By Nidarshani Wickramasinghe
An organisation working for the protection of the rights of prisoners has called on the government to promptly implement recent recommendations from various committees regarding solutions to conflicts involving prison inmates and prison officers.
The move comes in the wake of a spate of incidents involving violence against inmates by prison officers.
At least two deaths of prison inmates have
been reported.
On April 27, a 37-year-old inmate died after being assaulted during a dispute involving a prison officer and two inmates at Magazine Prison. A jailer and several prison guards have been arrested and remanded.
On May 3, a 40-year-old inmate R. Oshadha Sanjeewa, a resident of Borella, allegedly attempted to escape from Welikada Prison and was later arrested.
Following an assault inside the prison, he reportedly died in the early hours of May 4. Family members alleged that the death resulted from the assault. Three prison guards have been arrested.
Also on May 3, prison officers opened fire when two inmates attempted to escape from Galle Prison. One inmate was injured by gunfire and admitted to Karapitiya Teaching Hospital, while the other inmate was arrested by prison officers.
Lawyer Senaka Perera, chairman of the Committee for Protecting Rights of Prisoners, pointed out that in the past two years, the number of violent incidents against prisoners and persons in police custody has exceeded 200, including deaths.
“Inside prisons, basic human needs are often completely violated. Escaping from prison is not punishable by death. Those who torture prisoners are rarely held accountable. Many officers believe they can escape punishment using the law itself. They have turned that belief into confidence. That is a dangerous situation.”
He pointed out that although Sri Lanka’s prison system has the capacity to hold only around 10,000 inmates, nearly 40,000 are being detained, creating severe overcrowding.
“Amendments were introduced under the Poisons, Opium and Dangerous Drugs Ordinance. If a person possesses more than 10 grams of ‘ice’ narcotics, bail is denied. Government Analyst reports can take nearly a year to arrive. Sometimes, because of this, even obtaining bail becomes delayed,’’ he said.
If prison officers fail to properly perform their duties, there is a risk of rioting in prisons. There should be an institutional system for prisons. Officers must act professionally, he said.
Another issue is that prisoner rehabilitation still follows traditional methods. Psychological approaches are not being followed. In Sri Lanka, nearly half the people released from prison end up being imprisoned again. There needs to be a more advanced rehabilitation programme and proper disciplinary procedures regarding officers.
“The current government is doing the same thing previous governments did. There is no difference. The Prisons Ordinance is the primary law governing prisoners. However, the fundamental rights guaranteed under the Constitution also apply to prisoners,” he said.
Among the serious incidents of violence in prisons in recent years were the deaths of 27 inmates at the Welikada Prison following clashes inside
in November 2012.
It was reported that the conflict erupted after the Police Special Task Force (STF) entered the prison
to search for drugs and illegal equipment,
leading to unrest.
Later, cases were filed in court regarding the killings of 8 of the 27 inmates killed.
To investigate this incident, then Justice Minister Wijeyadasa Rajapakshe appointed a three-member committee in February 2015 under the chairmanship of retired High Court Judge Wimal Nambuwasam.
The Nambuwasam Committee Report regarding prison inmates was released in 2015 and handed over to the then Prime Minister Ranil Wickremesinghe on
June 9, 2015.
One of the key recommendations in the report was to reduce the severe congestion within prisons, along with several other prison reforms.
Two separate committees concerning prison inmates were appointed at different times under the leadership of retired High Court Judge Sarojini Kusala Weerawardena.
One committee headed by her was mainly appointed to investigate the clashes at Mahara Prison on 29 November 2020.
During this incident, 11 inmates lost their lives, while more than 100 inmates and two prison officers were reported injured.
It was later confirmed that 9 of the 11 inmates who were killed had been infected with COVID-19.
Post-mortem examinations revealed that the deaths were caused by gunshot injuries, and in 2023, the Welisara Magistrate’s Court ruled that the shootings constituted a criminal act.
Then Justice Minister Ali Sabry appointed a five-member committee to investigate the unrest and the deaths of several inmates. An interim
report was given on December 7, 2020, and a final report on December 30, 2020, to the minister.
Recommendations were made regarding reducing prison overcrowding and improving healthcare facilities for inmates.
In addition, in September 2021, a single-member committee headed by retired High Court Judge Sarojini Kusala Weerawardena was appointed to investigate allegations that Lohan Ratwatte, the then state minister of prison management and prisoners’ rehabilitation, had forcibly entered the Welikada and Anuradhapura prisons and threatened inmates.
Important recommendations were made regarding reducing prison overcrowding, rehabilitating inmates addicted to narcotics, and improving security within the prison system.
The Committee for Protecting rights of Prisoners alleges that these committee recommendations have remained limited to reports only, without governments taking responsibility for implementation. As a result, prison officers continue to commit acts of violence against inmates without fear.
The Sunday Times asked Prison Commissioner (Operations, Intelligence and Media) A.C. Gajanayake regarding measures to prevent such incidents.
He said that if any violence or misconduct by prison officers occurs, it is mandatory to inform the relevant prison superintendent. If the superintendent fails to take action, complaints should then be directed to the Commissioner General or the Ministry.
Copy by – www.sundaytimes.lk
