Prisoners file FR against sentencing

By Susitha R. Fernando

Fourteen prisoners, including those who are on death row and facing life imprisonment, filed a fundamental rights application in the Supreme Court yesterday seeking to commute their imprisonment period.

They stated that according to prison rules, prisoners facing a life sentence could have their term commuted to twenty years imprisonment considering their good conduct. According to the Constitution the President is empowered to commute such imprisonments.


This is done on the report issued by Superintendent of Prisons to the President once in four years, they said.

In 1997 the then President had directed that prisoners convicted and sentenced to life imprisonment or death penalty, which would not be put into effect, to undergo 20 years imprisonment or at least for their imprisonment to be reduced. Following this direction the issuing of reports ceased.

The prisoners complained that the President’s decision was arbitrary and unfair and in protest they carried out hunger strikes in several prisons. Subsequently a committee was appointed to look into the issue and certain recommendations were made.

However in 2002, 23 prisoners convicted to life imprisonment had their sentences commuted, the prisoners complained.

The fourteen prisoners asked court to declare that their fundamental rights have been violated and to direct the Justice Minister to enforce the recommendation made by the committee appointed to look into their grievances.

The convicted prisoners at the Mahara and Welikada prisons filed the application citing the Commissioner General of Prisons Major General Vajira Wijegunawardena, Superintendents of Prisons in Mahara and Welikada, Secretary to the Ministry of Justice, Suhada Gamalath and Attorney General as respondents.