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Overcrowding in prisons and prison hospitals

Overcrowding in prisons and prison hospitals

25 Feb 2024 | By Sarah Hannan


  • UN Working Group continues to raise concerns 

“Our health declined as soon as we entered prison. Every man becomes sick within a week. Cough, fever, cold, and asthma – all these start to happen. With the overcrowding, respiratory diseases are very common. We also get skin diseases such as boils, wounds, and rashes when we come here, perhaps because all the prisoners are stuck together, sweating. There is not enough space in the prison. I hope they will provide a solution for that. We cannot sleep. When you put 150 prisoners in a ward where you can only put 100, it becomes cramped. Prisoners sleep facing each other; there is barely an inch between individuals. It is difficult to sleep like that. There is more chance of respiratory diseases and illnesses spreading,” says a remandee at the Kegalle Remand Prison.

The above was extracted from a study published by the Human Rights Commission of Sri Lanka (HRCSL) in 2020. Fast forward to 2024 and there seems to be no improvement of facilities for those who fall into the correctional system in Sri Lanka.

Statistics recorded from the Department of Prisons over a 10-year period from 2013-2022 indicate that the percentage of overcrowding has exceeded the recommended capacity every year. For instance, the statistics for 2019 indicated that accommodation was authorised for 11,762 prisoners, while the total population of prisons stood at 24,446, amounting to an overcrowding of 107.8%. From this, overcrowding was at 49.4% among the convicted section and at 185.9% among the unconvicted section.

This also impacts the overcrowding in the prison hospitals, with the latest data from the Prisons Department indicating that while the prison hospitals can ideally accommodate 185 inmates, they presently record 350 inmates receiving medical attention.

Earlier this week, this newspaper’s daily edition, in an article titled ‘Prison congestion: Overcrowding and procedural issues need addressing,’ quoted Director of Prison Health Dr. Hemantha Ranasinghe, who shared that discussions between stakeholders had taken place recently to address any shortcomings in the judicial system and procedures that were causing an increase in inmates being referred to prison hospitals.

Dr. Ranasinghe suggested that a broader discussion amongst stakeholders should lead to a systematic reform of the law enforcement system and judicial procedures to expedite court proceedings for minor offences.

Although several projects had commenced prior to the 2022 economic crisis to improve the prison facilities, there still appears to be a lack of capacity improvement in prisons across the country. The recent operation to eradicate the use and sale of narcotics within the country, better known as ‘Yukthiya,’ has resulted in hundreds of suspects being held in custody daily, adding to the strain of the already-overcrowded prison system.


UN Working Group concerns

The UN Working Group on Arbitrary Detention in January expressed grave concerns over the manner in which the ‘Yukthiya’ operation was being carried out, stating that the current context of severe repression against suspected drug offenders was deeply worrying, and urged Sri Lankan authorities to thoroughly and impartially investigate any allegations of torture, ill-treatment, and denial of due process and fair trial rights.

“Compulsory rehabilitation centres should be closed immediately and replaced by voluntary, evidence-based, rights-based, and community-based social services,” the group said, stressing that rehabilitation must be conducted from a harm reduction perspective, respecting the autonomy and informed consent of drug users, including the right to refuse medication.

In a letter dated 14 February 2023, the group made inquiries from the Government about the criminalisation of drug-related offences, which entail maximum punishment of death or life imprisonment.

Sri Lanka’s Poisons, Opium and Dangerous Drugs Ordinance criminalises drug-related offences including import, export, trafficking, and possession of a number of narcotic substances, with the quantity of drugs being the determinant of the charge and punishment and with death or life imprisonment being the maximum punishments under Section 54A.

Specific references were made to the Poisons, Opium and Dangerous Drugs (Amendment) Act amending the Poisons, Opium and Dangerous Drugs Ordinance, passed in the Parliament on 19 October 2022, as well as the Bureau of Rehabilitation Bill, passed in Parliament on 18 January 2023.

On 9 September 2022, Minister of Justice, Prisons Affairs and Constitutional Reforms Dr. Wijeyadasa Rajapakshe submitted to the Parliament the Poisons, Opium and Dangerous Drugs (Amendment) Act, amending several sections of the ordinance, and on 19 October 2022, Parliament approved the proposed amendment act, which came into effect on 23 November 2022.

Several of the amendments proposed by this new act raise questions about the adopted approach vis-à-vis the treatment of suspected drug offenders, the role and conduct of competent State authorities in the identification of suspects, and investigations into alleged offences, as well as the treatment and rehabilitation of alleged offenders.

In a 2021 thematic study relating to drug policies, the UN Working Group on Arbitrary Detention expressed concerns that “imposing the death penalty for drug-related offences is incompatible with the international standards on the use of the death penalty,” calling for its abolition (A/HRC/47/40).

In addition, the International Narcotics Control Board (INCB) has repeatedly called upon states to give due regard to the principle of proportionality in the elaboration and implementation of criminal justice policy in their efforts to address drug-related matters (INCB, 2007 Report).

HRCSL recommendations not acted upon

The Human Rights Commission of Sri Lanka’s study published in 2020 brought to light the deteriorating conditions of prisons across the country and the mistreatment of prisoners. However, stakeholders are yet to act on the recommendations presented by the HRCSL four years ago.

The HRCSL’s study highlighted the shortcomings in the current correctional system, including the failure to adhere to minimum standards for prisoners’ treatment and conditions. Overcrowding, inadequate facilities, and short-staffed prison administrations contribute to the inhumane treatment of prisoners. The lack of training, human rights training, and modern technology further exacerbates the challenges in humanely administering the correctional system.

The prison system does more harm than good and requires restructuring with legal and policy reform. The study identifies inter-connecting factors that require simultaneous reform, such as reforms in the criminal justice process, the functioning of Magistrate’s Courts, and delays in trials. The provision of legal aid and increased use of non-custodial alternatives are core areas that need strengthening.

The penal system needs to evolve into a correctional and rehabilitative focus, rather than a punitive one. It is crucial to ensure that incarceration allows for successful social and economic integration post-release and a dignified life. HRCSL is hopeful that the report will help ministries and stakeholders in understanding the current state of the system and formulating progressive policies for reform, ensuring all citizens are treated with dignity.

In 2016, the Human Rights Commission submitted its findings to the Committee against Torture at the Fifth Periodic Review of Sri Lanka. The report stated that the detention conditions of the Welikada Closed Prison fell far below international standards and outlined the concerns surrounding access to healthcare and accommodation of prisoners in the largest prison in the country. Complaints lodged by family members of prisoners also indicated that physical violence was ubiquitous, although the extent of it was undetermined.


Capacity building and improving facilities

With many of the apprehended persons with drug addictions being assigned to the Kandakadu Treatment and Rehabilitation Centre following their arrests and considering the periodic unrest amongst those sent for rehabilitation, the Ministry of Justice, Prisons Affairs and Constitutional Reforms has to now consider capacity building and improving the facilities involved in the rehabilitation process. 

Speaking to The Sunday Morning, Justice Minister Dr. Wijeyadasa Rajapakshe said: “With the ongoing ‘Yukthiya’ operation apprehending hundreds of people with drug addictions daily, we will see a surge in inmates being referred for rehabilitation this year. The ministry and other stakeholders are now looking to improve the rehabilitation process to make it one that does not contradict accepted international rules and regulations.” 

In this regard, the ministry will address the staff shortage in the Department of Prisons by recruiting officers who are trained to handle inmates requiring rehabilitation, in addition to amending the necessary regulations to expedite the process in order to reduce the congestion at the remand prisons across the country. 

“I have instructed the Council of the Bureau of Rehabilitation to submit necessary proposals to correct the deficiencies in the rehabilitation process in Sri Lanka and to provide recommendations to amend the existing laws and regulations regarding rehabilitation as necessary. In terms of capacity building, we are looking at increasing the security personnel employed for the security of the Kandakadu Rehabilitation Centre, improving the mental condition of rehabilitation beneficiaries and the administrative work of those centres, and training the officials who are currently employed at the facility,” Rajapakshe explained.


HRCSL 2020 study recommendations

Medical facilities

  • Upgrade the largest prison hospital in each region to a base hospital, containing all necessary facilities for prisoners within the region who have serious ailments and reserve a separate ward in the general hospital closest to a prison as an interim measure for inmates that require in-patient care
  • Assign at least one resident medical officer and a psychiatrist to treat prisoners during out-of-office hours and emergencies
  • Establish a roster for consultants from the nearest general hospital

Training and sensitising medical staff 

  • Provide medical personnel with adequate training to deal with prisoners and sensitise them to work in prisons
  • Inform medical personnel of their duties under the Prisons Ordinance, Departmental Standing Orders of 1956, and the Statutory Rules
  • Send regular reports mentioned in the Prisons Ordinance, Departmental Standing Orders of 1956, and Statutory Rules to the Director General of Health Services at the Ministry of Health by the medical officer
  • Maintain up-to-date records of all inmates seeking treatment as well as counselling at the prison hospital

Transfer to other medical facilities

  • Assign a specific day every month for a specialty clinic that cannot be held at the prison hospital and can only be held at the general hospital to prevent re-scheduling clinic dates
  • Devise efficient means by the Department of Prisons to prevent the delay in transferring inmates to hospitals caused by the shortage of officers by addressing human resource shortages and acquiring additional buses
  • Provide financial resources by the Department of Prisons for at least one ambulance for every prison and provide the services of an ambulance from the closest national medical institution to every prison to transfer prisoners in critical cases in the interim
  • Send the medical files of prisoners being transferred to other prisons without delay, so that prisoners on medication can continue to receive their treatment in the new prison without interruption and the medical officer at the new prison has access to the medical histories of all transferred patients




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