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Prisoner rights group to challenge AG’s ruling on 2020 Mahara prison shooting
View(s):By Minaza Hassan
The Committee for Protecting Rights of Prisoners (CPRP) is planning to challenge the Attorney General’s controversial decision to close the case filed over the deaths of 11 inmates at the Mahara Prison in November 2020.
The inmates were shot dead by prison guards following violent protests that broke out at the prison following an outbreak of COVID-19. The Welisara Magistrate’s Court subsequently ruled that the deaths were a “crime” and ordered the arrest of the prison officers involved.
CPRP President and Attorney-at-Law Senaka Perera said that his organisation plans to file a case in the Court of Appeal against the decision by the AG.
Mr. Perera noted that the AG had decided to close the case on the grounds that prison officers had acted within the scope of Section 77 of the Prisons Ordinance during the incident. The section notes that prison officers may use force in certain circumstances where it may be necessary to maintain order and prevent escape or violence within the prison. However, such force should be proportionate and only used when absolutely necessary.
Furthermore, the concept of private defence, where there can be legal justification for individuals to use reasonable force to protect themselves or others from imminent harm can also be applied as per the Prison Ordinance.
“The Attorney General says the defence of Section 77 of the Prisons Ordinance can be applied. However, the circumstances in this incident were very different,” claimed Mr. Perera.
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