The Hon. Harshana Nanayakkara, Attorney-at-Law - Minister of Justice and National Integration
Minister Harshana Nanayakkara explained that prisoners transferred to Sri Lanka after sentencing abroad remain subject to the transfer agreement and the sentencing country’s law, so local statutory remission cannot be applied unless the foreign documentation permits it. He noted that some countries provide clear remission or time-served details, while unclear documentation can result in the full foreign sentence continuing after transfer. He said the issue lies in treaty and documentation requirements rather than the Prisons Department, and undertook to examine standardizing procedures to ensure eligible remission or time served abroad is properly credited.
Verbatim record (translated)
Machine-translated from Sinhala / Tamil / English¶ 01 Thank you. This is important. When a person is sentenced abroad—for example, to ten years—the commitment papers state that term. In Sri Lanka, domestic prisoners may receive statutory remissions. But for transferred prisoners, we are bound by the transfer agreement and the sentencing state’s law. Our prison authorities cannot apply local remission to a foreign-imposed sentence unless the documentation explicitly provides for it.
¶ 02 Some jurisdictions (e.g., the UK) indicate in documentation how remission operates, allowing us to implement it here. The difficulty arises when foreign documentation does not set out remission or time-served details clearly, leading to continued running of the full foreign sentence post-transfer. This is not a Prisons Department lapse but a treaty/ documentation issue; we will look into standardizing requirements and clarifying procedures so that eligible remission/time-served abroad can be properly credited in Sri Lanka.
Provenance
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- Hansard, Wednesday, 18 June 2025 ·No. 1751280704002343 ·English daily/uncorrected Hansard
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Cite as: The Hon. Harshana Nanayakkara, Attorney-at-Law - Minister of Justice and National Integration. 10th Parliament, Parliament of Sri Lanka. Hansard, 18 June 2025. No. 1751280704002343. Politick, https://staging.politick.io/lk/speeches/6800