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Convict and former MP Duminda Silva, in prison on death sentence since 2016, was given the Presidential pardon yesterday
President Gotabaya Rajapaksa yesterday came under a volley of criticism for pardoning convict and former MP Duminda Silva, a move which dwarfed the positive and country’s international profile-boosting development of the release of 16 former LTTE cadres jailed for years without trials.
Strong rejection of the Presidential pardon on Silva was across the board, ranging from Opposition politicians, legal professionals, diplomats, investors and the public.
Silva was among the 93 prison inmates who were blessed with Presidential pardon to coincide with Poson Poya, the most venerated day among Buddhists. Additionally, there were 16 LTTE cadres jailed for years without trials and 77 others imprisoned for minor offenses.
In prison on death sentence since September 2016, Silva was convicted by a High Court at Bar for unlawful assembly and murder of politician Bharatha Lakshman Premachandra in October 2011.
The conviction was unanimously affirmed by a Divisional Bench of the Supreme Court headed by the then Chief Justice Priyasath Dep in October 2018.
The Bar Association of Sri Lanka (BASL) condemned the pardon, saying the move was unreasonable and arbitrary and will result in erosion to the rule of law and loss of public confidence in justice.
BASL also questioned whether pardon was granted in accordance with the report of the trial judges, AG’s advice and recommendation of the Justice Minister.
In a statement, BASL also insisted President Rajapaksa must make public the reasons as to why the case of Duminda Silva stands out from others who are currently sentenced.
“The Presidential pardon granted to convicted murderer Duminda Silva may have shocked those who trusted this Government, but it comes as no surprise to those of us who knew their attitude towards protecting murderers and punishing those who investigated them,” charged MP and former Justice Minister Thalatha Athukorala.
“Beginning with the pardon of child killer Sunil Ratnayake, this regime has demonstrated a pattern of rewarding murderers while punishing police officers who have the courage to investigate murders committed by powerful or politically connected people,” she alleged.
The main Opposition – Samagi Jana Balawegaya (SJB) – also opined that those found guilty of the most serious crimes in our law enjoy presidential protection, while the judges and Police officers who brought them to justice have targets on their backs.
“It is up to those remaining professional Police officers and civil servants to remember that Sri Lanka is not a monarchy, to ignore coercion by the Executive and to place the lives of these upstanding judges and police officers before whatever threats or inducements may be offered to them for looking the other way,” the former Justice Minister appealed.
Separately, SJB in its statement emphasised the Presidential pardon of Silva as putting the independence of the rule of law and democratic governance at grave risk. It also demanded President Gotabaya Rajapaksa to withdraw the order.
“The SJB condemns the abuse of power with disgust,” the statement added.
The United National Party (UNP) urged President Rajapaksa not to “overrule the Judiciary through the unbridled use of the Presidential pardon”, pointing out that the murder Silva was convicted for was of great public interest. The UNP also called on Rajapaksa to explain the decision.
The United States welcomed the early release of prisoners unjustifiably held under the Prevention of Terrorism Act, but condemned the pardon of convict Silva.
In a tweet, US Ambassador Alaina B. Teplitz said the pardon of Silva, whose conviction the Supreme Court upheld in 2018 “undermines rule of law”.
“Accountability and equal access to justice are fundamental to the UN Sustainable Development Goals to which the Government of Sri Lanka has committed,” the US Ambassador added.
UN Human Rights, in a tweet, also said: “Presidential pardon of Duminda Silva, a former MP convicted of the murder of a fellow politician, is another example of selective arbitrary granting of pardons that weakens rule of law and undermines accountability.”
At the latest UN Human Rights Council sessions, serious concerns were expressed about the ongoing use of the Prevention of Terrorism Act and the recent intention to introduce a rehabilitation process lacking adequate judicial oversight. Human Rights Lawyer Hejaaz Hizbullah, and Poet and Teacher Ahnaf Jazeem remain detained without trial, and further arrests under this Act have continued, including among minority communities and the political opposition.
Investor Nimal Perera, via a tweet, urged President Rajapaksa to release Hizbullah and MP Rishad Bathiudeen at the same time as Silva on Poson Poya day.
“Everyone will appreciate that,” Perera added.
