Government considering re-imposition of

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000364

SIPDIS

DEPARTMENT FOR SA, DRL/CRA, INR/NESA; NSC FOR E. MILLARD

LONDON FOR POL/RIEDEL

E.O. 12958: DECL: 03/04/13
TAGS: PGOV PINS SOCI PHUM PINR ASEC CE
SUBJECT: Government considering re-imposition of
capital punishment

Refs: Colombo 331, and previous

(U) Classified by Lewis Amselem, Deputy Chief of
Mission. Reasons 1.5 (b,d).


1. (C) SUMMARY: The Sri Lankan government is considering
whether to re-impose capital punishment, which remains
on the books, but has not been used since 1976. Some in
the GSL say the death penalty would be useful to counter
rising crime rates. The Prime Minister's view is not
yet clear. The president is believed to be leaning
against the death penalty, while human rights groups are
strongly opposed. In pushing for the death penalty,
some in the GSL seem to sense a vote-winning issue. END
SUMMARY.

============================
Some Press for Death Penalty
============================


2. (C) The Sri Lankan government is seriously mulling
over the possible return of capital punishment. While
the death penalty remains on the books as a punishment
for murder, it has not been imposed since 1976.
(Note: In fact, although there have been many extra-
judicial killings by both sides, the death penalty has
not been imposed by the GSL as a matter of law during
the course of its conflict with the Tamil Tigers.)
Interior Minister John Amaratunga has taken a lead role
in pressing for the use of the death penalty and he was
recently photographed as he inspected the gallows at
Colombo's Welikada prison. (Note: Hanging has been the
traditional mode of executions in Sri Lanka, although
the GSL is studying other options, including the
electric chair and lethal injection.) Amaratunga, a
gruff, tough-minded politician, has been quoted as
stating that he would like to see the death penalty used
within the next several months.


3. (SBU) In making his case for the use of capital
punishment, Amaratunga has claimed that it is needed in
order to counter rising crime rates. He has asserted,
for example, that gang members and others in the
underworld would take the death penalty seriously as a
deterrent. (Note: When asked about the crime
situation, most contacts agree that crime rates have
risen in Sri Lanka in the past couple of years, though
not dramatically. They add that there has been a
noticeable increase in gangland-type killings, however.
End Note.)

====================
PM's Views Not Clear
====================


4. (C) Amaratunga's campaign for the return of capital
punishment has powerful supporters in the governing
United National Party (UNP). Chief among them is Karu
Jayasuriya, the Minister for Power and Energy and deputy
leader of the UNP. In his typical sphinx-like manner,
however, Prime Minister Wickremesinghe has not made his
views clear. Desmond Fernando, a well-known human
rights attorney and close friend of the PM, has told us
that he does not believe Wickremesinghe will go along
with Amaratunga's effort, as the PM does not see the re-
imposition of the death penalty as a key tool in
fighting crime. Fernando added that the Prime Minister
remained willing to examine all views, however, and was
planning to discuss the issue further at upcoming
cabinet meetings.

===========================
President: Leaning Against
===========================


5. (C) In order to move forward with the death penalty,
the GSL would need the support of the president, who has
to sign off on any executions per Sri Lanka's criminal
code. Thus far, President Kumaratunga has not made
clear whether or not she would support a decision by the
government to re-impose the death penalty. That said,
the president is believed to be leaning against its re-
imposition. On this point, Desmond Fernando noted to us
that her views on social matters were often influenced
by her Francophile leanings (she was educated in France)
and her desire to be seen as a "liberal." Given these
tendencies, he doubted she would support any effort to
bring back the death penalty.


6. (SBU) (((Note: The president is also known to
treasure her family's role in Sri Lankan politics. This
factor also tends to reinforce the conclusion that she
will not support the death penalty. After all, it was
her father, Prime Minister S.W.R.D. Bandaranaike, who
put in place the first moratorium on the use of the
death penalty in Sri Lanka's history. After
Bandaranaike's assassination in 1959, the death penalty
was re-imposed. Her mother, Sirimavo Bandaranaike, who
served as PM subsequently, supported the use of the
death penalty only sparingly. End Note.)))

===========================
Human Rights Groups Opposed
===========================


7. (C) Human rights groups are rapidly becoming
mobilized against the possible return of the death
penalty. M. Remadious, an adviser with the Center for
Human Rights and Development, a local NGO, told us that
his group had recently met and discussed ways to protest
against the death penalty. Remadious said further
meetings were planned. Dr. P. Saravanumuttu, co-
director of the Center for Policy Alternatives, another
well-known local NGO, told us that his group was
strongly against the death penalty and would participate
in upcoming meetings on ways to prevent its re-
imposition in Sri Lanka. (Note: Sri Lanka is a
predominately Buddhist country and some Buddhist groups
oppose the use of the death penalty citing religious
strictures. Many Buddhists, including some in the top
clergy, do not see their religion as being in conflict
with the use of the death penalty, however.)

=======
COMMENT
=======


8. (C) In pushing for the death penalty, some in the
GSL seem to sense a vote-winning issue. Interior
Minister Amaratunga, for example, clearly sees the issue
as a way to highlight his anti-crime, anti-vice efforts
to a public that is believed to favor strongly the
return of the death penalty. Our guess is that
Amaratunga's effort may come up short inasmuch as he
probably cannot count on President Kumaratunga's
support. That said, Kumaratunga has to approach the
issue cautiously as the death penalty is popular with
the public at large. END COMMENT.


9. (U) Minimize considered.

WILLS