Guidance

Information for British prisoners in Sri Lanka

Updated 30 October 2023

1. Introduction

1.1 Who can help?

The Foreign, Commonwealth & Development Office (FCDO):

The FCDO is represented overseas by its Embassies and Consulates (High Commission in Commonwealth Countries). Both employ consular officers, and one of their duties is to provide help and advice to any British National who gets into difficulty in a foreign country.

About the High Commission

We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with local regulations, and that you are treated no less favourably than other prisoners.

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British High Commission for your convenience, but neither His Majesty’s Government, nor any official of the Consulate take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

We have tried to make sure that the information in this booklet is accurate and up to date, but the British High Commission cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer.

Who are the Consular representatives?

The Consular Section consists of:

John Neil Consular Regional Operations Manager Email: John.Neil2@fcdo.gov.uk

Mary Senathirajah Vice Consul Email: Mary.Senathirajah@fcdo.gov.uk

Lorenzo Krause Pro Consul Email: Lorenzo.Krause@fcdo.gov.uk

Mary and Lorenzo will usually conduct prison visits and will be your first point of contact.

Contact Information

British High Commission
389 Bauddhaloka Mawatha
Colombo 7
Tel Nos: (+94) 11 5390651/2
Email: Colombo.Consular@fcdo.gov.uk

Working hours: Monday to Thursday, 8am to 3:30pm and Fridays, 8am to 1pm

2. First steps

2.1 Who will know I have been detained?

When a British national is arrested and detained in Sri Lanka, the authorities must inform the British High Commission. This is normally done in writing and notification from the authorities can take up to a week to reach us. We may be informed much more quickly by friends or relations, or sometimes by the police at the arresting station. We will do all we can to contact you within 24 hours of being told that you have been detained. In Sri Lanka you do not have the automatic right to make a telephone call when you are arrested.

2.2 What will my family be told?

For reasons of confidentiality we are not permitted to tell anyone that you have been detained or what the charges are without your permission.

2.3 What will the Consulate do?

British Consular Officers stand ready to do what they can to help you.

We can:

• aim to contact you within 24 hours and we will aim to visit you as soon as possible
• tell you about the prison system, visiting arrangements, mail and censorship, privileges and social and welfare services. We can pass messages to your family and tell them how to transfer money to you, without bank charges, through the Foreign, Commonwealth & Development Office in London
• provide details of local lawyers, although we cannot pay for a lawyer
• support you and to take an interest in your welfare. We can, with your permission, take up any justified complaint about ill treatment, personal safety, or discrimination with the police or prison authorities. We can ensure that any medical or dental problems you might have are brought to the attention of the prison doctor
• where appropriate, consider approaching the local authorities if you are not treated in line with internationally-accepted standards. This may include where your trial does not follow internationally-recognised standards for a fair trial or is unreasonably delayed compared to local cases

If you wish, we can also:

• pass on a message to your family. Your family can also find out what is happening to you by contacting the Sri Lanka Desk, Consular Directorate at the FCDO in London. Tel: (+44) 0207 008 1500 or Fax: (+44) 0207 008 0161
• put you in touch with a prisoner welfare charity called Prisoners Abroad

We cannot:

• get you out of prison, prevent the local authorities from deporting you after your prison sentence, or interfere in criminal or civil court proceedings
• give you legal advice, start legal proceedings or investigate a crime
• get you better treatment in prison than is given to local people

2.4 Would I have a criminal record in the UK?

You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

3. Visits

3.1 How do my family and friends arrange a visit?

If your family or friends want to visit you, they should contact the Consular Directorate at the FCDO in London to discuss before travelling to Sri Lanka. The Sri Lanka Desk Officer in Consular Directorate can be contacted on Tel: (+44) 0207 008 1500 or Fax: (+44) 0207 008 0161. If you have family or friends in country, they should contact the High Commission before visiting. It is normal for a prison guard to sit in on all visits made to you.

It is advisable to give family and friends as much information as you can about:

• what to expect on arrival in Sri Lanka
• what happens when they reach the prison

Bear in mind how different Sri Lanka is from Britain, especially for a first-time visitor who has possibly not travelled much. The ‘culture-shock’ plus the sight of you in a prison visiting area with prison officers of different ranks all around, is likely to prove a distressing experience.

3.2 How many visits am I allowed?

If you are on remand, you are allowed visits every day except Sundays. Visiting hours are 0830 – 1630. However, if you are convicted, only one visit per month is allowed. Virtual visits have being introduced and an appointment must be made via the prison’s Pre-book Visiting Portal

3.3 Consular visits

Consular staff aim to visit all detainees, whether serving sentences or awaiting trial, at reasonable intervals.

3.4 What can visitors bring?

If you are in remand, any items of food, clothing and toiletries can be brought in. But once you have been sentenced, only toiletries and reading material (censored) can be brought in. All items brought in are subject to examination.

4. Prison conditions/services

4.1 Arrival at police station

If you are arrested the police will take you to the nearest police station. A police officer will take a statement from the person and is usually recorded in Sinhalese. A detainee will be produced before the nearest Magistrate within 24 hours of the arrest and the person cannot be held in police custody beyond the 24 hour period without the authority of the Magistrate.

4.2 Arrival at prison

On arrival at the prison, you will be subject to a full body search and all prohibited articles will be taken away from you. A medical check will also be carried out by the prison medical officer to assess your current health condition.

4.3 General prison conditions

Sri Lankan prisons are extremely overcrowded. This is in part owing to the lack of facilities. The accused spend a considerable time on remand before they are formally charged or before cases are heard. Conditions within prisons are difficult because of the overcrowding and the heat.

4.4 How can I receive money?

With certain limits, we can send you money from your family. In some cases there may be a charge for this service. Family and friends can also deposit monies for you with the prison authorities for purchasing essential items. This applies only to those held in remand. See Annex A for instructions on how to send funds.

Please note that the British High Commission does not provide financial support to British nationals in prison.

4.5 Can I work or study in prison?

Once convicted, inmates are obliged to work, during part of their detention. They are trained in fields such as agriculture, masonry, carpentry, tailoring, baking, coir work, brick making, soap manufacture, motor mechanism etc. Products manufactured during such training are used to cater to the needs and orders of the Department and other institutions and prisoners are paid wages according to rules and regulations. Inmates are also allowed to pursue their studies.

4.6 Can I receive medical and dental treatment?

A medical practitioner visits all institutions on given dates to attend to the needs of the inmates. More serious medical or dental conditions will be referred to doctors in a public hospital close to the prison.

4.7 Food and diet

Inmates are served a balanced Sri Lankan meal consisting of rice, lentils, vegetables, eggs, meat or fish and fruits. Those who are unable to eat spicy food (and upon request) are given an alternative diet. If, due to medical reasons, a special diet is required, prison authorities will refer the inmate to the prison doctor, who will in turn inform the Superintendent.

4.8 Mail/parcels

All mail/parcels sent to inmates by friends or family are subject to examination. There are no limits to the number of letters a prisoner may send or receive.

4.9 Can I make telephone calls?

Every inmate is allowed a 3 minute free phone call per week, provided by the prison authorities. Mobile phones are prohibited.

Welikada Prison has telephone booths where inmates pay to use the service.

4.10 Leisure and entertainment

Prisons in Sri Lanka have very limited leisure facilities. Each ward has a TV and a library which prisoners are allowed to borrow books from.

4.11 Drugs

Possession of drugs in prison is a serious offence. If you are caught with any kind of illegal drugs you will be punished according to the Prison Penal code.

4.12 How can I make a complaint about mistreatment?

With the inmate’s permission, Consular staff can consider taking up a complaint about ill treatment, personal safety or discrimination with the police or prison authorities. If you wish to file a complaint, please write to the British High Commission or let us know during a consular visit so that we can take forward your concerns.

5. The Sri Lankan Judicial System

5.1 Is the system the same as the UK?

The structure of the system in Sri Lanka is similar to that of the UK. However, British laws do not apply in Sri Lanka and the judicial process can be awkward and slow. Sri Lanka is signatory to various international conventions including the International Covenant on Civil and Political Rights (ICCPR), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

5.2 What should happen when I am arrested?

You should be produced before a Magistrate whether you have been arrested with or without a warrant within 24 hours of being arrested. The only exception to this rule is, when a person is arrested on suspicion of committing an offence under the Prevention of Terrorism Act (PTA), in which event, the arresting officer has the power to detain the suspect for a period not exceeding 72 hours. In such instances, the Minister of Defence has the powers to issue a detention order to detain the suspect for a further period of time. In the absence of a detention order, the suspect will be produced before a Magistrate before expiration of 72 hours. However, where the Minister of Defence has reason to believe or suspect that any person is connected with an offence under the PTA, he can issue a detention order, which will enable the arresting authority to detain a person for a period not exceeding three months in the first instance, without being produced before a court. The Minister may extend the detention order from time to time for a period not exceeding three months at a time, provided however, that the aggregate period of such detention cannot exceed a period of eighteen months.

5.3 For how long can I be remanded in custody?

In general terms, where an investigation could not be completed within 24 hours after an arrest, a suspect could be detained for a maximum period of one year. In certain instances, the Attorney General can make an application to extend the period a suspect is in remand for up to two years. However, if the suspect has been arrested under the Prevention of Terrorism Act, the suspect can be held in remand until the conclusion of the trial.

5.4 What happens when I am charged?

It can take many months before the authorities conclude their investigations and for a decision to be made as regards to formal charges. Initially you can be held for 14 days without charge, but the Magistrate can extend this as long as you are presented before the court every 14 days. Even when a date has been set for trial, the trial can be a very lengthy process and is likely to take much longer than a similar trial in the UK.

There are both jury and judge without jury hearings in Sri Lanka. Jury hearings are limited to the most serious offences, namely, murder, attempted murder, rape or causing injury through explosives (punishable under the Offensive Weapons Act) and offences against the State. Even in those instances, the accused retains the right to elect if he/she is to be tried by a jury or by a judge without a jury. Trials could extend to several sittings per case going into months or even years. Hearings don’t generally proceed from day to day, unless the trial is by jury, in which event the trial will proceed on consecutive dates until conclusion and verdict.

As in the UK, the accused is presumed innocent and the burden of proof rests on the prosecution. There is no obligation on the part of the defendant to adduce evidence in his defence. The degree of proof required for a conviction is proof beyond reasonable doubt as in the UK.

5.5 What provision is there for bail?

There is a bail system in Sri Lanka. The only non bailable offences are those that are punishable with death or life imprisonment.

Minor offences such as theft and minor injury will result in detention as in the UK and are bailable offence.

Serious offences such as murder, drug trafficking, offences against the State and crimes related to the abuse of children are non-bailable and convicted offenders are likely to face lengthy prison sentences.

The conditions and amount of bail can be decided by the police officer in charge of the case or by a Magistrate. It is normal to require a Sri Lankan guarantor for all bail bond applications.

5.6 What kind of legal assistance is available?

Legal aid is not available for those arrested for minor offences and for offences tried in the Magistrates Court. It is only available for offences tried in the High Court and on indictment. Legal aid is also available for cases heard in an Appeal Court.

5.7 What happens at the trial?

Based on the offence charged, the accused may be tried by a jury or by a judge without a jury (please see “What happens when I am charged”). There may be several sittings per case. The period of trial could be lengthy and delays are due to numerous factors ranging from, the nature of the charge, the facts of the case, the volume of evidence, the ability to secure the attendance of witnesses, the efficiency of judges and attorneys etc. It should be noted that in a significant number of instances, delays are due to postponements sought by defence counsel. At times such delays are also due to a change in the judge or transfer of the case to another court.

5.8 Sentences

Sentences vary greatly in Sri Lanka from 2 weeks to life imprisonment and will depend on the seriousness of the crime. Your legal representative will be best placed to advice on length of sentences and on the appeals’ process.

5.9 How can appeals be made?

You have the right to appeal from the Magistrate Court to the High Court; from the High Court to the Appeal Court and from there to the Supreme Court. This can take anywhere between a month to 10 years.

5.10 What provision is there for reduction of sentence (remission) e.g. for good behaviour?

All prisoners are allowed a normal remission of one third of their sentence for good conduct and undertaking work.

5.11 What provision is there for early release e.g. on parole?

Depending on the nature of the case and your family circumstances, a presidential pardon could be requested by your legal representative.

5.12 What provision is there for clemency or pardon?

Convicted prisoners serving long term sentences are able to apply for a presidential pardon, while those serving shorter terms are sometimes released on account of special occasions like Independence Day and to mark religious days.

5.13 What about any financial penalties?

Fines may be charged for all offences, except for murder.

5.14 Is transfer to another prison within Sri Lanka possible?

If you have been tried and convicted, you can apply for a prison transfer complete your sentence in the UK, but the permission for transfer depends upon the prison authorities. They would take into consideration the detainees’ security clearance, type of offence and conviction.

5.15 Is transfer to the UK a possibility?

The UK has concluded a Prisoner Transfer Agreement with Sri Lanka which enables British Nationals serving sentences in Sri Lankan prisons to transfer to serve their sentences in a prison in the UK.

5.16 What are the procedures for release and deportation?

After a prisoner is granted bail by the court, the bail bond will be sent to the prison authority who will verify the bail bond and the prisoner will be released after verification.

If a person stays longer than their visa allows, then they will also be liable to a fine, possible detention and deportation.

Authorities will only consider deportation if the person is a danger to the country.

5.17 Plea bargaining

Not available in Sri Lanka.

6. Additional Information

6.1 Details on prisons and prison conditions

Sri Lankan prisons are extremely overcrowded. This is in part owing to the lack of facilities. The accused spend a considerable time on remand before they are formally charged or before cases are heard. Conditions within prisons are difficult because of the overcrowding and the heat. However, inmates do receive appropriate medical attention and are provided with a balanced diet.

The Department of Prisons operates 60 institutions island-wide under the centralised management of the Commissioner General of Prisons at the Prisons Headquarters, Colombo. The contact details for Prison Headquarters are –

Danister de Silva Mawatha
Colombo 9
Sri Lanka
Tel : +94 11 2691976; 4677177
Fax : +94 11 4677180
Email : prisons@sltnet.lk

The number of institutions under the Department of Prisons includes:

• 3 closed prisons (high security prisons with high walls)
• 16 remand prisons (very similar to a closed prison)
• 28 prison lock-ups (the accused are taken to these institutions straight from the police station and some remain there while on remand)
• 6 work camps (prisoners are allowed outside the prison for cultivation work)
• 2 open prison camps (low level security institutions which houses prisoners who have committed lesser crimes or those who do not wish to enter back into society)
• training school for young offenders
• rehabilitation centres for drug addicts
• correctional centres for young offenders

The closed prisons are Welikada (Colombo), Pallekelle (Kandy) and Mahara (Gampaha). These institutions hold convicted prisoners and accommodate remand prisoners due to overcrowding in other prisons.

The other main institutions are situated in Matara, Galle, Anuradhapura, Negombo, Badulla, Tangalle, Batticaloa, Trincomalee, Jaffna, Kalutara and comprise mainly of remand prisoners.

6.2 Prison population

In Sri Lanka the prisons are congested. For example, Welikada prison which is designed to accommodate 1500 prisoners, houses more than 4000 inmates at present. Inmates do not have separate cells. There are no beds. They are given a mattress to sleep on and are housed in dormitories, which can contain up to 25 inmates. The dorms can be very hot, as there are no fans and they are often infested with mosquitoes.

6.3 Female prisoners

There are no separate institutions exclusively for women. However, some of the large prisons have a women’s section staffed by female attendants. All long-term female convicts are transferred to Welikada prison in Colombo, where there is a separate female wing. Mothers with infants are allowed to keep their children in prison and a pre-school program was established to provide child care during daytime hours.

Some of the institutions that have a women’s section are – Welikada Prison (Colombo), Pallekelle Prison (Kandy), Galle, Negombo, Badulla, Tangalle, Batticaloa, Trincomalee, Jaffna, Anuradhapura and Kalutara

6.4 Religious facilities

Buddhist, Hindu, Catholic and Islamic priests visit the prison and conduct religious programmes periodically.

7. Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• writing to a pen pal
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK
Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098
(Mondays to Fridays 9.30 am to 4.30 pm, UK time)
Email: info@prisonersabroad.org.uk
Website: http://www.prisonersabroad.org.uk