Freeing Prisoners in Sri Lanka
In Sri Lanka, prisoners held in remand indefinitely are called 'no date' prisoners. While the law requires that they be given the opportunity for bail within two years, many are serving as much as three or four years without trial or a bail hearing according to Vijula Aralanantham, board chairperson of PF Sri Lanka. Responding to many requests for assistance received by staff and volunteers visiting prison, the ministry started the Prison Fellowship Legal Aid Team (PFLAT).
The PFLAT seeks to provide free legal assistance to remand
prisoners. While the team has represented some prisoners in trial, the
main focus is on making bail applications and getting people out of
prison. Upon receiving a request for assistance, the PFLAT workers
visit the prisoner to obtain details about the case and all the
necessary documentation. Once the case is accepted, the team files a
court motion to obtain bail reports and the court record. After
studying the relevant case law, they identify a lawyer willing to
represent the client in court. They will then follow-up with him/her to
discuss further steps.
This work can be difficult as many of the prisoners cannot provide
adequate instructions to the team since many of them do not even know
what charges led to their incarceration. However, the team
continues
to work while PF Sri Lanka seeks a way to make the programme
sustainable.
Recently, PF Sri Lanka has extended the legal assistance work to
Kottawa Remand Home for juveniles. Along with children accused of
crime, the facility also houses street children and abandoned children.
During a recent needs assessment the ministry found that many children
had been held for three years or longer, forgotten in the system. To
remedy the situation, PF Sri Lanka is working with UNICEF to educate
judges on the plight of these children while also locating a lawyer to
represent them in court and work for their release.
September 2008
