the person to bend, strike different poses and flashing a torch into the rectum. According to
the officers in KRP, body and cavity searches of prisoners are done only when there is a
reasonable suspicion the prisoner is carrying contraband. However, what constitutes
reasonable suspicion was not specified and strip searches are mainly carried out on ‘preidentified inmates who are known to bring contraband.’ There have been many complaints
from the inmates in KRP regarding strip and body cavity searches due to the degrading ways
adopted in conducting such searches. For instance, a convicted male prisoner in KRP
mentioned to the Commission that:
“In those searches, they make us remove all clothes we are wearing. We normally wear
clothes to cover our naked self. So, what happens normally is an illegal act not even according
to DS or anything, but in general an illegal and inhuman act. They insert things such as pens
and pencils in our anus.”
Contrary to what was mentioned by prisoners, when the Commission queried about body
cavity searches during the meeting held at the Commission, the SP of KRP stated that he does
not allow officers to do body cavity searches as it is not their job and that if a body cavity
search is required, the inmate will be sent to the doctor. A similar response was given by a
prison guard in CRP, who stated that they will first search a suspicious prisoner through the
body scanner and if such person refuses to surrender the hidden goods, a body cavity search
will be done by a doctor. However, the Commission did not observe qualified medical
professionals conducting body cavity searches at these prisons, nor did prisoners mention
it.
It was also mentioned to the Commission by the officers who were on duty at the scan room
in MCP, that suspected prisoners will be kept under the watch of prisoners in the special
ward. Prisoners in the special ward are allowed limited outside time and spend most of the
day in their wards, which are kept locked during the day, and hence are tasked with keeping
watch over prisoners suspected of hiding contraband until they pass the contraband out of
the body. Officers further stated that body cavity searches will not be conducted without the
consent of the suspect. A similar situation was observed in NMRP where the officers stated
that the doctor would not conduct any body cavity search without the consent of the prisoner
and that the prisoner will be held until he passes the contraband, if any. The officers at NMRP
further stated that there have been times where the prisoners had to be given laxatives for
this purpose.
The SP of KRP Ajith Basnayake stated to the Commission during a meeting held at the
Commission52, that in order to avoid the incidence of human rights violations during
searches and to carry out efficient searches, it is important to introduce sophisticated
technology, including body scanners and parcel scanners. He further stated that it is not
possible to change the existing methods of conducting body searches without equipping
prisons with innovative means of conducting body searches.
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Meeting with Ajith Basnayake, Superintendent, Kuruwita Remand Prison (Human Rights Commission, Sri Lanka, 2
July 2018)
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