HRCSL finds fundamental rights violations in arrest and suspension of Thushara Upuldeniya

The Human Rights Commission of Sri Lanka (HRCSL) has concluded that the arrest and suspension of Prisons Commissioner General Thushara Upuldeniya were not carried out in accordance with proper legal procedures and that his fundamental human rights were therefore violated.

The findings were issued following an investigation conducted based on a complaint filed by Upuldeniya.

According to the Human Rights Commission, both the Criminal Investigation Department (CID) and the Secretary to the Ministry of Justice are deemed to have violated provisions of the Constitution in relation to the arrest and suspension.

The case was filed over allegations that the Prisons Commissioner General had unlawfully granted release to a prisoner by misusing presidential pardon powers.

Following a complaint from the President’s Office, the CID launched an investigation into the matter.

Subsequently, on June 9, 2025, the Cabinet of Ministers decided to suspend him from duty, stating that the investigation should be conducted impartially.

Upuldeniya was arrested on June 10, 2025, in connection with the ongoing investigation. He was later remanded in custody and subsequently released on bail.

His wife later filed a complaint with the Human Rights Commission alleging that his fundamental rights had been violated.

In its investigation, the Human Rights Commission found that the CID had failed to conduct a proper and adequate inquiry prior to the arrest. It also observed that sufficient and accurate information had not been presented to the Magistrate’s Court.

Furthermore, the Commission noted that the statements of the alleged victim were not properly investigated, and that the submission made by the Secretary to the Ministry of Justice regarding the suspension did not adequately or properly present the relevant facts.

The Commission also observed that the suspension raised legal concerns, as the official in question was the head of the department and had delegated his powers to other officers at the time.

Accordingly, the HRCSL concluded that both the CID and the Secretary to the Ministry of Justice failed to follow due legal procedure in the arrest and suspension.

The Commission therefore determined that violations of the Constitution had occurred, particularly in relation to Article 12 (right to equality before the law and equal protection of the law) and Article 13(1) (protection against arbitrary arrest and punishment).

The HRCSL has recommended that the Inspector General of Police and the Secretary to the Ministry of Public Security investigate the conduct of the CID and take appropriate action.

It has also directed that the suspension process be reviewed in light of the human rights violations identified, and that appropriate corrective measures be taken regarding Upuldeniya’s case. The Commission further requested that it be informed of the actions taken.

The HRCSL has recommended that these directives be implemented before April 30, 2026.