Unable to cope with the horrific and reprehensible conditions of the prisons, powerful prisoners on the lookout for better facilities, get admitted to the prison hospital unethically. 
Though it has been surmised through several incidents that influential prisoners receive preferential treatment in prisons it was only recently that a politician came into the limelight by exposing the ongoing corruption in prisons. 
Disclosing the mafia in prisons purportedly perpetrated by prison doctors MP Hirunika Premachandra told parliament last month that several doctors had a hand in giving unlawful special treatment to prisoners. 
Pointing out how this malpractice was a contravention of the prison ordinance she said that the genuinely ill were disregarded.   
She thus accused Dr. Lakshman Jayamanne, the Medical Officer in Charge and Dr. Malinda Wanigasekara of the Prison Hospital. The prison medical staff falls under the purview of the Health Ministry and currently there is an inquiry against them. 
According to the performance report of 2015 there are 20 employed medical officers in the Department of Prisons though there are 40 approved posts. There are 17 registered/assistant medical officers as well.   
Ms Premachandra revealed the fraudulent nature of certain prison doctors who allegedly made money out of it. She noted how mobile phones and related accessories were in the possession of prisoners and how fake medical reports have been prepared. 
Citing an example, she pointed out how a prisoner who was deemed ‘fit to go’ after completing his one year prison sentence (which he had allegedly spent at the prison hospital) had been given a medical report stating he was sick when he was re-imprisoned the same day.   
According to her an MP had been given a medical report without an ECG stating that he had a grave heart disease. 
Another politician had been given a mattress for a testicular disease. She remarked that there was a furnished room with an attached bathroom, a mosquito net and bed in the new magazine prison allocated for politicians serving their term in prisons. 
Certain parties have challenged the accuracy and ethicality of these statements. A retired commissioner, who accepted the occurrence of corruption within prisons told us that the MP had made a mockery of State service and it is not possible for the Prison Commissioner to reveal confidential medical records.  

‘Doctors are given hampers and foreign trips in exchange of medical reports’

-Lionel Weerasinghe- Retired Commissioner General of Prisons

“Just like other institutes there is corruption going on in prisons. Prisons are built to accommodate those of the lower classes as most prisoners are from those strata of society. But when the elite, middle class people, businessmen, and politicians come, they don’t find the facilities they have been accustomed to. Naturally they look for means to get those facilities,” said Lionel Weerasinghe, a retired Commissioner General of Prisons.   
Elaborating on how prisoners are admitted to the prison hospital he said that those who complained of an ailment when being admitted to prisons were referred to the prison doctor who decided whether the prisoner should be hospitalized or sent to the cell. “If the judiciary recommends medical treatment then the person is directly admitted to the prison hospital. The prison hospital does not have specialised clinics. So when the necessity arises for specialised treatment they have to be directed to the General Hospital,’ he said.   
According to the Prison Ordinance the medical officer, assistant medical officer and apothecary are under the supervision and control of the Director-General of Health Services. The medical officer is supposed to furnish ‘full particulars of every case of compulsory or artificial feeding carried out by him’ to the Superintendent and the Director General of Health Services. However Weerasinghe charged that these proceedings did not take place.   
He noted that through the prison ordinance doctors have the total authority of ensuring prison healthcare. “Doctors are supposed to update their journal daily. I don’t think it is maintained, which is why such corruption takes place,’ he said.   
When a case requiring special attention is brought before a medical officer he should report the case and the recommendations in writing to the Superintendent. When we asked Weerasinghe if politicians received preferential treatment he replied that this was a time when doctors were given hampers and foreign trips in exchange of medical reports.   

"Our Prison Ordinance was amended several times under the British governance. But after we gained independence there has not been even six amendments. The population of the country has increased. Our way of life has changed. But the ordinance remains almost unchanged,’ he added"

Labouring prisoners are supposed to be examined from time to time by the medical officer. The medical officer should enter the names of any prisoner who are unfit to work in the medical journal. This raises doubts as to whether influential prisoners attempt to avoid labour through the doctor’s prognostic. “The prison sentence of certain inmates include hard labour. Today, prison labour includes training and production unlike in the past. In regional prisons inmates do domestic labour, whereas you find organised labour in the Welikada, Bogambara and Mahara prisons. We don’t make prisoners clean drains or cook in the kitchen. ‘Labour’ is humane though the verdict states ‘hard labour’,” he said.   
Stating that the causes for giving preferential treatment were deeper and not apparent as one thought he said there were serious flaws in the justice system as the remand population is much higher than the number convicted. “The delay in providing justice is a serious issue. The increased number of remand prisoners point out that there is something wrong somewhere in the justice system. Most people have a punitive attitude. Due to this punitive mentality cases get piled up and results in overcrowding. Due to the condition of the prisons its officers focus on maintaining prisons than developing them. This is why one group is forced to look for facilities,” he said.   
“Our Prison Ordinance was amended several times under the British governance. But after we gained independence there has not been even six amendments. The population of the country has increased. Our way of life has changed. But the ordinance remains almost unchanged,’ he added. 

‘If there is a complaint against a doctor, he cannot proceed with his work until he is proven not guilty’

-MP Hirunika Premachandra

Speaking to Daily Mirror MP Hirunika Premachandra said that Dr. Malinda Wanigasekara has been transferred to the National Cancer Hospital in Maharagama, while no action has been taken against the other doctor who allegedly has a rape case and a maintenance case levelled against him. “I got all the information pertaining to these allegations by mid-November. Thereafter I investigated the matter and was able to find out details about the prison, prison hospital, prison doctors and the prisoners,” she said.   

"I got all the information pertaining to these allegations by mid-November. Thereafter I investigated the matter and was able to find out details"

 “According to the doctors’ ordinance if there is a complaint against a doctor, the doctor cannot proceed with his work in any hospital until he is proven to be not guilty. However one doctor is still working at the Welikada prison hospital. I am very perplexed. I don’t know who is helping him. Most of the doctors are with this doctor. So he is free,” she added.

‘VIPS have been receiving preferential  treatment based on medical recommendation for the past 25 years or so’

-Wijedasa Rajapakshe- Minister of Justice 

Minister of Justice, Wijedasa Rajapakshe admitted that VIPs have been receiving preferential treatment based on medical recommendation for the past 25 years or so. “According to the constitution all are equal before the law. But regrettably, we have observed how certain VIPs have received ‘different’ treatment at prisons based on medical recommendation,” he said.   
Stating that there were two aspects to the malpractice he said, “When prison doctors conduct themselves in such a manner people lose confidence on the entire judiciary. Secondly, the integrity and dignity of the medical professionals are lost.”   

"When prison doctors conduct themselves in such a manner people lose confidence on the entire judiciary"

“On the other hand if a medical doctor says that an inmate is in need of medical attention others can’t deny it as he is specialised in that field,” he said. He added that if prison authorities denied a doctor’s recommendation and if the prisoner’s condition became severe as a consequence, the prison authorities would fall into trouble. He also said prison doctors may have the opportunity to give preferential treatment because there was no one above him in the hierarchy.   
“It is now high time for the Prison Ministry, the Justice Ministry and the Health Ministry to come together and formulate guidelines and regulations to be followed,” he said.   

‘Since the inquiry is pending I cannot state that certain individuals have been given such treatment’ 

-D. M. Swaminathan- Minister of Prison Reforms

Commenting on the allegations made by MP Hirunika Premachandra that there is a furnished room in the new magazine prison allocated for politicians,  the Minister of Prison Reforms D.M. Swaminathan,said, “As public servants and MPs we are bound and committed to uphold the Constitution of Sri Lanka and no prisoner is given preferential treatment. With regard to MP Premachandra’s allegations there is an ongoing inquiry which is conducted by prison authorities. I was briefed by the prison authorities that even MP Premachandra was made aware of this inquiry and that the prison authorities requested an appointment from her to obtain a statement from her and so that she too can share the information that she has with the prison authorities, with regard to these allegations.”   

"As public servants and MPs we are bound and committed to uphold the Constitution of  Sri Lanka"

“Since the inquiry is pending I cannot state that certain individuals have been given such treatment since it has not been proved. However, if the inquiry finds evidence to that effect we will definitely take action against officials who have given preferential treatment to prisoners. Only after the report is handed over to me, I can speculate on the course of action that will be taken,” he said when asked about measures to prevent preferential treatment. 

 ‘We are very disappointed about the comments made by certain politicians’

-Samantha Ananda- GMOA Media Spokesman  

Samantha Ananda, the media spokesperson for the Government Medical Officers Association (GMOA) said that an independent inquiry free of political influence should be conducted to look into the veracity of the allegations instead of solely accusing doctors without credible facts. “It is unfair by the doctors to face such criticism because, as far as we know, doctors in the prison hospital do a very difficult job with minimum facilities,” he said.   
“Prisoners have various kinds of diseases. Doctors need to take extra precautions when handling them as some may act differently,” he added.   
Stating that the doctor’s duty was to examine the patient and treat any detected diseases he said, “If a doctor gives saline to a prisoner one might see that as preferential treatment. But it is the doctor who has the specialised ability to detect whether saline should be given. A lay person should accuse a doctor publicly of malpractice after informing the responsible authorities and getting their opinion on it.”   
“As a union we are very disappointed about the comments made by certain politicians. If doctors refuse to work in prison hospitals these politicians should be held responsible,” he added. 

Acting Director General of Health Services

-Dr. Jayasundara Bandara

Dr. Jayasundara Bandara, the newly appointed Director General of Health Services said that all prison doctors are appointed by the Ministry of Health. “Prison doctors, nurses and other medical services should be provided and regulated by the Ministry of Health. There is a directorate called prison health welfare,” he said.   
He said that the ongoing inquiry regarding two doctors was not related to the regulation of health services but rather to the misuse of medical supplies etc.  

‘The allegations are all rumours’ 

-Thushara Upuldeniya- Prisons Media Spokesperson

Thushara Upuldeniya, Prisons Media Spokesperson said that prisoners were admitted to the prison hospital based solely on the doctor’s recommendation. “Some prisoners need special treatment under medical grounds. So they are under the special observation of the medical staff. If the prison doctor can’t manage that patient then he will be directed accordingly,” he said.   
When asked about politicians being given special treatment he said that the allegations were all rumours.