A/HRC/34/54/Add.2
opportunities. These conditions combined constitute in themselves a form of cruel, inhuman
and degrading treatment.
54.
Terrorism Investigation Division detainees also suffer from inhumane detention
conditions, including excessive heat, lack of ventilation, limited access to daylight and
exercise, prolonged or indefinite isolation and lack of electricity, so that some of them
spend about 12 hours a day in the dark.
55.
The Special Rapporteur visited underground detention cells in the Trincomalee
Naval Base, which were discovered in 2015. These cells would have held detainees (who
are now counted among the disappeared) in horrific conditions (see A/HRC/33/51/Add.2,
paras. 17 and 49). The Special Rapporteur looks forward to receiving the results of the
Criminal Investigations Department investigation on the fate of these individuals.
1.
Inhumane detention conditions
56.
The Special Rapporteur observed extreme levels of overcrowding, with populations
exceeding capacity by 200 or 300 per cent, such as in Vavuniya remand prison. Detainees
are forced to sleep back-to-back on concrete floors and staircases for lack of space.
57.
The crumbling infrastructure of the larger prisons in Colombo, built in the
nineteenth century, results in conditions that amount to cruel, inhuman and degrading
treatment or punishment. The Government reported that Welikada prison, one of the worst,
will be closed and a new prison, in Tangalle, is planned to be operational by the end of
2016.
58.
Congestion is largely the result of lengthy sentences for non-violent and drug-related
offences and lengthy remand periods, sometimes up to 15 years. The average delay for
State counsel to bring criminal cases before the High Court after remand ranges from 5 to 7
years. This is a serious violation of due process and presumption of innocence, and violates
the principle of provisional detention as the exception and not the rule.
59.
In some detention centres, yards are accessible to inmates throughout the day. In
others, detainees have or insufficient or no access to open areas or sunlight (i.e., 15 minutes
per day).
60.
The Special Rapporteur observed unsanitary and unhygienic conditions in cells,
lavatories and yards; at several smaller detention centres there was a total lack of toilet or
shower facilities or makeshift lavatories (bottles in the cells).
61.
Nutrition in all detention centres visited appeared sufficient, both in terms of
quantity and quality. However, in police stations detainees rely on their families to
supplement the meagre diet.
62.
In comparison to the conditions of detention for men, conditions at the female wards
of Welikada and Vavuniya remand prisons were more humane.
63.
In the Poonthotam rehabilitation centre, living conditions and other benefits, such as
vocational training and home leave, were adequate.
2.
Lack of adequate medical care
64.
In principle, medical care is provided free of charge to all inmates. Some larger or
newer facilities have infirmaries, with medical staff on duty or visiting regularly. Other
detention centres do not have infirmaries, but doctors or nurses pay weekly visits or can be
called in. If needed, inmates can be transported to hospital for care. In reality, however, all
penitentiaries visited lacked adequate health care, with no dental or psychiatric support. The
Special Rapporteur saw detainees with suspected infectious and contagious diseases who
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