prison in the country. Complaints lodged by family members of prisoners also indicated that
physical violence was ubiquitous, although the extent of it was undetermined.
The Commission recognized the glaring gap in information about the conditions in prisons
and the level of compliance with human rights standards, and realized the need to conduct
an in-depth study of prisons. The study was planned with the intention of exploring all
aspects of life in prison and uncovering the underlying shortcomings of an incarceration
system that does not appear to be fulfilling its purpose. The aim of this study, therefore, is to
examine the current state of prison conditions in Sri Lanka, assessing whether the State has
adhered to constitutional and international standards in the treatment of prisoners, and to
investigate the reasons for failures, if any, to meet international human rights standards and
make recommendations for reform. In particular, the study aims to ascertain whether the
current correctional system fulfills its stated purpose of rehabilitation and social reintegration of prisoners.
While the UN Standard Minimum Rules for the Treatment of Prisoners were employed as the
basic threshold to evaluate conditions, information gathered by the Commission over the
years through complaints and prison visits, coupled with the few available short articles and
reports on Sri Lankan prisons, were reviewed to formulate the research questions. The lack
of literature on Sri Lankan prisons was a limitation, since the study was being designed
without adequate prior knowledge of the status quo – however, this consideration reinforced
the idea that any finding would be a positive addition to current corpus of knowledge.
The Commission is aware this study is only the first step towards reforming the correctional
system and envisages it will contribute to much needed reform of the prison system. This
study is based on the principle, which the Commission reiterates as part of fulfilling its
mandate, that a society may only lay claim to being governed by democratic values and
fundamental rights if constitutional guarantees are also applicable to persons occupying the
lowest rung of the social hierarchy.
1. Human Rights Commission of Sri Lanka
The Human Rights Commission is an independent commission established in 1997, pursuant
to the enactment of the Human Rights Commission Act No. 21 of 1996, to promote and
monitor protection of fundamental rights guaranteed by the Constitution and ensure
compliance by the Sri Lankan government of international human rights standards.
Following the enactment of the 19th Amendment to the Constitution in 2015, the procedure
to appoint members of the Commission was made independent by affirming that ‘no person
shall be appointed by the President as a Chairman or member of any Commissions except on
a recommendation of the Constitutional Council’ (Article 41B).
The Commission, as an independent body, is answerable only to the Parliament as enshrined
in Article 41 B (6) of the Constitution. The Commission presents regular reports to the
Parliament which outline all matters referred to the Commission during the year, as well as
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