HRCSL finds FR violations in arrest, suspension of Thushara Upuldeniya

Colombo, April 13 (Daily Mirror) - The Human Rights Commission of Sri Lanka (HRCSL) has determined that the arrest and subsequent suspension of former Commissioner General of Prisons Thushara Upuldeniya amounted to violations of his Fundamental Rights, in connection with investigations into the alleged unlawful release of an inmate from the Anuradhapura Prison.

The Commission found that the Director of the Criminal Investigation Department (CID) and the Secretary to the Ministry of Justice and National Integration had acted in violation of constitutionally guaranteed rights during the course of events surrounding Upuldeniya’s arrest and removal from office.

The findings were issued following an inquiry into a complaint lodged by H.K.M. Herath, the wife of Upuldeniya, who alleged that her husband had been illegally arrested by the CID.

According to the HRCSL, the CID had failed to conduct a proper and thorough investigation at the time of the arrest. It was further observed that accurate and sufficient facts had not been presented before the Magistrate’s Court. As a result, the Commission concluded that the arrest did not comply with the procedure established by law, thereby violating Upuldeniya’s Fundamental Rights under Article 13(1) of the Constitution, which safeguards against arbitrary arrest.

In addition, the Commission found that the Secretary to the Ministry of Justice and National Integration had acted arbitrarily by suspending Upuldeniya without providing him an opportunity to be heard. This action was deemed a violation of Article 12 of the Constitution, which guarantees equality and protection from arbitrary administrative decisions.

This inquiry is based on an investigation into allegations that Upuldeniya aided and abetted the unlawful release of an inmate from the Anuradhapura Prison under a Presidential pardon granted during Vesak Poya.

The Commission also made the following recommendations, which are to be implemented before April 30, 2026:

1. The Inspector General of Police and the Secretary to the Ministry of Public Security should investigate this action of the Director, CID, and take appropriate action, and all officers should be informed through a circular that the provisions of the Constitution and legal provisions relating to arrest should be strictly followed.
2. In view of the above, it is observed that the Fundamental Rights guaranteed by the Constitution of Sri Lanka of the Aggrieved Party, Upuldeniya, have been violated in the legal and administrative procedure due to his suspension. Therefore, considering all the facts, the Secretary, Ministry of Justice and National Integration should take appropriate action regarding Upuldeniya, and inform the Human Rights Commission of the steps taken. 

Attorneys-at-Law Chamara Wannisekara with Dineth Baduwalage and Isuri Cooray represented former Commissioner General of Prisons.