Mahara prison killings must be properly investigated and urgent measures taken to protect detainees from COVID-19: ICJ

The International Commission of Jurists (ICJ) today called upon the Sri Lankan authorities to conduct a prompt, thorough and impartial investigation into the events involving the use of lethal force by prison guards at Mahara prison on 29 and 30 November, which left at least nine inmates killed and over hundred others injured.

“The action by the guards was taken in response to unrest resulting from protests by inmates over unsafe and overcrowded conditions in the context of the COVID-19 pandemic,” the global jurist body said in a statement.

The ICJ also called for urgent measures to address the unsafe conditions in Sri Lankan prisons to protect the right to health and life, including where necessary by releasing detainees.

“The tragic events of Mahara prison are a consequence of the failure of the Sri Lankan authorities to effectively address the situation of prison conditions, which has turned into a full blown human rights and public health crisis in the wake of the COVID-19 pandemic”, said Ian Seiderman, ICJ Legal and Policy Director

The unrest was the culmination of a series of protests staged by the prisoners demanding an increase in coronavirus testing and new isolation facilities for infected prisoners. According to Senaka Perera, President of the Committee for Protecting the Rights of the Prisoners, around 200 inmates of the Mahara prison have been infected with COVID-19.

While the Minister of Rehabilitation and Prison Reforms and the Inspector General of Police have instructed the Criminal Investigation Department to probe the unrest caused at the Mahara Prison, the Minister of Justice has formed a separate five-member committee, chaired by former High Court Judge Kusala Saorini Weerawardena, to conduct its own investigation.

The ICJ recalled that under international law, the use of lethal force by State authorities is only permissible where strictly necessary to protect life. This standard should govern any investigation, and those responsible for unlawful conduct resulting in death or injuries to prisoners must be held to account.

“In addition to ensuring accountability and redress for any violations at the Mahara Prison, the authorities must act swiftly to meet the legitimate grievances of detainees throughout the country”, added Ian Seiderman.