The situation faced by prison inmates has long been a subject of discussion in society, and the Human Rights Commission of Sri Lanka conducted an in-depth study on this issue over approximately two years, releasing a major report in 2022. This report has been submitted to the government, with suggestions that its recommendations be implemented.
The dilemma of non-bailability
“About 70% of prison inmates in Sri Lanka are considered suspects who have been remanded. This is a special situation that needs to be considered. In this context, the conditions in remand prisons are deteriorating sharply, and there is an increase in overcrowding and oppression. The lives of some people are disrupted due to remand, and in some cases, their lives have even been lost. There is a common opinion in society that the lives of young people, especially those involved in drug offenses, are ruined because of the remand of their children,” said Attorney at Law Dulan Dassanayake during the discussion.
Dulan pointed out that delays in cases, remand in custody, and several repressive laws have primarily contributed to the creation of prison congestion.
Although the Bail Act is intended to grant bail to suspects, the prosecution is taking steps to prevent bail being granted by taking advantage of several other laws. Dulan also noted that the police, which file about 96% of cases, are at the forefront of this practice.
False Cases
Attorney Dulan highlighted that “false cases” are sometimes filed in drug-related offenses even when drugs are not possessed. He explained that these illegal activities occur due to targets given to the police, citing the recently implemented ‘Justice Operation’ as a clear example.
“Another common occurrence is that the quantity of drugs is increased and reported to the court. As the quantity increases, there is a limit to the bail granted by the magistrate. If bail is required beyond that, one has to go to the Court of Appeal according to the new laws. On the other hand, the quantity of drugs is determined through analyst reports, which, under normal procedure, take considerable time to receive. Accordingly, remand is inevitably imposed until the analyst report is received,” Dulan explained. He noted that a lack of adequate facilities and officers at the institutions has severely affected the timeliness of analyst reports.
Analysis Reports
Dulan also pointed out that even former Justice Minister Wijedasa Rajapaksa had expressed concern over changes in the quantity of drugs referred for analysis, as well as the fact that substances referred as drugs sometimes contain completely different contents.
Attorney Dulan emphasized that if forensic reports were provided promptly, the prosecution would be more accountable. “Their aim is to remand the suspects and impose punishment. If forensic reports are provided promptly, it will be difficult to achieve this aim. Therefore, it is essential to formulate a program to provide forensic reports related to drugs promptly,” he added.
The attorney also strongly stressed the need to promptly implement the recommendations given by the Human Rights Commission of Sri Lanka to control overcrowding in remand prisons and curb abuses occurring in prisons. “This is not easy; social perception must change as well as repressive laws,” he emphasized.
The 241st discussion in the ‘Kathikawatha’ series of topical discussions of the National Movement for a Just Society focused on ‘The Invisible Truth Rooted in Sri Lanka’s Prisons’. The discussion was attended by Creative Director M.L. Seneviratne, Chairman of the Prisoners’ Rights Protection Committee Attorney-at-Law Senaka Perera, Attorney-at-Law Dulan Dassanayake, and Mrs. Manoji Wadugodapitiya, and was moderated by Attorney-at-Law Gayathri Navaratne.
This article has been prepared based on that discussion.