HRCSL raises serious concerns about prison authorities’ conduct

Negombo Prison

• Commission says prison officials unlawfully denied inspectors access to Welikada Prison on 7 July
• Warns failure to disclose transferred inmates’ whereabouts could breach Enforced Disappearance Act
• Finds some prisoners remained in custody despite completing their sentences; orders immediate corrective action

The Human Rights Commission of Sri Lanka (HRCSL) has launched an investigation into allegations of torture, ill-treatment and deaths in custody linked to the recent violence at Negombo Prison, while raising serious concerns over the conduct of prison authorities, including the denial of the Commission’s statutory right to inspect detention facilities.

The Commission said prison officials at Welikada Prison denied its officers access on the night of 7 July despite the Human Rights Commission of Sri Lanka Act, No. 21 of 1996, granting the Commission unrestricted authority to enter and inspect places of detention without prior notice.

The issue was taken up at a meeting on 14 July chaired by HRCSL Chairman Justice L.T.B. Dehideniya with senior officials of Welikada Prison.

Prison officials told the Commission that access was denied because of a volatile security situation inside the prison, claiming tensions had escalated after intelligence was received that groups of prison officers planned to assault inmates transferred from Negombo Prison following the killing of prison officers during the unrest. They also expressed regret over the failure to communicate the situation to the Commission.

However, the HRCSL said the explanation was unsatisfactory.

“The decision-making and behaviour of the officials of the Welikada Prison disrespected the mandate of the Commission,” it said.

“It was not satisfied with the explanation provided by the said officials and that, in any event, the failure to communicate a breakdown in security within the prison premises was unacceptable.”

The Commission said officers who subsequently visited Welikada Prison received complaints from inmates transferred from Negombo Prison alleging reprisals, including torture, denial of essential medical treatment and other forms of ill-treatment.

HRCSL officers also observed that some inmates had visible injuries for which they had not received medical treatment. Several inmates reportedly said they were reluctant to seek medical care because they feared being assaulted after being separated from the general prison population.

The Commission also expressed concern over delays in processing inmate transfers from Negombo Prison, saying the whereabouts of some transferred prisoners had not been disclosed to their next of kin.

It warned that the prolonged failure to disclose the whereabouts of any person in detention could potentially constitute an offence under the International Convention for the Protection of All Persons from Enforced Disappearance Act, No. 5 of 2018.

In addition, the Commission found that some inmates transferred from Negombo Prison remained in custody despite having completed their prison sentences, describing their continued detention as unlawful.

The HRCSL said it would continue investigations into allegations of torture, ill-treatment and deaths in custody arising from the Negombo Prison violence and subsequent events at other prisons.

It directed Welikada Prison authorities to fully cooperate with the investigation and issued a series of recommendations to prison authorities, including an immediate circular reaffirming the Commission’s statutory inspection powers, strict orders prohibiting reprisals against transferred inmates, immediate disclosure of the whereabouts of all transferred prisoners to their families, and the prompt release of inmates who have completed their sentences.