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Only civil prisoners to get separate paid cells

11 Nov 2022

 BY Buddhika Samaraweera Noting that both civil and criminal prisoners had the ability to obtain a separate cell upon payment according to the legal provisions in place at the time, Minister of Justice, Prisons Affairs, and Constitutional Reforms President's Counsel (PC), Dr. Wijeyadasa Rajapakshe said however that through the gazette notification 2288/15 issued on 12 July 2022, the ability of criminal prisoners to obtain such facilities was abolished, thereby rectifying a great inequality in the relevant legal provisions. Samagi Jana Balawegaya MP Attorney Rauff Hakeem yesterday (10) raised a question regarding the preparations to provide facilities for prisoners to purchase separate cell-based accommodation. In response, Dr. Rajapakshe said that both civil and criminal prisoners had the ability to purchase separate cells and furniture needed for such according to the legal provisions with regard to prisons that were introduced in the 1930s. However, he said that those who have spoken to the media regarding the relevant gazette notification have not understood that there are two groups of prisoners – civil prisoners and criminal prisoners.  "These civil prisoners do not come under the Penal Code or the Criminal Procedure Code. They come under the Code of Civil Procedure. For instance, if a person cannot repay a loan to a creditor as per the judgement, the creditor has the right to send the relevant person to jail by paying the cost of imprisonment. There are provisions to send a person to jail for a period varying from one month to three months. In such cases, they do not go to jail as criminals as they are imprisoned because they could not pay the relevant sum of money. Civil prisoners are those who are sent to prison after paying money. It happened continuously in this country, but today, there are no such prisoners in prisons," he said.  Noting that such persons have the right to make a reservation of a cell through payment, Dr. Rajapakshe said that the criminal prisoners were entitled to the same right as per the existing provisions at the time, adding that the authorities therefore had to provide any prisoner with a separate cell if they were able to make the relevant payment. However, through the gazette notification in question, he said, criminal prisoners’ right to make such a reservation has been abolished.   "Civil prisoners are not criminals. The method of imprisoning those civil prisoners is still there in the Civil Procedure Code, but there is no such prisoner incarcerated currently. Therefore, we are depriving the prisoners who were found guilty of crimes of their right to purchase a separate cell because the prisoners who have money will say that we have money, so we should give them a cell. Then, we have to do it. That was the law at the time. As the former Minister of Justice, you (Hakeem) also know this. We can't give cells like that as it is not fair. We do not agree to treat prisoners who have money in one way and those who do not in another way. That is why this law was formulated accordingly. What we did was rectifying a great inequality in the law," he added. Meanwhile, when independent Opposition MP Dilan Perera queried as to whether the relevant gazette notification will be applicable to remand prisoners, Dr. Rajapakshe said: "No. This is about prisoners who are found guilty.” The gazette notification (2288/15) issued on 12 July, 2022, and which has seen opposition from several quarters, states that “On the payment of a fee fixed by the Prison Superintendent, any civil prisoner may be permitted by the said Superintendent to be placed in exclusive occupation of a room or a cell better equipped than an ordinary cell or a ward, if such a room or a cell is available and the condition of such prisoner warrants the provision of such accommodation”.  


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