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Sri Lanka eyes house arrest as alternative to remand custody

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By The Pulseline News Desk

Sri Lanka is considering introducing a new law allowing certain suspects to be placed under house arrest instead of being remanded in prison, as the Government explores measures to address severe overcrowding in the country’s detention facilities.

Justice Minister Harshana Nanayakkara has said the proposed “House Arrest” legislation remained at the conceptual stage and was intended to provide an alternative to remand custody for eligible individuals.

“We are trying to introduce a Bill titled ‘House Arrest.’ Instead of someone being remanded in prison, the proposal is to place them under supervision or in home confinement,” he has said.

The proposal is among several measures being considered to ease prison congestion, which has intensified amid ongoing law enforcement operations and the arrest of large numbers of suspects.

Nanayakkara has said other measures included expediting reports from the Government Analyst’s Department, expanding prison infrastructure and introducing legislative amendments where necessary.

However, he has stressed that reducing the prison population required more than releasing inmates or constructing additional detention facilities. The justice system, he has said, must balance accountability for criminal offences with the need to ensure that individuals who do not need to remain in custody are not unnecessarily detained.

A special committee has been appointed under the direction of the President and the Justice Minister to examine the overcrowding problem and recommend practical solutions.

The Minister has also highlighted the division of responsibilities between the Justice Ministry and the Public Security Ministry, headed by Ananda Wijepala. While the latter oversees law enforcement and the apprehension of suspects, the Justice Ministry is responsible for ensuring basic humanitarian facilities for people in custody.

“Fundamentally, an increase in the number of people inside a prison itself shows that we have failed as a society,” Nanayakkara has said.

He has argued that the long-term response must address the social and economic conditions that contribute to criminal activity, particularly among impoverished young people, rather than relying primarily on expanding prison capacity.

According to the Minister, creating economic opportunities, providing pathways for rehabilitation and giving people second chances should form part of a broader strategy to reduce crime and prevent people from returning to prison.

The proposed house arrest legislation could introduce an alternative to conventional remand custody. However, its scope, eligibility criteria and implementation arrangements have yet to be finalised, as the proposal remains at the conceptual stage.

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