President will not sign death warrants, AG tells SC

The Attorney General today informed Supreme Court that President Ranil Wickremesinghe has decided not to sign any warrant for execution and thereby he will act according to the procedure adopted by his predecessors.

Additional Solicitor General appearing for the Attorney General informed Supreme Court that the Secretary to the President has informed through a letter that the President will not sign any warrants for executions on the offenders sentenced to death after conviction by a court.

President's Counsel Sanjeewa Jayawardena appearing for the petitioners informed Supreme Court that in view of the undertaking that the President will not sign the warrants for execution, it has addressed the immediate concerns of the petitioners, nevertheless the petitioners are unable to withdraw these Fundamental Rights petitions.

In view of the submissions made by parties, the Supreme Court five-judge-bench comprising Justices Vijith Malalgoda, Murdu Fernando, S. Thurairaja, Gamini Amarasekara, and Priyantha Fernando decided to terminate the proceedings into the petitions reserving rights of the petitioners move to revise the applications in the event of an eminent threat of any execution being carried in the future.
 
Several Fundamental Rights petitions had been filed challenging former President Maithripala Sirisena's decision to clear the execution of four prisoners convicted of drug offenses. 

These petitions had been filed by several petitioners including Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu and Attorney-at-Law Kavindu Hewa Geeganage naming Attorney General, Justice Minister, Commissioner General of Prisons, Welikada Prison Superintendent and several others as respondents.

The petitioners are seeking an order directing the Commissioner General of Prisons and Welikada Prison Superintendent from executing any prisoner consequent to a death warrant signed by the President.

In its petition, the CPA stated that it has long been recognized that hanging by death is a cruel and inhuman form of punishment, not befitting a multi-religious and civilized society. Though convicts have been sentenced to death, the long recognized practice in Sri Lanka for over 43 years has been that they were not executed.

The CPA reiterates that the implementation of the death penalty at this juncture is a violation of fundamental rights guaranteed under Article 11(Freedom from torture) and under Article 12(1)[ All persons are equal before the law and are entitled to equal protection before the law] of the Constitution. (Lakmal Sooriyagoda)