• Five times the capacity is detained in some prisons.
• “A system should be formulated to solve cases quickly,” says Professor Prathibha Mahanamahewa.
• “A proper scientific rehabilitation methodology is needed,” says Sudesh Nandimal Silva.
By Rahul Samantha Hettiarachchi
There has been a dialogue about prison reforms in Sri Lanka, but it has not gained much popularity because the general public tends to assume that all individuals held in prisons are wrongdoers. If the idea that “Prisoners are also human” is to become a reality, the situation where they endure a life more miserable than the punishment itself must change. The primary reason for this issue is the severe overcrowding within the prison system.
This article, compiled from official information obtained from the Department of Prisons under the right to information, examines the status of prisons in Sri Lanka, how congestion has built up, its main causes, its consequences, and the government’s efforts to address the crisis.
When a quantitative assessment was made of prison congestion in Sri Lanka, it was revealed that the total capacity of all secured prisons, remand prisons, labour camps, and open prison camps stands at 10,395. However, by 1st April 2024, there were 32,154 detainees in those prisons, according to official information from the Department of Prisons. This figure exceeds the available capacity by more than three times.
Among the inmates, there are individuals serving sentences handed down by the courts for crimes committed, as well as those arrested and detained on suspicion regarding certain offences. Of the entire prison population, 20,286 are detained on suspicion, while only 11,268 are serving sentences for proven crimes.
Keeping such a large number of people in prisons has alarming consequences. Incidents reported from prisons indicate that overcrowding particularly leads to violence, conflicts, and heightened stress among prisoners. This situation obstructs the government’s rehabilitation efforts and makes it difficult to provide the skills and support needed for prisoners to reintegrate successfully into society.
Although the entire prison system exceeds capacity by three times, some prisons are accommodating up to five times their intended capacity. This issue is especially evident in 12 remand prisons in Sri Lanka, as well as in Welikada, Mahara, Bogambara, and Angunakolapelessa secured prisons, where the number of detainees is four times the capacity.
Overcrowding not only causes mental stress among prisoners but also contributes to various health issues resulting from unsanitary conditions. Therefore, it is essential for the government to prioritise prison reforms to resolve the problem of excessive congestion. These reforms should include increasing prison capacity, implementing productive rehabilitation programmes, and introducing alternative punishment methods.
The Challenges Behind the Crisis
Approximately 60% of prisoners are in remand custody awaiting hearings. Many are imprisoned for minor and non-violent offences. In recent months, during the “Yukthiya Operation,” a significant number of individuals were detained on suspicion under various accusations. Furthermore, delays in court proceedings and the slow process of serving judgments compel many to remain in prisons as unpunished detainees.
Neglect by the Government
Prison overcrowding in Sri Lanka is not a recent issue. It has worsened gradually over several decades, and factors such as the failure of successive governments to address the root causes, the lack of necessary legal reforms, and the disregard for recommendations from human rights organisations have contributed to the situation.
The uncleanliness and uninhabitability of prisons are frequently discussed. Overcrowding forces prisoners to sleep tightly packed on the floor in poorly ventilated cells. A lack of clean water, food, and medical treatment contributes to the rapid spread of infectious diseases.
An inmate who wished to remain anonymous described her experience as follows: “Over sixty of us were in a cell designed for twenty. We slept on the floor like sardines in a tin. More than anything, the heat was unbearable during the hot season. The food was so bad that most of us suffered from stomach problems.”
Violation of Human Rights and Abuse
Sri Lanka’s prison system has long been criticised for human rights violations. In 2021, a United Nations rapporteur on torture and harassment expressed concern over the treatment of prisoners, particularly with regard to torture and inhuman punishment.
Prisoners are often physically assaulted by jailers for minor infractions. In some instances, these assaults result in severe injuries or even death. One of the most egregious examples of violence within the prison system was the killing of 27 inmates at Welikada Prison. Numerous international human rights organisations, including Amnesty International, have condemned the Sri Lankan government’s failure to conduct a thorough investigation and hold those responsible accountable.
The overcrowding of prisons is not solely a problem with prison administration; it reflects broader issues within the country’s legal system. The judiciary plays a critical role in determining who is imprisoned and for how long. Legal reforms, reducing pre-trial detention, and exploring alternative punishments could help alleviate pressure on the prison system.
A Multi-Faceted Solution Needed
A multi-faceted approach was needed to address the crisis in Sri Lanka’s prisons. The government had to invest in enhancing prison capacity and improving the current standard of facilities. It was also essential to reform the legal system to reduce the number of people imprisoned. Furthermore, rehabilitation programmes required strengthening, with necessary skills and assistance provided to prisoners upon their release to society. By addressing these issues, Sri Lanka could create a more humane and productive prison system, safeguarding the rights of prisoners and promoting public security.
Professor Prathibha Mahanamahewa proposed several important observations and recommendations related to these concerns. “Inside prisons, some enjoy luxuries while others endure endless misery. That is the reality of prisons. However, to minimise congestion, cases should be resolved within six months. Legal reforms should be introduced to achieve this. Additionally, prisoners and convicts must be categorised, as even graduates are among them. The new government could establish a methodology under the Ministry of Justice to identify talented youth among them and involve them in development.
“Similarly, there are female prisoners who have committed minor offences, particularly due to family problems. The new government could introduce a process involving counselling before their release. The best example is China, where prisoners are utilised for the country’s economy. In Sri Lanka, too, there are prisoners skilled in various trades. The country could benefit from their work by establishing conditional agreements with their families. Why? Because now, there is no global concept of punishment. A system should be established to utilise their skills even if they have committed an offence and served their sentence.
“During the ‘Yukthiya’ operation, a large number of individuals were taken into custody and imprisoned. Where are the facilities for them? Prisoners do not even have proper places to sleep. Many places are infested with bugs and mosquitoes. If these issues are not addressed, Sri Lanka may face a serious human rights crisis in the future.”
Efforts by the Government and Challenges
In recent years, the Sri Lankan government acknowledged the severity of prison overcrowding and pledged to implement reforms. Several proposals were initiated, including developing new prison infrastructure, introducing alternative punishments for minor offences, and expanding programmes aimed at early release before the completion of sentences.
The government also considered community-based correction and alternative punishments. Through these measures, individuals convicted of minor offences would not need to serve their sentences in overcrowded prisons. Instead, they would fulfil their sentences within their own communities, thereby helping to reduce congestion. However, efforts to obtain official information from the Department of Prisons regarding the progress made so far were unsuccessful.
By improving prison conditions and safeguarding the fundamental rights of prisoners, Sri Lanka could demonstrate respect and commitment to human rights, thereby fostering a more fair and just society.
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