Recent reports that the execution of three Sri Lankan men in Saudi Arabia are to be carried out in the coming days has led the Asian Human Rights Commission to inquire into this matter with much urgency. Upon contacting relevant authorities within Sri Lanka and Saudi Arabia, the only guarantee we have received is that that the executions may not be conducted before Monday 11 April 2005. While the authorities are unable to indicate a specific date of possible execution all indications are that the time available to save the lives of these men is extremely short.
Further, our inquiries into the workings of the Saudi Arabian system indicate clearly that if a request comes from the head of the state of the country to which the prisoners belong, it will be given a serious hearing by the highest authorities in Saudi Arabia. Therefore, given the urgency of the situation, an earnest request by Her Excellency the President may be of great importance if the lives of these three men are to be saved. Her Excellency the President has good reason to intervene into this matter for the following reasons:
1. Even if these three men were found guilty of the crimes they are alleged to have committed, this would not warrant the death sentence in Sri Lanka were they to commit them there. Therefore, there a very valid reasons to request clemency. In cases decided in international courts there has been clear support for the position that where the same crimes are treated with different degrees of harshness in two countries, the less harsh punishment should be passed to the persons concerned.
2. It has now become known that the original crimes that these men were said to have committed, are in no way as severe as first thought. The Ministry of Foreign Affairs has recently reported that the alleged robberies were rather petty and not as severe as originally stated. Also, though the four persons were charged with having committed several acts, not one of them were involved in all of the acts that they have been found guilty of. Thus, the impression that the men were part of a serious crime gang is in fact false.
3. It is now common knowledge that no legal representation was made available to the accused at the time of the trial and appeal. This is itself a violation of the law when the death sentence is passed, according to many countries including neighbouring India and the Philippines. Thus, a plea for clemency stands on solid ground in cases involving the death sentence.
4. Although the spokesperson for the Ministry of Foreign Affairs stated to the public that they would try to provide legal assistance by way of hiring lawyers from Saudi Arabia to seek avenues to review the death sentences, this would require time; a luxury which these men do not have. If the executions are carried out before such a review takes place, the three persons will not benefit from the actions proposed by the Ministry of Foreign Affairs.
5. For the purpose of demonstrating to the Sri Lankan public that the lives of migrant workers do matter, Her Excellency the Presidents intervention will carry a strong message. There is a publicly expressed belief that the government was initially unwilling to be involved on behalf of these three persons due to concerns that business interests might be damaged by such intervention. A strong counter-attack is therefore required if people are to believe that the government values the lives of all its citizens, whether they are at home or abroad. It also needs to be demonstrated that cordial relationships between the two countries can exist while the basic interests of Sri Lankans working abroad are safeguarded. An impression to the contrary would have a deeply demoralising impact on the rest of the working population in Saudi Arabia, which is estimated to be about 350,000 persons. It would also create a negative political impression within Sri Lanka itself. Further it would be a slur on the relationship between Saudi Arabia and Sri Lanka to have the impression that the sacrifice of all rights and decencies is part of the bargain for foreign business.
6. The cries of the victim’s families have been quite loud during the previous weeks. In their hour of extreme distress, they would want to believe that their government and the head of the state are doing their utmost to arrive at a reasonable solution to this problem. An intervention on the part of Her Excellency the President would soften their anxieties and help them to maintain a sense of confidence in the political system in their country, even amidst the tragic circumstances they now find themselves in.
For these reasons we earnestly urge her Excellency the President of Sri Lanka to intervene in this matter by way of immediate dialogue with the head of state of Saudi Arabia, His Majesty the King.
