April 16, Colombo (LNW): Sri Lanka’s national human rights watchdog has ruled that the arrest and subsequent suspension of former Prisons Commissioner General Thushara Upuldeniya were carried out in breach of his fundamental rights, raising concerns over due process within state institutions.
In its findings, the Human Rights Commission of Sri Lanka (HRCSL) observed that the manner in which Upuldeniya was taken into custody failed to comply with established legal procedures. It further determined that his removal from official duties lacked a lawful basis, suggesting procedural lapses at multiple levels of authority.
Recommendations issued by the Commission in late March call for a thorough review of the conduct of senior investigative officials. The Inspector General of Police and the Secretary to the Ministry of Public Security have been instructed to assess the role played by the Criminal Investigation Department’s leadership and to take corrective action where necessary. Separately, the Ministry of Justice has been urged to re-examine the process through which the suspension was enforced.
The Commission has also stressed the importance of reinforcing legal safeguards, directing that a formal circular be issued to all relevant authorities reminding them to adhere strictly to constitutional provisions when carrying out arrests or disciplinary measures.
The inquiry was initiated following a complaint filed by Upuldeniya’s spouse in mid-2025, who alleged that her husband had been unjustly targeted and removed from office without proper justification, resulting in reputational harm and personal distress.
Upuldeniya had been taken into custody earlier that year in connection with allegations surrounding the release of an inmate from Anuradhapura Prison during the Vesak period. After being remanded, he was later granted bail under strict conditions, including restrictions on travel and access to prison facilities.
Concluding its review, the Commission held that the actions taken against him infringed constitutional protections relating to equality before the law and personal liberty. It has instructed the relevant authorities to implement its recommendations and report back by the end of April, underscoring the need for greater accountability and procedural integrity in the future.