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CONTENT

CHAPTER ONE
a) Introduction
b) Statement of the Problem
c) Aim
d) Objectives
e) Methodology
f) Limitation

CHAPTER TWO
a) Introduction the Offence
b) Purpose of Punishment
c) Theories of Punishment
d) What Is Death Penalty
e) History of Death Penalty
f) Method of Execution
g) Effectiveness of Death Penalty

CHAPTER THREE
a) Countries Use the Death Penalty As A Punishment.
b) Death Penalty Analysis of the World

CHAPTER FOUR
a) Crime Rate Analysis of Sri Lanka
b) Death Penalty in Sri Lanka
c) Religious Views
d) Political Views

CHAPTER FIVE
a) International Standards
b) Limitation of Death Penalty
c) Sri Lanka Legislation
d) Current Issues in Sri Lanka

CHAPTER SIX
a) Conclusion
b) Remarks and Suggestions
c) Bibliography

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TOPIC

Increasing crime rate: is death penalty the answer?

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CHAPTER ONE

INTRODUCTION

1. Capital punishment is legal in Sri Lanka. However, since June 23, 1976, there have
been no executions, although death sentences were handed down continuously by the High
and Supreme Courts for murder and drug trafficking convictions. These were automatically
commuted to life in prison. The government decided to reinstate capital punishment in 2004
for cases of rape, drug trafficking and murder. However due to significant opposition to the
move no executions were carried out.

2. The death penalty, and popular opposition to it, has a long history in Sri Lanka. The
British introduced the death penalty after they took control of the island in 1815 for murder,
and "waging war against the King." After independence, then Prime Minister S.W.R.D.
Bandaranaike abolished capital punishment in 1956. However, it was reintroduced soon
after his assassination in 1959. Opposition to the death penalty started becoming
increasingly widespread and the United National Party government modified the use of the
capital punishment in its 1978 rewrite of the constitution. Under the new arrangement,
death sentences could only be carried out if authorized by the trial judge, the attorney
general and the minister of justice. If there was no agreement, the sentence was to be
commuted to life imprisonment. The sentence was also to be ratified by the President. This
clause effectively ended executions. The last execution in Sri Lanka took place in 1976.

3. Over the last decade however, President Chandrika Kumaratunga made several
attempts to reintroduce the death penalty. In March 1999, after spurts of violence near the
end of her first term in office, she stated that the government would be reintroducing the
death penalty. However, she was forced to back down in the face of overwhelming public
protest. The issue hung in the balance, with all death sentences from then on being neither
commuted to life nor carried out. Discussions took place with the result that the motion
which commuted all death sentences to life in prison was revoked in January 2001. There
are currently more than 100 prisoners on death row in Sri Lanka.

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STATEMENT OF THE PROBLEM

4. Social science has long played a role in examining the efficacy and fairness of the
death penalty. Empirical studies of the death penalty were cited by the Supreme Court in its
landmark cases in the 1950s.Death penalty referred to as capital punishment is the
execution of a person by legal process. Crimes that result to death are called capital offence.
Historical data on this penalty shows that inhumane ways have been utilized to execute the
accused. These included boiling to death, slow slicing, disembowelment, crucifixion, and
dismemberment, to name a few. Today, states which support death penalty use lethal
injection.

5. As with any other social issues, there are various views on death penalty. This is
very controversial topic and very core reason to study. It is taken to be the most severe of
all corporal punishment forms. Law enforcement officers have the mandate to kill the
convict. A convicted offender who has been sentenced to death can be killed by gassing,
hanging, using guillotine or use of firing squad. The crimes that warrant one to be
sentenced to death are termed as capital offences or capital crimes. Nearly every society has
used this form of punishment to eliminate criminals or opponents in political arena.
Societies would kill political opponents in efforts to suppress existing political dissent. A
criminal on the other hand would be killed to eliminate crime.

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AIM

6. The aim of this research is to analyze and evaluate whether any logical relationship
between increment of the crime rate and executing death penalty.

OBJECTIVES

The objectives of the study are;

7. To study the death penalty system in Sri Lanka and how it effects for the increasing
crime rate in society.

8. To study the existing applicability of death penalty in Sri Lanka.

a) Examine the past and present situation of the death penalty in Sri Lanka.
b) Find out the involvement of the Sri Lankan government to the death penalty.
c) Identify the reasons to oppose the death penalty.
d) Identify the reasons to implement the death penalty.
e) Identify the crimes which may decree the death penalty.
f)Analysis of the world crime rate and the applicability of death penalty.

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METHODOLOGY

9. The required data for the research were drawn from the following sources;

a) Primary sources

Information will be collected by interviewing resource personnel in the relevant

directorates and by distributing a questionnaire among the selected sample of the
population and few other arbitrarily selected.

b) Secondary sources

Information will be gathered from relevant books, journals, the internet, treaties,
conventions as well as international and local enactments of relevance.

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LIMITATIONS

a) The scope of this research is limited to Sri Lankan context.

b) Secondary data collection has to be limited to books available at the KDU
library, internet and newspapers.
c) The scope of the research is limited to the observation of Sri Lankan context.
d) The study narrow down to the major historical incidents of Sri Lanka.

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CHAPTER TWO

INTRODUCTION THE OFFENCE

10. Offence we can define in various aspects. Such as,

a) According to the oxford dictionary, a thing that constitutes a violation of

what is judged to be right or natural.

b) According to the common law jurisdictions an indictable offence is an

offence which can only be tried on an indictment after a preliminary hearing to
determine whether there is a prima facie case to answer or by a grand jury. In the
United States, a crime of similar severity is a felony1, although it too proceeds after
an indictment.

c) An offence is a violation of the criminal law.

PURPOSE OF PUNISHMENT

11. Law is one of the most important pillars of any kind of state. The need of the
punishment may help to protect the justice in that society. There are various theories of
punishment such as retributive, deterrent, and reformative etc. whereas recognized function
of all the states.

12. With the passage of time the systems of punishment have met with different types
of changes, modifications and challenges. There are lot of criticisms from the side of
different entities and organizations of human rights, yet still the institution of punishment
always remained a recognized one.

13. The philosophy behind the concept of punishment is not only to provide justice to
the aggrieved but besides this to maintain security and safety in the society, to punish a
criminal is not only to give torture to him or to humiliate, but there is a higher objective to
be achieved and that is to establish a peaceful society.

14. The popular reason for imposing a punishment is that, to get criminals off the streets
and to protect the public community. The idea is to isolate the offender from society,
1
grave crime

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making it physically impossible (or at least very difficult) for him or her to commit further
crimes against the public while serving a sentence. Incapacitation works as long as the
offenders remain locked up. There is no question that incapacitation reduces crime rates by
some unknown degree. The problem is that it is very expensive. Incapacitation carries high
costs not only in terms of building and operating prisons, but also in terms of disrupting
families when family members are locked up.

15. Changes in U.S. politics have caused shifts in the theoretical purposes of sentencing.
During the heyday of liberalism in the 1960s and 1970s, the judicial and executive branches
(for example, parole boards) wielded power in sentencing. Legislators designed sentencing
laws with rehabilitation in mind. More recently, during the politically conservative 1980s
and 1990s, legislators seized power over sentencing, and a combination of theories
deterrence, retribution, and incapacitating has influenced sentencing laws.

THEORIES OF PUNISHMENT

16. With change in the social structure the society has witnessed various punishment
theories and the radical changes that they have undergone from the traditional to the
modern level and the crucial problems relating to them.

17. In the words of Sir John Salmon, “The ends of criminal justice are four in number,
and in respect to the purposes served by the them punishment can be divided as:
a) Deterrence
b) Retribution
c) Prevention
d) Reformation

Deterrent Theory

18. One of the primitive methods of punishments believes in the fact that if severe
punishments were inflicted on the offender would deter him from repeating that crime.
Those who commit a crime, it is assumed, derive a mental satisfaction or a feeling of
enjoyment in the act. To neutralize this inclination of the mind, punishment inflicts equal
quantum of suffering on the offender so that it is no longer attractive for him to carry out
such committal of crimes. Pleasure and pain are two physical feelings or sensation that
nature has provided to mankind, to enable him to do certain things or to desist from certain
things, or to undo wrong things previously done by him. It is like providing both a powerful
engine and an equally powerful brake in the automobile.

Retributive Theory

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19. ‘’An eye for an eye would turn the whole world blind” (Mahatma Gandhi) the most
stringent and harsh of all theories retributive theory believes to end the crime in itself. This
theory underlines the idea of vengeance and revenge rather than that of social welfare and
security. Punishment of the offender provides some kind solace to the victim or to the
family members of the victim of the crime, who has suffered out of the action of the
offender and prevents reprisals from them to the offender or his family. The only reason for
keeping the offender in prison under unpleasant circumstances would be the vengeful
pleasure of sufferer and his family.

Preventive Theory

20. Unlike the former theories, this theory aims to prevent the crime rather than
avenging it. Looking at punishments from a more humane perspective it rests on the fact
that the need of a punishment for a crime arises out of mere social needs i.e. while sending
the criminals to the prisons the society is in turn trying to prevent the offender from doing
any other crime and thus protecting the society from any anti-social elements.

Reformative Theory

21. This theory aims at rehabilitating the offender to the norms of the society into law-
abiding member. This theory condemns all kinds of corporal punishments. These aim at
transforming the law-offenders in such a way that the inmates of the peno-correctional
institutions can lead a life like a normal citizen. These prisons or correctional homes as they
are termed humanly treat the inmates and release them as soon as they feel that they are fit
to mix up with the other members of the community. The reformation generally takes place
either through probation or parole as measures for reforming criminals. It looks at the
seclusion of the criminals from the society as an attempt to reform them and to prevent the
person from social ostracism. Though this theory works stupendously for the correction of
juveniles and first time criminals, but in the case of hardened criminals this theory may not
work with the effectiveness. In these cases come the importance of the deterrence theories
and the retributive theories.

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WHAT IS DEATH PENALTY

22. The Death Penalty, known as capital punishment, is the lawful imposition of death
as punishment for crimes. It is the act of killing or executing a person who is found guilty
of a serious crime, by the government. Crimes that can result in a death penalty are known
as capital crimes or capital offenses.

HISTORY OF SRI LANKA

23. Throughout the recorded history of Sri Lanka, except for four, brief periods, a
murderer was liable to execution. Some form of judicial administration was practiced in the
country and the king, chieftain or area leader had the final authority in all administrative
functions of the country, province or area. Wrongdoers or criminals were summoned before
the king, questioned, cross-examined and warned or reprimanded. The verdict was meted
out then and there based on the seriousness of the crime committed. No room was left for
the suspect to defend himself or challenge the judgment delivered by the authority.
Innocent parties were often victimized by some of the verdicts given by the kings.

24. At the same time, there had been instances when culprits escaped punishment,
deceiving the kings through their crafty talk and shrewd demeanor. Even during those
ancient days, the punishments meted out were different from offence to offence and crime
to crime. However, the verdict always rested in the hands of the In the first century King
Ananda-Gaminiabhaya abolished capital punishment, in the third century King Voharika
Tissa, and at the beginning of the fourth century King SiriSangabodhi (who secretly set free
criminals who were condemned to death, and in their stead exhibited men who had died a
natural death) . King ParakramaBahu the Second, who lived in the twelfth century, is also
credited with abolishing or suspending the death penalty for the period of his reign.

a) King DevanampiyaTissa (306 BC – 266 BC).

b) King Elara, execution of his Son (B.C. 205 –161).

c) King Ananda–GaminiAbhaya (A.D. 21).

d) King VoharikaTissa (A.D. 215).

e) King Parakramabahu.

Occasion where the death penalty has been executed.

a) KelaniTissa (Buddhist monk alive in oil).

b) King Dhatusena death by his son.

c) Kasyapa and his father’s death penalty.

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25. Ahalepola family death by the King Sri Wickramarajasingha. The then existing
barbarous methods of punishments were banned and causing of death by hanging was
introduced by Governor Sir Fredrick North in 1802. The first person to be hanged on a
fixed gallows, in the history of Prisons on 10th February. The death sentence was imposed
on him for rising against the British Government

26. After independence, the then Prime Minister S.W.R.D. Bandaranaike abolished
capital punishment in 1956. However, it was rapidly reintroduced after his assassination in
1959. Opposition to the death penalty started becoming increasingly widespread and the
United National Party government modified the use of the capital punishment in its 1978
rewrite of the constitution. Under the new arrangement, death sentences could only be
carried out if authorized by the trial judge, the attorney general and the minister of justice.
If there was no agreement, the sentence was to be commuted to life imprisonment. The
sentence was also to be ratified by the President. This clause effectively ended executions.
The last execution in Sri Lanka took place in 1976.

27. Chapter 3 of the constitution, under article 13(4) elaborates that “No person shall be
punished with death or imprisonment except by order of a competent court, made in
accordance with procedure established by law. The arrest, holding in custody, detention or
other deprivation of personal liberty of a person, pending investigation or trial, shall not
constitute punishment.”

28. It indicates that there is no any issue to give the death penalty but that should be
done according to the law that is prescribed.

29. Chapter 3 of the Penal Code, under article 52 where it had mentioned about the
punishments it had shown that death penalty is a probable punishment.

HISTORY OF WORLD

30. The first established death penalty laws date as far back as the Eighteenth Century
B.C. in the Code of King Hammurabi of Babylon, which codified the death penalty for 25
different crimes. The death penalty was also part of the Fourteenth Century B.C.'s Hittite
Code, the Seventh Century B.C.'s Draconian Code of Athens, which made death the only
punishment for all crimes, and the Fifth Century B.C.'s Roman Law of the Twelve Tablets.
Death sentences were carried out by such means as crucifixion, drowning, beating to death,
burning alive, and impalement.

31. In the Tenth Century hanging became the usual method of execution in Britain. In
the following century, William the Conqueror would not allow persons to be hanged or
otherwise executed for any crime, except in times of war. This trend would not last, for in
the Sixteenth Century, under the reign of Henry VIII, as many as 72,000 people are
estimated to have been executed. Some common methods of execution at that time were
boiling, burning at the stake, hanging, beheading, and drawing and quartering. Executions

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were carried out for such capital offenses as marrying a Jew, not confessing to a crime, and
treason.

32. The number of capital crimes in Britain continued to rise throughout the next two
centuries. By the 1700s, 222 crimes were punishable by death in Britain, including stealing,
cutting down a tree, and robbing a rabbit warren. Because of the severity of the punishment
of death, many juries would not convict defendants if the offense was not serious. This led
to reforms of Britain's death penalty. From 1823 to 1837, the death penalty was eliminated
for over 100 of the 222 crimes punishable by death.

METHODS OF EXICUTION

a) Hanging

33. This is referred to as Gallows‖ or Judicial hanging practiced in most countries

including Sri Lanka. Pakistan is said to have the highest rate of death by hanging in the
world followed by Malaysia, Singapore, South Africa, and Italy etc. A death by hanging
refers to being hanged by your neck until you are dead.

b) Electric Chair

34. It is a death by electrocution. The initial Jolt is 2250 volts followed by a second and
third Jolts‘. It is carried out in 24 states of the USA (AI report 1980).

c) Guillotine

35. It is a form of beheading using a Guillotine practiced mainly in France in the 18th
Century. It was first used in 1791 to kill King Louis XVI and Queen Marie Antoinette. The
last to be guillotined was a Tunisian man in 1977 for killing a woman. This practice was
abolished in 1981 by the French president Francois Mitterrand. In ancient Lanka (Ceylon)
such beheadings were carried out at the dangediya where the condemned person's head was
severed at the level of the neck by the royal executioner who did the honors for the king
using a lethal sword. In the Middle East and other Islamic sates, beheading is a common
form of death sentence under the Sharia Law often carried out in public.

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d) Lethal injection

36. Refers to intravenous injection of sodium pentothal (first carried out in 1978) or a
combination of barbiturates2 and paralytic drugs to bring about a quick death. It is
practiced in about four states of the USA. The WMA 3 prohibited medical officers in giving
such injections as it violates the Hippocratic4 Oath which states physicians are dedicated to
preserving life and therefore a Physician can never be an executioner.

e) Gas chambers

37. These chambers contain cyanide pellets. It is a form of capital punishment in eleven
(11) states in the USA. Hitler, the world’s most cruel mass murderer killed nearly a million
Jews in his cyanide gas chambers.

f) Firing Squad

38. A person is shot dead by a volley of gunfire from several gunmen. Practiced in
countries where there are military juntas, dictatorships, anarchy and in states where there is
absolute disrespect for human rights. Such states included Mauritius, Vietnam, Angola,
Central African Republic, Liberia and many countries in the middle-east. Sadly it was
practiced by the British during their rule in Ceylon on those convicted of treason. The
British executed young William Henry Pedris by a firing squad when in Ceylon at that time
hanging was the only form of death penalty.

g) Garrote

39. It was a method of strangulation by constricting the neck using a wire, cord or sticks
(tied at the distal end). This method is not practiced in the civilized world today.

h) Stoning to death

40. A person is buried in a pit up to his neck and stones thrown at the head causing
gross injuries to the head (brain) sufficient to cause death. This was practiced in ancient
times in Ceylon (now Sri Lanka) and even today in the Arab world. Such stoning to death is
also mentioned in the holy Bible as a form of punishment for women caught in adultery.

2
a powerful drug that makes you feel calm and relaxed or puts you to sleep
3
World Medical Association
4
Make to keep the principles of the medical association

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EFFECTIVENESS OF DEATH PENALTY

41. Some see the death penalty as a barbaric punishment which violates moral values,
whereas others as an important tool and deterrent in fighting pre-meditated, and often
violent murder. The definition of capital punishment is "the killing of a person via judicial
process for retribution5 or incapacitation." The crimes that result in the death penalty are
known as capital offences and in Sri Lanka generally refer to as high-grade murders. The
crime that may result in the death penalty differs from state to state.

42. When comparatively study on other form of punishment mainly can identify the
positive and negative effects of the punishment and how efficiency it use as the capital
punishment.

Positive Effects

43. Some argue that the death of a criminal gives closure to their victim's (if they are
still alive) and their families. The death penalty serves as a deterrent to criminals who may
be considering committing a capital offence. One of the main principals of punishment and
the judicial system is that whether the penalty fits for the crime. If someone violently
murders another individual or numerous people, then it makes sense for the punishment to
be death.

44. Some anti-death penalty campaigners describe examples of people on death row, or
people have already been killed have then been proved innocent. Today, the accuracy of
modern forensics and DNA testing makes it very unlikely for an innocent person to be put
on death row. Furthering this point, it is argued that the number of innocent people that may
be killed is equalized by the number of actual criminals that are set free.

45. Putting people in prison, as opposed to executing them gives them a chance of
parole (or the small chance of escape), meaning they can commit more crimes. Capital
6

punishment means there is no chance of the criminal committing another crime.

Negative effects

46. The financial cost of putting people to death, once you consider extra appeals,
additional procedures etc., can often be more than the cost of putting a criminal in prison
for life. The death penalty violates the "cruel and unusual" clause of the Bill of Rights. It is
simply immoral and barbaric to allow people to be killed by the state even if they have
committed violent crimes. The appeals and additional procedures required to deal with
criminals that have been condemned to death fill up the US legal system which could be put
to better use. It can be viewed that, life in prison with little freedom and poor quality of life

5
Severe punishment for something seriously wrong that somebody has done.
6
permission that is given to a prisoner to leave prison before the end of their sentence on condition that they
behave well

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is a better punishment and deterrent to criminals than death row. There is always the
possibility that innocent men and women are put to death without ever having committed a
crime. There will always be failings in the judicial and conviction system.

47. However, in the 2009 world, killing a criminal is more and more being considered a
barbaric, even evil practice with revenge instead of retribution being the sole motivating
factor. The idea that revenge alone is the only reason the worst criminals are executed is
ludicrous7, as the sustaining belief of “eye for an eye” has had many valid supporting
arguments throughout history along with valid, tangible results. Let’s explore ten of the
most pre-eminent and credible arguments that justify what should be the most difficult
thing any human being can do: cutting another’s life short.

48. How efficiency is the death penalty as a capital punishment will better discuss on
the few main topics which society can easily identified in positive aspects.

a) Justice

49. “May the punishment fit the crime.” At the risk of being biased, this is definitely the
best definition of justice that has ever existed or will ever exist. A desire for justice is one
of the inherent qualities of most humans, and it prevents society from falling into a despotic
8
chaos where the average, peaceful person would be subject to the anger, violence, and
madness of criminals. A society’s law and the justice that is dispensed by its hands is
ultimately what keep the citizenry of that society safe at night if anything does. In places
where the death penalty is an option, it is one of the cornerstones of justice. For the sake of
society’s stability, fair and swift justice must always exist, and the complete removal of
people who would destroy that society through crime is absolutely necessary.

50. The two prevalent legal systems in the world are the Adversarial system
(Accusatorial or the Common law system) and the Inquisitorial system (Continental or the
Civil law system).

51. In a common law system, an adversarial approach is used to investigate and

adjudicate guilt or innocence. The Sri Lankan courts following adversarial system assumes
that truth is most likely to result from the open competition between the prosecution and the
defence. Primary responsibility for the presentation of evidence and legal arguments lies
with the opposing parties, not with a judge. Each side, acting in its self-interest, is expected
to present facts and interpretations of the law in a way most favorable to its interests. The
approach presumes that the accused is innocent, and the burden of proving guilt rests with
the prosecution. Through counterargument and cross-examination, each side is expected to
test the truthfulness, relevancy, and sufficiency of the opponent's evidence and arguments.

7
unreasonable; that you cannot take seriously
8
A ruler with great power, especially one who uses it in a cruel way

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52. The adversarial system places decision-making authority in the hands of neutral
decision makers. The judge ascertains the applicable law and the jury determines the facts.
The system emphasizes procedural rules designed to ensure that the contest between the
parties is a fair fight. Critics of the adversarial approach argue that the pursuit of winning
often overshadows the search for truth. Furthermore, inequalities between the parties in
resources and in the abilities of the attorneys may distort the outcome of the adversarial
contest.

b) Retribution

53. Forget the financial cost of executing a criminal; forget the legal obligations to rid
society of an incorrigible, violent lawbreaker. Forget all arguments against and for death
penalty, and the people who wage this war of beliefs on the internet, in print, and in
courtrooms. Forget the rights of the criminal, forget the judge, and forget the legal aspect of
trying and punishing a criminal completely.

54. While what constitutes an offense punishable by death differs around the globe,
there is still one constant between these offenses: someone is harmed. With murder being
the worst of all offenses, the victim is far from the only one to suffer. The family and
friends of a victim will have to live with not only the pain of losing a loved one, but they
must recognize that the person responsible for their loss still lives while the victim does not.

55. Victims of murder cannot avenge themselves, only the law and those closest to the
victim can do this. A victim’s family feels, rightfully so, that they are obligated to attain
justice for the victim. This isn’t justice in the traditional sense, but retribution. If you’ve
(hopefully) never lost a loved one to violence, consider for a moment the person you love
most is taken away from you because a criminal wanted their money, or just wanted to
know what it felt like to take a life. Maybe you’d want to see such a person dead, maybe
you wouldn’t, but regardless of race, color, or creed, the thing you’d probably want most is
a little payback. I don’t imagine there’d be anyway you could truly have your mind at ease
without some level of retribution. It isn’t possible to bring back a loved one lost to violence,
but bringing peace of mind, a remarkably priceless thing, may be the only true consolation
a legal system can provide.

c) Deterrent to Crime

56. We could easily pass this attitude off as barbaric and unnecessary if it didn’t
actually work. The crime rate gap between Singapore and the United States is rather vast; in
fact Singapore has one of the lowest crime rates in the world. In a country where smuggling
over 50 grams of heroin is certain to result in the same punishment as slaughtering another
human being, obviously, a criminal has to decide if breaking the law at all is really worth
their life. The Sri Lankan justice system does not guarantee death to a criminal in the same
way Singapore’s justice system guarantees it. For a murderer with strong evidence against
them, chances are there is no plea bargain to commute the offense, no twenty years of
appeals, no governors who will swoop in at the 11th hour to grant clemency for the

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condemned. As evidenced by Singapore’s low crime rate, simply having a “law-bide or

die” stance, backed up through examples, may be the most efficient and cheapest known
way to prevent capital crimes.

d) Religious Doctrine

57. The doctrines of the world’s majority religions, which are to say the Bible, the
Torah, and the Quran, have occurrences where the death penalty is not only supported, but
staunchly endorsed. If the Bible and Torah are any indication, “An eye for an eye, a tooth
for a tooth” makes it very clear what a religious conservative’s opinion on the death penalty
should be. In seeing a religious conservative’s point of view, who are they to argue with the
word of God? As a result, the death penalty has and will continue to be one of the strongest
arguments for death penalty, especially in countries where religious doctrine has a strong
influence on legal doctrine, such as countries within the Middle East, Israel, and even the
United States.

e) Removal of a Threat to Society

58. Even though murderer was captured, he still remained a threat. Some criminals are
truly above the law, in that their influence can reach the outside world even if they are
behind bars. For this reason, some criminals are simply too dangerous to live at all.

f) The Fairness of the Death Row Process

59. In the Sri Lanka, the process of convicting and executing a criminal is an exhaustive
and lengthy one which definitely lends a little validity to the fairness of the process. The
vast majority of criminals sentenced to death have several avenues available to contest their
condemnation, from their state’s governor, their states court of appeals, Amnesty9, and even
the Supreme Court.

60. Even after a criminal has been condemned to die, some have been known to appeal
the decision before finally receiving a date of execution. Even then, the smallest
technicality can result in a stay of execution. While attitudes of the death penalty naturally
vary from legal system to legal system worldwide, all legal systems generally acknowledge
the value of a person’s life, and take the decision to end a human’s life very seriously.
Errors will occur in any justice system, but the through due process of executions, above
the process of any other punitive measure, may make the margin for error in capital
punishment cases that much smaller. It’s far more likely that those facing death are actually
guilty of their crime as a result.

g) Necessity
9
an official statement that allows people who have been put in prison for crimes against the state to go free

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61. Under the law of most militaries throughout history, the crimes of murder, mutiny,
treason, and desertion during a war time warrant a mandatory10, (and even on the spot)
death sentence. However, during a time of war, where survival of an army and even the
civilization that army is represents is at stake, death may be the only reasonable punitive
tactic to employ. Under full abolition of the death penalty, some of the criminals who
would see lives lost through their lawlessness or cowardice would have to waste the time of
those fighting the war through the lengthy judicial process, and in war, time and manpower
makes all the difference.

h) Cost

62. A common, even credible argument amidst anti-death penalty proponents regards
the financial implications of executing a prisoner, which is far more expensive than simply
imprisoning them for life. However, while the execution figures factor in costs of an
inmate’s numerous appeals, the figures representing the cost to keep a prisoner alive per
year do not. “Lifers” are equally likely to pursue the same avenues as death row inmates to
overturn their fate, which can be equally expensive.

i) Life Imprisonment Changes

63. Surprisingly, life in prison without the possibility of parole does not always mean a
criminal will truly remain in prison until the day they die. Through time, law changes,
political authority figures change, and points of view on the death penalty change. Given
enough time, yesterday’s child-killer may become today’s “lifer”, then tomorrow’s parolee.

64. According to the First United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social
Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977
discussed minimum treatment for prisoners in several categories such as Accommodation
Personal hygiene, clothing and bedding, food, exercise and sport and medical services.

65. The treatment of persons sentenced to imprisonment or a similar measure shall have
as its purpose, so far as the length of the sentence permits, to establish in them the will to
lead law-abiding and self-supporting lives after their release and to fit them to do so. The
treatment shall be such as will encourage their self-respect and develop their sense of
responsibility.

66. To these ends, all appropriate means shall be used, including religious care in the
countries where this is possible, education, vocational guidance and training, social
casework, employment Counseling, physical development and strengthening of moral
character, in accordance with the individual needs of each prisoner, taking account of his

10
Required by law

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social and criminal history, his physical and mental capacities and aptitudes, his personal
temperament, the length of his sentence and his prospects after release.

67. For every prisoner with a sentence of suitable length, the director shall receive, as
soon as possible after his admission, full reports on all the matters referred to in the
foregoing paragraph. Such reports shall always include a report by a medical officer,
wherever possible qualified in psychiatry, on the physical and mental condition of the
prisoner.

j) More Human than other Forms of Punishment

68. Compared to “incapacitation”, which is a kinder phrase for lobotomy11, or

sentencing a criminal to solitary confinement for the next 25-50 years, executing a criminal
may seem like a more humane option. A criminal sentenced to life without parole will
never again see daylight, and will have to consider the consequences of their crime until the
day they die. From an emotional standpoint, ending this elongated, intense level of
suffering for a prisoner could be considered a mercy.

CHAPTER THREE
11
A rare medical operation that cuts into part of a person's brain in order to treat mental illness

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COUNTRIES USE THE DEATH PENALTY AS PUNISHMENTS

69. Despite fewer countries executing prisoners than ever before, the death penalty is
still alive and well around the world.139 countries has the death penalty - a record number.
Which means the number of countries executing prisoners is at a record low Methods of
execution included beheading, electrocution, hanging, lethal injection and various kinds of
shooting (by firing squad, and at close range to the heart or the head).

COUNTRIES WHICH HAVE ABOLISHED THE DEATH PENALTY COMPARED

TO THOSE WHICH HAVE EXECUTED

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120

100

80

60 executing countries
abolising countries
40

20

0
1993
1995
1997
1999

2003

2007

2011
1991

2001

2005

2009

70. But regardless of whether executions are happening, thousands are being sentenced
to death. At least 1,923 people were known to have been sentenced to death in 63 countries
in 2011. This is the minimum figure - a decrease from 2010's minimum 2,024 death
sentences worldwide. They include 303 people in Pakistan and 108 in Malaysia.

71. The report - stuck as it is with closed information from many countries, breaks
down the figures as much as it can. It shows:

a) 14 women, minimum. killed in state executions in 2011

b) 5 Women were executed in Saudi Arabia last year, including a woman
convicted of "witch draft and sorcery" in December
c) At least 36 women were on death row around the world in 2011 - again an
underestimate because of China
d) In Nigeria, Saudi Arabia and Yemen people who were juveniles at the time
the alleged crimes were committed remained in detention under a sentence of death

Asia-Pacific

a) 56 independent states in the Asia-Pacific region that are UN members:

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b) 24 (43%) maintain the death penalty in both law and practice.

c) 19 (34%) have abolished it.
d) 3 (5%) retain it for crimes committed in exceptional circumstances (such as in time
of war).
e) 10 (18%) permit its use for ordinary crimes, but have not used it for at least 10 years
and are believed to have a policy or established practice of not carrying out
executions, or it is under a moratorium.
f) Of the 2 Asian limited recognition states not included in the above numbers – both
Taiwan and the Palestinian Authority maintain the death penalty in law and practice.
g) The information above is accurate as of 2012 when Mongolia announced the
abolition of capital punishment.
h) In 2011 Asia had the world’s four leading practitioners of capital punishment –
China, Iran, Saudi Arabia and Iraq. China continues to execute more people than the
rest of the world put together.
i) Executions in Asia in 2010: China (2000+), Iran (252+), North Korea (60+), Yemen
(53+), Saudi Arabia (27+), Syria (17+), Bangladesh (9+), Palestinian Authority (5),
Taiwan (ROC) (4), Japan (2), Iraq (1+), Singapore (1+), Malaysia (1+), Vietnam
(5+), Bahrain (1).
j) Executions in Asia in 2011: China (2000+), Iran (360+), Saudi Arabia (82+), Iraq
(68+), Yemen (41+), North Korea (30+), Bangladesh (5+), Vietnam (5+) Palestinian
Authority (5), Taiwan (ROC) (5), Afghanistan (2), Malaysia (1+), Syria (1+), UAE

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Year
Execut Year
of last
Country ions abolis Notes
execut
2011 hed
ion

Current laws allow capital punishment for

 Afghanistan 2011 2
apostasy12, homosexuality, and murder.

Capital punishment was abolished

in Queensland in 1922, Tasmania in 1968,
The Territory; Australian and
 Australia 1967 1985
the Commonwealth in 1973, Victoria in 1975,
South Australia in 1976, Western Australia in
1984 and New South Wales in 1985.

Death penalty for premeditated13 murder;

plotting to topple the regime; collaborating
 Bahrain 2010 with a foreign hostile country; threatening the
life of the Emir; defiance of military orders in
time of war or martial law

Death penalty for murder; drug offences;

Trafficking in children for immoral14 or illegal
 Bangladesh 2011 5+
purposes; trafficking in women for purposes
of prostitution

China carries out far more executions than all

of the rest of the world combined, and is
notable as the only country in the world that
regularly executes thousands of people every
year. On 25th February 2011 China's newly
revised Criminal Law reduced the number of
 China 2011 1000s
crimes punishable by death by 13, from 68 to
55. Among these are embezzlement15; rape of
children; fraud; bombing; people trafficking;
piracy; rape; corruption; arson; murder;
poaching; endangerment of national security;
terrorism.

12
the abandonment or renunciation of a religious or political belief or principle
13
think out or plan (an action, especially a crime) beforehand
14
not conforming to accepted standards of morality
15
theft or misappropriation of funds placed in one’s trust or belonging to one’s employer

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Year
Execut Year
of last
Country ions abolis Notes
execut
2011 hed
ion

Death penalty for Murder; instigating a child's

 India 2004 suicide; treason16; acts of terrorism; a second
conviction for drug trafficking.

Death penalty for murder; Drug trafficking;

Terrorism;

Capital punishment is regulated by state Law

 Indonesia 2008 No. 2/1964, which stipulates that death
sentences should be carried out by firing
squad.

Iran is second only to China in the number of

executions it carries out – regularly killing
hundreds every year (many in public)
Currently the death penalty can be given for
 Iran 2012 360+
murder; armed robbery; drug trafficking;
kidnapping; rape; paedophilia; homosexuality;
espionage; terrorism; apostasy (no recorded
executions)

Death penalty for murder; endangering

national security; distributing drugs; rape;
attacks on transport convoys; financing and
 Iraq 2012 68+
execution of terrorism. Suspended in June
2003 after 2003 invasion; reinstated August
2004.

Death penalty for crimes against humanity,

high treason, genocide, and crimes against the
Jewish people during wartime. Only two
 Israel 1962 executions: accused traitor Meir
Tobiansky (posthumously acquitted) and high-
ranking Nazi Adolf Eichmann. Abolished for
other crimes 1954.

16
the crime of betraying one’s country

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Year
Execut Year
of last
Country ions abolis Notes
execut
2011 hed
ion

Prosecutors push for the death penalty only in

the case of multiple murders, or single murder
with aggravating circumstances. Judges
usually impose death penalty in case of
multiple homicides. Between 1946 and 2003
 Japan 2012
766 people were sentenced to death, 608 of
whom were executed. For 40 months from
1989 to 1993 successive ministers of justice
refused to authorize executions, which
amounted to an informal moratorium17.

North Korea performs public executions.

Current laws allow the death penalty for
prostitution; “drug transactions”; plots against
 North Korea 2011 30+
national sovereignty; terrorism; treason
against the Motherland by citizens; treason
against the people; murder[117]

Death penalty for murder. There has been an

unofficial moratorium on executions
since President Kim Dae-Jung took office in
 South Korea 1997
February 1998. However, a man was recently
sentenced to death, a sentence which had not
been carried out as of April 2009

Death penalty for drug trafficking; rape;

 Kuwait 2007
murder

Death penalty mandatory for trafficking in

dangerous drugs; discharging a firearm in the
commission of a scheduled offence;
accomplices in case of discharge of firearm;
 Malaysia 2011 1+ offences against the Yang Di-Pertuan Agong’s
person; murder. Discretionary18 for
kidnapping; consorting with a person carrying
or having possession of arms or explosives;
waging or attempting to wage war or abetting
17
a temporary prohibition of an activity
18
available for use at the discretion of the user

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Year
Execut Year
of last
Country ions abolis Notes
execut
2011 hed
ion

the waging of war against the Yang Di-

Pertuan Agong, a Ruler or Yang Di-Pertua
Negeri.

*None
since
Last execution when a colony of Britain was
 Maldives independ
in 1952. Death penalty for murder
ence in
1965

After two years under an official moratorium,

the State Great Khural has formally signed the
Second Additional Protocol to the
International Covenant on Civil and Political
Rights. This means that Mongolia has
 Mongolia 2008 2012
abolished capital punishment for all crimes
and that Mongolia is not allowed to reinstate it
anymore. Executions in Mongolia were secret
and many people did not receive the corpses19
once they were executed.

 Myanmar
1993 Death penalty for high treason

 Nepal 1979 1997 Abolished 1997 by Constitution.

Abolished in New Zealand in 1989. In 2007

 New the Cook Islands became the last of New
1957 2007
Zealand Zealand`s overseas territories to abolish
capital punishment.

 Oman 2007 Death penalty for murder; Drug trafficking

 Pakistan 2008 Death penalty for murder, drug smuggling,

terrorism, rape, unlawful assembly and

19
a dead body, especially of a human being rather than an animal

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Year
Execut Year
of last
Country ions abolis Notes
execut
2011 hed
ion

blasphemy20.

Abolished in 1987 under the

present constitution, re-introduced in 1993, re-
 Philippines -- 2006
abolished on 24 June 2006 under Republic
Act No. 9346.

Death penalty for espionage21; Threat to

 Qatar 2003 national security; Apostasy (no recorded
executions)

Saudi Arabia performs public executions.

Current laws allow the death penalty for many
violent and nonviolent offenses, including
 Saudi murder; apostasy (no recorded executions);
2012 82+
Arabia drug trafficking; rape and armed robbery drug
offenses; witchcraft; sexual
misconduct. Method most often used is
beheading by a sword

Death penalty for murder; kidnapping;

treason; certain firearm offenses; trafficking in
 Singapore 2010 more than 15 grams of heroin or morphine,
30 grams of cocaine or 500 grams of cannabis

Death penalty for murder; perjury causing an

 Sri Lanka 1976 innocent person to be executed; rape; drug
trafficking. Moratorium since 1976.

 Syria 2012 1+ Syria performs public executions. Current

laws allow the death penalty for treason;
murder; political acts such as bearing arms
20
the action or offence of speaking sacrilegiously about God or sacred things
21
the practice of spying or of using spies, typically by governments to obtain political and military information

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Year
Execut Year
of last
Country ions abolis Notes
execut
2011 hed
ion

against Syria in the ranks of the enemy,

desertion of the armed forces to the enemy
and acts of incitement under martial law or in
wartime; violent robbery; rape; membership
of the Muslim

Between 2004–2010 death sentences were not

carried out Capital punishment in the Republic
of China. Executions resumed in 2010. On 4
 Taiwan 2011 5
March 2011, five people executed. On 3 May
2011 Taiwan removed the death penalty
clauses from its Military Law statutes

Death penalty for regicide; sedition or

rebellion; offences committed against the
external security of Thailand; murder or
 Thailand 2009
attempted murder of a foreign head of state;
bribery; arson; rape; murder with intent;
kidnapping; robbery resulting in death.

Death penalty for murder; Drug

 United Arab
2011 1 offences; Rape; treason; aggravated robbery;
Emirates
terrorism

Death penalty for treason; taking action to

overthrow the government; espionage;
rebellion22; banditry23; terrorism; sabotage24;
hijacking; destruction of national security
 Vietnam 2011 5+ projects; undermining peace; war crimes;
crimes against humanity; manufacturing,
concealing and trafficking in narcotic
substances; murder; rape; robbery;
embezzlement; fraud.

22
an act of armed resistance to an established government or leader
23
a robber or outlaw belonging to a gang and typically operating in an isolated or lawless area
24
deliberately destroy, damage, or obstruct (something), especially for political or military advantage

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Year
Execut Year
of last
Country ions abolis Notes
execut
2011 hed
ion

Yemen performs public executions. Current

laws allow the death penalty for
 Yemen 2011 41+
murder; Adultery; homosexuality; Apostasy
(no recorded executions)

72. Many countries in the developing world continue to use the death penalty.
a) China
b) India
c) Substantial number of nations in the Middle East
d) Africa

73. The Few industrialized countries still employ the practice. The major industrial
democracies, only the United States, Japan and South Korea still use capital punishment.
No Western European or Central European countries execute felons, regardless of the
severity of the crime. The same is true in Canada, Mexico, Australia and much of Southern
Africa. Many countries which have death penalty laws on the books have stopped executing
inmates.
a) Russia
b) Brazil

74. In Europe and elsewhere, the worldwide abolition of the death penalty has become a
major human rights issue. Countries like the United States are routinely criticized for
continuing to execute inmates.

DEATH PANELTY ANALYSIS OF THE WORLD

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75. Countries in the Far East were probably the most articulate and the earliest
proponents of the death penalty in a relativist mode that attempts to impose views that were
culturally specific.
a) South Korea
b) Japan
c) Taiwan
d) China

76. Recently East-Asia’s policy of the death penalty has been changed. South Korea
could now be considered de facto abolitionist, in that it retains the death penalty in law but
has not carried out any executions since December 1997.In Taiwan, regarding the death
penalty then-President Chen called a policy of “gradual abolishment of death penalty” in
2001.Japan has executed continuously with the exception of a few abolitionist periods,
between 1989 and 1993.

77. Three East-Asian countries have now the “symbolic” and “nominal” execution
policy, because they have still capital punishment in their legal system but relatively very
low rate of execution or administrative non-execution. By contrast, China has had the
highest execution rate in East-Asia as well as in the world. In China, however, nevertheless
there is now discussion of a “kill less and kill carefully” policy as the first step on the road
to ultimate abolition. Recently, East-Asia’s changing policy of the death penalty has been
caught between hope and despair.

a) In South Korea, recently in 2010 there have been signs of the resumption of
executions with a recent 4-5 decision on February 25, 2010 by the Constitutional
Court to uphold the retention of capital punishment compared to a 7-2 decision
made 14 years ago, in November 1996.
b) On April 30, 2010, in Taiwan convicts have been executed. The former
Minister of Justice, Wang Ching-Feng, who never signed execution orders for the
44 convicts on death row during her term, was forced to resign the death penalty
policy. Taiwan’s four-year record of non-execution was gone on April 30, 2010 is
88.Taiwan’s four-year record of non-execution was gone.
c) Japan shows a striking increase in the number of death sentences and
executions since 2006.Between 2001 and 2005 the number of executions were
under 2, but in 2006 it was 3, in 2009, 7, and in 2008, 15.

78. The debate over the propriety of capital punishment in East-Asia often evokes
heated argument along cultural and religious lines, because states in East-Asia such as

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South Korea, Japan, Taiwan and China, compared to Western countries, are authoritarian
and hierarchical societies characterized by Confucianism which emphasis a social order.
In East Asia, due to this conventional idea, there is a more general trend toward increased,
punitive criminal justice policy. East-Asia’s changing capital punishment policy, especially
South Korea, Japan, Taiwan, and even China, hold the idea “the death penalty is different”
in common.

79. The courts in those countries are very strict in imposing the death penalty, although
they failed to invalidate the death penalty in itself. Perhaps the easiest way is administrative
non-execution without formal abolition. If the Ministry of Justice chose to stop execution,
the easiest method would be quite administrative action. That would be also a risky way.

80. There appear to be three alternative futures of de facto abolitionist South Korea:

a) A continuation of the current moratorium on execution

b) Formal abolition
c) Resumption of execution.

81. In 2010, there was an attempt to reintroduce executions as well as efforts to activate
anti-death penalty activism and a legislative abolition. The current de facto abolitionist
situation has been caught between extremes, hope and despair. An analysis of South Korean
death penalty issues at the levels of the executive, the judicature and the legislative branch
shows a gradual transition to formal abolition. A gradual transition needs a certain period.
Some abolitionists could disappointedly believe that a period without capital punishment is
unnecessary.

82. Rejectionists, on the other hand, hope to use the moratorium period to fix capital
punishment’s flaws. A certain period means not only de facto moratorium but also a
civilized legal system, because death penalty policy can change as quickly only in a nation
with a, civilized legal system. Therefore, the judicial reforms in East-Asian countries are
good sign for the future abolition.

83. The South Korean case will be evidence that the moratorium is no ultimate strategy
of abolition, but a very last resort for the gradual transition to formal abolition. Continued
progress toward the end of capital punishment in South Korea could put pressure on other
all Asian countries.

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84. As per the analysis China is the country which is having more execution because of
the offences that Chinese government is considering. 68 offences are in China for which
can receive a death sentence.

a) Murder
b) Robbery
c) Intentional injury
d) Drug trafficking
e) Reselling forged VAT receipts
f) Causing damage to public property
g) Cattle rustling
h) Selling overpriced ants and so on.

85. Other than China, Iran, North Korea, Yemen and USA are having more executions
around the world. When we consider about Iran, it is a country which is under Sharia Law.
The death sentence is usually handed down for crimes such as

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a) murder
b) rape
c) homosexuality and
d) Until recently drug-related offences

86. The hangings usually take place in the early hours of the morning as the sun rises,
often at the crime scene or in a city center. The families of both the victims and convicts
gather as the authorities prepare to hang the condemned criminals from cranes. A huge
crowd, which might include children, usually surrounds the scene. In psychological aspects
it corrupts the mind of people in the society. According to Amnesty, at least 676 judicial
executions are known to have been carried out in 2011 globally. More than half of those
took place in Iran, which executed at least 360 people. But reports about the regime's
campaign of secret and mass hangings of prisoners have made it impossible for Amnesty to
publish the true figures in Iran, like in China. Iran, which executes more people than any
other country in the world apart from China, is notorious for its public hanging.

87. At least 676 executions were known to have been carried out worldwide in 2011, an
increase on the 2010 figure of at least 527 executions worldwide. The increase is largely
due to a significant increase in judicial killings in Iran, Iraq and Saudi Arabia. Among
Western, industrialized nations, the United States is the only nation to employ capital
punishment. Even where capital punishment is employed in the U.S. A Most jurisdictions
use it rarely, on average, about 60 executions per year. According execution data of 2010,
this reduced up to 46 per year.

MURDER RATES IN UNITED STATES

Murder Rates in Death Penalty States and Non-Death Penalty States

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Sources: FBI Uniform Crime Report 2010

(Murder rates are from the FBI's "Crime in the United States" and are per 100,000
population)

88. When comparisons are made between states with the death penalty and states
without, the majority of death penalty states show murder rates higher than non-death
penalty states. The average of murder rates per 100,000 population in 1999 among death
penalty states was 5.5, whereas the average of murder rates among non-death penalty states
was only 3.6.

CHAPTER FOUR

CRIME RATE ANALYSIS OF SRI LANKA

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A TENDENCY OF GRAVE CRIME 1941-1969 IN SRI LANKA

40000
35000
30000
25000
20000
15000
10000
5000
0
1945

1951
1953

1959

1965
1967
1941
1943

1947
1949

1955
1957

1961
1963

1969
TENDENCY OF GRAVE CRIME FROM 1981 TO 2003 IN SRI LANKA.

70000

60000

50000

40000

30000

20000

10000

0
1981

1987

1993
1995

2001
1983
1985

1989
1991

1997
1999

2003

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89. The above graph illustrates that the Western Province has the highest number of
murders this year (134) with the Southern Province next (97) and then Sabaragamuwa (72).

90. However, a study by the United Nations Office on Drugs and Crime (UNODC)
reported that there had been 958 intentional homicides as at 2009 at a rate of 4.6 per
100,000 of the population.

91. This year, there have been 554 incidents, lower than 2009’s figures. However the
year has not come to an end as yet.

92. The application provides statistics as to the total world population, and even allows
you to enter your birth date to find out where you fit in on the population timeline. The data
is provided by estimates from the United Nations Population Division, with the calculations
courtesy of the UN Population Fund. It also gives detailed country statistics, based on the
UN’s Division’s latest figures. Sri Lanka is estimated to have approximately 21 million
people, with an average yearly growth of 1%.

93. It also calculates the number of births and deaths every hour. According to the UN
Population Division, there are 44 births and 15 deaths every hour in Sri Lanka. Six
immigrants are also leaving the country every hour, it claims. Moldova is the fastest
shrinking, with the population reducing by 106 people a day. The figures on rape are less
comprehensive. There had been 400 cases of alleged rape as at September this year, though
he did not have the breakdown by province.

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94. Last year, in Sri Lanka reported 480 cases of child rape between January and June
2010, or three children a day. Ratnapura had the highest incidence of child rape, with 47
reported from January to June in 2010. 925 such cases were reported in 2009. Meanwhile,
nationmaster.com, a statistics website, only had the number of rape cases as at 2006. Sri
Lanka had a rate of 7.4 reported sexual assault cases per 100,000 of the population at that
time, according to the European Institution for Crime Prevention and Control.

REASONS FOR INCREASING CRIME RATE

350

300

250

200
murder
rape
150
sexual harrasment
100

50

0
2006

2007

2008

2009
2005

2010

2011

95. To a certain extent, poverty and unemployment do have their contributions to the
increasing crime rates. However, it is not easy to explain away most of the crimes purely
based on such simplistic reasoning. Here we examine some of the root causes behind rising
crime rates.

a) Incomplete Education System

96. The modern university education is focused primarily on providing

extensive Information and Data, the sole purpose of which is to equip students to earn their
livelihood. Thus, higher aspects of education, such as personality development, value
inculcation and self-discovery are often ignored. With the focus purely on materialistic
achievements, people are tempted to employ unfair means to achieve the desired objective.

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This mentality, if extended further, can easily lead one to cheat and subsequently graduate
into white collar crimes, such as fraud, forgery and false pretences.

DIRRECTOR ADMISSION OF PRISONERS SENTENDED TO DEATH

ACCORDING TO THE LITERACY 2007-2011

200
180
160
140 LITERATE
120 LITERATE UP TO
100 THE GRADE 8
80 LITERATE ABOUT
GRADE 8
60
TOTAL
40
20
0
2007 2008 2009 2010 2011

b) A Superficial Culture

97. A superficial materialistic culture that focuses on what we possess rather than what

we really are is largely responsible for misdirecting the masses. Beguiled by an endless
array of ads, slogans and culture trends prompting us to switch to a high end luxurious
lifestyle that we don’t need and can hardly afford, we are gripped with desire and then with
frustration and dismay when we either fail to achieve this, or if they fail to satisfy us.

c) Dubious Scientific Theories

98. Many modern theories that were floated around for the purpose of explaining the
origin of the universe and the living beings are primarily reductionist in nature, attributing
the functioning of everything on the basis of elementary particles and molecules. Referring
to a living being as merely a bag of chemicals breeds a destructive mentality. Such theories,
in spite of being rejected by eminent scientists, have found their way into the academic text
books, thus feeding generations of naive students with such perverted conceptions, which in
fact served as breeding grounds for racism, fascism, colonization, slavery, and even world
wars.

d) Lack of proper Role Models

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99. This has become a perennial issue in our society. The famous and powerful
personalities in our society (such as the industrial tycoons, politicians and cinema stars)
leave much to be desired in terms of their ideals. Most of them are involved either in
corporate frauds, market manipulations, flouting land acquisition norms, sex scandals, land
scams or have connections with the underworld dons. Yet such personalities mostly get
away with all of this, and moreover seem to get whatever they want, in terms of wealth,
fame or followers.

e) Ineffective Law and Order System

100. It is well known that many of the people responsible for law enforcement
themselves are often hand in glove with criminals for making some quick gains by
underhand means. Even otherwise, they are not too keen on nabbing the culprits unless the
crimes are of larger magnitude. This sluggish attitude from the law enforcers encourages
the criminals in their nefarious activities.

f) Alcoholism and Drugs

101. Alcohol and drug consumption affects the mind and impairs judgment and rational
thinking, causing an individual to lose control over his inhibitions and act on impulse. This
has been a big time contributor to crime worldwide. For instance, the US Department of
Justice reports that 40% of the crimes involved alcohol abuse and up to 87% of the people
arrested in urban areas tested positive for drugs.

g) Television

102. The television has a powerful influence, especially on the impressionable children
and youth. Research studies have shown that children who grew up watching violence
depicted on television exhibit aggressive behavior patterns. This is even reflected in
their play time, where they act out violent scenarios and brandishing toy weapons. By the
time they grow into adolescence, they are like time bombs, ready to explode with all the
violence they have been seeing on television. Generally, movies shown on television
glorify all acts performed by the movie heroes.

h) Prison Houses

103. The general opinion among people is that tougher prison sentences would act as a
deterrent for the criminals. However, statistics show that some 60% of the prisoners re-
offend within two years of their release. The reasons are not hard to understand. The Prison
is an excellent place for the criminals to meet other like minded criminal people and learn a
few new tricks of the trade.

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i) Income and the Employment

DIRRECT ADMISSION OF PRISONERS SENTENCED TO DEATH ACCORDING

TO THE INCOME OF OFFENDER 2007-2011

200
180
160 RS 250 AND UNDER RS 350
140 PER MONTH
120
100 RS 300 AND OVER
80
60
NO IN COME
40
20
0 TOTAL
2007 2008 2009 2010 2011

Factors which can reduce crime rate in Sri Lanka

104. There are six factors which are pushing crime down in USA. As Sri Lankans, we
can also apply those factors to reduce crime rate in Sri Lanka. They are,

a) Incarceration

105. Theory behind incarceration means the more criminals are put in jail, the fewer are
on the streets to commit crimes. For example, “By building more prisons and incarcerating
more people, we’ve taken criminals off the street”.

b) Policing

106. “Policing is more proactive,” asserts Bushway of the University at Albany. One way
it's more proactive, Kirkpatrick says, is surveillance. “It’s simply getting harder to commit
crime,” he says. “Cameras are everywhere. Anytime there’s a bank robbery, you can bet
there were a number of pictures taken. That’s forcing illicit behavior underground where it's
less detectable.” Nowadays in Sri Lanka Police had implement camera system around the
roads to measure speed limits and road accidents. We can use that system to capture the
accused as quickly as possible.

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c) Social programs

107. Law enforcement has worked with community groups for years to develop
programs to keep youths engaged, provide them outlets, and combat crime. “Efforts to
attend to the needs of young offenders through community outreach programs have
helped,” Kirkpatrick says. "The more attention we pay in our communities to kids at risk,
the better.” From that we can reduce crimes by acknowledging youth community and get
them to the correct path.

d) Demographics

108. One factor contributing to the downward trend in crime may be simple
demographics: Young people commit the most crime, and young people make up a smaller
percentage of society now. “Median age has increased rather dramatically in last 25 years,”
Bushway says. “Crime tends to be committed by young folks.”

e) Unemployment benefits

109. Some theories suggest that the more government support an individual can receive –
through unemployment benefits, food stamps, controlled rent, and other forms of welfare –
the less he or she may be encouraged to commit financial- or stress-motivated crime. The
government’s stepped-up aid during this recession may have had an effect on crime, says
Bushway. “The extension of unemployment benefits probably held off crime,” he says. As
a developing country, Sri Lanka also contributes his maximum effort by giving Cooperative
benefits for poor people.

f) Fewer opportunities

110. In at least one way, the recession may have actually staved off property crime, says
Richard Rosenfeld, president of the American Society of Criminology and a professor of
criminology at the University of Missouri in St. Louis. “During severe recessions like the
current one, with chronically high unemployment rates, more people are at home and can
act as guardians for their home,” Mr. Rosenfeld says. “That leads to a decline in residential
burglaries.” Furthermore, people have less cash and valuables on hand and in their homes
now, making them less-attractive targets, he says. Will crime rates change as the US climbs
out of recession? Probably, but they won’t necessarily be tied to any recession-related
factors, Bushway says. “The crime rate has been leveling off lately following a long, slow
decline,” he says. “What’s striking is it’s looking like it might start going up. If I can
predict anything, it’s going to go up again.

111. From these factors Sri Lanka also can reduce crime rate. Other than that we can
apply another few things as Sri Lankans. They are,

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Conduct rehabilitation programs

112. In Sri Lanka, main concern is to rehabilitate the prisoners. For that, inside the
prison, they conduct several programs like religious activities, celebrating multi-cultural
festivals, giving training for become self-employees such as conduct sewing courses,
weaving mats and other fancy items, making ornaments and jewelries. From these activities
they can earn money as well as can be mentally relax. Then if they get out from prison from
a special amnesty from his Excellency, the president, they can come up from the vulnerable
environment where they were before. Otherwise by going back to the same society they got
to do illegal things

DEATH PENALTY IN SRI LANKA

113. Sri Lanka has history of over 2,500 years been ruled by a large number kings before
invasion by foreign countries, lastly by the British Empire in 1815 and became a British
Colony until 1948.

114. Early days the wrongdoers or criminals were summoned before the king or the ruler
and questioned, cross-examined and warned or reprimanded. The verdict was meted out
then and there based on the seriousness of the crime committed. No room was left for the
suspect to defend himself or challenge the judgment delivered by the authority. Innocent
parties were often victimized by some of the verdicts given by the kings as there was no
proper administration of Justice or judicial process.

115. The Capital punishment existed from the ancient days and continued to exist until
mid1950’s.Mr. S.W.R.D. Bandaranaike, the fourth Prime Minister of Independent Ceylon,
who came into power with a Buddhist philosophy and convincing majority with his
ideology and charisma, abolished capital punishment with relation to the Buddha Jayanthi
celebrations. The move initialized was objected by several politicians and other social
activists as their standing was that the Capital Punishment should exist as a controlling
factor of crime. Soon after Mrs. Sirimavo Bandaranaike became the prime minister
immediately reintroduced capital punishment which remained in practice until the late
seventies.

116. The re-imposition of capital punishment or the death sentence has been discussed in
public by various interested parties and groups during the past several years and this was
due to the increasing crime rate in the country, the public believes that it is imperative that
the rulers pay serious attention to this long overdue issue without wasting more time, during
which there could be more heinous crimes.

117. Since the year 2000 there are 1,164 death row inmates languishing in jails waiting
for execution or a final decision for commutation for execution. It is also noted that the said
Life imprisonment will be reduced when state pardon is granted on various occasions,
which will make wrongdoers/criminals feels less fear for committing of crimes.

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118. The need of re-introduction of Capital Punishment has become so important to

reduce the rate of crimes even the Sri Lanka National Child Protection Authority has taken
steps to propose the government to impose death penalty to the child abuse offenders.

RELIGIOUS VIEW

a) Buddhism

119. Because Buddhism exists in many forms, under many organizations, there is no
unified Buddhist policy on capital punishment. In terms of doctrine the death penalty is
clearly inconsistent with Buddhist teaching. Buddhists place great emphasis on non-
violence and compassion for all life. The First Precept requires individuals to abstain from
injuring or killing any living creature. The Buddha did not explicitly speak about capital
punishment, but his teachings show no sympathy for physical punishment, no matter how
bad the crime. An action, even if it brings benefit to oneself, cannot be considered a good
action if it causes physical and mental pain to another being. If a person foolishly does me
wrong, I will return to him the protection of my boundless love. The more evil that comes
from him, the more good will go from me.

120. Buddhism believes fundamentally in the cycle of birth and re-birth (Sansara) and
teaches that if capital punishment is administered it will have compromising effects on the
souls of both offender and the punisher in future incarnations.

121. As far as punishment in this world is concerned, Buddhism has strong views:
Inhumane treatment of an offender does not solve their misdeeds or those of humanity in
general - the best approach to an offender is reformatory rather than punitive25punishment
should only be to the extent to which the offender needs to make amends, and his
rehabilitation into society should be of paramount importance punishing an offender with
excessive cruelty will injure not just the offender's mind, but also the mind of the person
doing the punishing it is impossible to administer severe punishment with composure and
compassion if the crime is particularly serious, the person may be banished from the
community or country. Buddhist countries and capital punishment. Despite these teachings
several countries with substantial Buddhist populations retain the death penalty, and some
of them, for example Thailand, continue to use it.

b) Christianity

122. In the 1970s, the National Association of Evangelicals (NAE), representing more
than 10 million conservative Christians and 47 denominations, and the Moral Majority,
were among the Christian groups supporting the death penalty. NAE's successor, the
Christian Coalition, also supports the death penalty. Today, Fundamentalist and Pentecostal
churches, as well as the Church of Jesus Christ of Latter-day Saints (Mormons), support the

25
Very several and that people find very difficult to pay

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death penalty typically on biblical grounds, specifically citing the Old Testament (Bedau,
1997). Although formerly also a supporter of capital punishment, the Roman Catholic
Church now opposes the death penalty. In addition, most Protestant denominations,
including Baptists, Episcopalians, Lutherans, Methodists, Presbyterians, and the United
Church of Christ, oppose the death penalty.

c) Hinduism

123. There is no official Hindu line on capital punishment. However, Hinduism opposes
killing, violence and revenge, in line with the principle of ahimsa (non-violence).India still
retains the death penalty, and the reasons for this are likely to be similar to be those
suggested in the Buddhist section. The debate on capital punishment in India was revived in
2004 by the case of Dhananjoy Chatterjee who had been sentenced for rape and murder.

124. At present more than 100 people are on death row in India, although the number of
executions in that country is actually very low and the Indian Supreme Court has ruled that
the death penalty should only be used in the rest of rare cases.

POLITICAL VIEWS

125. There's really no such thing as a death-penalty case that isn't problematic, but in the
past few days we've seen a flurry of stories about a handful of cases which are more
troubling than usual.

126. In Texas, officials are waiting for the US Supreme Court to decide whether to stay
the execution of a Mexican national who was not informed of his right to speak to consular
officials after raping and murdering a girl in San Antonio in 1994. Rick Perry, the state's
governor, has also come under renewed scrutiny for his aggressive record on the death
penalty.

127. The Americans’ view of death penalty is different. Although support for the death
penalty has declined slightly in recent years in part due to the publicity that attends these
high-profile problem cases about two-thirds of the public still support capital punishment.

128. Those numbers, however, only measure the balance of support and opposition, not
the enthusiasm on either side. With regard to Texas, for example: the state is the nation's
most notorious supporter of the death penalty, but it's not really the case that Texans are
vastly more enthralled with it than people in other states. A salient factor in the state's
bustling death row is that until 2005, juries didn't have the option of sentencing a criminal
to life without parole. Their choices were death or eventual parole, and a lot of juries opted
for the certainty of the former. Since the law has been changed, the number of capital

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sentences has predictably collapsed, although there are still several hundred people
awaiting execution.

129. It would therefore seem that the widespread support for state-sponsored barbarism
reflects how deeply most Americans don't care about the death penalty and more
specifically don't even care about the problematic cases. In 2009 they found that a
substantial majority of people, nearly 60% of respondents, believe that an innocent person
has been executed in the past five years. However, for many Americans, agreement with the
assertion that innocent people have been put to death does not preclude simultaneous
endorsement of the death penalty. A third of all Americans, 34%, believe an innocent
person has been executed.

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CHAPTER FIVE

INTERNATIONAL STANDARDS

130. With regard to the question of capital punishment, the participating States note that
capital punishment has been abolished in a number of them. In participating States where
capital punishment has not been abolished, sentence of death may be imposed only for the
most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to their international commitments. This question will be kept
under consideration. In this context, the participating States will co-operate within relevant
international organizations. Then Sri Lanka also have ratified and singed lots of
international convention which effect to death penalty.

Universal Declaration of Human Rights (UDHR)

131. The Universal Declaration of Human Rights (UDHR) is a declaration adopted by

the United Nations General Assembly (10 December 1948 at Palais de Chaillot, Paris). The
Declaration arose directly from the experience of the Second World War and represents the
first global expression of rights to which all human beings are inherently entitled.

132. It consists of 30 articles which have been elaborated in subsequent international

treaties, regional human rights instruments, national constitutions and laws.

133. The United Nations adopted without dissent the Universal Declaration of Human
Rights (UDHR). The Declaration proclaims the right of every individual to protection from
deprivation of life. It states that no one shall be subjected to cruel or degrading punishment.
The death penalty violates both of these fundamental rights. Sri Lanka also has ratified that
convention. Then when the government processes the capital punishment, they have to
consider about those human rights also. There are some provisions which effect to death
penalty.

Section 3 of UDHR

134. In that section declared that everyone has right to life26. Then nobody can violate
that section. Then there is a problem that when government exercise penal code they should
Consider whether that provision is breached or not.

Section 05 of UDHR

26
Section 03 of Universal declaration of human right in 1948

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135. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment27. Then we process the death penalty sometime the world community can be
claim that we violate the human rights. Because we have signed the UDHR which prevent
it from being breached.
136. International Convention on Civil and Political right
137. The International Covenant on Civil and Political Rights (ICCPR) is a multilateral
treaty adopted by the United Nations General Assembly on December 16, 1966, and in
force from March 23, 1976. It commits its parties to respect the civil and political rights of
individuals, including the right to life, freedom of religion, freedom of speech, freedom of
assembly, electoral rights and rights to due process and a fair trial. As of March 2012, the
Covenant had 74 signatories and 167 parties.

138. The UN adopted the International Covenant on Civil and Political Rights (ICCPR).
Article 6 of the Covenant states that "no one shall be arbitrarily deprived of his life 28" and
that the death penalty shall not be imposed on pregnant women or on those who were under
the age of 18 at the time of the crime. Article 7 states that "no one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment."

139. Above two conventions is the primary convention which effective to the Sri Lanka.
Then as a world recognized country we should have responsibility to protect those
conventions. But when we exercise the penal code, some person can be say that it is a
breach of those international standers. As well as there are so many international stranded
are available for effect with the death penalty.

140. In 1984, The UN Economic and Social Council (ECOSOC) adopted "Safeguards
Guaranteeing Protection of the Rights of those facing the Death Penalty." In the same year,
the Safeguards were endorsed by consensus by the UN General Assembly. The Safeguards
state that no one under the age of 18 at the time of the crime shall be put to death and that
anyone sentenced to death has the right to appeal and to petition for pardon or commutation
of sentence.

141. In 1990, The Protocol to the American Convention on Human Rights was adopted
by the General Assembly of the Organization of American States. It provides for the total
abolition of the death penalty, allowing for its use in wartime only. In 1995, The UN
Convention on the Rights of the Child came into force. Article 37(a) prohibits the death
penalty for persons under the age of 18 at the time of the crime.

142. When we consider these international conventions which mainly affect the death
penalty. Actually under state responsibility Sri Lanka government have the responsible for
ensure security of the country. As well as they should responsible for protect the human
27
Section 05 of Universal declaration of human right in 1948
28
Section 6 of international covenant of civil and political rights.

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rights. As a government they should direct to the society. If any person done any criminal,
he should be punished by the government. It will help for make offender and ensure the
social security. Then government should delegate their powers to authorized person. That
means they should give the power to legislation to make rules and regulation. As well as
executive and public authority should have power to implement the legislation. As well as
court have the power to interpret the legislation. The government should give necessarily
powers to exercise the powers relating to penal code. Then there is a responsibility of state
to provide essential facilities and powers to particular authorities for ensure social security.

LIMITATION OF DEATH PENALTY

a) Mental Illness and Mental Retardation

143. Mental retardation would instead be a mitigating factor to be considered during

sentencing. On June 20, 2002, the US Supreme Court issued a landmark ruling ending the
execution of those with mental retardation. In Atkins v. Virginia, the Court held that it is a
violation of the Eighth Amendment ban on cruel unusual punishment to execute death row
inmates with mental retardation.

b) Race

143. Race was again in the forefront when the Supreme Court decided a 1987 case,
McCleskey v. Kemp McCleskeyin USA .They argued that there was racial discrimination
in the application of death penalty by presenting a statistical analysis showing a pattern of
racial disparities in death sentences, based on the race of the victim. The Supreme Court
held, however, that racial disparities would not be recognized as a constitutional violation
of “equal protection of the law” unless intentional racial discrimination against the
defendant could be shown.

c) Juveniles

144. The death penalty for those who had committed their crimes at less than 18 years of
age was cruel and unusual punishment and hence barred by the Constitution. The Court
reaffirmed the necessity of referring to “the evolving standards of decency that mark the
progress of a maturing society” to determine which punishments are so disproportionate as
to be cruel and unusual. The Court reasoned that the rejection of the juvenile29death penalty
in the majority of states, the infrequent use of the punishment even where it remains on the
books and the consistent trend toward abolition of the juvenile death penalty demonstrated
a national consensus against the practice. The Court determined that today our society
views juveniles as categorically less culpable than the average criminal.

29
connecting is young people who are not adult

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145. In 1992, the United States ratified the International Covenant on Civil and Political
Rights. Article 6(5) of this international human rights treaty requires that the death penalty
not be used on those who committed their crimes when they were below the age of 18.
However, although the U.S. ratified the treaty, they reserved the right to execute juvenile
offenders.

d) Innocence

146. The Supreme Court addressed the constitutionality of executing someone who
claimed actual innocence in Herrera v. Collins. Although the Court left open the possibility
that the Constitution bars the execution of someone who conclusively demonstrates that he
or she is actually innocent, the Court noted that such cases would be very rare. The Court
held that, in the absence of other constitutional violations, new evidence of innocence is no
reason for federal30 courts to order a new trial. The Court also held that an innocent inmate
could seek to prevent his execution through the clemency process, which, historically, has
been "the 'fail safe' in our justice system." Herrera was not granted clemency, and he was
executed in 1993.As of March 2008, 127 people have been freed from death row after their
exoneration of all charges.

SRILANKA LEGISLATIONS

147. The introduction of the punishment of death penalty can be found in Penal Code of
Sri Lanka. It is the major legislation which relate to offences that can be penalized with the
capital punishment. In section 52 of the Penal Code defines the term punishment. The
punishments to which offenders are liable under the provisions of this Code are

Firstly- Death

Secondly- Imprisonment, which is of two descriptions,

Namely;

• Rigorous, that is, with hard labor;

• Simple

Thirdly-Whipping.

Fourthly- Forfeiture of property.

Fifthly- Fine.
30
connected with national government

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148. In section 53 mention that Sentence of death shall not be pronounced on or recorded
against any person who, in the opinion of the court, is under the age of eighteen years; but,
in lieu of that punishment, the court shall sentence such person to be detained during the
President's pleasure.

149. Further Section 54 related to the death penalty. According to that section, Sentence
of death shall not be pronounced on or recorded against any woman who is found in
accordance with the provisions of section 282 of the Code of Criminal Procedure Act No.
15 of 1979, to be pregnant at the time of her conviction, but, in lieu of that punishment, the
court shall sentence her to imprisonment of either description for life or for any other term.

150. Royal park murder case is one of the latest law cases which relates to death penalty.
In this case defender has done murder in luxurious Royal Park Condominiums at Rajagiriya
in July 2005. In July 11 of 2012 the court of appeal decided that he is an offender for that
case. Then the judges decided he should be send to death penalty. This is the best example
for death penalty of Sri Lanka.

151. Periyambalam’s case31 the accused has stated that he committed culpable homicide
not a murder because of that judges decided he should not be entitled to death penalty then
judges decided that he should be imprisoned for culpable homicide.

152. Some very gruesome murders have been committed in this country after the
deactivation of the death penalty such as those of Saddepa Lakshan, a child murdered in the
course of an extortion attempt, Rita John, murdered brutally after a gang rape, the
Hokandara rape incidents and murders, the Frazer Avenue murders and the murder of a
mercantile executive in the presence of his wife and child in order to rob the luxury vehicle
presented to him in appreciation of his hard work by his company, etc.

CURRENT ISSUES IN SRILANKA

31
(1970) 74 NLR 515

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153. Over the last decade however, President Chandrika Kumaratunga made several
attempts to execute the death penalty In March 1999, after spurts of violence near the end
of her first term in office, she stated that the government would be reintroducing the death
penalty. However, she was forced to back down in the face of overwhelming public protest.
The issue hung in the balance, with all death sentences from then on being neither
commuted to life nor carried out. Discussions took place with the result that the motion
which commuted all death sentences to life in prison was revoked in January 2001.

154. On November 19, 2004, High Court judge Sarath Ambepitiya was gunned down as
he arrived home from work. He had a reputation as a judge who handed out tough
sentences. This event immediately prompted President Kumaratunga to effectively reinstate
capital punishment. The death penalty, if put in to action would be carried out by hanging.

155. In to focus the necessity of the revival of the Capital punishment in Sri Lanka. In
recent times the activities of the underworld including the drug trade seems to have
escalated to unprecedented heights with powerful corrupt politicians taking the lead
whereby the law enforcement agencies have been terrorized in to taking a back seat.
Protests have been made by human rights activists regarding the re-activation of the death
penalty .A report by Amnesty International say that 106 people were sentenced to death in
Sri Lanka last year but yet Sri Lanka continued to be among the execution-free countries.

156. Official information received by Amnesty International indicated that 106 new
death sentences were imposed in Sri Lanka in 2011 and 362 people were on death row at
the end of the year. In late December 2011 the National Human Rights Commission
announced that it intended to propose that the government abolish the death penalty.

157. However At least 800 people convicted of murder and drugs offences could
potentially be executed. Not only those protests Sri Lanka having another problems to
reintroduce death penalty .One of these are Sri Lanka wants to hire hangmen, after the
country's only two executioners quit their jobs, leaving at least 800 convicts sitting on death
row. "There are two vacancies for the hangman position after one person who held the
position got a promotion, and the other retired.

158. According to this statement government wants to reintroduce death penalty .But The
death penalty has not been used in Sri Lanka, a predominantly32 Buddhist country, since
1976, though the government reinstated it in 2004 for rape, drug trafficking and
murder .However death penalty is legal in Sri Lanka. Over the years almost all countries of
the world have included the death penalty in their legal statutes for specified types of
offences. Some of them are listed below.
a) Murder and conspiracy to murder
b) Abetment of suicide
c) Treason – Espionage – Conspiracy against the state

32
Mainly or principally

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d) Drug offences (anti-narcotic legislation) – These are punishable with death

in Sri Lanka today
e) Sex offences such as rape, extra-marital sex, prostitution, homosexual
offences etc. These are practiced mainly in the Islamic states in the Middle-east and
Northern Africa
f) Robbery, bribery, financial frauds involving public money, counterfeiting in
currency, other frauds etc. They are practiced mainly in communist countries and
countries ruled by dictators, military juntas and other anarchic states.
g) High jacking of aircrafts.
h) Possession of firearms and explosives under special Laws (Emergency
regulations).
i) Genocide – Mass murder of innocent civilians (ethnic / religious cleansing
etc.)
j) Killing of political dissidents referred to as ―counter-revolutionaries by
Anarchist regimes. In China, Jiang Qing the 69 year old widow of Chinese
Strongman Mao Test-Tung was executed in 1981.

159. Sri Lanka is the country that we are living. This is the statistical data of Death
sentences 2000-2010.

Year No. sentenced No. executed No. of death No. under

to death sentences appeal awaiting
committed to execution or
imprisonment final decisions
for
commutation of
execution
2000 72 - - 72
2001 67 - - 67
2002 69 - - 69
2003 102 - - 102
2004 68 - - 68
2005 113 - - 113
2006 165 - - 165
2007 176 - - 176
2008 128 - - 128
2009 108 - - 108
2010 96 - - 96
2011 107 - - 107
Source: Department of prison, Sri Lanka

CHAPTER SIX

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CONCLUSION

160. Though capital punishment has been in force, it had not been implemented since the
late seventies. There may have been hundreds and thousands of criminals during the last
three and a half decades who had been sentenced to death after judicial proceedings. But
none were hanged; some are still in prison and some may have got general amnesties.

161. It is the general belief that some re-convicted criminals enjoy a normal life while
serving their prison sentences through their personal influence with prison authorities.

162. It is said that some hardcore criminals who had been involved in drug businesses
spend lavishly on officials and plan other crimes from inside the prison. Most convicts who
have been sentenced to death over the past few years know very well that they will not be
hanged and may even be freed after sometime based on 'good conduct and behavior'.
163. They get quite used to prison life. It is doubtful if they become 'good citizens' after
serving a long period behind bars.

164. When capital punishment was regularly practiced in the past, the crime rate in the
country was not as high as at present. Would-be criminals were aware that if they are found
guilty that they would go to the gallows.

165. The official announcement about the re-imposition of the death sentence was made
some time back and immediately there was a significant drop in the crime rate in the
country.

166. The re-implementation of capital punishment is a sensitive and complicated matter

as it entails both advantages and disadvantages. However, it is high time that the re-
imposition of the death penalty is seriously considered to combat the ever increasing crime
rate in the country.

167. If the death penalty is not an option, then are prisons any better? Foucault in his
extremely complex and nuanced study of the birth of the prison looks at how new forms of
punishment in the post-18th century merely relocate power and redistribute it for an even
stronger control of citizens.

168. “the great movements of extension that characterize modern penalty- the
problematization of the criminal behind the crime, the concern with a punishment that is a
correction, a therapy, a normalization, the division of the act of judgment between various
authorities that are supposed to measure, assess, diagnose, cure, transform individuals- all
this betrays the penetration of the disciplinary examination of the judicial inquisition.

169. The prison is a problem because the law does not work well, because the place and
function of the prison is abused (as in the case of say perhaps the Welikada prison
massacres in 1983) but rather that prisons as a more humane alternative to the death penalty
needs to be re-examined. As suggested by Foucault, the prison itself maybe a new way of

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ordering society, of disciplining it and creating new forms of docile bodies constituted in
such a way as to make the power of the state and certain groups more effective. It is
important then to rethink forms of correction and punishment to ensure that those convicted
of crimes are not merely placed in another institution in which power is even more
insidious than even the death penalty or public executions.

REMARKS AND SUGGESTIONS

170. It is the General Public opinion that the death Penalty should be re-introduces to
reduce the increasing rate of crimes as it will set an example and the fear for committing
offences will increase. Even though the various religious view is contradicting regarding
this issue, this should be implement to a some extent to the offenders who really did a grave
damage to the natural habitats and the smooth functioning of the society because crime is
occurred with the coincide of the both physical and mental element of an offender which
prove that his malicious intention to harm others.

171. Though, sections 52 of the Sri Lankan penal code statutory include the death
penalty as one of the severe punishment in Sri Lanka it’s not implementing today as it is.
When the course is declaring the death penalty to the offenders automatically it becomes a
life in prisoner which indicates death penalty is no more activated. So it’s give a wrong
message to the community that capital punishment is no more sanction.

172. Law as a code of a conduct which particular society has chosen to compile with
cannot lag behind the social behaviors. People are expecting justice from the law. When
their expectation breached automatically trust towards the law also breached. That’s why
we recommend that death penalty should implement to some extent.

a) According to the general characteristics of a crime,

b) First it should involve the impositions of sanction of a particular character.
c) Secondly undergo special procedure is prescribe by law for the investigation
Example: Criminal procedure code
d) Finally an action is regarded entire matter between parties.

173. If one of the above characteristics is missed by law it will leads to violate social
code and basic human rights of ordinary citizen. But and on the other hand if a right person
who unable to prove his innocence beyond the resentfulness doubt before the codes and if
he would penalized under the capital punishment it will be a unforgettable black mark for
the law in terms of justice. This is what we are telling again and again this should
implement into some extent.

SUGGESTIONS

These are some of the suggestions that we introduce to the community. They are as follows.

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174. Due to the doctrine of stare diceses judgment given by the judge, the judgment
should be the same for similar cases. So that, as much as humanly possible, equal cases
are treated alike, and different cases are treated differently.

175. Immediately put to affect the National Commission’s report on the increase of
illegal light weapons that introduce in 10th march 2008.

176. Create a death-penalty review commission to review claims of a substantive error in

individual cases and study the causes of the errors. This will enable reducing errors.

177. Special instructions on forewarning judges of the deficiency of human evidence,

such as confessions made when in police custody, and eyewitness accounts.

178. Creation of an “independent scientific review system” that would upgrade standards
of crime laboratories, medical examiners, and other specialists who collect and analyze
evidence.

179. Conduct consultation programs by interviewing prisoners and it will help to make a
better society as well as Rehabilitate the prisoners physically and mentally. So as to
make them fit for professions.

180. Make use of life prisoners in the development projects in Sri Lanka by which they
can earn some money, and also contribute in the process of the development of the
country. As per the requirement government can use life prisoners for the medical and other
researches.

181. Total family resolution and Conduct Family counseling services and family
procedures.

182. Introduce the penal colonies in either rural or separate areas of countries. This
became succeed in Siberia.

BIBLIOGRAPHY

BOOKS

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183. General principal of criminal(prof: GL Peris)

184. Helen Prejean, Dead Man Walking (New York: Random House, 1993).

185. Helen Prejean, The Death of Innocents: An Eyewitness Account of Wrongful

Executions (New York: Random House, 2005).

186. James J. Megivern, The Death Penalty: An Historical and Theological Survey
(Mahwah, NJ: Paulist Press, 1997) A comprehensive history of the death penalty in the
west, this book explores the development of the death penalty chronologically and through
the early, medieval and modern periods while also providing geographical surveys.

187. Prisons statistics of Sri Lanka VOL. 2012

188. Sri Lanka penal code

189. Sri Lanka constitution 1978

190. Human rights declarations 1948

WEB SITE

a) www.usccb.org/sdwp/national/deathpenalty/index.shtml
b) www.cuadp.org/about.html
c) www.ncadp.org
d) www.religioustolerance.org

APPENDIX I

GENERAL SIR JOHN KOTELAWALA DEFENCE UNIVERSITY

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INTAKE 28
SYNDICATE 07

QUESTIONAIRE

Age :-……………………………………………………………..
Employment :-……………………………………………………………..

1. Is issuing death penalty good or bad?

Good Bad

2. Is issuing death penalty advantageous to the society?

Yes No

3. Give your reasons here.

………………………………………………………………………………………
………

4. Do people much aware about the laws of death penalty?

Yes No

5. Do you think that we can reduce crime rate by ascending death sentence to accuse?

Yes No

6. What is your religious point of view on punishing an accused?

………………………………………………………………………………………
………

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7. Rehabilitation of offenders who committed wrongs good or bad to the society?

Good Bad

8. What is your point of view on execution of death penalty in front of a large

gathering?

Good Bad

9. If it is so, will it corrupt people’s mind psychologically?

Yes No

10. Is death penalty violating human rights?

Yes No

11. Your personal opinion about issuing death penalty.

………………………………………………………………………………………

APPENDIX II

Issuing death penalty is good or Can society gain any kind of advantages by issu-
bad? ing death penalty?

Good Bad Yes No

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23% 18%
 77% 82%
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Do you think that we can reduce Rehabilitating the offenders who

crime rate by ascending death did a crime is good or bad to the
sentence to accuse? society?

Yes No Good Bad

5%
23%

77% 95%

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Does death penalty violates human rights?

45%
Yes
55% No

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