The Supreme Court yesterday 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 former President Maithripala Sirisena, until September 7.
The Supreme Court three-judge-bench headed by Justice Vijith Malalgoda made the order pursuant to 12 Fundamental Rights petitions filed including the one filed by Attorney-at-Law Kavindu Hewa Geeganage.The 12 petitions had been filed in the Supreme Court seeking an Interim Order directing the Commissioner General of Prisons and the Welikada Prison Superintendent from executing any prisoner consequent to a death warrant signed by the former President.
The petitions will be taken up for support on September 6.
The Attorney General, Justice Minister, Commissioner General of Prisons, Welikada Prison Superintendent and several others have been named as respondents in the petitions.
In its petition, the Centre for Policy Alternative (CPA) stated that it has long been recognised that hanging 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.
Filing another petition, Attorney-at-Law Kavindu Hewa Geeganage stated that selection of specific individuals to impose the death penalty is arbitrary, unreasonable and made on no identifiable criteria and without any justifications for the same.
He argued that purported selection appears to have been carried out contrary to the Law and the Constitution and in particular the proviso to Article 34(1) of the Constitution.
The petitioner stated that purported selection of specific individuals are contrary to international norms and do not meet the relevant threshold for ‘most serious crimes’;
The State, in taking steps to carry out such executions in haste has caused rise to a situation of imminent infringement of the condemned prisoners’ rights under Article 11, 12(1), 13(4), 13(6) and 17 of the Constitution, the petitioner states.
President's Counsel M.A.Sumanthiran appeared for the petitioners.
Senior Deputy Solicitor General Nerin Pulle appeared for the Attorney General.
