When violence erupted inside Negombo Prison, it exposed once again the fragile reality behind Sri Lanka’s prison walls – overcrowded facilities, rising tensions among inmates, and a correctional system struggling to maintain control under extraordinary pressure.

But before authorities could fully recover from the Negombo crisis, another prison came under scrutiny.

Mahara Prison, a name already associated with one of Sri Lanka’s deadliest prison disturbances in 2020, was once again at the centre of a major security incident.

The back-to-back incidents have revived uncomfortable questions about whether Sri Lanka’s prisons system has addressed the problems repeatedly identified by commissions, legal experts, and prison reform advocates, or whether each riot is being treated as an isolated event rather than a symptom of deeper institutional failures.

For former President of the Bar Association of Sri Lanka (BASL) U.R. De Silva, who was a member of the committee appointed to investigate the 2020 Mahara Prison riot, the latest developments highlight concerns that were raised years ago but remain unresolved.

According to De Silva, the most serious issue identified during the committee’s work was overcrowding. “When we were appointed and when we went there, we saw what was happening inside the prisons and how inmates were suffering. Overcrowding is the main problem,” he said.

He explained that overcrowding had affected every aspect of prison administration from maintaining security and separating rival groups to ensuring basic welfare facilities and providing rehabilitation opportunities.

Sri Lanka’s prison system, designed for approximately 11,000 inmates, has in recent years been forced to accommodate nearly 40,000 prisoners, creating conditions where even routine management has become increasingly difficult.

The same warning signs

The recent Mahara incident comes years after the 2020 riot, which prompted a committee to examine not only the immediate causes of the violence but also the structural weaknesses within the prison system.

Among the key concerns identified was the large number of remand prisoners who remain behind bars for extended periods while awaiting investigations, trials, or legal procedures.

De Silva said many inmates remained in remand not because they had been convicted of serious offences, but because they could not afford legal representation or access timely bail procedures.

He pointed out that existing legal requirements required magistrates to visit prisons and examine the circumstances of inmates who had remained in remand beyond certain periods.

However, he said this practice had not been consistently followed across the country. “If magistrates had gone inside prisons and reviewed these cases properly, many people could have been released,” he said.

He recalled the approach taken by the Colombo Chief Magistrate at the time, who personally visited prison facilities, spoke with inmates, and identified those who required legal assistance. “When prisoners said they could not afford lawyers, their details were sent to the Legal Aid Commission so that bail applications could be filed,” he said.

According to De Silva, such measures demonstrated how judicial intervention could help reduce unnecessary detention and ease pressure on prisons.

The remand problem

A significant factor contributing to prison overcrowding, according to De Silva, has been delays in narcotics-related cases following amendments introduced in recent years.

He said the amendment relating to heroin offences exceeding 10 grammes had created additional difficulties because suspects often had to remain in custody until the Government Analyst’s report confirmed the pure quantity of heroin.

“In many cases, the Police reports a quantity above 10 grammes, but later the pure quantity may be much lower. Until the Government Analyst’s report comes, the courts cannot properly consider bail,” he explained.

He said the delay in obtaining these reports had resulted in many suspects remaining in remand for months.

Following the change of government, a committee headed by former Supreme Court Justice Kumudini Wickremasinghe was appointed to examine whether changes were needed to the law.

De Silva said the committee, which included representatives from the BASL, Attorney General’s Department, Police Department, and Legal Draftsman’s Department, recommended increasing the threshold from 10 grammes to 100 grammes.

The proposal, he stressed, was not intended to benefit drug offenders but to prevent unnecessary detention caused by procedural delays. “The intention was to reduce overcrowding and ensure that people are not kept in remand unnecessarily,” he said.

However, he said the recommendations submitted in January had not been implemented.

Security recommendations unaddressed

Beyond overcrowding and legal delays, the Mahara committee also examined security arrangements within prisons.

De Silva said recommendations had been made to improve emergency response mechanisms, including the use of appropriate crowd control methods before resorting to firearms. He said Prisons authorities should have access to alternatives such as tear gas and rubber bullets when dealing with disturbances.

The committee also recommended relocating sensitive areas, including armouries and medical stores, outside areas accessible to inmates.

During the 2020 Mahara riot, prisoners had reportedly accessed medical supplies, raising concerns about how such facilities were positioned within prison premises. “We recommended that such places should not be located where prisoners can gain access,” De Silva said.

However, he questioned whether many of these recommendations had been fully implemented.

Authorities say situation under control

Commissioner of Prisons – Operations, Intelligence, and Security and Media Spokesperson A.C. Gajanayake said the situation at Mahara Prison following the recent incident had been brought under control.

“Mahara Prison is functioning as usual. A separate investigation is ongoing, and the damage has not yet been assessed. A commission will be appointed to estimate the damage,” he said.

Asked what steps had been taken to prevent similar incidents in the future, Gajanayake said that predicting such incidents remained difficult but that necessary security measures were already in place.

“It is difficult to predict such incidents. However, all required security measures are being taken as usual in prisons throughout the country,” he said.

‘Small protest escalated’

In the meantime, making a statement in Parliament, Justice Minister Harshana Nanayakkara said the recent unrest at Mahara Prison had began on 1 August as a protest by three inmates on the roof of the prison kitchen building, but had quickly escalated into a major disturbance involving nearly 1,000 prisoners.

According to the Minister, Prisons officials had attempted to negotiate with the inmates for around 15 minutes, but the situation had worsened after inmates from several wards had gathered at the location. As the crowd had become uncontrollable, Prisons officers had withdrawn to the main entrance and secured the prison gate.

The disturbance later developed into a riot, with inmates allegedly throwing stones at the prison entrance and nearby houses. Authorities had responded with tear gas and rubber bullets, while the Police, Special Task Force, and Army had been deployed to support Prisons security.

During the unrest, the Chief Jailer’s Office, Discipline Division, Prison Industries Section, and the main kitchen had been damaged or destroyed in fires. One inmate died and eight others were injured, while no prison officers were reported injured.

Nanayakkara said the Mahara incident differed from the recent Negombo Prison unrest, which was linked to tensions between rival inmate groups allegedly connected to narcotics and organised crime. He said the Mahara disturbance appeared to have been directed against the Prisons administration itself.

The Minister said authorities were investigating whether the incident involved an organised attempt to disrupt prison operations or whether any external influence had been involved, while noting that the rapid escalation of a protest involving only three inmates remained unexplained.

He said investigations were underway to assess the damage caused and identify those responsible, adding that prison services, including food supply, had continued with assistance from other correctional facilities.

A Cabinet-appointed committee chaired by Nanayakkara is also examining wider prison issues, including overcrowding, delays in obtaining Government Analyst’s reports, and strengthening security measures. Prison superintendents across the country have been instructed to remain vigilant amid concerns over possible unrest spreading to other facilities.

The latest incidents at Negombo and Mahara Prisons have once again placed Sri Lanka’s prison system under intense scrutiny.

While investigations will determine the immediate causes behind each disturbance – including whether intelligence failures, inmate rivalries, or administrative shortcomings contributed – legal experts argue that the broader issue lies beyond individual incidents.

For years, overcrowding, delayed trials, remand detention, insufficient rehabilitation facilities, and limited resources have placed increasing pressure on correctional institutions.

The repeated appearance of the same issues after multiple prison crises suggests that the challenge is not simply controlling riots once they occur, but preventing the conditions that allow them to happen.

Community Based Corrections Act

The Community Based Corrections Act No.46 of 1999 was introduced in Sri Lanka as an alternative to imprisonment for selected offenders, with the objective of reducing prison overcrowding while promoting rehabilitation and reintegration into society. 

The law enables courts to impose community-based correctional programmes instead of custodial sentences for eligible offenders, particularly those convicted of less serious offences. Such programmes may include supervision, counselling, vocational training, community service, and rehabilitation, allowing offenders to remain within their communities under specified conditions rather than being incarcerated. 

However, despite its intended role as an alternative sentencing mechanism, rights advocates argue that the act has not been implemented to its full potential. 

Committee for Protecting Rights of Prisoners President Senaka Perera said that the act was being used primarily for minor offences at present, but questioned its practical effectiveness due to weak implementation and the absence of an adequate monitoring system. 

“There is no proper monitoring mechanism in place because the responsible institutions do not have the required staff,” he said. “If the Community Based Corrections Act is used only to sign a piece of paper, then that is not effective.”

Perera noted that, if properly implemented, the act could be expanded beyond minor offences to include suitable cases involving drug-dependent offenders who would benefit more from treatment and rehabilitation than imprisonment. 

He argued that a well-resourced community corrections system, backed by trained officers and consistent supervision, would not only improve offender rehabilitation but also make a meaningful contribution to addressing Sri Lanka’s long-standing prison overcrowding crisis. 

Without adequate monitoring and institutional capacity, he said, the legislation remained an underutilised tool with limited impact on reducing the country’s prison population.