BASL urges independent, transparent probe into Negombo Prison tragedy

The Bar Association of Sri Lanka (BASL) on Wedensday welcomed the Government's decision to appoint an independent committee headed by a retired Supreme Court Judge to investigate the recent violence at Negombo Prison, but stressed that public confidence would depend on the inquiry being conducted independently, impartially, transparently and without delay.

Issuing a statement signed by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva, the Association said the investigation must establish the complete sequence of events that led to the prison violence, determine whether any unlawful acts or omissions contributed to the tragedy, identify failures in prison administration, security or oversight, and recommend institutional reforms to prevent similar incidents in the future.

"The true measure of accountability will lie not only in identifying responsibility for what has occurred, but also in ensuring that the conditions which gave rise to this tragedy are comprehensively addressed so that such incidents do not recur," the BASL said.

The Association also called for the findings of the inquiry to be made public, subject only to limitations necessary in the interests of justice or national security.

Expressing profound concern over the incidents that occurred at Negombo Prison between July 5 and 7, the BASL noted that 27 people, including seven prison officers, had reportedly lost their lives while more than 100 others were injured.

The BASL unequivocally condemned all acts of violence, regardless of their source, stating that violence within places of detention undermines the Rule of Law, erodes public confidence in the administration of justice and endangers the lives of prisoners, prison officers and others responsible for managing correctional institutions.

It also expressed concern over reports of unrest in several other prisons and urged the relevant authorities to take all necessary measures to ensure the safety and security of both inmates and prison officers across the prison system.

The Association said that in the aftermath of the tragedy, the State had a duty to ensure the safety, security and well-being of prisoners and prison officers, prevent any further violence and ensure that all detention facilities continued to operate in accordance with the Rule of Law while respecting the dignity and rights of every individual.

The BASL further said reports that statutory oversight bodies had encountered difficulties in carrying out their lawful functions were a matter of serious concern and should also be examined by the independent inquiry.

The Association stressed that any person found to have engaged in criminal conduct or official misconduct, whether a prisoner, prison officer or any other individual, should be held accountable in accordance with the law and afforded due process.

It also called for prompt medical treatment for the injured and appropriate assistance for the families of those who lost their lives.

Describing the Negombo Prison violence as symptomatic of longstanding structural weaknesses within Sri Lanka's prison system and the wider criminal justice administration, the BASL said the tragedy should serve as a catalyst for comprehensive reform rather than be viewed as an isolated incident.

The Association noted that persons deprived of their liberty did not forfeit their fundamental rights or inherent dignity, pointing out that many remand prisoners had not been convicted of any offence and continued to enjoy the presumption of innocence until proven guilty by a court of law.

It also highlighted the difficult conditions under which prison officers performed their duties and said they were entitled to safe working conditions, adequate resources, facilities and institutional support.

The BASL urged the authorities to address chronic prison overcrowding through broader reforms, including reviewing remand practices, expediting the disposal of criminal cases, expanding the use of bail and non-custodial sentencing where appropriate, strengthening rehabilitation programmes, improving prison infrastructure, increasing staffing and modernising prison management.

The Association reiterated its call for a credible and transparent investigation, accountability for those responsible, and meaningful reforms to Sri Lanka's prison and criminal justice systems, while extending its condolences to the families of those who died and wishing a speedy recovery to those injured.