Please protect the independence of Mahara prison investigation committee…

Please protect the independence of Mahara prison investigation committee…

Attorney-at-Law Dulan Dasanayake has requested the government to appoint a representative to the committees appointed to look the Mahara prison incident on behalf of the independent commissions and to allow them to act in a manner that protects their independence.

 

He was stated at press conference held at the Janaki Hotel in Colombo, marking 72nd International Human Rights Day. Press conference was organized by the Sri Lanka Collective Against Torture.

 

Speaking further Attorney-at-Law Dulan Dasanayake said,

 

The Minister of Justice, President’s Counsel Ali Sabbari has appointed a five-member committee to investigate the Mahara Prison incident.  An interim report of that committee was presented to Parliament on the 9th.  It stated that the number of inmates currently detained at Mahara Prison is 2782, which is three times the capacity of the prison.  This is a common situation not only in Mahara but also in other prisons.

 

When the Covid epidemic entered the prisons, various civil society organizations in the country requested the government to take steps to reduce prison congestion.  Even before the Covid virus, various civil society organizations had called for the prisons to reduce congestion and protect their health facilities.

 

They also called for the proper rehabilitation of prisons.  But no government has adequately intervened in any of this.

 

The interim report stated that the requests made by the inmates of the Mahara Prison to conduct PCR tests and provide suitable food and beverages.

 

After this incident a new minister was appointed to the prison.  That is Mr. Lohan Ratwatte.  He declared in Parliament very irresponsibly that no prisoner had been shot dead.  He said it was proved by post-mortem examination.  That is a very wrong statement.  At that time no post mortem had been conducted.  The case was being heard before the Welisara Magistrate.

 

Also, the government tried to expedite the cremation of these detainees under the guise of the quarantine process.  Many truths can be suppressed when cremation takes place.  If a person dies after committing a crime, the cremation of the victim’s body is not allowed by a court.

 

Because that truth is suppressed.  We have experienced the recovery of such bodies in connection with certain crimes committed in the recent past.  Then new reports were released and investigations were directed in other directions and the truth was revealed.

 

However, the Welisara Magistrate has given a number of unique decisions while protecting the independence of the judiciary and strengthening confidence in the judiciary.  He has given an opportunity to the Attorney General to comment and has appointed a team of experts to take a decision in this regard.

 

The Attorney General and the report of the five-member interim committee have clearly stated that a prison shooting had taken place.  And that no detainee had a handgun.  Against such a backdrop, the statement made by the Minister of Prisons raises doubts as to the direction in which these investigations are being carried out.

 

Therefore, we urge the government to allow these appointing committees to act in a manner that protects their independence and to appoint members of independent commissions as their representatives.

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