The Human Rights Commission of Sri Lanka (HRCSL) has concluded that the arrest and suspension of former Prisons Commissioner General Thushara Upuldeniya violated his fundamental rights.
In a statement, the Commission noted that his detention was not carried out according to proper procedure and that his suspension from duty was imposed unlawfully.
In its recommendations issued on March 23, 2026, the HRCSL directed the Inspector General of Police and the Secretary of the Ministry of Public Security to examine the actions of the Director of the Criminal Investigation Department (CID) and take appropriate measures.
It further recommended that the Secretary of the Ministry of Justice and National Integration take suitable action regarding the suspension process. The Commission also ordered that all officials be reminded through a circular to strictly follow constitutional and legal provisions when making arrests.
The recommendations, signed by Commission Chairperson retired Supreme Court Justice L.T.B. Dehideniya and Commissioner Nimal G. Punchihewa, must be implemented and reported back by April 30, 2026.
The case was brought before the Commission following a complaint lodged by Upuldeniya’s wife, H.M.K. Herath, on June 16, 2025. She alleged that her husband had been unlawfully suspended and deliberately removed from his post without fair reason, causing injustice and humiliation to him and his family.
Upuldeniya was arrested on June 9, 2025, by the CID after a complaint from the Presidential Secretariat regarding the release of a prisoner from Anuradhapura Prison on Vesak Poya Day. The Colombo Magistrate’s Court remanded him on June 10 and later released him on bail on July 9, 2025, under conditions including a travel ban and prohibition from entering prison premises.
The Commission concluded that his rights under Articles 12 and 13(1) of the Constitution had been violated, underscoring the need for accountability and adherence to due process in future arrests and disciplinary actions. (Newswire)