Responding to some of the Government's recent proposals to reform the prison system in the country, former Commissioner of the Human Rights Commission of Sri Lanka Ambika Satkunanathan expressed that such “quick fixes” are embedded within a framework of militarisation.
“The Ministry of Defence appears to exercise extra-legal power over the functioning of the Department of Prisons,” she expressed in a tweet.
However, Satkunanathan notes that the militarisation of prisons began during Yahapalana era via a circular issued by the Ministry of Justice which called for the assistance of STF personnel at the Angunakolapalessa Closed Prison, Colombo Remand Prison, New Magazine Remand and Welikada Closed Prison in order to prevent the influx of drugs into these prisons.
She goes on to state that thereafter, the STF was assigned to the Boosa Prison in May 2019 after it was designated a high security prison, to which several persons in prison for drug offences were transferred
“The announcement by the Commissioner General of Prisons (CGP) that Boossa would be made a high security prison was held at the Ministry of Defence, and not at the Ministry of Justice or the Department of Prisons,” Satkunanathan highlighted.
She also questions a meeting held by the President in June last year where the Defence Secretary warned prison officers who assist people who are involved in criminal activities inside prisons.
“Since the Department of Prisons is within the Purview of the Ministry of Justice, what authority did the Defence Secretary have to do so? He also told the prison officials that it is up to you to decide if current CGP Upuldeniya remains in his post until retirement, or if SLAS or a military officer would have to take over command of the Prison Dept. It is up to you to ensure that your train operates without derailment,” she stated.
In terms of the Presidential task force to build a secure country and a disciplined, virtuous and lawful society headed by the Secretary of Defence to inter alia “investigate and prevent any illegal and antisocial activities in and around prisons” the former HRCSL Commissioner states that this task force did not have a Department of Prisons representative during its initial stages.
According to her, entities such as the STF are trained in different techniques which are founded on violent and militaristic ethos. Therefore, using them for raids in prison, as was reported in June 2020, can lead to excessive use of force and unrest.
“Persons in prison are released into custody and care of the department of prisons by courts, which are governed by Prisons Ordinance and subsidiary legislation which aren’t applicable to STF or military. This raises concerns on accountability, including from whom STF or military take orders from while in prison,” Satkunanathan stated.
Accordingly, in the context of broader militarization, she called for donors and the international community to do due diligence when supporting programmes that claim to undertake reforms to ensure that they do not entrench existing dysfunctionalities, inequalities or enable violations.
Govt.’s “quick fixes” for prison system embedded in militarisation framework: former HRCSL Commissioner
01 Oct 2021
Govt.’s “quick fixes” for prison system embedded in militarisation framework: former HRCSL Commissioner
01 Oct 2021
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