Yesterday (25th) former MP, murder convict Duminda Silva was released on sepicial presidential pardon. Soon after this controversial decision by President Gotabaya Rajapaksa was announced, The BAR Association of Sri Lanka (BASL)
has questioned President on the pardon granted to Duminda Silva.
BASL has raised concerns over what kind of judicial process was followed when granting a presidential pardon to former MP Duminda Silva. By issuing a statement they also called on the President to reveal to the public the judicial process that was observed in this regard. BASL emerged that public has right to know that.
BASL points out that “any pardon to be granted under Article 34 of the Constitution should be made after a careful analysis of the necessity to grant such a pardon as stipulated in the proviso to Article 34 (1) of the constitution”.
BASL says that whilst the President has the power and discretion to pardon, such discretion must always be exercised judiciously.
The BASL further said that the presidential pardon granted to murder convict Duminda Silva would be “unreasonable and arbitrary” unless six conditions were fulfilled in deciding on his release”. Also Duminda Silva’s pardon would result in “erosion to the rule of law and result in a loss of public confidence in respect of the administration of justice”,
Silva was convicted for the murder of Bharatha Lakshman Premachandra and both High Court and Supreme Court heard Silva’s case and determined that Silva was guilty of murder and upheld the death sentence.
Moreover, UN Office of the High Commissioner for Human Rights (OHCHR) said the pardon granted to Duminda Silva weakens the rule of law and undermines accountability.
The full statement issued by the Bar Association of Sri Lanka (BASL) as below.
