The number of inmates who have succumbed to infectious diseases within the prison system continue to increase while law enforcement agencies continue their drag-net tactics, happily announcing their “catch” in numbers each morning. 

The gradual decay of Sri Lanka’s law enforcement and justice mechanism happened over decades, and with each step, there were casualties, many of them suspects and not convicts. However, today, even those convicted are not spared an additional sentence as the recently launched “Operation Yukthiya (Justice)”, brain child of the controversial, newly appointed acting Inspector General of Police (IGP) continues to grind on.

“Yukthiya” the latest in a long line of “operations” which claimed to “irradiate” this crime or the other, has caused the inmate population of Sri Lanka to soar, and with-it, magnified the prison crowding issue.  As 2024 dawned, three inmates who were suspected to be infected with meningitis, succumbed to their illness, after a brief stay in an ICU ward. As of 1 January, nearly 20 inmates who showed similar symptoms were undergoing treatment. At present, the epicentre of the growing health crisis in overcrowded prisons is at Matara Prison. Later, all activities at Galle Prison were also restricted following the death of an inmate due to meningitis.  Yesterday, a senior official in charge of health and welfare of prisoners acknowledged that the overcrowding issue within prison is aiding the spread of infectious diseases. However, the official attempted to shift blame for the rise in infectious disease to the poor volume of drug abusers who are being incarcerated in droves. According to him, it is due to the poor immune systems of drug abuse that infectious disease spreads quickly. While the medical fact of the matter may be relevant, the primary reason is prison overcrowding and the callous lack of regard for suspects’ and convicts' lives and health that law enforcement agencies practise. Many of the narcotics-related suspects who are arrested are those addicted to the abuse of heroin and methamphetamines. Such individuals require treatment and rehabilitation, not incarceration. Sri Lanka recently enacted some progressive judicial reforms aimed at de-crowding prisons, by giving a magistrate powers to direct first time offenders or those who voluntarily seek help, to rehabilitation centres where they can get the help they need to move away from drug abuse. 

Rehabilitation is not a one shot–fix system, depending on the person who entres rehabilitation, a complex process of reform and resilience building is needed. Such efforts often take time, much understanding, effort, and are prone to multiple failure, where replacement is often a possibility. However, Sri Lanka is yet to establish such a well-resourced system, leading to many who undergo rehabilitation returning to the same environment and challenges they faced before, triggering a higher present to relapse. It is a vicious cycle, and one that needs to be broken with understanding, empathy and science. With only a few rehabilitation centres available, and by now crowded, suspects who are arrested languish in prison, waiting for their shot at “rehabilitation”.

Sri Lanka has had a real problem in prison overcrowding for decades. A number of reports, including several by the Human Rights Commission of Sri Lanka (HRCSL) have pointed this out. In 2021, the Prison’s Department itself published a report on the matter, with short-term and long-term options to remedy the crisis. Further, overcrowding, improper standards, and management often leads to violence within prison. Following the disastrous prison unrest incident at Mahara Prison in November 2020, where a number of prisoners were killed, the HRCSL highlighted that “As confirmed by prisoners and prison officials, overcrowding is causing general unrest and fueling the fear of the spread of Covid-19.”  According to the Department, the current prison capacity stands at 13,241 as of 2021, but the actual number of inmates far exceeds this, with approximately 29,000 individuals held earlier this year.

While multiple governments have acknowledged the issue, little has been done to reduce prison congestion. Given this situation, how humane is it to keep packing prisons with those addicted to narcotics? Have we not seen the repercussions? Do we care enough to question the authorities about the tactics they are employing? We should. The spread of infectious diseases which causes death in custody is only a symptom of a greater problem–a problem Sri Lanka should address promptly.