AG informs Supreme Court of President’s decision on death penalty

The Attorney General informed the Supreme Court yesterday that the incumbent President has opted not to sign any verdicts delivered by any court of law in Sri Lanka permitting the use of capital punishment.

This was conveyed by Additional Solicitor General (ASG) Nerin Pulle, who appeared on behalf of the Attorney General when the fundamental rights (FR) petition filed against former President Maithripala Sirisena’s move to place his signature on the death sentences handed down to four convicted of narcotics-related charges back in 2019 was called before a five-member Supreme Court judge bench this morning.

The bench comprised Supreme Court judges Vijith Malalgoda, S. Thurairajah, Gamini Amarasekara, Murdu Fernando and Priyantha Fernando.

The FR petition had been filed by the relevant death row inmates, the Centre for Policy Alternatives (CPA) and several others.

The President’s position regarding the death penalty was conveyed in writing to Attorney General Sanjay Rajaratnam by Presidential Secretary A.S.G. Pulle told the judge bench.

However, President’s Counsels Saliya Peiris and Sanjeewa Jayawardena, representing the petitioners, argued that the future Presidents of the country might be of the same view as the incumbent Head of State with regard to the death penalty. 

The chair of the judge bench Vijith Malalgoda noted that future presidents to make sure that such occurrences are not unfolded.

After noting down the undertaking given by the Attorney General not to implement the death sentences imposed on the said four death row inmates.

On 26 June 2019, then-President Maithripala Sirisena announced that he placed his signature on the order to impose the death penalty for four prisoners convicted of drug peddling.

The petitioners, pointing out that implementing the death penalty is against the Sri Lankan Government’s policy and raising questions on the criteria through which the four death row inmates were selected, sought an order from the Supreme Court revoking the former President’s decision.