Behind bars, beyond justice?

21 Sep 2021

Behind bars, beyond justice?

21 Sep 2021

Assessing the multitude of concerns over Sri Lanka’s prison system

By Sumudu Chamara Despite the famous slogan “prisoners are human beings”, for a long period Sri Lankans have grown used to viewing prisoners as a damned segment of society, and prisons as deplorable places that deserve no place in society. This view has unfortunately nurtured the idea that the happenings in prisons do not deserve the attention of outside society that is considered to be civilised. However, we seem to have conveniently overlooked the fact that the very civility of a society is defined by, among other things, the way it treats those it considers uncivilised. The country’s opinion about its prisons system and prisoners became a topic of discussion again last week, following news that then-Prison Management and Prisoners’ Rehabilitation State Minister and incumbent Gem and Jewellery Related Industries State Minister Lohan Ratwatte had allegedly entered the Welikada and Anuradhapura Prisons, allegedly under the influence of alcohol. Ratwatte has since resigned from the former portfolio. While his alleged visit to the Welikada Prison was to see the gallows, when he visited the Anuradhapura Prison, he had allegedly threatened several Liberation Tigers of Tamil Eelam (LTTE) suspects with a gun. Even though prison officials had denied any knowledge of the said incidents, Ratwatte resigned from his state ministerial portfolio that involves prison management and prisoners’ rehabilitation, begetting a widespread discourse about prisoners’ protection and politicians’ behaviour. Human rights As more and more information about the said incidents unfolded, legal and rights groups began pointing out that it is not just an act of an intoxicated person, but a matter of human rights and responsible and ethical conduct on the part of public representatives, which calls for a comprehensive investigation. Public policy research and advocacy think tank Centre for Policy Alternatives (CPA) noted that the alleged incidents reflect an alarming trend of flaunting political office for personal gratification, callousness, and disregard for the rights of prisoners and human dignity, the use of arms to threaten individuals, as well as contempt of the rule of law. The CPA underscored the human rights aspect of these incidents and Ratwatte’s history of alleged involvement in human rights violations. The CPA added that the incident occured against a backdrop of prior incidents of violence, “including several prison riots, which led to the deaths of inmates with no known domestic process of accountability”, and that this situation is “compounded by past incidents of violence linked to the State Minister including his alleged involvement in the murder of 10 Muslim youths in Udathalawinne in 2001, where he and several others were indicted for the murders but subsequently acquitted”. “In such a context of impunity, there are genuine fears of evidence tampering and witness intimidation that will undermine an independent process meant to investigate and hold perpetrators accountable, and these speak to the setbacks with justice in multiple emblematic cases and the urgent need for structural reforms,” the CPA stressed. Taking this situation into account, in addition to Ratwatte’s immediate resignation, the CPA urged the authorities to launch a credible investigation into the said incidents, and to take action without fear or favour. However, these human rights-related concerns are not limited to the Sri Lankan context, as there is an ongoing international-level dialogue about the country’s accountability and response concerning human rights violations, especially those faced by minority ethnic groups such as the Tamil and Muslim communities and those arrested and/or detained under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended. Speaking on the ongoing 48th United Nations Human Rights Council (UNHRC) Session, where Sri Lanka’s human rights situation was discussed last week, the CPA noted that the incidents Ratwatte has allegedly caused occurred in a context where the Government has said that they are “committed to achieving tangible progress on the entire range of issues relating to accountability, reconciliation, human rights, peace, and sustainable development”. The inability to take swift and firm action at this juncture with regard to human rights violations, according to the CPA, will send a clear message that the Government has no genuine intention of following through with its own statements, and further reinforce reports by victims and civil society of the repressive climate and impunity in Sri Lanka. The human rights-related concerns which the said incidents entail were raised by the country’s foremost lawyers’ association, the Bar Association of Sri Lanka (BASL). They called the two incidents “acts of gross impunity and a threat to the rule of law”. “Such acts of impunity are ones which should be investigated fully and independently, and if proved, be visited with penal consequences. It is imperative that independent and impartial investigations into these alleged criminal acts are conducted expeditiously,” the BASL said, stressing that the State has a duty to protect prisoners in its custody. Prisoners’ protection Meanwhile, Committee for Protecting the Rights of Prisoners (CPRP) Chairman and Attorney-at-Law Senaka Perera raised grave concerns about prisoners’ protection within the prisons system, as one of the main duties of the prisons system is to ensure the protection of prisoners. He noted that even though the existing laws contain provisions to ensure prisoners’ protection, the non-implementation of such laws has placed prisoners’ protection in an uncertain state. Adding that the Prisons Department cannot deny their responsibility in ensuring prisoners’ protection, Perera said: “The Department operates in accordance with the Prisons Ordinance, and its main mission includes, as shown in the Department’s emblem, ensuring the proper custody, care, and correction of prisoners. This is an institution that claims that prisoners are human beings, and therefore, they have a massive responsibility to care for prisoners, which they have failed to fulfil. Not only the protection, there are a large number of inadequacies in the prisons system that need to be rectified. When a suspect is in prison, they are essentially under the supervision of the court. If a certain individual can enter such a facility and threaten the prisoners, then that is a serious situation.” Speaking of the authorities in charge of the prisons and the Police, Perera criticised the recent statement made by Public Security Minister Rear Admiral (Retd.) Dr. Sarath Weerasekera that investigating the said incidents involving Ratwatte would require an official complaint, and opined that Dr. Weerasekera’s attitude reflects the Department’s attitudes regarding the same. Perera observed that if such is the nature of the attitude regarding the gravity of the said incidents, there is no assurance of the extent to which justice will be served. However, according to Perera, the existing laws do not require a complaint. He mentioned: “As far as the said incidents are concerned, there is no need for an official complaint to commence an investigation as per Section 109 of the Code of Criminal Procedure, and in this case, an investigation can be commenced on the basis of even the media reports about the incidents. It is only in civil cases that a complaint is necessary.” Section 109 (1) of the Code of Criminal Procedure states that every information relating to the commission of an offence may be given orally or in writing to a police officer or inquirer, while Section 109 (5) (a) of the same states that based on information received or otherwise, if an officer in charge of the police station or inquirer has reason to suspect the commission of any offence, he/she shall himself/herself make an investigation or authorise the making of an investigation under the provisions provided in the Code of Criminal Procedure. Exercise/abuse of power by public representatives This incident also calls for more attention to the exercise and abuse of politicians’ powers, and the people’s responsibility to elect politicians who act responsibly to fulfil the interests of the citizens. This was emphasised by the Election Commission as well, at a meeting held on 17 September. The Commission, on its official Facebook page, said that the aforementioned incidents are not only an issue of prisoners’ protection and a violation of human rights, but also a challenge to the rule of law, and could therefore cause the people to lose faith in public representatives. The Commission further said that this situation, in turn, could raise doubts among the public about democracy and on what to expect from free and fair elections. It added that it had decided to request the Speaker of the Parliament to take appropriate steps with regard to the incidents in question, in order to ensure trust in public representatives. The alleged incidents involving Ratwatte are merely the most recent examples of the questionable use of power. According to a list of violent incidents engaged in by elected public representatives, shared by former Human Rights Commission of Sri Lanka (HRCSL) Commissioner Ambika Satkunanathan on Twitter, from December 2011 to July 2021, over 50 such incidents have been reported by the media. The list included public representatives at municipal councils, pradeshiya sabhas, urban councils, provincial councils, and the parliamentary level, and included incidents of assault, rape, and sexual assault; threats and physical altercations; among others. Most of these incidents involved assault, and the victims of the assaults included public officials, police officers, and members of the public. Meanwhile, responding to a question as to whether any legal and/or policy changes are necessary to change the continuous abuse of power by politicians, CPA Executive Director Dr. Paikiasothy Saravanamuttu told The Morning that Sri Lanka has laws that can help address such situations, and that the proper implementation of those laws is what is missing and necessary. He added that even though there are laws, with regard to the implementation of those laws, politicians keep interfering. “In order for the country to be able to address this situation, the country should pay attention to getting rid of such politicians and giving more publicity to the fact that those politicians are interfering in the implementation of the law,” he said, adding that it would help the people to know the truth about such politicians and to get rid of them, especially through elections. “Ultimately, when we stand against such politicians, they will not be getting elected,” he observed. Speaking of the abovementioned incidents, Dr. Saravanamuttu stressed that the immediate steps that need to be taken are ensuring Ratwatte’s resignation from all state ministerial portfolios and launching a proper investigation into the incidents. Meanwhile, Perera noted that one of the underlying reasons behind the lack of enthusiasm on the part of the authorities to take legal action and launch an investigation with regard to the alleged incidents involving Ratwatte was the politician’s influence on public institutions, which he said seems to be persisting for a long time, thereby hindering the proper operation of the Department. He alleged that that is one of the reasons why prison officials consistently denied any knowledge of the said incidents. “This shows that the Department is more concerned about the safety of politicians than the safety of prisoners,” Perera opined, adding that seeing such an attitude from such responsible officials is a cause for concern. According to Anuradhapura Prison Head Jailor Samanatha Priyadarshana, Prisons Department Commissioner General Thushara Upuldeniya visited the Anuradhapura prison complex for investigations into the matter, to speak to the detainees allegedly involved in the incident, as well as other possible witnesses present. However, although The Morning attempted to contact Upuldeniya to obtain a comment on his stance regarding the responsibility of prison officials, he was not reachable. The first step to ensuring an effective prisons system, according to Perera, is to depoliticise this system, which he said favours certain individuals, while discriminating against some in different ways. He also said that prison officials’ failure in adhering to the Prisons Ordinance implies that the prisoners are not safe. Moreover, he claimed that in the aforementioned incidents, there are a number of responsibilities that have gone unfulfilled. He added: “The prisons officials, paid by the State with people’s money, are therefore answerable to the people and the State, not politicians. What we need are public officials and public services that do not dance to the tune of politicians. Politicisation should be addressed according to the law.” Perera also noted that during the said incidents involving Ratwatte, a number of laws such as the Prisons Ordinance, the Firearms Ordinance, the Fundamental Rights Chapter under the Constitution, the Penal Code, as well as the International Covenant on Civil and Political Rights (ICCPR) appear to have been violated. Several investigations have been initiated following public furore and demands from rights groups. However, in a context where a lack of official information, and an official acknowledgement of the occurrence of the said incidents from the Government, exists, there is suspicion as to whether the investigations would lead to concrete results, according to activists. As a country that has a reputation for politicians that abuse power and loopholes in the law, such notions are justifiable. It is also noteworthy that the alleged incidents involving Ratwatte occurred in a context where the 48th session of the UNHRC was discussing Sri Lanka’s human rights situation, and therefore, the steps that would be taken in this regard would be of interest to the international community too.

Kapruka

Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Automobile, Mother and Baby Products, Clothing, and Fashion. Additionally, Kapruka offers unique online services like Money Remittance, Astrology, Medicine Delivery, and access to over 700 Top Brands. Also If you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.Send love straight to their heart this Valentine's with our thoughtful gifts!

Behind bars, beyond justice?

Behind bars, beyond justice?

More News..