Alarming statistics from the Government have shed light on the weaknesses and failures of the draconian prison system, which Sri Lanka continues to uphold, highlighting the need for a new national policy on justice and corrections. According to data from the Prisons Department last year (2024), 57.2% of convicts in prison in 2023 had been convicted at least once before. This, while the rates from 2020, 2021, and 2022 had remained below 50%. However, 2023 saw an increase with 2,435 convicts, with 5.2% among that year’s number being those who had been convicted 11 times or over.
The glaring number of repeat offenders incarcerated, raises questions around the efficacy of rehabilitation programmes of the Prisons Department. Meanwhile, the extreme overcrowding in the island’s prison system has repeatedly been flagged as a safety/security risk multiplier, and has also made successful rehabilitation efforts more challenging. With a majority of those incarcerated or remanded for crimes linked to narcotic drug offences, the situation begs a rethinking of the strategies employed by the law enforcement, the Judiciary and the Prisons Department on rehabilitation of the thousands of young offenders for the misuse and possession of illicit narcotic substances. The increasing rate of recidivism and the high volume of such offenders adding to the congestion in the prison system will likely continue to make the situation worse, if not addressed quickly.
The issues surrounding prison congestion have been raised many times over the years, but no tangible change to either reduce numbers or expand capacity in a significant manner has taken place. The 36 prisons in Sri Lanka collectively have a capacity to hold 8,000 inmates. However, currently, they house 29,000 inmates in total. According to the Department of Prisons, 65% of these inmates are in prison for narcotics-related offences. “We cannot implement successful rehabilitation programmes in an overcrowded prison,” Commissioner of Prisons (Rehabilitation) J.C. Weerasinghe told The Sunday Morning recently. Weerasinghe suggested that a possible solution for the issue would be to stop viewing narcotics users as offenders and direct them towards treatment instead. This approach had some traction during the previous Government’s tenure, but implementation was slow. The Ministry of Justice and National Integration told The Sunday Morning that introducing persons addicted to drugs to rehabilitation programmes instead of imprisoning them was being looked into at present. Rehabilitation infrastructure is to be expanded for this purpose. “Community-based correction is something the ministry is considering at the moment,” the ministry said, noting that current prison overcrowding had reached 300%. These steps are also to reduce such inmates mingling with convicts of other crimes. Meanwhile, the proposed expansion of the rehabilitation system is to be established at a provincial level, according to the Bureau of Rehabilitation. At present, there are three rehabilitation centres in Kandakadu, Senapura, and Vavuniya, respectively. When individuals are sent to these centres, their parents and families find it difficult to visit them because of the long distance to travel.
A new governing council has been appointed by the Government, which is in the process of developing a new rehabilitation programme. Simultaneously, there is a process to identify suitable locations for these new facilities, the Commissioner General of Rehabilitation stated.
Such measures are commendable, but more must be done. There needs to be a whole-of-government approach to this issue, especially as it involves masses of young Sri Lankans. There is a need for a broad discussion with expertise sought from overseas and relevant UN agencies to craft a national policy and strategy on how corrections/rehabilitation and the criminal justice system work in Sri Lanka. There must also be an agency or community organisation which conducts post-release follow-up programmes in the prison system, as well as a mentor/probation officer system to ensure those rehabilitated persons re-enter the community in a positive manner and do not go astray. Similarly, there is a need for a robust mental/community health system and structures to ensure employment prospects and support offenders who are rehabilitated and reintegrated into society.