HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2020 Commission further directed the DoP to submit their observations and details of action taken including preventive measures in this regard.  Recommendations regarding the protection of prisoners from the COVID-19 pandemic HRCSL made recommendations to the DoP on the subject of safeguarding health of prisoners during the COVID-19 pandemic. The recommendations were specifically to address the issue of overcrowding that is of particular concern during a pandemic. The Commission stated that as per its statutory mandate, it pays special attention to the rights of those who have been deprived of liberty as they are more vulnerable to disease than the general population. Acknowledging that the Commission was pleased to learn that the DoP has already paid attention to the matter, the recommendations called on the DoP to take urgent action, in consultation with relevant authorities, to release those who continue to remain in remand custody due to their inability to post bail in the required sum. It was also recommended to take necessary steps to release under the licensing system permitted under the law certain cateogries of convicted prisoners. The Commssion recognized the challenges facing the prison system, particularly during a period when there is a grave threat to health. The DoP was requested to report back to the HRCSL on an urgent basis of action taken regarding the recommendations. Simultaneously, the Commission also wrote to His Excellency, the President on 27 March 2020 on the necessity to take urgent action to prevent the possible spread of the COVID-19 virus within the prison system in Sri Lanka. The letter drew attention of the President to the WHO issued special guidelines on preparedness, prevention and control of COVID-19 virus in prisons and other places of detention (dated 15 March, 2020) which recommend that non-custodial measures be used at all stages of the criminal justice process (including pretrial, trial, sentencing and even postsentencing stages) in view of the pandemic. The guidelines also recommend special consideration be given to those prisoners with low-risk profiles and caring responsibilities (e.g., pregnant women and those with young children). Commending the President for action already taken to find ways and means of providing legal assistance to those convicted of minor offences and remand prisoners who are unable to fulfill bail conditions as reported 30

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