• Series of protests over weekend in 5 prisons
• Rights group threatens legal action
• Minister calls for immediate probem

By Sarah Hannan While the main focus has been on Sunday (29) over the tense situation that erupted in the Mahara Prison Complex, it is reported that several other prisons too experienced minor situations over the weekend where prisoners had climbed to the rooftops to protest. In the case of the Bogambara Prison, an attempted prison break was thwarted by prison officials, while in the Welikada Prison, the inmates had blocked the supply of food after taking over the prison’s kitchen department, The Morning learnt. According to the Ragama Hospital Deputy Director, PCR tests had been carried out on 48 of inmates who were admitted for treatment, out of which 26 inmates had tested positive for Covid-19. [caption id="attachment_107263" align="alignleft" width="300"] Family members of inmates beg to a Police constable to know the fate of their imprisoned loved ones, outside Mahara Prison Complex, 30 November 2020. Photo Pradeep Dambarage[/caption] Meanwhile, family members and relatives of inmates who are held in custody at the Mahara Prison had flocked to the prison premises and demanded that they are given an update on whether their loved ones were unharmed and as to which of the inmates had been killed during the tense situation. Western Province Senior Deputy Inspector General (DIG) Deshbandu Tennakoon too had arrived at the Mahara Prison Complex yesterday (30) morning and spoken to the distressed families. The preliminary investigation carried out by the Police had recorded that the Prison’s registry, several prison cells, food stores, and office rooms of the Superintendent of Prison (SP) and the Assistant Superintendent of Prisons (ASP) were damaged due to the fire that  erupted on Sunday evening. Police Media Spokesperson DIG Ajith Rohana stated that around 400 police officers and 200 Special Task Force (STF) personnel were deployed to guard the Mahara Prison to avoid further incidents from taking place. Investigations into Sunday’s incident are to take place in three levels, as told to The Morning by State Minister of Prison Reforms and Prisoner Rehabilitation Dr. Sudharshani Fernandopulle. “As soon as the incident took place, I instructed my Secretary to appoint a committee and conduct a ministerial-level investigation. Apart from that, the Criminal Investigation Department (CID) is also carrying out their own investigation. Meanwhile, I have also requested the Minister of Justice to appoint an independent investigation committee headed by a Judge to conduct a judiciary level inquiry as well.” Extensive damages Dr. Fernadopulle also noted that the preliminary findings indicate that most of these incidents were instigated by remand prisoners who are serving short sentences for drug-related offences. The demand of these prisoners is that their cases be expedited and their bail requests be processed, or they be transferred to the relevant prisons, rather than holding them in prisons allocated for Covid-19 isolation or quarantine purposes. “In the Mahara Prison alone, we conducted PCR tests for 300 inmates, out of which 183 were tested positive for Covid-19. At the moment, the prison cluster accounts for 1,098 and these inmates are separated from the rest and are isolated at the respective prison hospitals.” When asked as to when the investigation report from the CID can be expected, Dr. Fernandopulle noted that, given the extensive damage caused to the buildings and inventories of the Mahara Prison and two of the jailers were held hostage by the prisoners, one of whom was in critical condition and had been transferred to hospital, the inquiries to the inmates actions will take several days. “The total number of deaths following the incident is at eight, and the cause of death is yet to be determined as the Judicial Medical Officer (JMO) is yet to conduct their postmortems. In the meantime, the number of injured inmates stands at 59 and one jailer too is in critical condition, with all of them now being transferred to the Ragama Hospital for treatment,” Dr. Fernandopulle explained. Rights group to take legal action Committee for Protecting Rights of Prisoners (CPRP) Chairman and Attorney-at-law R.S. Perera said the current method of controlling unrest within prison complexes is in direct violation to the Prisons Act and the fundamental rights of the persons in custody. Speaking to The Morning, Perera said: “The present mechanism that is put into practice by the Department of Prisons to arrest a situation within the prison compound is questionable. The unrest that took place in the Mahara Prison on Sunday (29) reflects that the governing system has no regard for the rights of the prisoners. They could have easily prevented it before the situation got out of hand, had they given enough consideration over the growing concerns of the health and safety of the inmates.” Perera condemned the act of discharging firearms against unarmed persons, especially prisoners in this instance as they are already serving a sentence and are constricted to an overcrowded jail cell. “Although they are prisoners, they too have a right to be scared for their health and safety and it is the responsibility of the authorities to ensure they are kept in a hygienic environment amid this pandemic,” Perera added. The CPRP also noted that they have filed for legal action and are representing the family members of the inmates of the Anuradhapura Prison which killed two and injured four following the unrest due to Covid-19 scares and possible food scarcity on 21 March 2020. “Similarly, we as the CPRP are willing to look into the issues that caused the series of unrest that is currently taking place in prisons: Welikada, Bogambara, Negombo, Angunukolapellessa, and Mahara. We will take legal action against depriving the fundamental rights of prisons, and under the Torture Act as well,” Perera elaborated. Since the outbreak of the second Covid-19 wave in the country, and with the prisons recording hundreds of cases, the prisoners had been requesting that their hearings be expedited and be transferred to the respective prisons. In an attempt to reduce the overcrowding in the Welikada Prison, some of the prisoners were transferred to the Mahara Prison, whereas all the newly admitted prisoners were transferred to the Bogambara Prison Complex for quarantine and isolation purposes. Opposition MPs concerned Leader of the Opposition and Samagi Jana Balawegaya (SJB) Leader Sajith Premadasa requested the Government to conduct an impartial inquiry with immediate effect over the incident that took place in the Mahara Prison, and demanded that the incident should not be swept under the carpet. The Opposition Leader said it was his responsibility to protect the rights of citizens, whether inside or outside the prison, and expressed his displeasure at the Government's inaction until a prison cluster was created. He also stressed the need for an impartial and credible inquiry into the Mahara Prison incident. National People’s Power (NPP) Leader Anura Kumara Dissanayake too expressed his concerns at Parliament, stating the prisoners were genuinely concerned about their life at prisons due to Covid-19, although there could be an invisible hand behind the unrests as suggested by State Minister Dr. Fernandopulle. He said an 83-year-old inmate from the prison who contracted Covid-19 died recently and that many of the inmates there have been remanded for a longer period due to delays in procedures. “Some of them are in remand custody for about 11 months, longer than they should have been in prison. Regardless of an invisible hand, they have a genuine concern that they will contract Covid-19,” Dissanayake said.