| Editorial | ||||
 |
||||
Noose
hangs loosely for want of action The knee-jerk reaction, coming as it did from the highest levels of Government, is typical of Sri Lankan politics where so often decisions are taken virtually on the run. It merely serves as an indictment on the very people who asked for its re-introduction and those who have now decided to implement it; the legal fraternity and the political fraternity. It borders on mea-culpa on their own part for the virtual anarchical state of this country. Those against capital punishment would argue that one wrong cannot be righted by another. Their case revolves around whether the State has the right to take a person's life. It is a moral issue with religious connotations as to the right to life. Those for the death penalty point to the stark ground realities to argue that the only deterrent to crime is the death penalty. Their argument is equally compelling. What we know for sure is that crime is rampant in Sri Lanka. Its tentacles are spreading. It is increasing. It is organised.When crime rings began to flourish with their links to the politician who wanted their services and the policeman who profited by crime, the otherwise sleepy Law Commission produced a draft set of principles to combat the growing menace. The Justice Ministry then produced its own draft law to fight organised crime, reiterating much of what the Law Commission had set out. But the draft bill went to Parliament, and got stuck. Because it was the UNP Government in office, the JVP feared it was a bill to jail their cadres. Some elements in the PA had the same fears but overcame them in the face of some terrible crimes on the streets. The TNA saw it as a move to bring back through the back door, the PTA (Prevention of Terrorism Act ) which went into disuse with the advent of the Ceasefire Agreement with the LTTE. There were genuine fears as well, that an unprofessional Police, or some elements in it, would exploit the law. Just take this week's example of the murder of Gerard Mervyn Perera, who was awarded compensation by the Supreme Court for inhuman torture at the hands of the Police. Not only did the Police fail to pay up, despite several reminders as he had run a huge hospital bill, but on the eve of Mr. Perera giving evidence against the Police officers who tortured him, he was killed. As Parliament bickered on, much of the 'teeth' of the proposed Organised Crime Law were removed. And then, Parliament stood dissolved, and with it the Draft Law, there being no continuity with the legislative programme. That piece of legislation has certainly never been a priority for any of the political parties, fighting for majorities in the House. At the Bar Association too, there was no clamour for this law, only resistance. The Association was keener on protecting the good name of the Judiciary from the 'vultures' in the media who were howling at the deterioration of law and order and the public's lack of confidence in the judicial system. Amendments to the Criminal Procedure Code relating to Non-Summary matters, and a host of other reforms were put on the back- burner. No meaningful changes to the country's legal system are possible when politicians and lawyers refuse to act. Then, a Judge is killed, clearly by an organised gang, and overnight, the death penalty is re-introduced. Some years ago, a courageous Magistrate in Palermo in the Italian Mafia hometown of Sicily was murdered by an organised gang. Not just the city's lawyers and judges, but the whole citizenry came out in protest - right in the face of the dreaded Mafia. The ordinary people had had enough. Maybe the citizens of this country have not had enough - yet. A direct outcome of that Magistrate's murder was an international convention on trans-national organised crime called the Palermo Convention to which Sri Lanka is a signatory. It relates to money laundering, drug trafficking, exploitation of women and children, terrorism etc., by an Organised Criminal Group. We need to honour Justice Sarath Ambepitiya who paid the supreme sacrifice for upholding what was left of decency in this country. The President quoted the Transparency International report that' some ' members of the Police and Judiciary are corrupt. The same report reveals that many people fault the leadership of this country for this sad situation. |
||||
ADVERTISING
OFFICE
CIRCULATION DEPARTMENT No.
47, W.A.D. Ramanayake Mawatha, Colombo 2, Sri Lanka.
Copyright © 2001 Wijeya Newspapers
Ltd. All rights reserved. |
