The Commission noted that there were no instances of the prison authorities of their own
volition, without the referral of another entity, referring an inmate to a JMO. It was observed
that, in practice, the MOs inside the prison do not refer any inmate directly to the JMO but
would refer any inmate with severe injuries to the GH as aforementioned.34 Once the doctor
in the GH informs the police post inside the GH about an alleged assault, the police will obtain
details of the complaint from the prisoner, issue a Medico-Legal Examination (MLEF) form,
following which the JMO will be requested by the hospital to examine the prisoner. Apart
from such instances, inmates will be produced before a JMO when requested by court or the
Commission.
Inmates may be referred to the GH in the event of serious injuries or to conduct tests that are
not available at the prison facility. In one example, WCP sent an inmate with serious injuries
who wished to take action against the alleged assault by the police to the NH so the police
post could be notified of the assault. ARP refers inmates to the GH if
the injuries sustained are serious, and the MO at PCP stated that she would record the
injuries and then refer the inmate to the Kandy Hospital to obtain X–rays, and thereafter to
be produced to the JMO for necessary examination. Thus, it is evident that there is no uniform
procedure with regards to presenting an inmate to the JMO, since it is not stipulated by any
of the three primary prison legislation.
A MO at WCP stated that it would be convenient if a JMO is appointed/assigned to each
prison, or at least at the larger prisons, thereby enabling the MOs to refer the prisoner to that
JMO if there was evidence of ill-treatment. The JMO thus assigned to each prison could visit
the prison if notification is made by the MO of a case of violence, or visit the prison regularly.
This would also mean that the prisoner would not have to be sent outside prison, such as to
the GH, in order for the police post to be notified and a JMO examination to be undertaken,
which would require the authorization of the SP, arrangements to be made to be escorted
etc. These procedures might prevent or delay the prisoner being produced before a JMO,
especially given the severe staff shortages and limited transportation means available to the
DOP.
It should also be noted that being produced before the JMO does not guarantee that a
complaint about the assault will be made to the police, as there is no police post outside JMO
offices, unlike in hospitals, where the police post is informed if a person with injuries is
admitted and a police complaint is registered. Further, there is no provision mandating the
JMO to direct the person to the nearest police station to lodge a complaint or for the JMO to
formally inform the police or the Commission about the assault. This means that cases of
police violence, which are liable to be prosecuted under the Convention Against Torture Act,
No. 22 of 1994, will not even be reported. However, it was revealed during a visit to ACP that
the JMO at the Hambantota Hospital had informed the police post at the hospital about an
alleged case of violence by a prison officer, and subsequently a police officer had visited
prison to obtain a statement from the victim about the said incident. Even though there is no
provision which makes it mandatory for a JMO to inform the police post, this shows the key
34
For a detailed discussion, please refer to chapter Discipline and Punishment.
45