In 2018, the Human Rights Commission of Sri Lanka conducted a National Study on Prisons in Sri Lanka. This was based on prisons, inmates and prison officials. In addition, government agencies and independent organizations as well as NGOs also participated. This national study report was conducted by Ms. Ambika Sathgunanathan, then a member of the Human Rights Commission of Sri Lanka.
This article is based on a discussion she had with the “Aithiya” website about her experience on the topic ‘do Sri Lankan prisons follow Mandela’s standards?’
What is the real condition of prisons?
In our national study, we found that prisons in Sri Lanka did not follow Mandela’s standards or even basic human rights standards. The buildings where the prisoners are kept are very old. They are dilapidated, about to collapse, waterlogged buildings. These are full of prisoners.
They also have limited access to water. Water is available only once a day. They have to go down from their prisons to get water for their sanitation. Sanitation is also limited. Many prisoners have to use the same bathroom. They have no doors. So they have no privacy.
The other thing is the food of the prisoners. They have no quality. These prisoners are interested in the fish they given. They said that uncooked fish is provide and when they are eaten, skin rashes appear. The hospitals / dispensaries in these prisons are very small. In the event of a serious illness, they may not be able to provide treatment. Therefore, these prisoners have to be taken to the nearest government hospital. But prisons do not have transport facilities for this.
Recently a large number of buses were taken to prisons. I think that problem will be solved in the future. But there is still a shortage of officials. One of the allegations made by many prisoners is that they are not taken to clinics. Especially for a CT scan or MRI. The dates were received for scans a month ago but they were not taken for the place. Prisons do not have a doctor 24 hours a day. If he suddenly falls ill he has to be taken to the hospital. Then they may even die.
How to solve prison congestion?
This is something we need to discuss. They say more prisons should be built to reduce this congestion. I am against that idea. I think we should work to close all these prisons. It can be done in many ways.
A lot of people are in jail because they can’t pay the fines. So I say people who can’t pay fines should not be imprisoned. Also, people are remanded in connection with fights. I think there is an opinion in the society that people who behave violently should be arrested and remanded. This is why prisons are full.
According to the Community Amendment Act, a person can be punished without imprisonment. That is the way we should act. There are a number of ways to do this. If the number of prisons is reduced in this way, we will be able to follow Mandela’s standards and reduce many costs. Therefore, we need to minimize the number of inmates and close them down.
What are the causes of health problems?
These prisons are overcrowded and do not provide clean air. Collapsed buildings, water leaks, rats, cockroaches, etc. do not improve the health of prisoners. There are a large number of people who have been sentenced to death in the Welikada Chapel ward. It is more darker there. People say that they have been there for years and now their eyesight has deteriorated.
Normally a prisoner does not have the ability to maintain good health. The medical facilities of these are very limited.
Problems with Covid?
They do not have the ability to protect the distance and their health is at great risk. They cannot wash their hands often as water is limited. Not enough masks. So their health is in crisis. Because they do not have priority lists, it is unlikely that they will get a bed when they are full of patients. They are often at the bottom of the list of priorities.
The government has released those imprisoned for minor offenses and many who could not pay fines during the last 7-8 months. It’s a good idea. Also, bail was granted to those who were unable to obtain bail. As a result the number of prisoners in the prisons was reduced from 25,000 to about 18,000. But there is still congestion.
Why is it still congested?
Because those people are still being remanded. Remand imprisonment has become a law. Although bail can be granted in Sri Lanka, bail will not be granted. Bail has become an exception. At present the number of prisoners in prisons has increased to about 19,000.
Factors Affecting Prison Violence?
Violence has become commonplace in them. Prison officials believe that the main reason for this is the use of law, discipline and punishment in violence. Clearly all of that is illegal. They do not conform to our laws and statutes. But they still happen.
In the past, the Human Rights Commission did not investigate prisons. They did not have a complaint system. They had no communication with the outside world. Only Welikada Prison had telephone facilities. Everyone can use the phone for 20 minutes.
Due to this they were only able to lodge a complaint with the Human Rights Officers. Prison officials are not responsible for this either. They have no regrets. As a result, they continue to engage in violence.
What are the suggestions made in the report?
One way to prevent torture is to have more human rights activists visit prisons. When a person is reported to have violated human rights, action should be taken against him. Must act under the Anti-Torture Act.
At the same time, the government and the Department of Prisons must ensure that a non-torture policy is implemented. Torture is illegal, sinful, inhuman and should not be done.
-Shanika-
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