By Sarah Hannan
The Committee for Protecting Rights of Prisoners (CPRP) has sent an urgent appeal to the UN 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, last week, following the aftermath of the Mahara Prison Complex riots that killed 11 inmates and injured 107, as of 2 December.
In the letter of appeal, CPRP Chairman and Attorney-at-Law Seneka Perera has stressed 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.
Perera in the appeal stated that at least four other prisoners were reported to have been killed in Sri Lanka this year due to riots that erupted due to Covid-19 preventing and visitor restrictions, adding that an 82-year-old inmate had died of Covid-19 and more than 1,000 prisoners have been confirmed Covid-19 positive.
Moreover, around 12 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,” Perera noted in the appeal letter.
The CPRP stated that an appeal was submitted to the President of Sri Lanka and other authorities to ensure the protection of prisoners in the context of Covid-19, in which the inability of inmates to practise health guidelines due to massive congestion was pointed out 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 the 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 the media reported that some measures may be taken in the coming days to release prisoners,” Perera stated.
The CPRP urged the UN Special Rapporteurs to inquire into the latest incident and to call on the Government to practise, restrain and abide by national and international laws when responding to any tensions in prisons.
“Eight of those killed were 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 the Welisara Magistrate on 2 December,” Perera revealed.
Statistics for 2020 appended to the letter of appeal
On 2 December, at least 11 prisoners were reported to have been killed and more than 100 injured after tensions arose in the aftermath of detainees in the 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 seven officials in the Mahara Prison were reported to have tested positive for Covid-19. On the morning after the killings, crying relatives who had gathered outside the prison had told the media that some inmates who had been given bail were not released.
On 21 March, two detainees were killed in Anuradhapura Prison after protests broke out related to Covid-19. Prisoners were fearful of Covid-19 infections due to prison overcrowding and were upset by the decision to stop visitors, as family members often bring homemade, nutritious food. On 18 November, a detainee was killed at an overcrowded special quarantine facility for remand prisoners (Bogambara) as he and some others had tried to escape.
These killings came as authorities responded with force to tensions arising out of detainees’ fears of being afflicted by Covid-19 and related concerns, especially with massive overcrowding and congestion. Concerns had included non-separation of Covid-19-confirmed prisoners and other prisoners, restrictions on visitors, and failure to provide alternative communication means with families and lawyers. Lack of nutritious food had become worse due to restrictions on visitors.
An 82-year-old inmate was reported to have died of Covid-19 in November. More than 1,000 prisoners and some prison officials were reported to have tested positive for Covid-19 in November. According to a media report on 29 November, more than 10% of prisoners on whom PCR tests had been conducted had tested positive, while the overall average of those confirming positive to PCR tests was less than 3% in Sri Lanka.
Furthermore, unrelated to Covid-19, at least two prisoners have been reported to have been killed in the Mahara and Monaragala Prisons in May and November this year.
If allegations of attempted escapes and violence by inmates are true, two key questions arise; was excessive force used by armed prison officials against unarmed inmates and what are the conditions in prisons that have led to the behaviour of inmates?
In the letter of appeal, CPRP Chairman and Attorney-at-Law Seneka Perera has stressed 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.
Perera in the appeal stated that at least four other prisoners were reported to have been killed in Sri Lanka this year due to riots that erupted due to Covid-19 preventing and visitor restrictions, adding that an 82-year-old inmate had died of Covid-19 and more than 1,000 prisoners have been confirmed Covid-19 positive.
Moreover, around 12 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,” Perera noted in the appeal letter.
The CPRP stated that an appeal was submitted to the President of Sri Lanka and other authorities to ensure the protection of prisoners in the context of Covid-19, in which the inability of inmates to practise health guidelines due to massive congestion was pointed out 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 the 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 the media reported that some measures may be taken in the coming days to release prisoners,” Perera stated.
The CPRP urged the UN Special Rapporteurs to inquire into the latest incident and to call on the Government to practise, restrain and abide by national and international laws when responding to any tensions in prisons.
“Eight of those killed were 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 the Welisara Magistrate on 2 December,” Perera revealed.
Statistics for 2020 appended to the letter of appeal
On 2 December, at least 11 prisoners were reported to have been killed and more than 100 injured after tensions arose in the aftermath of detainees in the 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 seven officials in the Mahara Prison were reported to have tested positive for Covid-19. On the morning after the killings, crying relatives who had gathered outside the prison had told the media that some inmates who had been given bail were not released.
On 21 March, two detainees were killed in Anuradhapura Prison after protests broke out related to Covid-19. Prisoners were fearful of Covid-19 infections due to prison overcrowding and were upset by the decision to stop visitors, as family members often bring homemade, nutritious food. On 18 November, a detainee was killed at an overcrowded special quarantine facility for remand prisoners (Bogambara) as he and some others had tried to escape.
These killings came as authorities responded with force to tensions arising out of detainees’ fears of being afflicted by Covid-19 and related concerns, especially with massive overcrowding and congestion. Concerns had included non-separation of Covid-19-confirmed prisoners and other prisoners, restrictions on visitors, and failure to provide alternative communication means with families and lawyers. Lack of nutritious food had become worse due to restrictions on visitors.
An 82-year-old inmate was reported to have died of Covid-19 in November. More than 1,000 prisoners and some prison officials were reported to have tested positive for Covid-19 in November. According to a media report on 29 November, more than 10% of prisoners on whom PCR tests had been conducted had tested positive, while the overall average of those confirming positive to PCR tests was less than 3% in Sri Lanka.
Furthermore, unrelated to Covid-19, at least two prisoners have been reported to have been killed in the Mahara and Monaragala Prisons in May and November this year.
If allegations of attempted escapes and violence by inmates are true, two key questions arise; was excessive force used by armed prison officials against unarmed inmates and what are the conditions in prisons that have led to the behaviour of inmates?