The BAR Association (BASL) has raised concerns over the death of an individual at the Angunukolapelessa Prison recently.BASL has said in a media statement that the suspect had been remanded on contempt of court charges following an incident at the Embilipitiya Court, where he had presented himself as a surety for a friend.
Expressing concern over the suspect’s demise within less than 48 hours of being remanded, BASL has pointed out that the postmortem examination revealed injuries to
the head, which raises questions about his treatment while under Police and Prison custody.
As such, BASL has called for an immediate, impartial, and independent investigation into the circumstances of this death that took place in custody and accountability for all those whose actions or omissions contributed to this miscarriage of justice.
Full text of the statement signed by BASL President Rajeev Amarasuriya and Secretary Chatura Galhena: “The Bar Association of Sri Lanka (BASL) expresses its deep concern over the tragic death of a suspect, who was remanded and later died while in state custody under disturbing circumstances.
“The deceased had presented himself before the Embilipitiya Magistrate’s Court as a surety of a suspect. It is reported that due to an incident that he had taken place within the Court room he had been detained by the Police and produced before the Learned Magistrate on the following day where the Learned Magistrate had ordered that he be remanded on a charge of Contempt of Court.
“We are deeply concerned that contempt provisions have been used in this instance and would make due representation with our detailed position to the judicial Service Commission.
“Even more troubling is the fact that within less than 48 hours of his being remanded, the suspect was reported dead. The information available thus far, including reports of head injuries revealed at the postmortem examination, raises serious question about the treatments he received while in the custody of Police and Prison Authorities.”
The BASL has stressed that the State bears a fundamental and non-derogable obligation to protect the life, dignity and bodily integrity of all persons deprived of liberty. The judiciary and prison authorities alike are bound by law to uphold the rights of individuals under their custody and to ensure that no person is subjected to cruel, inhuman or degrading treatment or punishment.
The BASL has called the following:
1. An immediate, impartial, and investigations into the circumstances of this death that took place in custody;
2. Accountability for all those whose actions or omissions contributed to this grave miscarriage of justice, and
3 A systemic review of the exercise, of contempt powers, and remand procedures to ensure they are applied consistently with constitutional guarantees, human rights standards, and the basic tenets of fairness and proportionality.
The BASL has said: “This death is not merely a personal tragedy, it is a profound institutional failure. As Members of the Legal Profession and as Guardians of the Rule of Law, we remind all State Authorities that Justice must always be tempered with humanity and that no citizen, however humble, is expendable.”
