Death of remandee while in Prison custody - BASL calls for impartial probe

The Bar Association of Sri Lanka (BASL) has called for an immediate, impartial and independent investigation into the tragic death of a suspect, who was remanded and later died while in prison custody.

The BASL has also emphasised the need for accountability for all individuals whose actions or omissions contributed to this grave miscarriage of justice.

The deceased, Asanka Indunil, a resident of Embilipitiya had presented himself before the Embilipitiya Magistrate's Court as a surety for a suspect. However, during court proceedings, Indunil’s mobile phone had reportedly rung accidentally, leading to his immediate detention on charges of obstructing court proceedings. 

He was subsequently remanded for 14 days. 

“We are deeply concerned that contempt provisions have been used excessively in this

instance and would make due representation with our detailed position to the Judicial

Service Commission. Even more troubling is the fact that within less than 48 hours of his remand, the suspect was reported dead. The information available thus far, including reports of head injuries revealed at the postmortem examination, raises serious questions about the treatment he received while in the custody of Police and Prison Authorities,” the BASL statement added.

The BASL emphasised that the State bears a fundamental and non-derogable obligation to protect the life, dignity and bodily integrity of all persons deprived of liberty. 

The BASL further stated that the judiciary and prison authorities alike are bound by law to uphold the rights of individuals under their custody and to ensure that no person is subjected to cruel, inhuman or degrading treatment or punishment.

The BASL further emphasised the need for a systemic review of the exercise of contempt powers and remand procedures to ensure they are applied consistently with Constitutional guarantees, human rights standards, and the basic tenets of fairness and proportionality.

The BASL’s statement, dated May 7, 2025, was signed by its President, Rajeev Amarasuriya and Secretary, Chathura Galhena.