Welikada Prison clash:

Core issues must be addressed - Commissioner, HRC

By Manjula FERNANDO

Overcrowding would have been an underlying cause for the major mishap that occurred at Welikada prison last week, Commissioner, Human Rights Commission Dr. Prathiba Mahanamahewa opined.

Citing their own report on the state of Sri Lankan prisons, submitted last year coinciding with the World Human Rights Day 2011, he said the authorities must address the core issues which have made the prisons a time bomb which is about to explode, as proved by the Welikada incident on November 10, 2012.

He said their study uncovered that the inmate-jail guard ratio in Sri Lankan prisons were at an alarming 20:1 whereas the international standards require it to be 5:1. Delay in addressing such issues would be detrimental.

The HRC is gearing for an investigation of their own as to what led to the clash that led to 27 inmates being killed and 19 convicts and seven remand prisoners were injured.

The Government has appointed a three-member committee headed by a former Supreme Court judge to probe the incident and report to the Prisons Commissioner General. Meanwhile, the Commissioner General has called for an interim report, a summary of their findings so far, from the committee.

“Once this committee wraps up investigations and the criminal investigation by law enforcing authorities ends, we would be compelled to conduct a probe to cover the human rights issues involved, to ascertain if violations of human rights of prisoners occurred during the clash,” Dr.Mahanamahewa said, adding that the incident invited overwhelming coverage by international media and a negative picture being drawn over the country’s HR record.

“After the LTTE spat there were international cries that no committee was appointed to probe allegations of human rights violations. Then the LLRC began its work. But here a committee was appointed to probe the case almost immediately. We note with satisfaction the speed with which this committee was appointed.”

He said the two tier investigation by prison authorities and the police will ascertain matters of criminal nature - breaking into the armoury by prisoners and shooting at officers conducting a search as well as the deaths of inmates.

The HRC is to address issues covered by international covenants and the Prisons’ Ordinance, where it has been stipulated among other things that a search inside prisons can only be carried out by prison guards.

He said this incident if not probed and reported would be a good platform for anti Sri Lanka forces to criticise the country at the UNHRC sessions in March next year.

“There are provisions to get help from other forces if the prison officers are lacking in numbers and in an instance where overcrowding is an issue. The Prisons Commissioner General can invite assistance but the search shall be conducted under the Prisons Department.”

“The STF can give security for prison authorities. It may be justified given that there was a previous incident where the prisoners blocked an attempt to search these particular wards, the ‘L’ and ‘Chappel’ wards. If the inmates also act in an unruly manner with weapons in hand, for self defence there are reasonable grounds to control that situation. Such matters must be probed in the investigation.“

“When the Welikada Prison incident was unfolding, I was in Hyderabad attending a conference and leading international media outlets had continuous coverage on the Welikada clash. Immediately afterwards the Indian HC visited and guaranteed that Indian nationals detained in the Welikada prison were safe.”

“Many including India have begun to accept that Sri Lanka has made vast strides in post war reconstruction and resettlement. But incidents like these can reverse what we have achieved so far.”

“At a time where the international community has focused its attention on Sri Lanka and extremist elements and pro LTTE groups are trying to put the country off balance, Sri Lanka must exercise caution and restraint. Such incidents happened in prisons in Malaysia, Indonesia but the Sri Lankan incident received unprecedented coverage in the international media.”

At the Universal Periodic Review early November, Sri Lanka’s efforts were highly recognized by those in Geneva. It was specifically stated that Sri Lanka was progressing.

The Three aides of HC Navaneetham Pillai who visited here echoed the same sentiments. Some months back the High Commissioner sent three of her aides to study the ground situation here.

Their first meeting was with the Human Rights Commission. They were briefed on the progress the country has made so far in the sphere of HR, ongoing efforts, and future actions to overcome the existing challenges and improve the situation at ground level.

“They were impressed by the progress and these sentiments echoed during the subsequent discussions. Representatives from the High Commissioner’s office had visited the important places they wanted to go. I am sure their report to HC Pillai will be a positive one.

“My position is that we must invite all who did not support Sri Lanka’s development and who are not ready to accept our progress on the face value, to come here and see for themselves the progress country has made after the end of the bloodshed. We got to invite our critics, not only the friends, to come down and experience the freedom the people feel today.”

At the HRC sessions in March this year 15 countries voted for us, and 23 voted against us when the US backed resolution was taken up. I am of the view that all these 23 countries must be invited here and given a chance to see the progress the country has made. As an independent legal expert, I am making this comment.“

“I am requesting Minister Mahinda Samarasinghe to invite these 23 members to tour the country and view for themselves how the country has transformed since 2009.”

He added the HRC has called for the total abolition of death penalty, in the backdrop where many others have proposed re-activation of the death sentence to fight the wave of crime the country has seen of late. Sri Lanka is a party to the International Convention on Civil and Political Rights (ICCPR) but has not yet ratified the 2nd optional protocol to the ICCPR on abolition of the death penalty.

According to the Prisons Department 339 people were condemned to death during 1997 to 2010.

The suggestions the HRC have put forth following their study of prisons in 2011 include:

*Revision of domestic law to abolish death penalty.
*Urgent need to expedite court cases of remand prisoners (there are remand prisoners who had been in detention for nearly ten years)
*Regular supervision of prisons by a Magistrate to check if minimum standards are maintained
*Awareness among prison officers on international standards on handling prisoners.