3. Categories of prisoners
•
Convicted prisoners
Convicted prisoners constitute 48% of the total population of prisoners and are required to
undergo the rehabilitation process of the prison by virtue of their conviction status. The
entitlements of convicted prisoners are restricted to a greater degree, in comparison to
remand prisoners, as outlined in prison legislation. Normal convicted prisoners are required
to spend a definitive amount of time in prison, while life and condemned prisoners serve
indefinite sentences. Convicted prisoners participate in rehabilitative programmes and
educational and vocational training, as part of their sentence as well as undertake assigned
prison jobs.
•
Remandees
Pre-trial detainees or remandees constitute 52%5 of the total prison population in Sri Lanka.
This statistic, combined with the information from the DOP Statistics for the year 2019,
illustrate that remandees spend many years in prison awaiting trial. This study will thus
explore the conditions and treatment of unconvicted detainees in remand, and pay attention
to the legal and policy issues that have resulted in a disproportionately large remandee
population.
Certain groups were flagged as special categories of prisoners to uncover the impact of their
particular characteristics or detention status on their treatment and conditions in prison:
•
Prisoners on death row
Despite the fact that Sri Lanka has maintained a moratorium on the death penalty since 1976,
persons continue to be sentenced to death. Such prisoners are ‘condemned’ to a life in prison
where they serve an indeterminate sentence, and are subject to long periods of confinement,
reduced outside hours and no access to rehabilitative programmes or activities to keep them
occupied throughout the day.
•
Persons arrested under the Prevention of Terrorism Act
The Prevention of Terrorism Act (hereinafter referred to as PTA) allows individuals to be
detained without charge for up to eighteen months and requires the approval of the
Attorney-General to award bail. The possibility of long-term detention, including extended
pre-trial detention, of which eighteen months could be administrative detention, and their
suspected status as threats to national security may increase the vulnerability of persons
remanded and convicted under this law. In the study, PTA inmates are distinguished
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The population of prisoners has increased since April 2018. The number of male remand prisoners, as of 3 February
2020 is 14,607 and the number of male convicted prisoners is 10,500. Thus, the present remandee to convicted
proportion is 58% to 42%. The number of female prisoners is 1,296.
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