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Pardons Remissions and Releases

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by Rohini Marasinghe- Retired Judge of the Supreme Court

The President appears to have issued a directive to the Ministry of Justice to present a paper to the Cabinet to pardon the prisoners who are eligible to be pardoned, primarily due to the Covid Pandemic.  All prisoners under death sentence will have their sentences reduced to twenty years, and all those who have served twenty years in prison to be released.

 According to Government statistics as of the end of 2019, there are approximately about 1,300 prisoners in the death row. The death sentences of approximately 420 men and 50 women have been confirmed.

It must be noted that capital punishment remains as a part of the Law of Sri Lanka. It is a part of the penal Law of Sri Lanka that: “Whoever commits murder shall be punished with death.” (Sec. 294-296 Penal Code)  

Additionally, whoever has in possession of ‘2 or more grams of heroin shall suffer the penalty of death or life imprisonment. (the Poisons, Opium and Dangerous Drugs Ordinance as amended by Act 13 of 1984)

It is manifest that under the Poisons, Opium and Dangerous Drugs Ordinance, the court has no discretion but to impose the death penalty or as an alternative a sentence of life imprisonment. There is no discretion available to a court to determine the appropriate sentence of imprisonment independently. When the sentence is mandatory as in murder and drug trafficking, the judge has no authority to determine the proper sentence less than death or life imprisonment.

The President has the power under the Constitution, to commute any sentence imposed by the court to a lesser one. The question as to whether a case is appropriate for the exercise of the power of Pardon conferred upon the President by Article 34 of the Constitution depends upon the facts and circumstances of each particular case.

The nature and effect of a pardon reach both the punishment prescribed for the offence and the guilt of the offender. When the Pardon is deemed to be a full pardon, it releases the punishment and erases the guilt 0f the convicted person. Therefore, in the eyes of the law, the offender is as innocent as if he had never committed the offence. (Justice Fields in ex parte Garland 71 US (4 Wall 1867) It is because the  Pardon is viewed as an acknowledgment of the fallibility of a human judgment, which could even be a product of a well trained legal mind. Therefore, errors are remedied by entrusting a power of Pardon subscribed in the above-mentioned Article 34 of the Constitution. The Head of State has the supreme authority to exercise the executive power of granting Pardon after taking into consideration several reasons and appropriate circumstances which may not be apposite for reference before the courts

Where the government considers it reasonable that the power of Pardon should be exercised in respect of a particular category of prisoners, in that case, the government has the ability do so and also for excluding a specific type of prisoners which in its thinking does not seem suitable to be pardoned. A decision to pardon a given category of prisoners and not others of a different category is a matter of governmental policy. In the absence of any ill motives in making that choice, the aforementioned Article 34 justifies making it.

Where the President views it as reasonable to pardon those in the death row due to spread of the Covid virus within the prison premises, in that case, he is using his prerogative powers under the Constitution subscribed and protected under Article 34 of the Constitution. Other than the powers conferred on the President, we do not have any legislation in place to change an indeterminate period of punishment to a limited period of a sentence for incarceration to have a prisoner released after the appeals have exhausted.

Undoubtedly the President has the power in an appropriate case to commute any sentence imposed by a court into a lesser sentence. But the question as to whether the case is suitable for the exercise of that power depends on the facts and circumstances of each particular case. But the President cannot act independently in exercising the pardon power.  When a sentence of death has been imposed, the President is subjected to the procedure stipulated in Article 34( See Proviso) The President cannot act according to his free will. And that power of Pardon is subject to judicial review.

The issue that concerns this article is, whether it is justifiable for the President to commute the death sentences to 20 years by a declaration and release all those who have served a sentence of twenty years; and the effect of such a ruling in the future concerning these offences.

The commutation of a sentence means the process of substituting the punishment imposed by a competent court with a lesser or lighter sentence.

Capital punishment or the death penalty can be defined as a punishment which is passed against a criminal who had committed a heinous and unforgivable crime under the Penal Law. Under this sentence in Sri Lanka, the life of the prisoner is put to an end by hanging. (Sec.286 Criminal Procedure Code).

The underworld kingpins in drug trafficking are a great menace in Sri Lanka. At one time, the previous government took steps to implement the death sentence and execute all those convicted in drug trafficking and those serving their term in the death row. Some of those convicts are presently serving life imprisonment. Ironically this government is thinking of releasing all of them.

Many countries which have abolished capital punishment view it as providing the criminal with an easy escape from all his wrongdoings through the sentence of death. Therefore, life imprisonment without parole or any remission is considered to be an equivalent punishment to capital punishment, which allows the State to punish the wrongdoer adequately without taking the life of such criminal who had committed a Capital Offence.

In India, after the insertion of section 433 A to the Criminal Procedure Code, imprisonment for life amounts to incarceration up to 14 years.  The case of Swamy Shradananda, which is considered to be carrying a landmark judgment, that position was altered.  As a sequel to that judgment, the courts are now empowered to substitute the death sentence with life imprisonment for a term of over 14 years and direct that the convict must not be released from prison for the rest of his life or until the actual period specified in the order is served. Whilst not endorsing the death sentence that was imposed on Swamy Shrdananda, the court found that since life imprisonment subject to remission customarily worked out to 14 years, it would be grossly disproportionate and inadequate, when considering the nature of the offence committed. ((Swamy Shrdananda v State of Karnataka- Supreme Court of India July 22, 2008)

In dealing with a life sentence as an alternative to a death sentence, the courts in India had systematically held that the persons convicted for murder, where the death penalty is not imposed, the convict should be incarcerated for a period for 30 years. He is not entitled to be released before the expiration of 30 years. The imprisonment for life must prima facie be treated as imprisonment for the whole life of the remaining period of the convicted person’s ‘natural life’ was the view of the Indian Supreme Court dealing with life imprisonment as an alternative to the death penalty.

The punishment for murder under India’s Penal Code is life imprisonment or death.

In England, persons who are found guilty of murder are given a mandatory life sentence. If the circumstances are severe enough, a ‘whole life order’ will be imposed meaning that the offender will never be released.  The validity of the ‘whole life sentence’ was appealed. Now such a penalty will be reviewed after the convict has served a minimum of 25 years in prison. Amidst the severe spread of Covid, the government of Boris Johnson is proposing new laws to ensure that the most dangerous criminal spend longer in custody. The government has said that it would toughen sentences for violent offenders, including terrorists. Automatic early release of a convict at the halfway point is to be abandoned.

Usually, the minimum term the prisoner should serve is determined by the judge at the time of sentencing. Life sentences may be imposed with or without parole. The life sentence is intended for dangerous offenders who have committed the offences with the utmost brutality. In such circumstances the judge will set the minimum term he must serve before being eligible for release. Once the minimum term expires, the prisoner can apply for parole and will be released if he is deemed not to pose a threat to society. Once released he remains on license for the rest of his life.  If the prisoner violates any of the conditions on the permit, he will be recalled. He will also be liable to be recalled if he becomes a threat to the public. At the moment, there are about 8,500 inmates serving life sentences. And around 60 with whole life sentences.

The parole board will decide whether or not the offender is safe to return into society. The decision of the parole board is based on evidence from the victim, health professional, prison staff and the offender.

 These safeguards are essential to be considered in the event the prisoners who are now in our jails are to be released early or at any time.

The spread of the virus in the prisons may not be a good reason to release the dangerous offenders to society without a proper assessment of their behaviour.

Singapore’s laws maintained the mandatory death penalty for several offences. In 2012 the capital punishment laws were revised by the Singapore government. The mandatory death penalty for those convicted for drug trafficking or murder was lifted under specific conditions. Before the judgement of Abdul Nasir Bin Ahmed Hamsah,[1997] SGCA 38) a life sentence meant 20 years imprisonment, and with one-third remission for good behaviour, the offender would have to serve only 13 years and four months in jail. In the case of Abdul Nasir, the court clarified the meaning of ‘life sentence’. It held that in future cases, it should be interpreted to mean the whole duration of the person’s natural life and not merely 20 years. The first issue the court faced was whether the sentence of life imprisonment should equate to 20 years or the remainder of the convicted person’s natural life and concluded that unless the legislature in the future provides otherwise, this sentence should mean the rest of the person’s natural life.

The death penalty is the severest punishment prescribed in the Statute for grave offences. But this would not be the case if the death sentence was equated for 20 years. Death sentences would then become excluded as a part of the penal law of the land.

If the capital punishment is replaced by a period of imprisonment for 20 years, then persons who commit the most gruesome murder and all those large scale drug kingpins will be liable to spend even less than 14 years in prison once their period of good behaviour is deducted from the original sentence of twenty years of incarceration.

Where the method used for the commission of the original offence of murder is exceptionally gruesome or cruel, or the commission of the drug offence is spread wide and pervasive the sentence should be commensurately applicable, a sentence of less than 14 years would be grossly inadequate.

Where the legislature believes that sentence for murder and drug trafficking should be 20 years as an equivalent to capital punishment, then they should remove the death sentence as a mandatory sentence. Then the judge who heard the case would be given the discretion to impose the appropriate sentence to fit the crime and decide the suitable length of the convict’s incarceration.

A Presidential Declaration cannot equate the death penalty to an imprisonment of 20 years. Such a declaration would amount to abolishing the death penalty, which is authorized as a legitimate punishment under the 1978 Constitution. There is no provision to equate a death sentence to 20 years. It violates the Constitution and violates the “truth in sentencing.”The death sentence would mean that convicts life is put to an end.

It will not be justifiable without any legal provision being put in place, for a court to commute the death sentence to life imprisonment, and equate it to imprisonment for twenty years, only, through a Presidential declaration.



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Artificial Intelligence: From Snake Oil to Apocalypse

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Pope signing encyclical on AI

by Rajan Philips

AI Snake Oil

– is the title of a 2024 book authored by Arvind Narayanan and Sayash Kapoor, two Indo-American computer science academics at Princeton University. The book became a popular primer on the subject. The long subtitle – “What Artificial Intelligence Can DO, What it Can’t, and How to Tell the Difference” – is summarily indicative of what the book is about. Within two years, however, the somewhat tempering message of the book would appear to have been overtaken by fears of an AI apocalypse that have been unleashed following a very public resignation by Jacob Coxon, a 27 year old AI Engineer from Anthropic. Mr. Coxon has worked at both OpenAI and Anthropic, the two main US incubators of Artificial Intelligence. On Tuesday, September 8, Coxon resigned from Anthropic, accusing the leading AI firms of “racing straight to self-improving superintelligence and gambling with our lives.”

Coxon’s warnings were soon endorsed by his peers. Evan Hubinger, Alignment Science Lead at Anthropic, not only agreed with Coxon but went further and warned of a greater than 10 percent chance that “advanced AI” could cause human extinction within the next decade. Mr. Hubinger made sure to emphasize that the current AI models do not present any existential threat and that the risk with them is relatively low. Other Engineers and Coxon himself have since been amplifying over the social media the threat posed by allowing AI expansion to continue unbridled even in the near future. Corporate leaders followed suit with calls for government control.

AI’s Weekend Escapade

Anthropic CEO Dario Amodei published a 3,000 word essay on Saturday, September 12 – written with or without AI input, no one knows – in which he warned about AI’s capacity for “recursive self-improvement” that can spin out of human control. While there have been a number of ‘incidents’ involving different AI models, Amodei drew attention to the mid-July cybersecurity incident in which OpenAI agents or bots (computer programs doing automated, repetitive tasks), who were part of an internal test run by the company, took advantage of the safety fences that had been lowered for test purposes, and acting autonomously escaped from their home ‘sandbox’ (a virtual computer in the cloud), entered the open internet, and intruded the production systems of an AI infrastructure company, the Franco-American Hugging Face.

The rogue agents performed more than 17,000 recorded operations over a weekend, before someone at Hugging Face noticed the intrusion. Hugging Face did not know the source of the AI intruders at first; so, it informed law enforcement. No one at OpenAI knew until Hugging Face people traced the source and informed OpenAI. According to OpenAI, sabotage was not the motive behind the ‘misaligning’ (deviating from human intent) escapade of its artificial agents, but cheating – cheating to overperform in the test after they autonomously discovered that the answers to their test were available in another publicly available test that was in the system run by Hugging Face. Remarkably and unexpectedly, the AI agents found a way to communicate with each other, took steps to hide their tracks, and to selectively disable some among them to avoid detection.

The operation was plain and simple hacking. If OpenAI engineers had done it, it would have been a crime and they may have been prosecuted. Not so with AI agents, who cannot be charged and put on trial. A way out has been suggested to treat AI agents similar to wild animals and holding owners liable for any harm done by their charges.

In his essay, CEO Amodei outlines a three step approach for “pacing the frontier” – to build AI at a balanced rate that will ensure safety while amassing benefits. The three steps, which Anthropic is committed to abide by, are: Embedded Evaluators – third party evaluators to operate within companies: Democratic Co-ordination – frontier AI companies in democratic countries to co-ordinate and achieve common safety standards and restrain unchecked AI progress; and Global Co-ordination – all world governments to co-ordinate and achieve compliance to the extent possible.

The titans in the American AI world, including Open AI CEO Sam Altman, have joined the call for the government to step in and slow down their creations. After the OpenAI incident, more than 1,300 computer scientists working in a highly competitive environment came together to issue a joint statement, titled “Pacing the Frontier,” calling on Washington to facilitate an international effort to develop the necessary technical and governance rules for the industry. The New York Times correspondents David Sanger and Dustin Volz have called the scientists’ appeal ” a deliberate echo of Albert Einstein’s letter to Franklin D. Roosevelt about the potential power of nuclear weapons.”

Not everyone is crying for ‘pacing.’ There is healthy skepticism at both the corporate and scientific fronts in the industry. Small tech companies are accusing that the pacing call by tech titans is really a ruse for establishing a ‘Silicon Valley cartel control” that will smother their little cousins. They draw their cue from the rather costly slip that Mr. Amodei showed in his essay – calling on Washington to grant an anti-trust waiver to facilitate industry co-ordination. The anti-trust law does not prevent AI companies from working together to improve safety. This has been quickly pointed out by Alvaro Bedoya, a former US Federal Trade Commissioner.

According to Aidan Gomez who runs the Cohere AI company in Toronto, Amodei’s three-step proposal also may not have prevented the OpenAI incident. In Gomez’s view the incident may have been due to poor instructions, weak virtual security around the test, and long periods of unsupervised testing. All three factors were there in the OpenAI incident. It has since transpired that there was an error in the OpenAI test instructions due to a typo, and that is what drove the agents to their escapade, to complete a faulty test set by humans.

Malicious Humans

There is consensus in the middle, as seen by John Hopkins Professor Gillian Hadfield, that there is a case for an immediate technical co-ordination and a more long-term regulatory response. The political world is even more divided. King Charles and Pope Leo are sufficiently exercised but the US president, who loves AI images fabricating him as Christ, calls the whole existential threat a hoax. On the other hand, former President Obama wants his Party to formulate a clear position for itself, on AI and its Data Centre dormitories, before the next wave of elections. China dismisses the new fears as a page out of the old cold war playbook. Elsewhere, at the BRICS summit in Delhi which went largely underreported in the west, nothing much was said on AI except one summitry paragraph #81.

In their AI Snake Oil book, the two computer scientists, Narayanan and Kapoor (N&K) devote a whole chapter (#5) to the question: Is Advanced AI an Existential Threat?” The question is not a new one, and as N&K reminds us, “has been a staple of fiction since long before the first computers were built.” In fact, watching the 2023 movie “Mission Impossible: Dead Reckoning” is said to have “spurred” President Joe Biden to issue the first EO (Executive Order) to regulate AI on 23 October 2023. Trump ceremonially rescinded it within hours of his inauguration on 20 January 2025, after packing his inaugural address invitees with all the CEOs of America’s AI universe.

N&K trace the existential fears about AI to the hype about AI’s snake oil abilities – the sales pitch that leads to “overreliance” on AI “as a replacement of human expertise instead as a way to augment it.” Particularly overrated are the predictive abilities of AI, which are different from its more useful generative abilities. There are likely egotistical biases in those given to apocalyptic predictions. A great part of the attraction to AI research at the highest level is “the prospect of building a powerful technology that could alter human history.” A corollary of this allure is the “grandeur” associated with AI work. At the same time, many AI researchers “vehemently reject doomsday predictions,” including those in the “AI ethics research community.”

While AI has made humans more powerful now than anytime in history, it is conceivable that human-AI combination will be more powerful than AI acting alone. N&K hit the nail on the head in warning that “we should be more concerned about what people will do with AI than with what AI will do on its own.” For “the biggest risks to humanity will arise from people misusing AI, not from AI going rogue.” The answer is in looking for specific threats that may arise from bad actors misusing AI. There is a range of them, including inflicting biological harm, flying AI powered drones, or carryout relentless cyberattacks.

Evidence of such misuses is presented in a report that Anthropic released on September 10, two days before its CEO’s essay. The report, titled “Detecting and countering misuse of AI: September 2026”, details the identification and disruption of what it calls “the most notable and novel threat activity” in the use of its Claude AI system by state and non-state actors in some African countries, for the purpose of cyber operations, influence operations, disinformation, surveillance, dissent suppression, and bio terror.

The United Arab Emirates is implicated in one such operation in Sudan, where the UAE is known to be the main benefactor of the Rapid Support Forces (RSF), the paramilitary group that controls the western parts of Sudan. According to Anthropic, a local network with UAE connections has used the Claude AI system to create a fake human rights organization and made AI generated presentations to the UNHRC in Geneva. The network has also prepared dossiers and personal files on journalists, European parliamentarians, and UNHRC rapporteurs, who have been critical of RSF’s operations and the UAE’s support for them.

AI Cold War

In its introduction to the report, Anthropic notes that “as models become increasingly capable, their risks will increase, unless AI developers and society’s defenders act to make them safer.” Remarkably, the focus on AI developers and society’s defenders is all US-centric and almost totally exclusive of China. President Trump’s decision to leave AI alone, which is obviously driven by his deregulatory profit instincts, not to mention crass self interest, is wholly predicated on portraying China as an AI competitor and the assertion that America cannot afford to become second to China in the AI race. It takes two tango, and China is not backing away and is calling the American hype over AI as a new manifestation of the old cold war.

The geopolitical competition over AI is creating “two increasingly incompatible tech stacks,” according to a June 2026 assessment by the Boston Consulting Group. While the US is the leader in frontier AI models, talent, and capital deployment, China is advancing on cost-optimized models and accelerating adoption across its economy. Those in the middle are trying to navigate the divide: “the EU is building sovereign compute; Japan is aligning with the US through massive capital investments; and India is using its scale to engage multiple ecosystems simultaneously without committing.” For AI companies, “the choice of AI stack will increasingly determine where an organization can operate and its exposure to geopolitical volatility.”

The opportunity for global co-ordination is being missed almost deliberately by the two AI superpowers. As UN Secretary General Antonio Guteress said this week, “National action is essential, but global co-ordination is indispensable.” But UN’s voice for global co-ordination is a voice in the wilderness. This is unfortunate in spite of the comparable and complementary regulatory frameworks that exist in the US, EU and China. N&K describe them in their book as being vertical in the US – where multiple federal agencies are tasked with enforcing regulations; horizontal in Europe – with different laws applying across the different AI sectors; and both vertical and horizontal in China.

A different voice in the wilderness came from the Vatican. On 25 May 2026, Pope Leo XIV issued his first encyclical, entitled ‘Magnifica Humanitas: On Safeguarding the Human Person in the Time of Artificial Intelligence.’ The encyclical calls for the disarming of AI, not by “rejecting technology, but preventing it from dominating humanity,” and by adopting a framework of safeguards based on the five principles of common good, universal access, subsidiarity, solidarity and social justice.

The release of the new encyclical marked the 135th anniversary of Rerum Novarum, the historic social encyclical of his namesake predecessor Pope Leo XIII issued in 1891. The historical contrasts are remarkable. Rerum Novarum (Of New Things) was the Catholic response to the miserable conditions of the 19th century industrial working class while opposing both laissez faire capitalism that was causing the misery of the workers, and socialism that was promising emancipation through revolution. In the age of Artificial Intelligence, the old working class organizations have all but disappeared and the status of work itself has come into question, along with the possibility a basic income for everyone.

Marx may have seen it coming: “Once adopted into the production process of capital, the means of labour passes through different metamorphoses, whose culmination is the automatic system of machinery… set in motion by an automaton, a moving power that moves itself; this automaton consisting of numerous mechanical and intellectual organs, so that the workers themselves are cast merely as its conscious linkages.”

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Why the spelling Sri Lankan names in English vary

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Have you wondered why the same name (eg. Jayatillake) is often spelt differently?

(This is largely AI generated with some human intervention)

Sri Lankan people write their names in English in multiple different ways primarily because there is no single standardized system for converting Sinhala and Tamil sounds into the English alphabet. Variations stem from linguistic phonetics, centuries of colonial rule, and legal document traditions.

1. Phonetic Gaps Between Local Languages and English

Sinhala and Tamil scripts are strictly phonetic and possess sounds that do not have direct one-to-one equivalents in the 26-letter English alphabet.

Dental vs. Retroflex Consonants: Sinhala has distinct letters for dental ‘t/d’ sounds (made with the tongue against the teeth) and retroflex ‘t/d’ sounds (tongue curled back). When transliterated, some people use th for the dental sound (Rathnayake, Goonathilake), while others use t (Ratnayake, Gunatilake).

The Vowel Mapping Dilemma: The short schwa vowel sound (common in words like Vardhana or Krama) gets interpreted differently by different writers. This creates variations like Jayawardena vs. Jayewardene, or Wickramasinghe vs. Wickremesinghe.

2. Colonial British Spelling Conventions

During British rule in Ceylon (1796 1948), colonial administrators registered birth records and names in English. English speakers often struggle to pronounce a short ‘a’ at the end of a word (e.g., pronouncing Nayaka as “Nayak-ay”).

To force an English speaker to pronounce the ending vowel, British clerks frequently wrote an “e” at the end of Sanskrit- and Sinhala-derived roots:

-nayaka became -nayake (Rathnayake)

-singha became -singhe (Wickramasinghe)

-vardhana became -wardene (Jayewardene)

-ratna became -ratne (Karunaratne)

Family branches that adopted modern Sanskritized or academic transliterations later changed these back to -na, -ha, or -ka, while others kept the British-era spelling.

3. Portuguese and Dutch Colonial Influences

A large portion of Sri Lankans carry surnames of Portuguese origin due to 150+ years of Portuguese rule along the coasts. Over centuries, these names evolved into distinct English spellings:

Pereira vs. Perera

Pieris vs. Peiris vs. Peries vs, Peeris vs. Pireis (and more)

De Silva vs. de Silva vs. de Sylva vs. de Zilwa etc.

Fernandopulle vs. Fernando

Different families registered their inherited foreign names using whichever English spelling was used by the official clerk on duty at the time of birth registration.

4. Tamil Phonetics and Soft/Hard Consonants

In Sri Lankan Tamil name transliteration, a single Tamil consonant character can represent both a soft and a hard sound depending on its position in the word. English transliterators choose different letters to represent these sounds:

T vs. TH: Thiruchelvam vs. Tiruchelvam

K vs. G: Murugesan vs. Murukesan

P vs. B: Santhapillai vs. Santhabillai

5. Legal Document Inertia

In Sri Lanka, legal identity is tied strictly to the spelling on a person’s official Birth Certificate and National Identity Card (NIC). If a registrar in 1950 in handwriting spelled a grandfather’s surname as Gunasekara instead of Gunasekera, that exact spelling remains legally binding for subsequent generations, preserving minor spelling variations across extended families.

6. Caste spellings

The English spellings of Sri Lankan names sometimes have caste indicators. Eg. Goonewardene (karawa) vs. Gunawardene (govigama).

Some families have distinctive name spelling. Eg. Wikramanayake vs. more common Wickremanayake.

English language journalists once upon a time were told to “spell a man’s name the way he spells it.

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The Sepala Ekanayake hi-jack: Then ambassador’s take on what happened in Bangkok

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Hijacked Alitalia aircraft

(Excerpted from “Madame-Sir”, Manel Abeysekera’s memoir of SL’s first woman career diplomat. This book was first published in 2010)

It was when we were in the Residence at Soi 20 that I had to handle the second hi-jack — that of the Alitalia ‘plane by Sepala Ekanayake. It was a year after that by the Indonesian Muslim Fundamentalists and the aborted Coup in Bangkok.

I simply could not believe my ears when I was called by the Thai Foreign Ministry and informed that a Sri Lankan by the name of Sepala Ekanayake had hi-jacked an Alitalia Boeing with 169 passengers on board and wanted the ‘plane fuelled and flown to Colombo; my first reaction was that it must be an Eelamist under an assumed Sinhala name and I had our copy of our Immigration “black” list of those who should not be allowed to land in Sri Lanka checked for the name but, though there was an Ekanayake listed, his first name was not Sepala.

Sepala Ekanayake

I next telexed the Foreign Ministry about the hi-jack and requested all information on Ekanayake to enable me have some idea of my protagonist. Our Police was simply marvelous and sent the information promptly: which was that [1] his father had re-married and his step mother had treated him badly resulting in his becoming unmanageable in school which in turn had made him a school drop out [2] he had later learnt electrical wiring and other technical skills [3] he had illegally slipped into Italy where he married an Italian Montessori teacher and they and their son lived in Modena [4] though he was not wanted for any offence in Sri Lanka or in Italy he had been involved in a brawl in Sri Lanka in which he had broken a man’s arm though there was no evidence on which to indict him [5] he had been given short jail sentences in Pakistan and Yugoslavia for drug peddling of small quantities of heroin-hence the short sentences.

Hector (my husband) and I accompanied by (embassy staffer) Premaratne went to the Airport and were directed to the Alitalia Office where there was also the Italian Ambassador Signor Ripandelli. Both he and I offered to board the ‘plane but were refused permission by the Alitalia authorities probably because the hi-jacker had threatened to blow up the plane if anything was done without his permission or his requests refused, by triggering off the explosives he said he had round his neck and shoulders which he had covered with a shawl.

We were briefed that he had boarded the ‘plane in New Delhi and hi-jacked it when it was approaching Bangkok. Unlike most hi-jackers, he had not toted a gun but said he would not hesitate to activate the explosives round his neck and shoulders. He had explained that he had boarded the ‘plane without them and that they had been brought on board by his collaborators and left in the toilet for him to collect and string together. After doing so he had astutely occupied the Air Hostess’ seat against the body of the aircraft so that no one could surprise him from behind and declared that he was hi-jacking it; the manouevre was carried out so smoothly that the passengers thought that the reason for the unscheduled stop was a technical problem.

Sepala Ekanayake

He had said that the reason for the hi-jack was because his wife had taken their four-year old son from Sri Lanka without his permission with the connivance of the Italian Embassy in Colombo; his demands were: [1] the child to be brought to Bangkok and handed over to him [2] $300,000 to pay his collaborators and [3] all passengers to be allowed to disembark without being searched to prevent his collaborators even accidentally being detained. The reason for the hi-jack was most unusual but we had no option but to accept it.

I was asked by the Thai Authorities to negotiate with him and I asked Premaratne to listen very carefully – as I was going to speak to him in Sinhala – to detect in his choice of language or accent any trace of his being a Tamil which might give him away as a possible Eelamist. I spoke to Ekanayake through the radio link provided between the Alitalia Office and the Captain for the purpose and, having introduced myself by name and as the Sri Lankan Ambassador to Thailand, I asked him whether he wished me to speak in English or Sinhala and he opted for the latter. After listening to his tale of woe, I informed him that he had committed an international crime and that it was hardly likely that his requests would be granted, little guessing at that time that they would!

Though everyone hoped that he would be overpowered at some stage, whenever he was tired or sleepy, it was not to be because, whenever anyone approached, he would become alert. Thus the hours passed and one of my problems was in communicating with our Foreign Secretary because Air Lanka did not have a direct telephone link to Colombo which I could have used and the Alitalia Office was much too pre-occupied and was connected to Rome.

However, the spirit of solidarity among women came to my rescue as some officials in charge of Airline and other offices at the Airport were women – Royal Nepalese Airlines and World Travel Service – and those ladies invited me to their offices and offered the use of their telephones for which I was extremely grateful. Ironically, the difference regarding action by the Italian Ambassador and myself in this tense situation was that, Rome asked him to take instructions from the Alitalia Captain, whereas I was left to my own devices!

As I have a deep belief in God and realized that I had only Him and my good sense to rely on, I prayed that God give me His help to save the lives of the 169 passengers. As if in answer, I often felt that He was putting words in my mouth as I found myself speaking to Ekanayake in different tones and equally amazingly that he was being cooperative with me in whatever I asked him to do. For example, I found myself speaking sternly to him at times and persuasively at others, especially once his wife and son were sent to Bangkok by the Italian Government.

Once she and the child joined me in the Alitalia Office, I even tried to counsel her regarding her marriage, pointing out that several foreign wives were living happily with their Sri Lankan husbands and that there was no reason why she too should not. I told her that, in my opinion, though her husband had committed an international crime, he did not seem criminal minded in that he had allowed meals to be taken on board and had not terrorized the passengers or the crew except threatening to blow himself and the ‘plane should his request for his son to be brought to him in Bangkok be refused.

She, while admitting that her husband was not really criminal minded, said that she could not cope with his sudden impulses such as wanting to go to Australia with their son without any plans as to how he would earn a living there. When she was with me I spoke sternly with him that I had no intention of sending her and their son to him in the ‘plane as she was petrified; before the ‘plane in which they had flown to Bangkok landed, he had wanted to hear his son’s voice to make sure that it was indeed he, and this had been facilitated from ‘plane to ‘plane and so he knew that both of them had come.

Manel Abeysekera who died on Sept. 10 at age 93 was Sri Lanka’s first woman career diplomat

One advantage I had was that I understood Italian as it was the language assigned to me in the Foreign Service and which I had studied for one academic year at New Hall. Cambridge. No one knew it nor did I tell anyone at the Airport but I had the good fortune to be able to understand what was being said by the Alitalia officers and the Captain, which enabled me to follow developments – even the Italian Ambassador had forgotten that I had exchanged pleasantries with him in his language when I had called on him when I took up duties in Bangkok.

I asked Ekanayake to allow the passengers to disembark and, after what seemed an eternity, they were allowed to do so, without any security check as was one of his demands; thereafter, I asked that he allow the stewardesses and stewards to disembark and that too was done. Then only the Captain and Ekanayake remained on board and he asked that his wife come on board with the $300,000. I said that she would go up the gangway with the satchel of money but not board the ‘plane. However, before she did that, I asked him to divest himself of what he had round his shoulders and place it between him and the Captain as otherwise she would not do so.

At first he did not reply, but to my great relief, he complied as was conveyed by the Captain to the Alitalia Office. Thereafter, Ekanayake met his wife halfway on the gangway and took over the satchel of money and went back to the ‘plane.

How the money was obtained was most interesting. As I have already indicated, the Alitalia Office was invariably crowded. This was because there were passengers of several nationalities and representatives of their diplomatic missions were there to took after their interests. Unlike in the Indonesian Garuda hi-jack, these passengers spoke different languages and they did not collectively understand a common tongue.

When I learnt that Ekanayake wanted $300,000 I mentioned it to the Japanese representative, pointing out that as it was evening it may not be possible to get such a large sum of money quickly, which in turn might annoy Ekanayake and result in dire consequences. He got the message and shot out of the room; not much later a Thai woman bank official appeared with the satchel. I suspect that the Japanese had loaned the Thais the money who paid it to Ekanayake and later recovered it from Alitalia.

As I was marooned in the Alitalia Office for nearly 38 hours without a shower or a change of clothes, I used to visit the nearby ladies room to have a wash. On these occasions as I went along I saw several media personnel sleeping on the floor, longing to have news of developments on the hi-jack. When they saw me they would sit up and ask me for news and I tried to oblige as best I could without revealing details of the negations; I used to also tease them by saying that one thing was sure and when they excitedly asked what that would be, I said that it was that they would not get any sleep that night, which made them laugh and relax!

In contrast, the Italian Ambassador, who also passed them on his way to the men’s room, would ignore their questions or be abrupt with them; this resulted in the “Nation” newspaper reporting in an article on the hi-jack that they give the Sri Lankan Ambassador a big bouquet and the Italian Ambassador a brickbat! As I have said, my prayer helped me no end – to think clearly and act with foresight, so that, for instance, I had had the presence of mind to ask Premaratne to bring along the visa stamp and ink pad in case we had to give Ekanayake’s wife a visa to go to Sri Lanka, which we did.

The root cause of Ekanayake’s errant behaviour as I have stated from our Police reports was his early childhood aggravated by his having to steer his own canoe as a youth and rely on his brains of which, in my opinion, he had plenty but which, alas, had not been guided. For instance, his intelligence can be seen from the fact that he had prudently obtained a visa for India in case his collaborators failed to bring on board the electrical gadgetry he required for the hi-jack.

Other aspects in which the Police reports helped me was that, since they said that he had learnt electrical wiring, his claim that he had explosives round his shoulders which he could detonate may well be true and that one could not take any risks over that. Further, the fact that the Police report said that though he was not wanted in Italy or Sri Lanka, made me realize that, if the hi-jack issue ended in negotiations, he may ask to go to Italy or Sri Lanka. I also knew that his going to Italy was unlikely as the Italian Authorities would not allow it; under our Constitution however, if a citizen was not wanted for a crime – and he was not – he could return home provided he was not carrying arms against the State.

So, when the Thai Minister of Communications, H.E.Admiral Amorn Sirigaya, was earlier inquiring from me what was likely to be the denouement of the whole episode, I told him that if he allowed everyone to disembark, then he would have to go somewhere from Bangkok unless he was shot or arrested by the Thai Authorities when he stepped off the ‘plane; knowing the Thai dislike of blood being spilt on Thai soil – from my experience of the previous Garuda hi-jack – I felt that they would let him go.

Yet, when the Minister asked me whether he would be allowed to go to Sri Lanka, I did not answer him but said that I could make the enquiry provided Thailand would give him safe passage; later the Minister told me that he had consulted his Prime Minister and the answer was in the affirmative. ‘So I informed our Foreign Secretary Mr. W. T. Jayasinghe accordingly and also about my understanding of our Constitutional provision to which I have already referred.

(Next week: The drama continues)

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