The Committee for the Protection of Rights of the Prisoners has filed a writ of mandamus in the Honourable Supreme Court under Article 104 (U) (1) of the Constitution. The petition lists the Election Commission and its members among the nine respondents and seeks to address the systemic inadequacies that have deprived prisoners of their constitutional right to vote.
Sudesh Nandimal de Silva, Chairman of the Board of Directors of the committee, the petitioner argues that the Election Commission’s failure to establish a mechanism for prisoners to vote violates Articles 3 and 4 of the Constitution and infringes on the freedom of expression guaranteed by Article 14 (1) (a). The committee has requested the Supreme Court to direct the Election Commission to create appropriate procedures to confirm the voting rights of prisoners who meet the qualifications outlined in Article 89 of the Constitution.
The petition highlights the practical legal challenges faced by prisoners. According to the Sri Lankan Constitution, individuals serving certain sentences lose their voting rights. However, prisoners serving sentences of less than two years, those not subjected to the conditions of Article 89, and those who have received an unconditional pardon are still eligible to vote. Despite this, no mechanism currently exists to facilitate their participation in elections.
Data from the Department of Prisons shows that as of July 17, 2024, there are 30,039 inmates in Sri Lankan prisons, with 19,486 remand prisoners and 10,553 convicted prisoners. Remand prisoners constitute 64.7% of the total prison population. All these individuals, qualified to vote, are denied this right due to systemic inadequacies.
The petition underscores the importance of addressing this issue, noting that excluding eligible prisoners from voting undermines the integrity of elections and raises serious concerns about the country’s democracy. The committee urges the Election Commission to act swiftly in establishing a mechanism that allows eligible prisoners to exercise their right to vote.
