HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2020
Commission further directed the DoP to submit their observations and
details of action taken including preventive measures in this regard.
Recommendations regarding the protection of prisoners
from the COVID-19 pandemic
HRCSL made recommendations to the DoP on the subject of safeguarding
health of prisoners during the COVID-19 pandemic. The recommendations
were specifically to address the issue of overcrowding that is of particular
concern during a pandemic. The Commission stated that as per its statutory
mandate, it pays special attention to the rights of those who have been
deprived of liberty as they are more vulnerable to disease than the general
population. Acknowledging that the Commission was pleased to learn that
the DoP has already paid attention to the matter, the recommendations
called on the DoP to take urgent action, in consultation with relevant
authorities, to release those who continue to remain in remand custody due
to their inability to post bail in the required sum. It was also recommended
to take necessary steps to release under the licensing system permitted
under the law certain cateogries of convicted prisoners. The Commssion
recognized the challenges facing the prison system, particularly during a
period when there is a grave threat to health. The DoP was requested to
report back to the HRCSL on an urgent basis of action taken regarding the
recommendations.
Simultaneously, the Commission also wrote to His Excellency, the President
on 27 March 2020 on the necessity to take urgent action to prevent the
possible spread of the COVID-19 virus within the prison system in Sri Lanka.
The letter drew attention of the President to the WHO issued special
guidelines on preparedness, prevention and control of COVID-19 virus in
prisons and other places of detention (dated 15 March, 2020) which
recommend that non-custodial measures be used at all stages of the criminal
justice process (including pretrial, trial, sentencing and even postsentencing stages) in view of the pandemic. The guidelines also recommend
special consideration be given to those prisoners with low-risk profiles and
caring responsibilities (e.g., pregnant women and those with young
children). Commending the President for action already taken to find ways
and means of providing legal assistance to those convicted of minor offences
and remand prisoners who are unable to fulfill bail conditions as reported
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