Sunday Times 2
Presidential pardon is not an acquittal from conviction
A presidential pardon is not an acquittal from a court conviction. It only sets aside the sentence/punishment, but the conviction stands. The conviction can be set aside only by a superior court. Furthermore, there are criteria laid down to guide a presidential pardon. Allegedly, such criteria have not been followed in this instance.
Much disdain, however, has been expressed against the granting of a presidential pardon to Staff Sergeant Sunil Ratnayake of the Sri Lanka Army. In a letter addressed to President Gotabaya Rajapaksa, the Human Rights Commission of Sri Lanka has condemned the presidential pardon in unequivocal terms, stating inter alia: “The granting of a presidential pardon to a person convicted of such a heinous offence and whose conviction was upheld unanimously by the Supreme Court sends a negative message that reinforces allegations of impunity and lack of justice for victims of violations in Sri Lanka. The Supreme Court judgment in the Mirusuvil case was considered a landmark judgment, similar to that in the Embilipitiya schoolboy murder case several years ago, both of which contributed in a significant manner to address the issue of impunity in the country. There have been very few such convictions. The granting of a presidential pardon to the convict of such judgment sets a very negative precedent.”
The matter in issue is a case in which Corporal Sunil Ratnayake of the Sri Lanka Army was convicted of eight counts of murder by a Trial-at-Bar. The conviction was subsequently confirmed by a unanimous judgment of a five-judge bench of the Supreme Court of Sri Lanka on April 24, 2019. The case arises from a typical serial killing of eight people, including three children on December 19, 2000 at Mirusavil in the Jaffna District.
As I write this it is learnt that Fundamental Rights petitions have been filed against the presidential pardon by a former member of the Human Rights Commission and several institutions acting in public interest, adding further dimensions to this episode.
The President would have done well if he subjected serial killer Sunil Ratnayake to a Corrective Service instead, and rehabilitated him before releasing him to merge with society. In fact, it is time that our Prison is converted to a Corrective Service in keeping with our culture. This will enable all prisoners to come out corrected and be useful to themselves and to society. This must be done without being selective and smacking of ulterior motives. The President will then be remembered by posterity for his act of mercy.
In the present scenario, Staff Sergeant Ratnayake will only serve the purpose of a hit-man. It is known the world over how young psychopaths are selected and brain washed driving the devil into them to generate a thirst for killing. This may have served a purpose in all-out war. But once the war is over, it is incumbent on the authorities to ‘exorcise’ such men of the devil and rehabilitate them. Apart from being a merciful move, it would facilitate maintaining Law and Order.
It is also pertinent to state here that the Police Service which is tasked with the job of maintaining Law and Order has been systematically thrown into disarray. Failure to appoint a permanent Inspector General of Police, who would uphold the Rule of Law, has exacerbated the situation.
(The writer is a Retired Senior Superintendent of Police. He can be contacted at seneviratnetz@gmail.com)