header logo
Mogo Academy
Latest
Resuming executions in Sri Lanka a violation of international law - ICJ
Feb 14, 201912:15 PM
Resuming executions in Sri Lanka a violation of international law - ICJ
Mobitel Inner

The International Commission of Jurists (ICJ) has called on Sri Lanka’s President, Maithripala Sirisena, to retract his recent pronouncement that executions would resume in the country notwithstanding a moratorium on capital punishment that has lasted 43 years.

 

The last execution was carried out in Sri Lanka in 1976.

 

“Resuming executions would be an egregious violation of Sri Lanka’s obligations under international human rights law, a serious threat to human rights in the country, and it would be inconsistent with the global trend towards the abolition of the death penalty,” said Frederick Rawski, ICJ’s Asia-Pacific Director.

 

Speaking in Parliament last week, President Sirisena vowed to resume executions of those convicted of “drug offences” as early as within the next two months.

 

The ICJ says it considers any resumption of executions in Sri Lanka as constituting a violation of international law and an appalling disregard for the international human rights system as a whole.

 

“At least 150 countries have now either abolished the death penalty or instituted an official or unofficial moratorium. There is a growing understanding around the world that the death penalty is an unacceptable assault on rights and dignity,” Fredrick Rawski added.

 

The ICJ said it opposes the death penalty in all circumstances – as it constitutes a violation of the right to life and its imposition constitutes per se cruel, inhuman, or degrading punishment.

 

The Human Rights Committee, the Treaty Body supervising the implementation of the International Covenant on Civil and Political Rights (ICCPR), by which Sri Lanka is bound, has recently made clear in its General Comment 36 on Right to life that, “it is contrary to the object and purpose of Article 6 [of the ICCPR, which enshrines the right to life] for States parties to take steps to increase de facto the rate and extent in which they resort to the death penalty”, and that, “States parties that are not yet totally abolitionist should be on an irrevocable path towards complete eradication of the death penalty, de facto and de jure, in the foreseeable future. The death penalty cannot be reconciled with full respect for the right to life, and abolition of the death penalty is both desirable and necessary for the enhancement of human dignity and progressive development of human rights.”

 

Moreover, the UN Human Rights Committee has made it clear that the imposition of the death penalty for “drug offenses” is incompatible with the Covenant, the ICJ statement said.

 

The UN General Assembly has adopted repeated resolutions, most recently in December 2018, by overwhelming majority in calling for all retentionist States to observe a an immediate moratorium with a view to abolition.

 

“It must be noted that Sri Lanka voted in favor of a moratorium on the use of the death penalty in the 2018 UN GA Resolution.” This commitment should not be reversed, but upheld in practice instead, the ICJ says.

 

The ICJ called on the Government of Sri Lanka to reject the resumption of executions and to do away with the death penalty once and for all.

 

Instead of planning on resuming executions, the Sri Lankan authorities should focus on effective, evidence-based approaches to crime prevention in manners that conform to international human rights law and standards, such as formulating policies and legislation that address the underlying social and economic causes of criminality, which are also vital to ensuring stability and the rule of law, it said.

 

The ICJ also urged Sri Lanka to immediately ratify the 2nd Optional Protocol to the International Covenant on Civil and Political Rights, which obligates State Parties to take all necessary measures to abolish the death penalty.

 

Meanwhile the Asian Human Rights Commission (AHRC) has also condemned the President’s resolve to resume executions in Sri Lanka.

 

“In the latest move showing regression from democratic and human rights ideals, President Sirisena has also proposed that within three months, a 43-year moratorium on the death sentence will end, and those found guilty of drug related offences will be hung.”

 

The President has been inspired by his recent visit to the Philippines, where he highly praised the manner in which social control is exercised, the AHRC said.

 

“President Sirisena’s views are quite contrary to those of the civilised world, which has largely condemned Philippines’ policy of extrajudicially killing drug traffickers,” the statement said.

 

 

 

MostRead
Mobitel Upahara
VideoStories
Farmers struggle continues as paddy prices plummet; PMB buys over 1 million kg of ‘Yala’ paddy

Farmers struggle continues as paddy prices plummet; PMB buys over 1 million kg of ‘Yala’ paddy

“Final salute to a dedicated officer ”Former IGP Wickramaratne laid to rest with full police honours

“Final salute to a dedicated officer ”Former IGP Wickramaratne laid to rest with full police honours

 Dengue situation worsening in Sri Lanka; Caseload surpasses 76,000 with 162 MOH areas at high risk

Dengue situation worsening in Sri Lanka; Caseload surpasses 76,000 with 162 MOH areas at high risk

 12 years at the heart of every breaking story Ada Derana News Channel marks another milestone

12 years at the heart of every breaking story Ada Derana News Channel marks another milestone

“Sri Lanka reclassified as Upper-Middle Income economy” What are the benefits for the people?

“Sri Lanka reclassified as Upper-Middle Income economy” What are the benefits for the people?

Former Presidents, politicians pay last respects to ex-Police Chief; Final rites tomorrow in Borella

Former Presidents, politicians pay last respects to ex-Police Chief; Final rites tomorrow in Borella

Women account for most dengue fatalities in 2026; PHIs take legal action against 10,000 individuals

Women account for most dengue fatalities in 2026; PHIs take legal action against 10,000 individuals

“Many have lost faith and trust in God” Cardinal says modern society prefers football over religion

“Many have lost faith and trust in God” Cardinal says modern society prefers football over religion

Govt has belittled and ridiculed country's farmers - MP Dilith Jayaweera

Govt has belittled and ridiculed country's farmers - MP Dilith Jayaweera

Who supplied fake QR stickers found on liquor bottles? MP Harsha de Silva questions

Who supplied fake QR stickers found on liquor bottles? MP Harsha de Silva questions

Farmers raise concerns over unopened govt paddy warehouses

Farmers raise concerns over unopened govt paddy warehouses

Over 1,500 fatalities reported from road accidents so far this year - Sri Lanka Police

Over 1,500 fatalities reported from road accidents so far this year - Sri Lanka Police

Former IGP C.D. Wickramaratne found dead in suspected suicide at Malabe residence

Former IGP C.D. Wickramaratne found dead in suspected suicide at Malabe residence

Appeal Courts postpones further hearing of Suresh Sallay’s writ petition to July 21

Appeal Courts postpones further hearing of Suresh Sallay’s writ petition to July 21

“Democracy must be defended from elected leaders” - Former BASL President

“Democracy must be defended from elected leaders” - Former BASL President

Lassana Flora