The Asian Human Commission expresses its serious concern over the conditions of overcrowding in Bogambara prison. The government should take notice of the situation and take measures to deal with the unnecessary suffering caused to the prisoners due to overcrowding. Bogambara Prison is a maximum security prison and is the second largest prison in Sri Lanka. It is situated in the city of Kandy and was constructed in 1876.
The Bogambara Prison is seriously overcrowded and according to the chief Jailor it is not possible accommodate any more prisoners. However the Kandy High Court Judge has refused bail which would relieve conditions in some small way and more and more people are being sent to the remand prison, while at the same time suspects being are being sentenced to terms of imprisonment. Despite of the overcrowding at Bogambara more prisoners are brought from Welikada as that prison is being renovated.
As early as 1986 it was noted that there were as many as 384 unconvicted prisoners per 100,000. At that time, as now, the admission of unconvicted prisoners was more than four times that of the convicted inmates.
In early December 25 prisoners went held a protest on the roof of the old Bogambara prison building. They gained access to the roof and refused to come down. Five of them remained on the roof for five days in conditions that ranged from the hot sun and heavy rain, calling for bail. As the administration and the authorities have ignored the protest, the inmates, (especially the so called terror suspects held under the PTA) have begun another fast since yesterday, 11th January 2010. They are asking to either be tried as many of them are still detained without charges or bailed pending trial.
The cells of the sentenced prisoners are also overcrowded according to the Jailers and as many as five to ten prisoners are being detained in a single cell. The jailers complain that they cannot continue providing the basic facilities to the Bogambara prisoners any longer. However the Justice Ministry wants to file action against any prisoners who campaign for speedy trial.
The Asian Human Rights Commission calls on the Minister of Justice and Law Reforms, the Honourable Milinda Moragoda to address this situation, not only at Bogambara but at all the prisons of Sri Lanka and ensure that the inmates are treated humanely and in accordance with the law. It is the Prevention of Terrorism Act that allows prisoners to be held without trial and this is aggravating the conditions of overcrowding. As the war with the LTTE is officially over there is no longer any justifiable reason to maintain this law. The abolition of this Act will alleviate many wrongs that are currently taking place in the country.
