Photo courtesy of The Guardian
In 2018 the former President of Sri Lanka, influenced by Philippine President Rodrigo Dutertes war on drugs policy, attempted to resume executions for people convicted of drug trafficking. The Presidents move reignited the debate on capital punishment. Although the Supreme Court issued an interim injunction preventing resumption, calls to resume executions have since been frequently used by successive politicians for electoral purposes.
Historically public opinion, or what is perceived to be public opinion, has influenced criminal justice policy in Sri Lanka on numerous occasions. For instance, as the report of the National Study of Prisons conducted by the Human Rights Commission states, in 1999, in response to a public outcry against persons being released from prison too early, President Chandrika Bandaranaike Kumaratunga suspended the commutation of death sentences to life imprisonment and limited the number of days that incarcerated persons received pardons. These changes disrupted a system of periodic evaluation of their sentences against their behaviour to avoid long term incarceration.
Public opinion can therefore have a direct influence on criminal policy and politicians often introduce harsh punishments claiming merely to reflect public opinion. However, research on public opinion on penal policy has shown that while politicians assume the public to be punitive the public, on the contrary, often stresses more reform-orientated and less punitive goals.
We set out to test the level of support for the death penalty in Sri Lanka. In particular, we explored to what extent the public endorsed the war on drugs rhetoric, testing the public appetite to sentence drug-related offenders to death. We posted a Twitter poll during 1 to 8 July 2021 asking the public to respond to questions on the death penalty. The number of responses ranged between 152 and 170 depending on the question posed. We make no claims that the results of the Twitter poll are representative of the public, and further research is necessary to confirm our hypothesis. Bearing in mind this caveat, our poll confirmed the US finding and showed a striking lack of correspondence between the public will and politicians perception of that will.
We used a scenario-based question to gauge public sentencing preference for drug possession:
Chethana got married when she was 15. Her drug-dependent husband forced her into sex work to fund his drug habit. She becameaddicted to heroin and was charged with possession of 2.5 grams of heroin.
In Sri Lanka, the possession of heroin above two grams is a capital offence, which means the court has the discretion to sentence Chethana to death. Chethanas circumstances of domestic abuse and drug dependency have been commonly found amongst women in prison for drug-related offences. The majority of respondents (79%) did not think Chethana should be punished. Among the remaining minority of respondents who thought Chethana should be punished, only four per cent thought that Chethana deserved a death sentence. An overwhelming majority thought she should receive a community sentence.
In addition, respondents did not see the death penalty as a solution to the countrys drug problems. The majority of respondents (79%) disagreed with the statement in Sri Lanka, drug problems can be solved by the resumption of executions. In addition, when respondents were asked to choose the most effective policy to solve drug problems, resuming executions was perceived to be the least effective policy (7%); the most popular response was treat [drug problems] as a health issue (40%), followed by target supply of drugs (35%), and decriminalise personal drug use (18%). These results strongly suggest that the call to resume executions for drug-related offences, if implemented, would be at odds with public opinion.
Our results clearly suggest that the respondents are not only rejecting the use of the death penalty for drug-related offences but also for at least some categories of homicide, as the following scenario-based question demonstrates.
Nimals income depends on his two cows. He found one cow bleeding with a broken toddy pot. A drunk man claimed that a cow broke hispot and threatened Nimal with a knife saying I will cut you like I cut your cow. Nimal stabbed and killed the man during a struggle.
In Sri Lanka, the mandatory death penalty applies to murder. If Nimal were to be convicted of murder, the court must sentence him to death. Again, Nimals case of a poor man resorting to violence due to poverty is common among persons on death row as illustrated by the National Study of Prisons. While the majority of respondents considered Nimal should be punished, only 5 per cent of respondents thought that the death penalty was the appropriate punishment.
Indeed, our results show that the respondents are ready to abolish the death penalty altogether, with 76 per cent of respondents taking the position that the death penalty should be abolished in law. The majority of respondents also do not see the death penalty as a deterrent to crime: 70 per cent of respondents considered the abolition of the death penalty having no impact on crime rates. After 45 years without an execution, the death penalty appears to be no longer about law and order and seems to have become a reputational issue, with 60 per cent of respondents believing that the retention of the death penalty harms Sri Lankas international reputation.
Even though the last execution took place in 1976, the courts continue to hand down death sentences every year. As long as the death penalty remains a lawful punishment, the possibility of an execution is a reality for the 1,284 persons on death row (as of September 2020). In addition, we must not forget that executions are not the only way the criminal justice system kills its detainees. Due to the increasing number of persons on death row, the detention conditions on death row have seriously deteriorated due to overcrowding, limited infrastructure and poor prison healthcare, leading to an increase in the number of deaths in custody without being judicially executed. Following the onset of the COVID-19 pandemic, persons in prisons have become even more vulnerable to the possibility of becoming seriously ill or dying in prison. The outbreak of COVID-19 in prisons since October 2020 has led to over 13,000 cases of infection and at least 21 deaths (as of August 2021). As Sri Lanka and the rest of the world struggle to manage the COVID-19 pandemic, an early release of persons in prisons becomes key to preventing and containing infections in prisons an option unavailable to those on death row.
This was an exploratory piece of research. Our sample was small, self-selected and not representative of the Sri Lankan public overall. Nevertheless, the results are striking and, we think, important. In 2022, we will be undertaking a larger-scale in-depth survey with a fully representative sample of the Sri Lankan public.
Link:
Who Wants the Death Penalty? - Groundviews
- THE WAR ON DRUGS EXPLAINED Vox [Last Updated On: June 12th, 2016] [Originally Added On: June 12th, 2016]
- War On Drugs: Pictures, Videos, Breaking News [Last Updated On: June 14th, 2016] [Originally Added On: June 14th, 2016]
- War on drugs news, articles and information: - NaturalNews [Last Updated On: June 17th, 2016] [Originally Added On: June 17th, 2016]
- The War on Drugs: The Prison Industrial Complex - Top ... [Last Updated On: June 17th, 2016] [Originally Added On: June 17th, 2016]
- The War on Drugs (band) - Wikipedia, the free encyclopedia [Last Updated On: June 17th, 2016] [Originally Added On: June 17th, 2016]
- War on Drugs - Wikipedia, the free encyclopedia [Last Updated On: June 17th, 2016] [Originally Added On: June 17th, 2016]
- War-On-Drugs.net [Last Updated On: June 21st, 2016] [Originally Added On: June 21st, 2016]
- A Brief History of the Drug War | Drug Policy Alliance [Last Updated On: June 28th, 2016] [Originally Added On: June 28th, 2016]
- Police Wage War on Drugs in the Philippines Photos - ABC News [Last Updated On: July 25th, 2016] [Originally Added On: July 25th, 2016]
- The United States War on Drugs - Stanford University [Last Updated On: July 29th, 2016] [Originally Added On: July 29th, 2016]
- History of the War on Drugs - About.com News & Issues [Last Updated On: August 23rd, 2016] [Originally Added On: August 23rd, 2016]
- How America Lost the War on Drugs - News | Rolling Stone: [Last Updated On: October 6th, 2016] [Originally Added On: October 6th, 2016]
- Chasing the Scream | The First and Last Days of the War on ... [Last Updated On: January 23rd, 2017] [Originally Added On: January 23rd, 2017]
- Ice Wars: ABC documentary shows reality of Australia's war on drugs - The New Daily [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- War on drugs: Priest speaks out against Philippines 'blood lust' - CNN [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Philippines: Duterte must end his "war on drugs" - Amnesty International [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- PDEA: Army to play support role in war on drugs - ABS-CBN News [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- State to push on with drugs war Ruto - VIDEO - Daily Nation - Daily Nation [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- California Is Wondering If Trump and Sessions Will Relaunch the War on Drugs - New York Magazine [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Where Is Death Penalty Legal? Duterte's War On Drugs In Philippines Would Mean More Executions If Capital ... - International Business Times [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Letter: The failed 'war on drugs' divides country - Rockford Register Star [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Words won't win war on drugs - The West Australian [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Tanzania: Magufuli Adds Weight to War On Drugs - AllAfrica.com [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Congressmen: Let's take a new look at the war on drugs - AZCentral.com [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- President Duterte Threatens to Extend Drug War and Kill Korean ... - Newsweek [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- War on drugs not war vs poor: Cayetano | ABS-CBN News - ABS-CBN News [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Magufuli adds weight to war on drugs - The Herald [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Trump's 'Great Wall' and the 'Drug War' - Consortium News [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- How Much is the War on Drugs Costing Us? - Los Cerritos News [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Trump Watch: Emboldened cops and border patrol agents, a more 'ruthless' war on drugs, and threats against the ... - Washington Post [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Increasing opposition in Philippines to war on drugs: UN official - Reuters [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- DERMODY: War on Drugs requires more than 'quick-fix' | The Daily ... - RU Daily Targum [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Palma: Church leaders will continue to oppose bloody war on drugs ... - Inquirer.net [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Shahbal to introduce tough laws to curb drug abuse - Daily Nation [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- In Trump's 'ruthless' vow, experts see a return to the days of the drug war - Washington Post [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- Rights agency calls for sober talk in war on drugs - Daily Nation [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- Trump on Drug War: 'We're Going to be Ruthless ... We Have No Choice' - CNSNews.com [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- Mexico Should Ask Trump to Pay For The Drug War - AlterNet [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- War on drugs has left us with a latticework of crime - The Boston Globe [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- President Duterte Changes and Defends Philippine Drug War - Voice of America [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- Why war on drugs fires up our soft political underbelly - The Standard (press release) [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- Unnecessary fighting south of the border: Mexico should ask Trump to pay for the drug war - Salon [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- After war on drugs, it's 'war vs illegal gambling' for PNP - Rappler [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Duterte militarises the war on drugs in the Philippines - World Socialist Web Site [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Death of a businessman: How the Philippines drugs war was slowed - Reuters [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- Sh170m heroin recovered in war on drugs at Coast - The Standard (press release) [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- President Trump Just Renewed the War on Drugs - MERRY JANE - MERRY JANE [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- Donald Trump Vows 'Ruthless' War on Drugs and Crime - The Daily Chronic [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Is Ending The War On Drugs A Panacea? - Modern Times Magazine [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Duterte targets Philippine children in bid to widen drug war - Reuters [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Simonson: The war on drugs - La Crosse Tribune [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Scott Pendleton: Civil forfeiture is an important tool in fighting the war on drugs - Tulsa World [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Go whole hog in war on drug lords - The Standard (press release) [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Trump goes full Nixon on law-and-order, vows ruthless war on drugs and crime - Salon [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Human Rights Watch: Japan should condemn Duterte's drug war - Philippine Star [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- War on drugs intensified as police arrest wanted drug baron's accomplice - The Star, Kenya [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- Duterte attributes war on drugs success to AFP's support | SunStar - Sun.Star [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- Duterte's 'war on drugs' in the Philippines - Deutsche Welle [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- President Trump Signs Executive Order Ramping Up The War On ... - TheFix.com [Last Updated On: February 19th, 2017] [Originally Added On: February 19th, 2017]
- A man of God in the Philippines is helping document a bloody war on drugs - Columbia Journalism Review [Last Updated On: February 19th, 2017] [Originally Added On: February 19th, 2017]
- Reckoning with the Addict and the U.S. War on Drugs - OUPblog - OUPblog (blog) [Last Updated On: February 19th, 2017] [Originally Added On: February 19th, 2017]
- Duterte calls for stronger AFP support in war on drugs, terror - Inquirer.net [Last Updated On: February 19th, 2017] [Originally Added On: February 19th, 2017]
- In Manila, Catholics March Against War on Drugs Tactics - Voice of America [Last Updated On: February 19th, 2017] [Originally Added On: February 19th, 2017]
- Napolcom: Police need to regroup, rethink role in war on drugs - Inquirer.net [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- HRW on war on drugs: PH needs 'international intervention' - Rappler [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Study: Mexican Military Should Not Have Intervened In Country's War On Drugs - Fronteras: The Changing America Desk [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Why we can't seem to end the War on Drugs | TheHill - The Hill (blog) [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Philippine's Rodrigo Duterte urged to drop charges against leading war on drugs critic - Telegraph.co.uk [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- War on Drugs | The Huffington Post [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Our Aggressive "War on Drugs" Is Not Actually About Drugs - AlterNet [Last Updated On: February 22nd, 2017] [Originally Added On: February 22nd, 2017]
- Shots fired in war on drugs - Commonwealth Journal's History [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Philippines to defend Duterte's drug war at UN rights body - Reuters [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- War on drugs: a failing battle against suffering - The Suffolk Journal [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Ureport: WAR ON DRUGS NOT ABOUT PERSONAL FIGHTS - The ... - The Standard (press release) [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Palace: Arrest order vs De Lima a 'fulfillment' of war on drugs - Inquirer.net [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- How Rodrigo Duterte's War On Drugs Looks In Colombia - Worldcrunch [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Opponent of Duterte's drugs war arrested in Philippines on drug charges - Reuters [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Trump administration signals new war on drugs, crackdown on marijuana use - ThinkProgress [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Philippine citizens protest Duterte's drug war on anniversary of dictatorship overthrow - Deutsche Welle [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- Our View: White House plan reignites wasteful war on drugs - Kennebec Journal & Morning Sentinel [Last Updated On: February 26th, 2017] [Originally Added On: February 26th, 2017]