• Proposes monitoring custodial/encounter deaths, patients’ mental health/liberty

The Human Rights Commission of Sri Lanka (HRCSL), which has made several recommendations to the related institutions with regard to custodial deaths, the right to health and personal liberty of patients, and the protection of human rights defenders, stated that it would continuously follow up on whether the relevant recommendations are implemented.

Issuing a statement in this regard, the HRCSL stated that it has – based on complaints received and inquiries held by it – observed a total of 24 cases of custodial deaths and 13 cases of encounter deaths involving the Police that occurred during the period between January 2020 and August of this year, including six custodial deaths and two encounter deaths that took place during the first six months of 2023. 

“The HRCSL was of the view that general guidelines and recommendations need to be issued to the Police to prevent custodial and encounter deaths and to safeguard the inherent right to life of all persons. Accordingly, the general guidelines and recommendations to the Police on preventing custodial and encounter deaths were issued yesterday (11).”

The HRCSL has also carried out an investigation into the death of a patient at the National Institute of Mental Health (NIMH) that was suspected to have been caused by the support staff’s attempts to restrain him. In addition to the court proceedings that are currently ongoing, the HRCSL stated that it conducted an investigation into this incident. 

“The HRCSL-appointed team conducted the investigation prioritising the right to health and personal liberty of patients. The team reviewed the existing literature and documents and conducted site visits.”

The interim report prepared by the said team, which addresses several key institutions such as the Ministry of Health, the NIMH, the Police, and the Prisons Department, was also launched yesterday.

The HRCSL noted that human rights defenders face significant challenges and often complain to the HRCSL with regard to their arrest, detention, and prosecution for legitimate activities in promoting and protecting human rights. “They complain that they face violence, threats, retaliation, intimidation, de facto or de jure adverse discrimination, harassment, and other arbitrary action, and that they are frequently stigmatised in the media.”

Having noted that there is an urgent need to set out certain general guidelines and recommendations with regard to the matter, the HRCSL yesterday launched the general guidelines and recommendations on the protection of human rights defenders.

Meanwhile, speaking to The Daily Morning yesterday, HRCSL member, attorney Nimal Punchihewa said that the Commission would continuously follow up with the relevant institutions to ascertain if the recommendations made by them are implemented. “We as the HRCSL have no authority to implement action against anyone. We can only make recommendations, and we do it. We also ensure that they are implemented by the relevant authorities.”