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A petition submitted by former member of the Sri Lanka Human Rights Commission (SLHRC), Ambika Satkunanathan challenging the presidential pardon granted to a Sri Lankan soldier convicted for the ‘Mirusuvil massacre’, has been fixed for support on 24 September 2020.
In her petition, Satkunanathan described the decision as being “unconstitutional” and contrary to the rule of law and principles of natural justice. She further stressed that “the allowance of such clemency takes recognition of the possibility of miscarriages of justice and other extenuating circumstances.”
There has been extensive calls condemning the pardon and multiple petitions against Sunil Ratnayake – who was sentenced to death in 2015 and affirmed by the Supreme Court in April 2019 –for the murder of the 8 Tamils, including 3 children. His death sentence was affirmed by the Supreme Court in April 2019.
Satkunanathan tweeted about the developments of the petition she presented, last week;
“Public interest fundamental rights petition I filed challenging Presidential pardon granted to Sunil Rathnayake, who was convicted of Mirusuvil massacre, taken up by Supreme Crt on 17 July 2020. Sunil Rathnayake's counsel sought postponement.
Since notice had not been served on Sunil Rathnayake in any of the other connected victims' or public interest cases, counsel for petitioners in some cases served the entire set of papers to Rathnayake's counsel in open court. Fixed for support on 24 September 2020.”
Satkunanathan highlighted the presidential pardon – which was given in March 2020 – was opportunely handed during a time where there were calls to ease prison crowding and avoiding the spread of COVID-19, by releasing prisoners. She stated that the move is in accordance with the president’s undertakings during his election campaign in November 2019, where he promised to “pardon ‘war heroes’ who have been imprisoned based on false charges.”
The petition said the sentencing of Ratnayake was “one of the rare instances where errant military officers have been prosecuted.” She insisted that the petition is filed “in the public interest to ensure that the power of the Executive to pardon persons is done in a transparent and fair manner, according to objective standards” and called for an “annual evaluation system” to be re-introduced into the Sri Lankan penal system to serve as a valid rehabilitation of prisoners and to successfully evaluate their suitability for early release.
