EU –OPCAT PROJECT The 4th regional network workshop Manila EU –OPCAT PROJECT The 4th regional network workshop Manila .Philippines 25th and 26th September 2008

Prison Visiting Mechanisms in Sri Lanka: divergence between percept & practice. Presenter - Mr.W.A.Lionel Weerasinghe (Retired prison commissioner)

Prison Visiting Mechanism In Sri Lanka Established by Prison Ordinance (Sec:35-40) Name:- Board of Prison Visitors Two categories 1.Board of prison visitors national body 2.Board of prison visitors (local body)

Appointing Authority The minister of justice Qualifications – Should not hold any public office under the state

Power National body –can visit any prison at any time Local body –can visit relevant local prison at any time

Duty Can inspect and inquire Prison premises,facilities,health work conditions, food, treatment Report Superintendent of prison ,Commissioner General, Minister of justice Can hear complaints and grievances of prisoners Obligation Participating for the prison tribunal

Additional Prison Visitors Under the Prison Ordinance Judges of the , Supreme court Appeal court High court Can visit, any prison anytime, to hold therein any inspection investigation or inquiry which he may consider necessary

Any member of parliament District Judge Magistrate . Any member of parliament District Judge Magistrate can visit any prison between the hour 5.30 a.m. and 5.30 p.m. for the purpose of inspecting the general conditions of the prison and of the prisoners

Sri Lanka Prisoners’ Welfare Association Permission was granted in prison standing order National body- members can enter any prison between the working hours, for the purpose of welfare and reform activities of prisoners and their family Local body can enter the relevant local prison for the said purpose.

Human Rights Commission Established under the act no 22/96 Sec:11(A) Commission has the power to inspect and inquire prisons for the purpose of good governance

International Red Cross Committee Grant permission under the Sec.94 of the prison ordinance by the minister of justice Can enter any prison between 0ffice hours They observe and study the institutional facilities and make recommendations and suggestions and facilitate.

Divergence between percept and practice Board of prison visitors , Smoothly functioned up to 1980 and proceeds towards year 2000 with decreasing performance. At present it is non existing After year 2003 board of prison visitors were not appointed.

Additional Prison Visitors Who Visits the Prison Judges NO Parliamentarians NO Human rights commission NO Prisoners' welfare association YES I.C.R.C YES But now they mainly focus towards the conflict areas.

Conclusion The state mechanism has failed to fulfill its obligations. While only the voluntary body made an attempt to address this issue. BUT .……?

The Mechanism- how it should be Should be appointed by the competent authority They should report back to that authority/general public ,not to the prison management/ government It should be independent both of individual and prison system They should be the persons with public credibility Consist with knowledgeable person( prison administration, human right, health, education and legal)

They should be given free access to prisons and prisoners They are not only to identify failures, to identify good practice which can be used else where as a module They should allowed to publish their finding for the information of general public except confidential security matters and detail individual person)

Should have the right to carry out inspections following any serious incident or riot. Ultimately the mechanism could be able to provide an effective means of preserving and promoting human right and preventing abuse and they should make a formal link between prison and the society.

Any questions ?

THANK YOU & HAVE A NICE DAY

Mechanism /Quotation of international instrument Body of principals for the protection of all persons under any forms of detention or imprisonment Principal 29 1. In order to supervise the strict observance of relevant laws an experienced person is appointed by, and responsible to a competent authority distinct from the authority directly in charge of the administration of the place of detention or imprisonment. 2. A detained or imprisoned person shall have the right to communicate freely and in full confidentiality with the person who visit the place of detention or imprisonment in accordance with paragraphs of the present principle, subject to reasonable conditions to ensure security and good order in such place.

Standard Minimum Rules for the Treatment of Prisoners There shall be a regular inspection of penal institutions and service by qualified and experienced inspectors appointed by a competent authority. Their task shall be in particular to ensure that these institutions are administered in accordance with the view of bringing about the objectives of panel and correctional services.