remandees, would not have access to clothes or other necessities if their families or friends
are unaware of their imprisonment and could not bring them these items. The Commission
has been informed of instances of officers contacting an inmate’s family on their behalf, but
this is dependent on the good will of a prison officer.
Foreign nationals are the most disadvantaged in such circumstances; they stated they were
often not able to inform their families, friends or respective diplomatic representatives about
their imprisonment. As prisons in Sri Lanka do not provide IDD telecommunication facilities,
prisoners, or prison officers on their behalf, cannot call the families of foreign detainees to
inform them of the imprisonment. An Indian inmate at NRP said that she requested the
officers to inform her family of her arrest but they refused to do so. A Lebanese inmate at
CRP said, “I’m a foreigner, so no contact with family or nothing, and the worse thing, the
biggest problem I face is the inability to have access to a phone”. Similarly, a Pakistani inmate
at NMRP stated the following:
“A: My family still doesn’t know I am inside. They know I am in Sri Lanka but they don’t know
I am inside (prison).
Q: They don’t know you’re in prison?
A: No... but I did not tell. How to tell? No phone, no nothing no contact.”
The prison officers stated that they contact the relevant consular representatives at the
request of prisoners but there were instances when personnel from the embassy would not
respond or visit the detainee. Most foreign inmates would however not be aware of this, and
instead believed that the prison did not notify the embassies despite their requests.
At least thirteen foreign nationals requested the Commission to inform either their consular
representative or their family members about their imprisonment.
4. Recording assault upon admission
SMR 7(d) requires the recording of any visible injuries and complaints about prior illtreatment upon the admission of every prisoner. However, there is no national legislation
specifying any procedure to be adhered in recording injuries sustained from assaults prior
to admission. Despite the lack of national legal provision requiring the recording of injuries
upon admission, prisons have a procedure in place to document injuries that a person might
have sustained prior to being admitted to prison. This ensures that prison authorities are not
held liable for injuries that were sustained by an inmate, prior to their admission to prison.
The Receiving Jailor inquires from the new entrant if s/he was assaulted by a police officer
during the arrest process. If an inmate states that they have been subject to any form of
violence, the Receiving Jailor will make a record of it in an assault book. The Commission
observed three types of entries made at WCP by the Receiving Jailor that demonstrated the
procedure followed by the prisons regarding reports of police assault.
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