Colombo, July 26, 2024 — The Supreme Court of Sri Lanka has ordered notices to be sent to the Election Commission, Justice Minister Wijeyadasa Rajapaksa, and other key officials to address a petition seeking voting rights for remand prisoners. The petition, filed by Sudesh Nandimal de Silva, a former prisoner, requests that guidelines be established to facilitate voting for those currently in remand.
The court has directed the Chairman of the Election Commission, the Justice Minister, and the Commissioner General of Prisons, among others, to present their responses by August 8, 2024. De Silva’s petition argues that under Sri Lanka’s Constitution, remand prisoners, who are presumed innocent until convicted, should be entitled to vote.
The petition references Article 89 of the Constitution, which details prisoner eligibility for voting and excludes only those convicted of crimes. De Silva asserts that there are no legal barriers preventing remand prisoners from participating in elections, highlighting that over 20,000 remand prisoners are currently disenfranchised.
Additionally, the petition cites international human rights standards, which emphasize that all individuals, including prisoners, should be treated with dignity and have access to fundamental rights. De Silva is seeking a Supreme Court order for the Election Commission to implement procedures ensuring that remand prisoners can exercise their voting rights in future elections.
The Supreme Court’s intervention underscores the ongoing debate over the electoral rights of remand prisoners and could lead to significant changes in how voting rights are managed for those in detention.
