CPPR submits an urgent appeal on the situation of prisons in Sri Lanka to UN Special Rapporteurs.

Image: A  leaked photo of killings at the  Maraha prison.

04/12/2020

In a submission to Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Special Rapporteur on extrajudicial, summary or arbitrary executions, Committee e to Protect the Rights of Prisoners (CPPR) has urged” them to inquire into the latest incident and to call on the government to practice restrain and abide by national and international laws when responding to any tensions in prisons.”

Submission sent by Attorney-at-Law Seneka Perera, Chairman of the CPPR fellows:

2nd December 2020

To: Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Special Rapporteur on extrajudicial, summary or arbitrary executions of the UN Human Rights Council

Urgent Appeal on the situation of Prisons in Sri Lanka

We are writing this appeal to you in the aftermath of the killing of 11 prisoners and injuring of more than 100 at a prison in Sri Lanka on 2nd December 2020. Numbers may further increase.

At least 4 other prisoners have been reported to have been killed in Sri Lanka this year. An 82-year-old inmate had died of COVID-19 and more than 1000 prisoners have been confirmed COVID-19 positive.

Around12 suicides have been reported this year in prisons, with most appearing to be suspects who are alleged to have used and/or traded drugs and/or illicit liquor.

It appears that prison authorities are not providing professional support and care for such persons and not putting in place adequate mechanisms to prevent suicides. There are also concerns about the lack of nutritious food, the restricting of visits from family members without adequate alternative communication facilities and the deployment of Special Commandos trained for armed conflict to prisons.

Since March this year, we have appealed to the President and other authorities to ensure the protection of prisoners in the context of COVID-19. We pointed out the inability of inmates to practice health guidelines due to massive congestion and suggested practical steps that could be taken to release prisoners and reduce congestion through existing legal and constitutional provisions. Though there were some prisoners released immediately after our letter, large numbers of new inmates were admitted to prisons afterwards. It appears that prisoner releases and preventing COVID-19 outbreak in prisons had been forgotten until the outbreak of COVID-19 in prisons last month. It was only just before the latest killings, that media reported that some measures may be taken in the coming days to release prisoners.

We urge you to inquire into the latest incident and to call on the government to practice restrain and abide by national and international laws when responding to any tensions in prisons. 8 of those killed are subsequently reported to have tested COVID-19 positive and we are also worried that if their remains are cremated, that may hamper criminal investigations to hold those responsible accountable. We have also brought this to the attention of Welisara Magistrate today (2nd December).

We also stress the importance of addressing causes that lead prisoners to try and escape and protest. In particular, to urgently take measures to ensure rights of prisoners and protect them and prison staff from COVID-19.

We are attaching a more detailed note on the above concerns, including statistics and practical steps that could be taken.

Sincerely yours,
Seneka Perera, Attorney-at-Law
Chairman

cc.
UN High Commissioner for Human Rights
UN Resident Coordinator in Sri Lanka

Prisons in Sri Lanka in 2020: killings, COVID-19 death, infections, suicides etc.

1. Killings, suicides and COVID infections
On 2nd December, at least 11 prisoners are reported to have been killed and more than 100 injured after tensions arose in the aftermath of detainees in Mahara prison (Gampaha district) demanding that COVID-19 positive detainees be separated. The number of those killed and injured may rise. On that day, 176 inmates and 7 officials in the Mahara prison were reported to have tested positive for COVID-19.(i)

Prisons-under-COVID-02Dec20... by Thavam Ratna