Addressing Parliament today, the Minister of Justice and National Integration, Mr. Harshana Nanayakkara, stated that one of the factors contributing to the severe overcrowding in prisons is the amendment introduced in 2022 to the Poisons, Opium, and Dangerous Drugs Ordinance, along with delays in the Government Analyst’s reports.
“Before that amendment, if the net weight of the narcotics exceeded 2 grams, the High Court had the authority to grant bail. However, after the 2022 amendment, if the net weight of the narcotics exceeds 10 grams, one has to go to the Court of Appeal to obtain bail. Even in the case of a person from a remote area, the relations have to come to Colombo to get bail.”
Here, the Minister pointed out that it takes about six months to obtain the relevant Government Analyst’s report to determine the net weight of the narcotics, and it takes another six months to decide on the appropriate court to which the case should be referred, and to obtain bail from that court. “Before even knowing whether what was seized was heroin or crushed Panadol, a person has to be in remand for about a year and a half,” he pointed out.
The Minister also pointed out that the required officers have not been recruited to the Government Analyst’s Department since 2022. “When we came to power, there were 118 vacancies. From last December up to now, 72 have been recruited. We have been unable to recruit ten. Applications are low due to a lack of qualifications. Therefore, Government Analyst’s reports are delayed, and cases are postponed.”
The Minister stated that the Government has obtained Cabinet approval to amend the 2022 legislation so that the court capable of granting bail can be determined based on the gross weight, rather than the net weight. “If the gross weight exceeds 100 grams, obtaining bail must be done through the Court of Appeal. The power to grant bail concerning a gross weight of less than 100 grams will be reassigned to the High Court.”
The Minister stated that the Government has found the root of the problem and its solution, and that the Negombo tragedy occurred while they were working on a resolution.
Minister Harshana Nanayakkara stated that construction is currently underway to provide space for approximately 10,000 more inmates in existing prisons. “When we came to power, there were 1,348 vacancies in the prisons. We recruited 401. Another 222 are being recruited. Approval has been obtained to recruit a further 924.”
The Minister pointed out that a committee has also been appointed to draft a bill allowing individuals to be placed under house arrest instead of being remanded.