The Committee for Protecting the Rights of Prisoners (Guarantee) Limited (CPRP) has made a submission to the visiting United Nations (UN) Subcommittee on the Prevention of Torture (SPT) on alleged systematic torture, institutionalised neglect, and the military control of detention.

They noted that the Prisons Ordinance, No. 16 of 1877 is outdated in that it emphasises punitive measures rather than rehabilitative principles. “The system exhibits clear disparities, prisoners with privileged backgrounds, especially those with political connections, are frequently granted separate cells, superior meals, and enhanced care not provided to other inmates”. They also noted overcrowding and degrading conditions. “Inmates survive on an average of 1.2 square metres of floor space. In certain facilities, inmates are forced to stand all night or sleep in shifts, sometimes lying on paper placed over the scouting pan toilet. Extreme heat and a lack of good ventilation are common issues in all detainment centres and prisons. At night, when cells are locked, prisoners are forced to use plastic buckets and polythene bags to relieve themselves in the presence of others. At Welikada, more than 60 prisoners share a single flushless toilet, often resulting in overflows and foul odours. Many buildings are sinking or in a state of collapse”. They further alleged torture and ill-treatment. “Violence is an entrenched and systemic element of administration. Ragging and initiation rituals in certain detention facilities have become normalised, involving the severe beating of new entrants using guava sticks, sand-filled Polyvinyl Chloride pipes, cricket stumps, and electrified wires commonly referred to as 33,000 volts. Prisoners held in military detention centres are subjected to severe torture, including waterboarding (using petrol or water bags placed over the face to block inhalation and exhalation), being hung upside down, sensory deprivation through the use of coloured light bulbs, and various forms of sexual harassment and abuse. Both female and male detainees have reported undergoing medically harmful body cavity searches conducted by non-medical personnel. Even lawyers visiting detention centres such as Welisara and Boossa have been subjected to degrading and humiliating searches, including the forced removal of clothing”. Additionally, the Committee pointed out violations in disciplinary proceedings. “In the event of any conflict or incident within a prison, inmates are frequently denied a fair opportunity to present their side in disciplinary hearings. When such incidents occur between prison officers and prisoners, the officers themselves draft the charge sheet. The absence of an independent third party in this process results in significant injustice to the prisoners”. Health and medical conditions highlighted by the Committee include infectious diseases such as various skin diseases, the prevalence of tuberculosis, and psychiatric disorders which are also highly prevalent. “There is a severe shortage of medical personnel, with 35 nursing vacancies and only 57 medical officers available to serve nearly 30,000 inmates. Female inmates do not receive sanitary napkins from the prison authorities, forcing them to barter labour or other items for basic hygiene products. There are insufficient mental health programs in prisons. On food, water, and sanitation, the reality often falls short. Challenges include inadequate budgets, limited dietary diversity, poor storage facilities, and unhygienic kitchen conditions, resulting in substandard meals. Prisons face a severe hygiene crisis. The Mahara Prison is found to lack 48 toilets for a population of roughly 2,000 inmates. Due to extreme overcrowding, some prisoners are forced to sleep inside or next to toilets”. On corporal punishments, there are, according to the Committee, ongoing concerns regarding the risk of abuse, excessive punishment, and a lack of transparency. “Inmates face a lack of privacy during visits, often having to shout through wire mesh or glass in noisy environments while guards remain within earshot. Many prisoners are held far from their home districts, making visits economically impossible for poor families”. A critical concern for the Committee is the operation of prisons within military camps, specifically the Welisara Navy Camp and the Boossa Prison and the Mullaitivu Immigration Detention Camp (inside the Air Force). “These detention centres are controlled under the supervision of the Special Task Force (STF), the Air Force and the Navy. Detainees have alleged that they were intentionally hidden from visiting observing parties to conceal signs of torture. STF officers have been accused of the sexual harassment, questioning, following and frightening of female family members and visitors visiting detainees. There are also allegations that killings were planned from within Boossa with security personnel involvement. Attorneys and HR defenders have faced harassment when entering the Boossa and Welisara Prisons by military officers. Prisoners routinely face severe violations of their right to privacy and human dignity. Body cavity searches are conducted by non-medical staff, including military officers in certain facilities, without proper medical supervision or justification. These invasive procedures, along with frequent unwarranted searches of cells and personal belongings, constant surveillance, 24-hour closed-circuit television camera monitoring, and toilets without doors, leave prisoners with no personal privacy”. The Committee recommended that the SPT take action to: Conduct unannounced visits to detention centres; and Advocate for the Government - to repeal the Prevention of Terrorism (Temporary Provisions) Act (PTA), amend the Ordinance in line with the UN Standard Minimum Rules for the Treatment of Prisoners, use the Minnesota Protocol for all custodial deaths, increase HRCSL visits and appoint provincial committees, introduce body cameras to prison and other relevant officers, allow independent parties including local HR organisations to observe the situations of detention centres, impose bail conditions that are realistic to fulfill, and have alternatives to minor offences instead of prison, including for those unable to pay fines.

Earlier, the Citizens of the People's Struggle organization, in a letter submitted to the UN High Commissioner for Human Rights (HR), requested the SPT to: Conduct an urgent and independent assessment of the detention conditions of the former State Intelligence Service Director, Major General (Retired) Suresh Sallay; Investigate allegations of torture, cruel, inhuman or degrading treatment or punishment; Visit and inspect relevant places of detention and custodial facilities; Receive testimony and information from detainees and other relevant persons; and Assess compliance with obligations under the Optional Protocol to the Convention against Torture (CAT), the CAT, and other applicable international HR instruments,” the letter read.

Further, Foreign Affairs Minister Vijitha Herath informed the SPT that the Government is following a zero tolerance policy on torture, adding that to implement the same, constitutional, administrative and institutional steps have been taken and are being continuously progressed.