Sri Lanka’s prison system is in a state of severe crisis, grappling with an alarming rate of overcrowding that has pushed facilities to their breaking point.
With a capacity designed for just 12,000 inmates, the nation’s 36 prisons are currently housing a population that far exceeds this number. This has led to staggering overcrowding with the cumulative population of prisons standing at 260% capacity. This dire situation not only compromises the basic human rights of inmates but also cripples rehabilitation efforts and poses immense management challenges for the authorities.
As of 10 June, the total prison population in Sri Lanka stands at 31,150 inmates. This figure comprises 29,820 males and 1,330 females. A significant portion of this population, specifically 21,996 individuals, are remandees or prisoners not convicted (20,868 males and 1,128 females) and awaiting trial. In contrast, 9,154 individuals (8,952 males and 202 females) are convicted prisoners.
In the recent period, 161 convicted prisoners (160 males and one female) were released, while 358 unconvicted prisoners (330 males and 28 females) were released on bail.
Speaking on the issue, Prisons Department Media Spokesperson Jagath Chandana Weerasinghe underscored the gravity of the situation.
“There are 36 prisons. We can only accommodate 12,000 in accordance with the law, but now we have about 31,150 prisoners. The prisons are getting filled beyond capacity, which is becoming a big problem. It has become very hard to manage these prisons,” he said.
Weerasinghe highlighted the stark reality in specific facilities, stating: “For example, in Galle you can only accommodate 260, but there are 1,100 prisoners there. The Mahara Prison can accommodate 670, but there are currently 3,100 persons there. There is a huge amount of overcrowding.”
He further emphasised the disproportionate number of remand prisoners, aligning with the latest statistics: “If you consider the fact that only 9,000 of the prisoners are convicted, the remainder are remandees.” This high percentage of individuals awaiting trial underscores a critical bottleneck in the legal system, prolonging the detention of those presumed innocent.
The drug scourge: A primary driver of congestion
A staggering 65% of the current prison population is incarcerated for drug-related offences, according to Weerasinghe. This overwhelming percentage is a testament to the ongoing struggle against illicit narcotics in the country and presents a unique challenge for the prison system.
The Prisons Department Spokesperson noted the complex nature of drug-related arrests, encompassing suppliers, sellers, buyers, consumers, smugglers, etc. He emphasised a crucial distinction, noting: “Many of these people are arrested for consumption. However, consuming drugs is not only an offence, but it is a health hazard as well. Perhaps these individuals addicted to drugs may find rehabilitation more appropriate than serving a prison sentence.”
The recent ‘Yukthiya’ anti-narcotics operation, while intended to combat drug trafficking, has also contributed to the surge in prison numbers through mass arrests, often targeting users rather than major traffickers. This approach has drawn criticism from human rights organisations concerned about potential violations and the exacerbation of prison overcrowding.
The human cost of overcrowding
The repercussions of such severe overcrowding are profound, impacting the fundamental rights and well-being of every individual within the prison walls.
Inmates are forced to live in severely cramped and unsanitary conditions, often sleeping on the bare ground with inadequate ventilation and limited access to proper sanitation. This leads to a proliferation of health issues, including respiratory illnesses and skin infections, and severely limits access to essential medical care.
These conditions take a heavy toll, both physically and mentally, on inmates and overstretched prison staff. The lack of space also makes it virtually impossible to implement effective rehabilitation programmes, increasing the risk of recidivism upon release.
Weerasinghe highlighted a critical issue: “Prisoners incarcerated for different crimes need to be kept separately to prevent further problems within the prison compound, but we are unable to do that in Sri Lanka because we lack the resources and the space.”
This inability to segregate different categories of offenders creates a breeding ground for further criminality and poses a significant security risk. Allegations of abuse upon entry to prisons, such as the ‘welcome slap’ and derogatory body searches, further compound the human rights concerns within these facilities.
A path forward
Addressing this multifaceted crisis requires a comprehensive and multi-pronged approach.
Weerasinghe stressed the urgency of judicial reform, noting: “The courts need to be a little more alert. If the court process can be expedited, then some portion of these prisoners can be discharged or sentenced accordingly. Or else, if the analysis of forensic evidence can be performed quicker, we may be able to conclude cases faster.
“If these processes can be expedited, then a portion of the remandees in prison cells will no longer be a burden for prison authorities.”
He also articulated a personal vision for a more humane and effective approach to drug-related offenders. “Secondly, a major portion of these prisoners are here for drug-related offences, and perhaps a prison sentence might not be the most ideal for some. Having them with other prisoners also creates other hazards,” he said.
Weerasinghe championed the concept of drug abuse awareness – a public awareness initiative focused on educating schoolchildren and society about the dangers of drug addiction. “We need to make prisons drug-free places in this country. Therefore, we need to ensure that children are not tempted. Perhaps, if such a message is strongly inculcated among school students, they may not take up drugs in future, leading to drug-free prisons,” he added.
The Prisons Department Spokesperson further advocated non-custodial alternatives, particularly for drug users, stating: “These addicted persons may find rehabilitation more appropriate than serving a prison sentence. For some of them, community service might be more suitable as a punishment. This is likely to reduce the burden on prison authorities tremendously. This is my personal opinion.”
He added: “If we are able to treat the consumers of drugs, rather than the drug dealers, and rehabilitate them outside of prison, perhaps by letting them serve their sentences through community service or house arrests, this may enable the prison authorities to perform their duties better. This could also save a lot of money for the country.”
State-led initiatives
While plans are underway to relocate prisons, such as the Welikada Prison to premises with a larger capacity in Millewa, Horana, in addition to constructing new prisons, as well as efforts to facilitate the release of remand prisoners under existing acts, these long-term solutions are not immediate panaceas for the current crisis.
The Department of Prisons also has a five-year action plan (2021-’25) aimed at addressing overcrowding, improving management, upgrading security, and enhancing rehabilitation.
Adding to the systemic challenges is a significant shortage of prison staff. “A prison staff of 7,875 is required. However, we have only 6,225 in total. There is a shortage and we have notified the authorities that we need to pursue further recruitment, but we will not be able to proceed with recruitment given the country’s economic limitations,” Weerasinghe said.
Understaffing further exacerbates the difficulties in managing the overcrowded facilities and providing adequate care and security.
The severe challenge of prison overcrowding has also drawn acknowledgment from the highest levels of the Judiciary. Minister of Justice Harshana Nanayakkara conceded the complexity of the situation, stating: “I cannot really comment on the matter of overcrowded prisons because it is a big issue and we are also in a fix. There is a definite issue of overcrowding and there are no quick fixes.”
Minister Nanayakkara further indicated that while the issue had been identified and was currently under discussion within the ministry, tangible solutions would require time to materialise.
“We have identified the issue and we are discussing how to proceed, but it will take some time before solutions can be provided,” he said. This perspective highlights the Government’s recognition of the crisis, but also signals that a comprehensive and effective strategy to alleviate the burden on Sri Lanka’s prison system is not a priority for the Government.
Further demonstrating efforts to address the root causes of prison congestion, particularly concerning drug offenders, Minister Nanayakkara announced on Thursday (12) that steps were being taken to establish voluntary rehabilitation centres for persons with drug addiction, including dedicated facilities for women. This initiative stems from discussions held on Wednesday (11) at the Ministry of Justice regarding the Bureau of Rehabilitation’s district rehabilitation centre plan.
The plan includes the establishment of four residential centres for voluntary rehabilitation of persons addicted to drugs, with the first centre to be located at the Tertiary and Vocational Literacy Training Centre in Senapura, Welikanda.
The Minister emphasised that these programmes should be designed to protect the identity of individuals undergoing rehabilitation, foster a sense that they are not outcast from society, and be managed from a health perspective rather than solely by military officials. This move aims to provide a more suitable alternative for drug users, potentially reducing the burden on the correctional system and aligning with broader efforts to shift towards rehabilitation over incarceration for minor and drug-related offences.
The crisis of overcrowding in Sri Lankan prisons is a complex issue demanding immediate and sustained attention.
While the Prisons Department officials like Weerasinghe are vocal about the challenges and propose innovative solutions, the effectiveness of these measures hinges on broader reforms within the criminal justice system, robust investment in infrastructure, and a paradigm shift towards non-custodial and rehabilitative approaches, especially for minor and drug-related offences.
Without these fundamental changes, Sri Lanka’s prisons risk remaining a symbol of despair rather than a place of justice and reform.