Save Rezana Nafeek from Death Penalty

It’s  a constitutional responsibility of the both heads of states to prevent the life of Rezana Nafeek from Death Penalty-APHR 

  

“The Sri Lanka President must fully make use of its diplomatic relationships, to save the innocent child victim Rizana Nafeek from the death penalty” said Action for Peace and Human Rights [APHR] in a media release today. While appreciating Sri Lankan Presidents immediate response to the Saudi Appeal Court judgment, the statement empathize the fact that the ineffective and corrupted laws in Sri Lanka had been able to discriminate the Rizana Nafeek at the age seventeen and sending her as a trained domestic servant to Saudi Arabia on a fraudulent passport passing immigrations offices of both countries”.

“Sri Lanka as well as Saudi Arabia are parties to the Convention of the Rights of the Child [CRC] which expressly prohibits execution of offenders committed when they were under 18 years old”.  “There fore it is a constitutional responsibility of the both Heads of States to prevent the execution of Rezana Nafeek from Death Penalty.

Rezana Nafeek migrated to Saudi Arabia at the age of 17 in 2005 to work as a domestic helper. The available facts clearly confirmed that the death of the naive baby who died in the hands of Rezana was an accident, rather than a grave criminal act. At the time of the incident, Rezana had been at the age of 17 and she was not trained as a qualified professional baby sitter. Amnesty International, ADPAN, Asian Human Rights Commission, Human Rights Watch and others have raised concerns about Nafeek's access to lawyers and competent translators during her interrogation and trial. Though she was arrested in 2005, she did not have access to legal counsel until after a court in Dawadmi sentenced her to death in 2007. Nafeek has also retracted a confession that she said to have made under duress, and says that the baby died in a choking accident while drinking from a bottle. She apparently told the authorities that she was born in February 1988, but they seem to have ignored this on the basis that her passport indicated that she was born in February 1982. According to information available to the public, no medical examination is believed to have been carried out to ascertain her age, nor was she given the opportunity to present her birth certificate, which reportedly shows that she was born in 1988.

APHR is opposed the Death Penalty in all circumstances, because of its violating the fundamental right of persons to be free from subjected to torture or to cruel inhuman or degrading treatment or punishment.  

177 Year RI as Child

By Susitha R. Fernando [ Daliy Mirror 25th Oct 2010]
 
In a shocking revelation, a Fundamental Rights application revealed that a person is serving a 117-year of Rigorous Imprisonment for offences he was said to have committed as a child.
The petitioner, who has already served 24 years in jail since he was 16, said that many of the offences had not been committed by him. He claimed that he was forced to undergo the sorrowful plight due to the injustices caused by the officers of judicial and criminal justice system of the country.
R. A. Jayampathy Perera claimed that as an underage, the police forced him to plead guilty for some of the offences not committed by him, while Magistrates were confused as to whether to sentence him considering his age on the date of the offences alleged to have committed by him or the age on the date the sentences were imposed.
Finally at the Prison Department, the prison authorities had interpreted the sentences and imposed consecutive sentences whereas the orders against him were to be spent concurrently.
Filing on behalf of Jayampathy Perera Lawyers for Human Rights and Development (LHRD) complained that various Magistrates had sentenced him disregarding his age, below sixteen year. “One Magistrate had imposed five years rigorous imprisonment for an alleged theft he was said to have committed when just 12 years of age, petition stated. 
Jayampathy’s story
Jayampathy born on May 14, 1964 had been born to family victimized by a drunkard father and he and his mother had to suffer severally and had to undergo starvation as the father would quarrel at home and prevent them from taking their meals on time. Though good at studies, father had tried to burn his books and school bag  pouring kerosene oil. Later mother was compelled to work as a labourer and Jayampathy, returned from school had to wait hungry until she cooked whenever she come back from work.
Unable to bear this one day he had plucked vegetable from a plot of his relatives in the vicinity and had sold them to buy something to eat. He had continued to do this and whenever he was caught he was assaulted and tied to a tree until his mother came and rescue in the evening.
As he could not continue this he had taken up to begging and gradually forgotten the school. But later when his mother come to know he had
stopped and started to collect scrap iron with his mother and elder brothers.
However at the age of 14 there were 24 complaints made against Jayampathy and all minor thefts of which the culprits could be identified were put to his account by the police.
His first conviction had been on April 25, 1979 by Mount Lavinia Magistrate when he was convicted together with his mother for a theft of a pair of scissors and Rs. 500 and he had been warned and discharged. Again on October 4, 1979 he had pleaded guilty for a theft and was sent to Pannipitiya Detention Home and after spending some time he had run away from there. In February 1981 he had been arrested by Mirihana police and there a Sub Inspector had forced him to plead guilty as he would be treated as juvenile offender and impose a 3 year sentence even though he had committed one or hundred offences.
Subsequently he had pleaded for 14 cases at the Gangodawila Magistrate on February 16, 1981 without being represented by a lawyer.
In all the 14 cases the magistrate had imposed various imprisonment which were to be spent concurrently only within a period of 4 years and eight months. But the prison authorities had calculated it to be 64 years.
However according to the Code of Criminal Procedure Act a Magistrate could impose only a sentence of imprisonment not exceeding two years, legal sources said.
Subsequently he had been convicted by various magistrate courts including Moratuwa, Mount Lavinia, Ratnapura , Avissawella, Homagama  and Pelmadulla for offences of burglary and theft and they were alleged to have committed when he was below the age of 16 years, the age limit which he was entitled to be tried and sentence under the provisions of the Children and Young Persons Ordinance or Youthful Offenders Training Schools Ordinance as most of the offences had been committed when he was a child of 12 and 15 years of age. However Jayampathy instead had been treated as a hardcore adult criminal, attorney Kanchana Priyadarshani who filed the for LHRD stated.
However, having spent eight years in prison, on February 1989, Jayampathy had been released by the License Board on condition. Thereafter he had got married in 1991 and had three children. But however much he had tried to live a decent life it had not been easy as the police had several time arrested him on false allegations and later released claiming that they had made a mistake and the real culprits had been arrested.
In 1994 Jayampthay had been arrested again and four cases filed in Bandaragma Magistrates court who imposed five years simple imprisonment on each case together with five more years for escaping from the prison and all the sentences to be spent concurrently.
But the prison authorities who interpreted it as jail terms to be spent consecutively made Jayampathy to languish for 25 years.
Further in violation of the Licence Board conditions Jayampathy was made to spend total of 142 years together with the earlier 117 years.
In his Fundamental Rights application, he complained that grave injustices had been caused due to various authorities of the criminal justice system. Jayampathy claimed he was mislead by the police to plead guilty to a large number of cases he had not committed promising him that he would be imposed short term imprisonment to be spent concurrently. The Magistrates had imposed sentences disregarding his age and finally the prison authorities had miscalculated his jail terms imposed on him on the basis that they were to be spent consecutively.
The cited Minster of Justice Athaude Seneviratne, Minster of Rehabilitation and Prisons Reforms, D. E. W. Gunsekera, Minster of Child Development, Tissa Karaliyadda, The Commissioner of Prison, the Secretary Judicial Service Commission and the Attorney General.
He asked the Supreme Court to order on the relevant authorities to release him and lay down suitable guidelines to be followed by all judicial authorities in sentencing underage offenders.
http://www.dailymirror.lk/print/

Cites for Life-30th November 2010

More than 1,000 cities around the world light up symbolic buildings to commemorate the first time the death penalty was abolished – in 1786 in Tuscany. This event, Cities for Life, is organized by ADPAN partners, the Rome-based organization “Community of Sant’Egidio” on 30 November.

What you can do

v Participate in Cities for Life on 30 November 2010. Over 80 countries in the world now participate in this event with over 1,000 cities in the world lighting up a monument as a symbol against the death penalty.

Reference materials on the “Cities for Life”:
-The event:
http://nodeathpenalty.santegidio.org/pag.aspx?ln=en&id=4
-List of cities participating in this initiative:
http://nodeathpenalty.santegidio.org/pag.aspx?ln=en&id=11
-How to join (on-line form):
http://www.santegidio.org/pdm/cities_for_life/ades_on_line.htm

Uganda: New law has saved 167 death row inmates

The Daily Monitor

167 Ugandan death row inmates saved from gallows

Recent figures show that a January ruling by the Ugandan supreme court making it illegal to keep people on death row for more than three years has saved 167 lives.

According to the Ugandan newspaper The Daily Monitor, 167 death row inmates have seen their sentence commuted to life in prison this year.

Their reprieve is the consequence of a January Supreme Court decision according to which it is unconstitutional to keep a person on death row for more than three years. The court argued that any longer term would represent an additional, illegal punishment.

“One hundred and fifty inmates qualified by the time the court order was made but as time goes by, over 10 more have qualified. The number is now 167,” Ugandan prisons spokesman Frank Baine told the Monitor on September 13.

The Supreme Court ruling resulted from legal action taken by hundreds of death row inmates over more than five years with support from local human rights lawyers, the British-based NGO Death Penalty Project and World Coalition member organization FHRI.

While activists had succeeded in having long periods on death row recognized as unconstitutional, the court had dismissed their argument that the death penalty itself was a violation of constitutional rights.

Other countries in the region, most recently Kenya, have been accepting the fact that spending more than three years on death row is an inhuman punishment and should be outlawed.http://nodeathpenalty.santegidio.org/news.aspx?ln=en&id=14&n=14203

Action For Peace & Human Rights [APHR]

Action For Peace & Human Rights [APHR] has launched, an advocacy campaign to Abolish Death Penalty in Sri Lanka on 10^th October 2010, The World Day Against Death Penalty.  In Sri Lanka the Death Penalty is under moratorium since 1976, but annually nearly 100 odd suspects of grave murder cases had been sentenced to Death Penalty. Currently nearly 500 persons locked  in Welikada and Bogambara Prisons, where the  execution of  Death Sentence occurred. Any given time another just about 400 person are being locked in these two prisons until there “Appeals” are heard by the Appeals courts.

These Death Row Inmates are encountered with various issues ranging from “Declining Rights of Prisoners, especially in Death Row” to “Welfare of Spouses” in their families.

Since early 1920s to up to date different civil Society Groups; Public Opining makers and Political leaders, academics contributed to the debate of the  abolish of the Death Penalty.  

Currently APHR is seriously reviewing the previous initiatives of Civil Society to Abolish Death Penalty and in a consultation process to identifying and prioritizing issues to develop a strategic Plan for year 2011.

This blog post, “Prison Notes” is one such initiative to communicate with the partners as well as other key stakeholders who supports the Abolish of Death Penalty advocacy/campaign primarily in Sri Lanka and the region.  

Presently APHR is a member of the Anti Death Penalty Asia Net Work [ADPAN] and a representative of APHR had participated in the 7^th World Congress against the Death Penalty Geneva 2010 February 24^th-26^th.

From the inspection of 2004, APHR has a voluntary Civil Society Net Work Organization advocating /campaigning  “Right Based Approach” to socio Economic and Political issues of the Citizen’s of Sri Lanka. At present, member organizations and individuals are playing a lead role in advocacy /campaigns on “Free Political Prisoners” “Education For All” “Rights of Forcibly Evicted persons from Colombo City”  and “ Abolish Death Penalty” .

For more details [Sinhala] http://lohithaasapuwa.blogspot.com/

Original Death Sentences Not By a Judicial Officer

By K.S. Fernando-Panadura [Daliy Mirror 15th Oct 2010]
 

Following a Court of Appeal order, the death penalty imposed on a man accused of murder was set aside when it transpired that the judgment had been delivered by a person who was not a judicial officer.

Delivering the order sequel to an appeal filed before the Appeal Court by condemned Prisoner Kathriarachchige Don Jagath Kanil of no. 174 Colombo Road, Piliyandala, the court set-aside the conviction and the death sentence imposed on him in 2004 by the Panadura Provincial High Court Judge Samit de Silva.

The Appeal Court ruled that the Hon. Samit de Silva was not a judicial officer at the time he delivered the judgment. However the Appeal Court directed that a fresh trial be held before the incumbent High Court judge.

The accused in this case, Kathriarachchige Don Jagath Kanil, had been indicted by the Attorney General with committing the murder of his wife Sawarnalatha Podimaneke of Piliyandala. The case was tried before Panadura Provincial High Court Judge Samit de Silva in 2004 and, after a lengthy trial, the accused had been found guilty of murder; and the judge had sentenced him to death. The accused had been taken to Welikada prison and while in the prison he had filed an appeal before the Appeal Court.  The appeal was heard by the Appeal Court bench comprising Justices W.L.R. Silva and Upaly Abeyrathne who delivered judgment on August 27.

 The judgment had been forwarded to the Panadura Provincial High Court Judge Malani Gunaratne to pronounce it before the accused when he was produced by the prison officials before court.

The accused appellant was produced before the court and the judge delivered the judgment of the Appeal Court. According to the judgment, the original judgment against the accused had been delivered by a person who was not a judicial officer at the time of delivering the judgment and, accordingly, the conviction and the death sentence passed on the accused was set-aside.

The Court of Appeal had stated, ‘Accordingly since the judgment has been delivered by a person who was not a judicial officer at the time of delivering the judgment we set aside the judgment and the conviction and the death sentence.

10,000 Inmates in One Open Prison

By Jayantha Samarakone [Daliy Mirror 18 Oct 2010]

A large scale centre for corrections would be built in Wellawaya with enough capacity to take over the inmates from eight Prisons including Welikada, the Ministry of Rehabilitation and Prison Reforms said.

Among the others prisons that would  be closed down are the Mahara, Negombo, Galle, Matara, Tangalle, Embilipitiya and Badulla prisons. The Correction Centre, which would be an open prison, is to be located in part of the land allocated to build an Airport and plans are underway to allocate around one thousand acres for the project. The construction work would commence utilizing a Chinese loan facility soon.

The planned correction centre was expected to accommodate 10,000 inmates, deputy minister of Prison Reforms Vijithamuni De Soyza said. He said that the government had decided to bring all jails under one roof in one facility instead of spread throughout the country as it was now. Construction work on the open prison would commence next year, the Deputy Minister said. The facility would be replete with facilities such as agricultural land with an irrigation tank, giving the opportunity for prisoners to engage in farming, work camps, vocational training and rehabilitation work and other activities for the inmates.

The Deputy Minister said that these reforms were carried out with the intention of reducing congestion in urban prisons and to use some of the inmates as a labour force in development work.

Judiciary is a fishing net allow the big fish to escape

[Prison: Kandy] “Judiciary is like a fishing net which catches only the small fish, but allow the big fish to escape”.  This are the last few words utters to Mallet Silva and to me by Jayalth Bandara before leaving the corridor of the ward” D” at the Bogambara Prison in Kandy.

We have visited  Jayalath Bandara [30] a paralyzed man, who arrested at the age of 14 as suspect for a grave murder case, in January 02 1991,  and sentenced to death penalty at the age of 19.   

Bandara was born on 11^th November 1977.

 Dharmakeirthi  Ranasinghe Bandara, the brother next to him, was 17 years at that time.

His  eldest brother,  Chandraratne Bandara, was 21 years at the time of this incident.

They  were residing at Athiliwewa in Wellawaya.

On this day as it was a school holiday he  was at home. Around 10 AM him,  father and two brothers went towards their  paddy field.  Bandara followed them. Then from a distance about 150 Meters they  saw Nandasena  working in their  paddy field. His farther and other two elder brothers started an argument and it turn out to fight between two parties. At one stage  Bandra’s  eldest brother went and hit Nandasena with the Kathy Knife.

There after the eldest brother went to the Wellawaya Police and surrendered himself. Subsequently the Police came and took Bandara  other elder brother into custody.

After this incident He  attended school and he  was taken into custody in the month of March, two months after the incident.

When he  was produced before the Badulla Magistrate. Judge was reluctant to remand Bandara  as was a minor, but due to the objections raised by the Officer- in – Charge of the Crime Branch of the Wellawaya Police, the Magistrate remanded him for two weeks and later granted bail and ordered m to go to the Police Station and give a statement.

In the Police Station he  was never questioned but had to sign a written statement given to him by the Police Sergeant.

During the period he was on bail, he  fell from a tree and was paralyzed. There after he  had to attend the Badulla courts in a Wheel Chair.

Two weeks before the judgment was delivered, the lawyer   who looked after their  interests, refused to appear for them  in courts.

Finally, all four of the , Bandra , his  father, two brother’s were sentenced to death by the Badulla courts on 14^th October 2003.

There after they  appealed against this judgment.

The same judgment was confirmed at the appeal courts on 16^th March 2007.

His  father and the elder brother died while in Prison.

The brother, elder to him, is now been kept in Welikada Prison and Bandara was  now 30 years old and kept in Bogambara Prison  on a Wheel Chair as inmate of condemn prisoner.

End