US embassy cable - 03COLOMBO364

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