HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2020
Action taken on the incidents of violence at the Mahara
prison
The Commission commenced a suo motu inquiry pursuant to news reports
received regarding an incident of prison unrest at the Mahara prison which
culminated in the deaths of several prisoners and serious injuries to other
prisoners and prison officers. It was reported that unrest occurred following
rumours of COVID-19 infected prisoners being transferred to the Mahara
Prison from other prisons which were overcrowded. Two fact-finding and
monitoring missions were conducted to the Prison on 30 November and 01
December 2020 to ascertain the nature of the incidents which occurred.
Despite the statutory mandate of the Commission which provides it
unimpeded access to places of detention for monitoring purposes, on both
occasions the officials of the HRCSL experienced delays in entering the
facility and speaking to the prisoners. Based on the findings of these visits
the Commission issued interim recommendations for immediate
implementation to the relevant authorities.
Further, the HRCSL notified the Commissioner General of Prisons (CGP) to
compile and furnish a list of the deceased prisoners, the injured, the COVID19 infected prisoners, and of the prisoners who were directed to quarantine.
The Judicial Medical Officer (JMO) of the Colombo North hospital was also
directed to send in the postmortem reports of the 11 deceased prisoners and
the reports of the injured prisoners treated by him. The Commission in this
correspondence noted that the bodies form part of an investigation that has
already commenced and therefore, they should be preserved in a manner
compatible with health requirements but not be cremated or destroyed even
though the regulations in relation to disposal of bodies of those infected by
the COVID-19 virus requires cremation. It also requested the JMO to seek
permission from the Magistrate to transfer the bodies to the mortuary at the
Infectious Diseases Hospital at Kotikawatte as it has the expertise and
facilities to perform autopsies on people infected with COVID-19. The JMO
informed the Commission that the postmortems of the 11 deceased
prisoners were not yet concluded due to magisterial order to transfer the
remains of the deceased to the Infectious Diseases Hospital in Kotikawatte
and for the postmortems to be conducted by a multidisciplinary committee.
The JMO further requested for time to submit the required report to the
Commission as a similar report has been requested by the magistrate, which
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