HRCSL issues interim recommendations on Mahara Prison unrest

The Human Rights Commission of Sri Lanka (HRCSL) issued interim recommendations on the violent incidents that occurred at Mahara Prison on November 29 leaving 11 persons including a Prison Guard dead and 117 detainees injured. 

The Commission visited the prison on Thursday, after it commenced the inquiry as it is mandated under S. 14 of the HRCSL Act No. 21 of 1996 after seeing a news alert. The reports were of several deaths of prisoners following prison unrest, serious injuries to prisoners and officers and two officers being held hostage.

Following the news, the Commission received many calls from concerned family members of Mahara inmates. Later, after communication facilities were provided to prisoners, several Remandees also called. On both visits, the Commission experienced many delays in entering the Facility and speaking to officials. 

“While some delays were understandable, some of it was unnecessary – HRCSL must have unfettered access to the authorities and the authorities must immediately inform the HRCSL when such incidents occur since the Commissions is mandated to ensure the welfare of people deprived of their liberty under S. 11(d) of the HCSL Act. During the visits we met with officials, prisoners and grieving family members.” HRCSL said.

The Commission noted that overcrowding is causing general unrest and fueling the fear of the spread of COVID-19. 

As an immediate measure, the HRCSL recommended to expedite release of remandees on bailable offences and hold emergency bail hearings for others. The Commission also urged to  stop remanding those arrested in suspicion of bailable offences and commence the early release programme. The comprehensive recommendations can be accessed here. 

The recommendations were sent to: Commissioner General of Prisons, Chief Justice, Attorney General, Inspector General of Police (IGP), Minister of Prison Reforms and Director General of Health Services.