The Hon. Arjuna Sujeewa Senasinghe, Attorney-at-Law

¶ 01 Based on the prevailing situation and the high taxes being imposed, many officials are facing severe difficulties in their lives. I believe more will leave in the future. Therefore, I request your attention to this matter. It is your responsibility—and ours—to retain skilled personnel in the Attorney General’s Department. Due to deficiencies in police investigations, the Department often cannot proceed, and many offenders go unprosecuted. Retaining competent officers is essential.

¶ 02 I discussed earlier with you about digitalizing the legal system. It should be done expeditiously. I recently had to file about four cases in the Court of Appeal and the Supreme Court, and even without paying lawyers, just the documents alone cost Rs. 60,000 to 70,000. When there are 14 or 15 respondents and a 120- to 130-page brief is prepared, it burdens the courts as well. If we can digitalize, it would help. An ordinary person simply cannot easily institute a Fundamental Rights case in the Supreme Court; typically one needs Rs. 250,000 to 300,000 to proceed. Given the current costs, an ordinary person cannot effectively vindicate fundamental rights. Therefore, I urge you to act very quickly—very aggressively—despite the obstacles. With your courage and strength, you can do it.

¶ 03 Delays of the law are another concern. I filed a defamation case, and it has been more than ten years. We will be dead by the time it finishes, and even a part of the case has not been taken up. That is just an example. Yesterday, I spoke with a mother about a partition case filed in her father’s time—still going on—30 to 50 years later. She and her children depend on that property and await a result. People are suffering.

¶ 04 The current court process is not your fault or mine, but we must set up a system to hear cases within about one and a half years. We are ready to support you. When I held ministerial responsibilities, we tried, but due to technical difficulties we could not complete it. We offer you our fullest support to pursue this.

¶ 05 I also oversaw prisons as a State Minister. I recently visited a prison and spoke with inmates. I even praised you there as a capable Minister. Truly, these people get no help. Let me convey their plight. There are individuals imprisoned 28 to 30 years for possessing as little as six grams of narcotics, while major traffickers—kilos and tons—are outside. Many have spent decades inside for very small quantities.

¶ 06 The Prisons Department has proposed that if a person sentenced to death maintains good conduct for five years, the sentence be commuted to life imprisonment; that sentences of 12 years be reduced to 20, and with continued good conduct, eligibility for release around 24 years. This is commendable. My study showed those who serve 10–15 years rarely reoffend. Many poor people go to prison; the wealthy rarely do, given how the system works. Even if we cannot entirely correct it, we should provide some relief and reduce overcrowding.

¶ 07 Similarly, someone sentenced to life or death at age 60 should be able to come out, for example, at 70 if remission applies. If sentenced at 65, then possibly released at 75, depending on good-conduct frameworks. I believe the Prisons Department has submitted proposals—please give them your attention.

¶ 08 Another matter: time spent in remand should be deducted from the custodial sentence upon conviction. Many countries do this. If a person is sentenced to 10 years but spent five years on remand (including during appeal), that period should be deducted. I believe Cabinet approved this around May last year. If implemented retrospectively, 3,500 to 4,000 inmates might be released, reducing state costs for food and other expenses. If these individuals can be rehabilitated and pose no harm, there is no issue—especially when those who have committed worse offences remain outside. Many inmates are there due to inability to pay fines. We must show compassion.

¶ 09 At Welikada, there are inmates inside for 28–30 years—over minor offences—leading difficult lives. I will forward to you the related documents indicating that this Cabinet-approved measure should be gazetted and brought to Parliament—if necessary, applying from May onwards.

¶ 10 I also visited Welikada and was pleased to see how well some areas are maintained—almost like gardens—by dedicated staff, including both women’s and men’s sections. Please look at the laundry: old British-era machines are still in use. Two work, four could be repaired with spare parts. If fixed, they could even service hospital linen in Colombo.

¶ 11 Inmates are engaged productively in two factories, including work for P.G. Martin and assembling a type of chip. I observed around 20 working on chips and about 40 on the P.G. Martin line. We could start about 20 more such industries inside prisons. Costs are lower; firms profit; inmates earn significant income—some reportedly have Rs. 500,000 to 600,000 in bank accounts. Meanwhile, many remain in prison for 3–5 years unable to pay Rs. 1,500, Rs. 5,000, or even less than Rs. 10,000 in fines. I have personally paid for some to secure release.

¶ 12 Please consider mobilizing the private sector via CSR to pay such small fines and release these inmates. Also, with private-sector partnerships, establish 10–20 industries in every prison. Earnings could offset food, clothing, utilities, and other costs.

¶ 13 Finally, the drainage system at Welikada, under the Municipal Council, remains in poor condition despite large taxes paid by the prison. Please ensure it’s properly repaired.

¶ 14 I wish you well. Unlike some others, you are working diligently and modestly. May you have the strength and courage to succeed. Thank you.