Disclose Transferred Inmates' Whereabouts; HRCSL
The Human Rights Commission of Sri Lanka (HRCSL) has expressed serious concern over allegations of reprisals, torture, ill-treatment and administrative failures involving inmates transferred from Negombo Prison, while directing prison authorities to take urgent corrective measures.The developments emerged following a meeting held on July 14 between the Human Rights Commission and senior officials attached to Welikada Prison, including the Prison Superintendent and Chief Jailer. The discussion focused on the denial of access to HRCSL officers who attempted to visit Welikada Prison on the night of July 7, as well as a number of related concerns surrounding inmates transferred from Negombo Prison.According to the Commission, the denial of access represented a serious violation of the Human Rights Commission of Sri Lanka Act, which grants the Commission authority to enter and inspect places of detention without prior notice. The Commission stressed that the incident undermined its ability to conduct timely inquiries into allegations concerning the welfare of prisoners, including claims of torture and ill-treatment.Welikada Prison officials told the Commission that a tense and potentially volatile situation had existed within the prison at the time of the visit, making it difficult to guarantee the safety of Commission officers. Officials stated that prison staff were dealing with an escalating situation among inmates and had also received information suggesting that some prison officers planned reprisals against inmates transferred from Negombo Prison following recent violence there.While prison authorities expressed regret over shortcomings in communication, the Commission stated that it was not satisfied with the explanations provided and maintained that the failure to properly communicate the situation remained unacceptable.The Commission further revealed that inmates transferred from Negombo Prison had subsequently complained of reprisals, including alleged torture, denial of medical treatment and other forms of ill-treatment. Officers of the Commission reported observing injuries among certain inmates who had allegedly not yet received medical care.Some prisoners reportedly informed Commission officers that they were reluctant to seek medical treatment due to fears of being assaulted when separated from the general prison population.Another issue highlighted by the Commission was the delay in informing families and next-of-kin of the whereabouts of prisoners transferred from Negombo Prison. The Commission warned that the prolonged failure to disclose the location of persons in detention could potentially amount to an offence under the International Convention for the Protection of All Persons from Enforced Disappearance Act No. 5 of 2018.The Commission also revealed that it had received information indicating that some transferred inmates had completed their prison sentences and were due for release but remained in custody. It observed that the continued detention of such inmates could be unlawful.The HRCSL announced that it would continue its investigation into allegations of torture, ill-treatment and deaths in custody connected to the violence at Negombo Prison and subsequent events at other prisons. Prison authorities have been directed to provide their fullest cooperation to the ongoing inquiry.Among the recommendations issued by the Commission are immediate steps to educate prison officers on the HRCSL's statutory powers to enter and inspect detention facilities without prior notice, and strict instructions prohibiting any form of reprisal against inmates transferred from Negombo Prison.The Commission has also called for disciplinary action against any prison officer found responsible for reprisals, urged authorities to report incidents to law enforcement agencies, demanded the immediate disclosure of the whereabouts of transferred inmates to their families, and instructed prison officials to ensure that inmates who have completed their sentences are released without delay.
