To hang or not to hang? That is the question that crops up in the country once every few years. The most recent was a few days ago when the matter was discussed during the meeting of the National Operations Committee spearheading the Government’s anti-drug drive chaired by President Anura Kumara Dissanayake.
Here the possibility of imposing the death penalty on individuals involved in drug trafficking emerged as one of several proposals put forward as the Government efforts to combat the growing narcotics menace intensifies.
Once the news of the discussions around the death penalty surfaced, the usual speculation began to make the rounds and got discussed widely. At the weekly Cabinet media briefing, journalists questioned whether the Government was actively considering introducing capital punishment for drug-related offenders under the national anti-drug program.
In response, Cabinet Spokesperson and Minister Dr. Nalinda Jayatissa said a proposal had been put forward during discussions given the seriousness of the country’s drug problem and it does not represent an official Government decision.
There has been a moratorium on the death penalty in the country since 1977 and that has not stopped discussions on whether a death sentence should be carried out or continue to be commuted to life as it happens now. Some governments have actively considered carrying out the death sentence but have always backed out from actually doing so. There have been instances where applications were called to hire an executioner, a hangman’s rope being imported and the old gallows at Welikada prison given a clean-up but that’s how far things have gone.
And this time too it won’t be any different. No President will sign off on a death sentence these days given that doing so has widespread repercussions.
The European Union, one of Sri Lanka’s largest trading partners, has completely abolished the death penalty. Capital punishment is banned across all 27 EU member states, and abolition is a mandatory core requirement for any country joining the union. The United Kingdom too has abolished the death penalty and there are growing calls from United Nations bodies for all countries to either have a moratorium in place or abolish capital punishment.
Hence for Sri Lanka, carrying out a sentence would mean the country could lose many of its concessionary trade benefits from the EU and the UK and also face censure at UN bodies.
Added to that is there does not seem to be wide support of the people for such a move nor of religious leaders while there is no consensus among political parties or their members on carrying out the death penalty.
So far, all available studies show that capital punishment is not a deterrent against crime. In Sri Lanka where drugs have become a social menace, and there is a growing clout of drug dealers in society, capital punishments will do little to stop the spread of the drug menace.
The underlying problem is a socio-economic one and unless the inequalities in society are addressed first, hanging a few who have been sentenced to death by courts will do little to curb the situation. In fact, what will happen is more divisions in society will emerge with more citizens alienated from the mainstream which in turn would make anti-social activities worsen.
There is no point holding the death penalty up as the Sword of Damocles thinking it will deter criminals. What the Government should do instead is move towards abolishing the death penalty and taking meaningful steps that address the grassroot causes that are leading to organised crime and the worsening drug trade involving Sri Lankans.