It was reported to the Commission that early release may be denied to prisoners who do not have supportive family to accept them or a home to return to, even when they present a strong case of being rehabilitated during the sentence period. 13.6. Special and General Pardons The Constitution enshrines the power of the executive to use special pardons, whereby a prisoner or group of prisoners may be released or have their sentences commuted for a special reason at the discretion of the President. General pardons are usually awarded to mark religious observances, public holidays and other special occasions. Predetermined criteria need to be satisfied by prisoners to become eligible for this pardon and they need not make a case for rehabilitation in order to enjoy the benefit of general pardons. Persons who have committed certain grave offences are not eligible. The abovementioned measures follow an ad-hoc procedure and are solely dependent on the Ministry and President’s discretion, which means the pardoning process is at the mercy of the political climate at the time. A uniform and standardized system of pardons should be in place to ensure certainty of practice and incentivize good behaviour in prisons. The discontinuation of periodic pardons was allegedly due to the abuse of the system by pardoning persons arbitrarily. The process must instead be strengthened by including relevant safeguards, which prevent the abuse of power by any authority. The award of pardons is consistent with the criminal justice principle of restorative justice and eases the burden of overcrowding on prisons. Part III: Special Categories of Prisoners 14. Prisoners on Death Row The Human Rights Commission of Sri Lanka has consistently called for the abolition of the death penalty as it is a cruel and irreversible punishment that violates the right to life and right to be free from torture, cruel inhuman degrading treatment and punishment. Although the Sri Lankan government has signed a UN moratorium on the implementation of the death penalty, persons continue to be sentenced to death and serve indefinite sentences, thereby increasing the burden on the prison system, without an efficient process in place for their eventual release. Condemned prisoners endure harsh prison conditions that even short-term prisoners find unbearable to sustain, and have to survive them potentially indefinitely. Condemned prisoners are held in adverse prison conditions; they are required to be inside the wards for the entire day and are only allowed thirty minutes outside time for exercise, and that too is dependent on the availability of adequate officers to guard them. The xx