The Human Rights Commission of Sri Lanka has announced its findings on the petition filed by the wife of Prisons Commissioner Thushara Upuldeniya against his arrest and suspension.
Accordingly, the Human Rights Commission of Sri Lanka has concluded that the arrest and suspension of Prisons Commissioner General Thushara Upuldeniya was not carried out within the proper legal framework. The Commission points out that the arrest and suspension of Thushara Upuldeniya violated his fundamental human rights as well as the Constitution of this country.
Following a complaint filed by the Presidential Secretariat alleging that the President had misused the amnesty, the Criminal Investigation Department (CID) has initiated an investigation into Thushara Upuldeniya. Accordingly, the Cabinet meeting on June 9, 2025, decided to suspend him from his duties with the aim of conducting the investigation independently, and on the following day, June 10, he was arrested and remanded in custody.
Subsequently, Thushara Upuldeniya’s wife submitted a complaint to the Human Rights Commission in this regard. The Human Rights Commission, which examined the complaint, pointed out in its relevant report that the Criminal Investigation Department had not conducted an adequate investigation when arresting the suspect.
The Commission has also observed that there were errors in reporting the facts to the Magistrate’s Court and that the statements given by the victim had not been properly taken into account.
Expressing its views on the suspension of service, the Commission states that the facts regarding the relevant incident were not accurately and sufficiently contained in the Cabinet paper submitted by the Secretary to the Ministry of Justice.
It also states that it is questionable to debar him from work while he has delegated his powers as the head of the institution to other officers, stating that he is directly responsible.
The Human Rights Commission has ruled that this arbitrary action has violated Article 12 of the Constitution, equality before the law, and Article 13(1) of the Constitution, freedom from arbitrary arrest.
Accordingly, the Commission has made the following recommendations.
To inform the Inspector General of Police and the Secretary to the Ministry of Public Security to immediately investigate this action of the Criminal Investigation Department and take appropriate action.
Considering the human rights violations that have occurred due to the debarment process, the Secretary to the Ministry of Justice to take reasonable action regarding Prison Commissioner Thushara Upuldeniya and inform the Commission about it.
The Human Rights Commission of Sri Lanka has further recommended that all these recommendations be implemented and completed before April 30, 2026.