Government would not succumbed to the pressure of these groups. Also, it is important to show the commitment of the Government by action. If desired results are to be obtained, the decision should be implemented very quickly, else a wrong message - that the Government is not serious - would go. The modalities for implementation of the CP should be worked out quickly with the participation of relevant arms of the State. If culprits cannot be apprehended, the purpose of re-imposing the CP would be lost and it would become a set of words confined to statute books. In this respect the Police, AG's Dept. and the Judiciary has a responsibility to apprehend the culprits, (successfully) prosecute and if found guilty to hand down the maximum punishment. No one should come to the (wrong) conclusion that the implementation of CP would altogether stop murder, rape, drug trafficking etc. It will hardly happen. However CP would definitely be a deterrent and the crime rate should come down, if implemented for about five years, in a justifiable and transparent manner. W. F. - via e-mail Punishment for premeditated murder Society in general today all over the world may be called sick, although it could be termed normal under today's conditions. Perhaps at every stage of life, the older generation would feel so. But if we see a society galloping at a vengeance with violence, crime and blue murder beyond all proportion, then it could be called acutely sick and below normal. At a time when a country is infested with say, malaria and dengue, mosquito coils are marketed galore. Perhaps if society waits till the causes for this infestation is fully eradicated, there could be many deaths from malaria and dengue and the little mosquito may take on proportions of a Frankenstein monster! So we see that the mosquito coil is a preventive item and not a curative item used in society for a limited period. A society can get diseased due to several causes. Politicization of establishments may be the foremost cause. It may affect the economy, education and even judicial decisions, due to which an innocent person who is a murder suspect could become a political victim and such a victimization is irreversible, as no amount of commissions probing the decision, with every change of Government will do any justice to the victim. Also an innocent person may have to face death penalty, due to poverty, as he cannot retain the best of lawyers. These two reasons may be cogent arguments against death penalty. We however, know that unjust judicial decisions, if any, can be the butt-end of criticism, both locally and internationally and that such judicial misconduct could be short-lived hopefully. As to poverty of an innocent suspect, there are free legal aid institutions that should and could be strengthened and may be even given State patronage to expand the scope of such institutions. It is of utmost importance that people should be made aware of the existence of such institutions. Another argument against death penalty is that, those who have closely associated with persons in the death row maintain that death penalty has never had a dissuading effect on those who had decided to commit a murder. This may be so, but it is well to consider whether these conclusions were made on observing persons in the death row long before traumatic situations such as rebellious upheavals and continuous wars in a society had made it acutely sick and would therefore need preventive or shock treatment methods to put it right. Take the case of a mentally sick patient where after curative treatment the condition does not change and where electric shock treatment is given, so that after the convulsions are settled, the doctor resumes curative treatment with ease. A shock treatment such as death penalty may be needed for a society that has assumed the proportions of a sick giant and that too, for a limited period to resume curative treatment thereafter. One motivation for killing could be a person's vision of a more indulgent and luxurious lifestyle, especially in the case of commercialized contractual killings. It would take some time for such persons to understand lofty ideals such as that excessive greed begets sorrow, etc. The only language the would understand in a sick society is, that leave alone a more indulgent life, they will have no prospect of any life whatsoever, if they resort to killing with the death penalty hanging over them. Once the dreadful crescendo of a crime wave is over, then perhaps teachings of all religions will take on more meaning among criminally prone persons. It would be well for all those vehemently against death penalty to band themselves into vigilance committees and pursue establishment of free legal aid schemes and also be alert to internationalize unjust judicial decisions, if any. They may also perhaps get into the shoes of a father, mother, brother, sister of a loved one, whose life has been taken away with detailed planning premeditation, for one reason or another. Perhaps such a potential murderer would even make the family understand that he will certainly kill their loved one with the full knowledge that he will escape gallows! They may also take into consideration that a spur of the moment killing with an outrageous temper is met with merciful punishment by courts. It is one thing to score academic points on this issue and another thing to look at it pragmatically. Under such conditions should not any nation with an acutely sick society consider introducing death penalty, for rampant, premeditated and cold-blooded killings? Killing in any form be it statutory or otherwise cannot be condoned, but at times a bitter pill is needed to cure an acute sickness. Thereafter it could very well be taken out of the statute boo. If death penalty were to be introduced, even for a short period, let it be done in a more humane form rather than the rickety old gallows, even if it were to cost a fortune. Oscar E. V. Fernando - Colombo 5. Appreciative prime act An article appeared in your journal recently and it was stated in that that our Prime Minister who was in Cairo to attend the funeral of late Palestinian leader Yasser Arafat and during delivering the condolence oration had also made an appeal for the release of Dinesh Rajaratnam, a Sri Lankan employed in Kuwait as a truck driver and who was taken hostage along with the vehicle while on duty a couple of days ago. Needless to say that this most appropriate act of the hour would have definitely brought untold relief on the grief-stricken wife and three sons of the victim whom we saw in several photographs published in newspapers praying and pleading to liberate their breadwinner who had gone abroad to keep the family alive as the sons are still school going. As this approach was made during one of the very special occasions and especially not only millions attended it but also it would be viewed over by almost the entire world, there would be a believable confidence of reaching the appeal towards the concerned captors with indistinguishable telepathy and if it happened so, the freedom that comes to this entire family would be immeasurable and even the constant praying of these depressed victims would be not in vain. H.H. SHANTHA DE SILVA - Dehiwela. |
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