සිරකරුවන් පිළිබඳ වාර්තාකරණයේදී අවධානය යොමු කළ යුතු කරුණු, ලංකාවේ බන්ධනාගාර පරිසරය තුළ පවතින ගැටලු, රැඳවියන්ගේ අයිතිවාසිකම් ආදී කරුණු මෙහිදී පුළුල් සාකච්ඡාවකට ලක් විය.

මෙම වැඩමුළුවේ ප්‍රධාන සම්පත් දායකයා වශයෙන්, මාධ්‍ය නීති සංසදයේ මෙහෙයුම් අධ්‍යක්ෂක නීතීඥ ප්‍රබෝධ රත්නායක මහතා සහභාගී විය.

A training workshop for journalists organized by the Committee for Protecting the Rights of Prisoners was held on 14 February 2024 in Colombo.

The workshop was attended by reporters and editors representing newspapers, electronic media, social media and websites, media researchers, and members of several organizations representing the media sector.

During the program, several important topics were discussed including matters to be focused on while reporting on prisoners, problems existing in Sri Lanka’s prison environment, prisoners’ rights, and the challenges facing Sri Lanka’s prison system. Overall, it was a constructive conversation that highlighted the need for continued attention and action in this area.

AAL. Prabodha Ratnayake, the Operations Director of the Media and Law Forum, participated as the main resource person in this workshop.

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Rights-based organizations such as the Teachers’ Union, Land and Agriculture Reform Movement, Law and Society Trust, Right to Life Human Rights Institute, Standup Movement Lanka Institute, and Hashtag Generation and civil society activists came together to further advance the discourse on the rights of prisoners in Sri Lanka. The program was held on 31.01.2024.

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The legal framework in force regarding the rights of prisoners in the country, incidents of violation of the rights of inmates in the prison system, Identifying available legal procedures and remedies in such incidents, as well as building effective partnerships to uphold prisoner rights were discussed in detail during the training. AAL, Lakshan Dias and AAL. Prabodha Ratnayake contributed as a resource person for this workshop.

සිරකරුවා සහ නීතිය පිළිබඳව පුහුණු වැඩමුළුවක්

සිරකරු අයිතිවාසිකම් සුරැකීමේ කමිටුව විසින් සංවිධානය කරන ලද නීතිඥවරුන් සඳහා වූ පුහුණු වැඩමුළුවක් පසුගිය ජනවාරි 17 දා සවස 2.00 සිට 5.00 දක්වා කොළඹ නිපෝන් හෝටල් පරිශ්‍රයේදී පැවැත්වුණි. සිරකරුවන් මුහුණ දෙන ගැටලුවලදී ඔවුන්ට ලැබිය යුතු නීති ආධාර මෙන්ම නීති නියෝජනය ලබාදීම සහතික කිරීම සහ නීති ආධාර සඳහා ප්‍රවේශ්‍යතාව වැඩි දියුණු කිරීම වෙනුවෙන් නීතිඥයින් දැනුවත් කිරීම මෙම වැඩමුළුවේ මූලික අරමුණ විය.

මෙරට සිරකරුවන්ගේ අයිතිවාසිකම් සම්බන්ධයෙන් බලපවත්වන නීතිමය රාමුව, බන්ධනාගාර පද්ධතිය තුළ රැඳවියන්ගේ අයිතිවාසිකම් උල්ලංඝනය කිරීමේ සිදුවීම්, එවැනි සිදුවීම් වලදී පවතින නීතිමය ක්‍රියාමාර්ග සහ පිළියම් හඳුනා ගැනීම මෙන්ම සිරකරු අයිතිවාසිකම් තහවුරු කිරීම සඳහා ඵලදායී හවුල්කාරිත්වයන් ගොඩනැගීම යන කරුණු මෙම පුහුණුව තුළ විස්තරාත්මකව සාකච්ඡා කෙරුණි.

නීතිඥ ලක්ෂාන් ඩයස් සහ නීතිඥ ප්‍රබෝධ රත්නායක මෙම වැඩමුළුව සඳහා සම්පත් දායකයින් ලෙස දායක විය.

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මෙම රැස්වීමට ශ්‍රී ලංකා මැතිවරණ කොමිසමේ නිලධාරීන්, එක්සත් ජාතීන්ගේ ශ්‍රී ලංකා නියෝජිතවරියක්, බන්ධනාගාර රැදවියන් සම්බන්ධ අනුකමිටුවේ නියෝජිතවරියක්, පුනුරුත්ථාපන ජෙනරාල් කාර්යාලයේ නිලධාරීන්, අන්තරායකර ඖෂධ පාලක ජාතික සභාවේ නිලධාරීන්, දේශපාලන නියෝජිතයන්, නීතීඥවරුන්, සමාජ ක්‍රියාකාරීන් හා මාධ්‍යවේදීන් ඇතුළු පිරිසක් සහභාගී වූහ.

මෙම රැස්වීමේදී මතුවූ ගැටළු, අදහස් හා යෝජනා පදනම් කරගෙන සවිස්තර උපදේශන වාර්තාවක් සකස් කිරීමට සිරකරු අයිතිවාසිකම් සුරැකීමේ කමිටුව කටයුතු කරමින් සිටී. ඒ සඳහා නීතිපති දෙපාර්තමේන්තුව, ශ්‍රී ලංකා පොලීසිය හා බන්ධනාගාර දෙපාර්තමේන්තුවේ යෝජනාවන් ද ලබාගැනීමට බලාපොරොත්තු වේ.

On September 22, 2023, the Committee for the Protecting Rights of Prisoners (CPRP) hosted its second advocacy meeting at the Centre for Society and Religion.

The primary objective of this gathering was to safeguard the rights of prisoners, a crucial endeavor in fostering a just society.
Diverse stakeholders converged at this event, showcasing the collective commitment to this vital cause. Attendees included distinguished officials from the Sri Lanka Election Commission, a representative of Sri Lanka to the United Nations, and a dedicated representative of the sub-committee on prison inmates. In addition, representatives from the Rehabilitation Commissioner General’s Office, the National Dangerous Drugs Control Board, as well as political figures, legal experts, social activists, and journalists lent their voices to the discourse.

The CPRP’s dedication to this cause is evident in its current efforts to compile an all-encompassing advocacy report. This report will be an incorporation of the invaluable insights, ideas, and suggestions that were put forth during this meeting. To further enhance the comprehensiveness of the report, we tend to gather input from key governmental bodies, including the Attorney General’s Department, the Sri Lanka Police, and the Prisons Department.

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The post The Committee for Protecting the Rights Prisoners (CPRP) held the 1st consultation meeting of the series of consultation meetings at Centre for Society and Religion on September 7, 2023 appeared first on cprp.

The CPRP have been representing the family of the dead Kadurugasara Open Camp prisoner, H. Lalith Chaminda, who allege that the prisoner had been beaten to death, with further claims that point to predetermined murder. Lalith, a resident of Kananke Kandawatte, Matara was sentenced to 3 years of imprisonment with rigorous imprisonment in March of last year, for embezzling a sum of Rs.10,000.

The daughter of the deceased prisoner, Dilani Mangalika had revealed to the CPRP that she had visited the Camp on the 2^nd of December, during which her father had spoken of the strenuousness of the work at the camp. After the visit, she alleged that certain Prison officials had allowed her father to call to her, in exchange for money. On 9th of January, she alleged that one of the persons facilitating their calls had called her and had spoken to her inappropriately. When she had revealed this information to her father, he had been very upset. 

On the 10^th of January, she had received a call by an unknown number, in which her father nimbly stated, “You will not be able to see me again, daughter.” Three days later, on the 13^th of January, the family of Lalith’s was informed that he had fled the camp. The Kananke police then on the 14th confirmed that he was dead, with his body at the hospital.

Upon his death the prison officials alleged that he had been assaulted by the villagers living near the camp, once he had escaped. The officials had also unofficially stated that Lalith may have passed due to a heart attack. When Lalith’s body was bought to the hospital, his daughter Dilani had stated that he had been visibly beaten black and blue.

The CPRP have been representing the aggrieved party during each hearing of the case that has been held at the Embilipitiya Magistrate’s Court and are dedicated to bring justice to the deceased prisoner and aggrieved family.

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On the 15th of February the CPRP joined the protest and signature campaign to repeal the Prevention of Terrorism Act No. 48 of 1979, led by Tamil National Alliance (TNA) Parliamentarian M. A. Sumanthiran. The campaign was launched on the very same day, before the Fort Railway Station. From then onwards, the campaign was held in Jaffna, Hatton, Ampara, Negombo, Trincomalee, Gampaha, Mannar, Batticaloa, Vavuniya, Mullaithivu, Kandy, Matale and Nuwara Eliya.

Initially introduced as a temporary provisions act in 1979, the law has remained within use for the past 43 years. Over this period of time, there has been no redress to the disadvantageous effects the Act has presented to many Sri Lankans. The recent PTA Amendment Bill which was presented to the Parliament may not substantially change the law and has spurred conversation among lawyers, parliamentarians, rights activists and civil society on the need to wholly repeal the Act and introduce laws that are compatible with international law.

Among those present at the signatory campaign was Illankai Thamil-Arasu Kachchi Member of Parliament Shanakiyan Rajaputhiran Rasamanickam.

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The Committee for Protecting Rights of Prisoners with the kind attendance of the family members of those arrested under the draconian Prevention of Terrorism Act No. 48 of  1979 (PTA), held a protest before the United Nations Office in Thummulla yesterday (3) demanding the repeal of Act. The Act, which was introduced in the late 70’s to suppress the numerous armed struggle groups of Tamil youth materializing across the North and East; stands as a draconian law that is incompatible with the socio-political climate of today’s Sri Lanka.

Over the years each successive UN High Commissioner for Human Rights, UN Special Procedures, UN treaty bodies, including various other local Human Rights grassroots groups and international bodies have decried the draconian nature of the PTA, which legitimizes arbitrary detentions with regard to unspecified reasons of alleged suspicions of committing offences thereunder – for up to 18 months, before State officials are required to produce the arrested before a court.

As the government gazetted a bill to amend the Prevention of Terrorism Act No. 48 of 1979 (PTA) on the 27^th January this year, the only apparent change that was introduced to the Act was the reduction of the maximum time-span of detention before being required to be presented before a court, from 18 months to 12 months.

The CPRP had filed a Petition with regards to the bill that was gazetted, which blatantly fails provide any redress and only serves as a desperate attempt made by the Sri Lankan Government to appease various international bodies ahead of the 49^th session of talks in Geneva, and in turn salvage its rapport with the EU, during desperate times.  

It remains by and large that forced, coerced and torturous attempts known to be legitimized by the PTA will continue to incentivized with impunity under Section 16 of the Act, as it remains without redress – including Sections 6 through 9 of the PTA, which incentivizes arbitrary arrests, with the minimized role of the Magistrate. The aforementioned sections further allow 72 hours of arrest before a detainee may be produced before a magistrate, with the Attorney General alone having the authorization to allow bail for pretrial detainees.

The crowd was joined by Parliamentarian M.A. Sumanthiran.

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On 2 June, President Gotabaya Rajapaksa by way of an Extraordinary Gazette notification (number 2178/18) established this Task Force and appointed 13 Members to it. The Task Force is Chaired by the Secretary to the Ministry of Defence. Other Members include the Commanders of the Army, Navy and Air Force and the Directors of each of their Intelligence Units, the Acting Inspector General of Police, the Deputy Inspector General of Police (DIG) of the Police Special Task Force, a DIG, the Director General of Customs, the Chief of the National Intelligence Service and the Director of the State Intelligence Service.

The Task Force has been tasked with i) taking necessary immediate steps to curb the illegal activities of social groups which are violating the law, which in turn are emerging as harmful to the free and peaceful existence of society at present in some places of the country, ii) taking necessary measures for prevention from the drug menace, prevent the entry of drugs from abroad through ports and airports and to fully eradicate drug trafficking and to prevent other social illnesses caused by drug abuse, iii) taking necessary measures to take legal action against persons responsible for illegal and antisocial activities being conducted in Sri Lanka while being located in other countries, and iv) to investigate and prevent any illegal and antisocial activities in and around prisons.

The President has authorized the Task Force to i) investigate and issue directions as may be necessary in connection with the functions entrusted to it, ii) issue instructions or request that all Government officers and other persons requesting assistance in the provision of services, comply with such instructions, and to iii) report to the President, all cases of delay or default on the part of any public officer or officer of any Ministry, Government Department, State Corporation or other similar institution in the discharge of the duties and responsibilities assigned to such public officer or institution.

In the complaint, the basis for the human rights violation has been cited as race {Article 12(2)}, language {Article 12(2)}, religion {Article 12(2) and Article 10}, sex {Article 12(2)}, personal, administrative, political opinion {Article 12(2)}, freedom from torture and cruel, inhuman, degrading treatment or punishment (Article 11), right to equality and equal protection of the law {Article 12(1)}, freedom from arbitrary arrest, detention and punishment (Article 13), the presumption of innocence {Article 13(5)}, the freedom of speech and expression including publication {Article 14(1)(a)}, the freedom of peaceful assembly {Article 14(1)(b)}, the freedom of association {Article 14(1)(c)}, the freedom to form and join a trade union {Article 14(1)(d)}, the freedom to manifest one’s religion or belief in worship, observance, practice and teaching {Article 14(1)(e)}, the freedom to enjoy and promote one’s own culture and to use one’s own language {Article 14(1)(f)}, the freedom to engage in any lawful occupation, profession, trade, business or enterprise {Article 14(1)(g)}, the freedom of movement and choosing one’s residence within Sri Lanka {Article 14(1)(h)}, and the freedom to return to Sri Lanka {Article 14(1)(i)}.

The reliefs sought have been recommendations to be issued to the Government, the President and the Secretary to the President to withdraw the said Gazette Extraordinary, and for the Government, the President, the Secretary to the President and the Task Force, to stay all actions being taken by the Task Force in breach of Fundamental Rights.

The complainant claims that the President has acted ultra vires inter alia the Constitution and specifically Article 33 (duties, powers and functions of the President) as amended by the 19^th Amendment to the Constitution and therefore that the appointment of the Task Force is ab initio, null and void. 

Further, the Task Force establishes a system/scheme of administration parallel to the public service established under the Constitution, and this administrative system/scheme is not answerable, responsible and subject to the Cabinet of Ministers and/or the Parliament, and therefore this power scheme is unconstitutional. 

The mandate of the Task Force is ultra vires inter alia the Constitution, the Establishments Code, the Police Ordinance and the Criminal Procedure Code and the powers of State institutions established to discharge the duties and functions relating to these Statutes. 

The Task Force subjects Secretaries to the Ministries, other administrative officers and all State officers under them, answerable to the Task Force and is empowered to issue orders to Government officers to perform duties, without any approval or supervision from the relevant Ministers, and therefore this scheme of power arrangement is unconstitutional. 

State bureaucracy is placed in a superior position to the military under the Constitution whereas the said Presidential Directive places the Tri-Forces above State bureaucracy, which is unconstitutional. Secretaries to the Ministries are made answerable and subordinate to the Defence Secretary cum Task Force Chairman, therefore this scheme of power is unconstitutional. 

The Presidential Directive does not specify as to how State revenue is allocated by the State budget to the Task Force and therefore any allocation of State funds for the operation of the Task Force without the approval of the Parliament is illegal and unconstitutional. 

The actions of the Task Force are made immune from judicial review by the said Presidential Directive, which is unconstitutional. 

The powers of the Task Force are vague, bad in law, and the scope of the powers are overbroad, given that the words like “disciplined” and “virtuous” and phrases like “anti social activities” mentioned in the Clauses of the said Directive are legally undefined, which violates the principles of the rule of law’.

The appointment of the Task Force should therefore have been, the complainant argues, approved by the Parliament by way of a Constitutional Amendment and then approved by the people at a referendum as the Presidential Directive establishing it violates the peoples’ sovereignty guaranteed under Article 4.

The complainant petitioner is Ruwan Laknath Jayakody. The complaint was drafted by Attorney Sanjaya Wilson Jayasekera. The complaint reference number is HRC/1106/20.

Meanwhile, Chairman of the Committee for Protecting the Rights of Prisoners, Attorney Senaka Perera also filed a complaint with the Commission stating that the Task Force was illegal, contrary to the provisions of the Constitution, noting specifically that it does not fall within Article 33. This complaint also notes that the composition of the Task Force is repugnant to the Government’s functions in respect of civilian matters. Also, the appointment of the Task Force encroaches upon the powers and duties of civil servants and public officers, the complainant added.

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Secretary to the Bar Association of Sri Lanka, Kaushalya Navaratne, who is a member of the Presidential committee which on 26 March made recommendations on providing legal redress for prisoners who have been charged with or have committed minor offences and those prisoners who unable to meet the bail conditions imposed on them, said that approximately 1,400-1,500 prisoners (approximately 1,463) were thus eligible for release and that as an immediate step, the private and unofficial bar would be filing the necessary applications in this regard within the course of a week.

The said circular comes as a response to the need to take preventive action and protective measures against the Novel Corona Virus Disease 2019 (COVID-19) pandemic, in particular to safeguard the local prison inmate population within congested prisons from the spread of COVID-19 by easing the congestion.

The said guidelines are applicable to High Court Judges, Magistrates and Additional Magistrates.

Section 3(1) of the Release of Remand Prisoners Act, No. 8 of 1991 states that if a person to whom this Act applies has been granted bail but continues to remain in remand custody even after the expiry of one month from the date of the order of remand due to the inability to furnish bail, the relevant Prison Superintendent should produce the said person before Court and the latter should release the person upon execution of the bond without sureties by way of the person’s appearance in Court.

The circular specifies that Magistrates and High Court Judges may exercise discretion and release such persons upon entering into a bond without sureties and order that bail however be furnished within a specific time period, preferably on or before 15 June 2020.

Meanwhile, the Committee for Protecting the Rights of Prisoners (CPRP) recommended both immediate and short to medium term measures concerning detainees at Police stations, remand prisoners, convicted prisoners and those at the Immigration Detention Centre (IDC) in Mirihana.

The CPRP recommended that persons be detained at Police stations only if absolutely necessary and to release as much as possible those detained in such a manner on Police bail.

In the case of remand prisoners, the CPRP recommended that the judiciary grant bail to those who have been remanded for bailable, minor or non-violent offences, and those who have not had adequate legal representation, and to release on bail those who have been unable to seek bail or plead guilty and pay a fine due to case postponement.

With regard to convicts, the CPRP requested that those who are unable to pay the fine be pardoned, for those who have been sentenced to less than six months and those who have less than six months remaining of their sentence left to serve to be given early, unconditional release, and to release prisoners eligible for home leave and license.

Concerning those at the IDC, the CPRP urged to release the refugees and asylum seekers whose applications and appeals are pending at the United Nations High Commissioner for Refugees along with those whose migration applications are pending before the Canadian High Commission, and those who have been detained for prolonged periods. The CPRP also requested that the cases of persons held at detention centres for youth offender, and detainee women and their children at Methsevana in Gangodawila be reviewed and they be released in consultation with the National Child Protection Authority and the Department of Probation and Child Services.

Of the short to medium term measures, the CPRP has requested the judiciary to take into consideration the nature and seriousness of the offences and review and release on bail those prisoners who have been remanded for many years sans indictment, those whose trials have been proceeding for many years and those with pending appeals. In this connection, the CPRP has recommended the release of women with children under the age of five living in prisons with them, release under community-based correction orders those with sentences of less than two years and for the AG to expedite decisions on sanctioning bail for detainees held under the Prevention of Terrorism Act.

Elsewhere, in connection with the stoppage of visits to prisons by prisoners’ families and others, the CPRP proposed that prisoners be provided with supervised phone calls and for the Department of Prisons to provide prisoners with personal hygiene-related products (soap, toothpaste and sanitary napkins).

‘The Department should also formulate a protocol in consultation with the Ministry of Health to monitor and identify infections in prisons along with measures to quarantine and provide medical treatment to those with symptoms along with the provision of the necessary personal protective equipment to those working in prison medical centres and hospitals,’ the CPRP noted.

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