Colombo, July 26, 2024 — The Supreme Court of Sri Lanka has issued a notice to the Election Commission, the Justice Minister, and several other officials to present their positions regarding a petition filed for remand prisoners’ voting rights. The court’s order follows a petition from former-prisoner Sudesha Nandimal de Silva, who seeks to establish guidelines that would enable remand prisoners to vote in upcoming elections, including the Presidential Election.
The court directed that notices be issued to the Chairman and members of the Election Commission, Minister of Justice Wijeyadasa Rajapakshe, the Commissioner General of Prisons, and other respondents involved in the case. They are required to appear before the court on August 8 to address the issues raised in the petition.
De Silva’s petition argues that remand prisoners, who are presumed innocent until proven guilty, should be afforded the same voting rights as other citizens. He cites the country’s Constitution, which upholds fundamental rights for all individuals not yet convicted of crimes. The petition also references the United Nations’ human rights charter, which emphasizes the dignity and rights of all prisoners.
The petition highlights that Article 89 of the Constitution specifies which prisoners are ineligible to vote, excluding remand suspects who have not been convicted. De Silva argues that there are no legal barriers to preventing these individuals from voting and asserts that there are over 20,000 eligible voters currently in remand prisons who have lost their democratic right.
De Silva has requested the Supreme Court to mandate the Election Commission to develop and implement guidelines ensuring that remand prisoners can exercise their voting rights in future elections.
