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Drug Control in Sri Lanka and Whether It Adheres to International Human Rights Standards

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Drug Control in Sri Lanka and Whether It Adheres to International Human Rights Standards A BROKEN SYSTEM: Drug Control, Detention and Treatment of People Who Use Drugs in Sri Lanka Ambika Satkunanathan A BROKEN SYSTEM: Drug Control, Detention and Treatment of People Who Use Drugs in Sri Lanka Ambika Satkunanathan © Harm Reduction International, 2021 ISBN 978-1-8380910-8-8 Design & Layout by Fold Media Collective (Pvt) Ltd. Published by Harm Reduction International 61 Mansell Street Aldgate London E1 8AN United Kingdom Harm Reduction International (HRI) is a leading non-governmental organisation (NGO) dedicated to reducing the negative health, social and legal impacts of drug use and drug policy. We promote the rights of people who use drugs and their communities through research and advocacy to help achieve a world where drug policies and laws contribute to healthier, safer societies. The organisation is an NGO with Special Consultative Status with the Economic and Social Council of the United Nations programme. ACKNOWLEDGEMENTS: The author would like to thank Nida Admani for providing research assistance. Particular thanks are due to Ajeng Larasati and especially Giada Girelli for their support and assistance. The author also extends her gratitude to all the interviewees for sharing their experiences and insights. This report has been produced with support from the Robert Carr Fund, as part of the Harm Reduction Consortium. Ambika Satkunanathan is an Open Society Fellow (2020-2022). From October 2015 to March 2020, she was a Commissioner of the Human Rights Commission of Sri Lanka, where she led the first ever national study of prisons. Prior to that, for eight years, she functioned as the Legal Consultant to the UN Office of the High Commissioner for Human Rights in Sri Lanka. Her research and advocacy have focused on transitional justice, custodial violence, penal reform, militarization, gender and Tamil nationalism. Her publications include contributions to the Oxford Handbook of Gender & Conflict, the Routledge Handbook on Human Rights in South Asia, and Contemporary South Asia. She is a member of the Expert Panel of the Trial Watch Project of the Clooney Foundation and a member of the Network of Experts of the Global Initiative Against Transnational Organised Crime. Ambika holds a Master of Laws (Human Rights) degree from the University of Nottingham, where she was a Chevening Scholar, and has earned bachelor’s degrees (LL.B / B.A) from Monash University, Australia. Acronyms AG – Attorney General BCGR – Bureau of Commissioner General for Rehabilitation CBC – Community Based Corrections g – gram/grams HRCSL – Human Rights Commission of Sri Lanka ICCPR – International Covenant on Civil and Political Rights IGP – Inspector General of Police JSC – Judicial Services Commission KDC – Kandakadu Drug Treatment Centre mg – milligram/milligrams NDDCB – National Dangerous Drugs Control Board NSP – Needle and Syringe Exchange Programmes OAT – Opioid Agonist Therapy OHCHR – Office of the High Commissioner for Human Rights PNB – Police Narcotics Bureau UDHR – Universal Declaration of Human Rights UNODC – United Nations Office on Drugs and Crime WHO – World Health Organisation Contents 1. Executive Summary 8 2. Introduction 20 2.1. Background and aims of the study 21 2.2. Methodology 23 2.3. Limitations of the study 23 3. Context 24 3.1. The militarised war on drugs 25 3.2. The state’s approach to drug treatment 28 3.3. State and media portrayal of people who use drugs 30 3.4. Deaths in custody and extra-judicial killings 32 3.5. Involvement of police in drug trafficking offences 34 3.6. Drug use profile in Sri Lanka 35 3.7. Statistical information on drug treatment and drug-related detention 37 3.7.1. Statistics on persons who have received drug treatment 37 3.7.2. Statistics on people convicted for drug offences 38 3.8. Drug treatment during COVID-19 39 3.8.1. COVID-19 cluster at the Kandakadu Drug Treatment Centre 40 4. International human rights standards 42 4.1. Human rights aspects of involuntary treatment 45 4.1.1. Arbitrary detention 48 4.1.2. Torture and ill-treatment 50 4.1.3. Right to health 51 5. National legal framework on drug control and treatment in Sri Lanka 54 5.1. Arrest and detention for drug offences 55 5.2. Poisons, Opium, and Dangerous Drugs Ordinance (No. 13 of 1984) 58 5.2.1. Attorney General’s instructions, May 2012 60 5.2.2. Impact of penalties imposed under Section 78 (5) 63 5.2.3. Post-indictment under Section 54A 64 5.3. Convention Against Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act (No. 1 of 2008) 65 5.4. Bail for drug offences 68 5.4.1. Poisons, Opium and Dangerous Drugs Ordinance 68 5.4.2. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 2008 72 5.5. Delays in the issuance of the Government Analyst report 72 5.6. Disposal of evidence 75 5.7. The National Dangerous Drugs Control Board 76 5.8. The Drug Dependant Persons (Treatment and Rehabilitation) Act (No. 54 of 2007) 77 5.8.1. The role of the Assessment Panel in admission and release 80 5.8.2. Use of force against people in rehabilitation centres 82 5.8.3. Official visitors to treatment centres 83 5.9. The Community Based Corrections Act 84 5.10. Legal measures taken during the COVID-19 pandemic 86 5.10.1. Instructions issued by the Attorney General, April 2020 86 5.10.2. Instructions issued by the Attorney General, May 2020 88 5.10.3. Instructions issued by the Attorney General, November 2020 89 5.10.4. Instructions to the Counsel issued by the Attorney General, January 2021 93 5.10.5. Instructions issued by the Attorney General, May 2021 94 5.10.6. Instructions issued by the Judicial Services Commission, May 2021 97 6. Drug treatment and rehabilitation in Sri Lanka 100 6.1. Centres within the purview of the National Dangerous Drugs Control Board 104 6.1.1. Findings 105 6.2. Centres within the purview of Bureau of the Commissioner General for Rehabilitation 112 6.2.1. Findings – Kandakadu Drug Treatment Centre 116 6.2.2. Findings - Senapura Vocational Training Centre 125 6.3. Drug rehabilitation in prison 129 6.4. Proposed new centres 132 6.5. Private drug rehabilitation centres 135 6.5.1. Faith-based rehabilitation centres 136 6.5.2. Other centres 144 6.6. Impact of treatment programmes 146 6.6.1. Challenges to reintegration 147 6.6.2. Gender dimension 150 6.6.3. Effectiveness of compulsory vs. voluntary treatment 152 7. The role of the UN Office on Drugs & Crime in drug rehabilitation in Sri Lanka 156 7.1. Activities of UNODC in Sri Lanka 157 7.2. Families United Programme 157 7.3. UNODC Treatnet Family 158 7.4. Compulsory drug rehabilitation 158 7.5. Reducing prison population 159 8. Recommendations 160 8.1. To the government 161 8.2. To the National Dangerous Drugs Control Board 164 8.3. To the Attorney General’s Department 165 8.4. To the Department of Police 166 8.5. To the Judicial Services Commission 166 8.6. To the Human Rights Commission 167 8.7. To civil society 167 1. Executive Summary 1. Executive Summary 1.1. Background The focus of this study is the impact of drug control, detention and treatment in Sri Lanka on the protection and promotion of human rights. This report is the first comprehensive analysis of the domestic legal and policy framework on drug control and drug treatment and its implementation. The methodology of this study is comprised of a desk review of international and national standards, laws and policies as well as interviews with relevant stakeholders, including persons who underwent drug rehabilitation in Sri Lanka, members of civil society and counsellors of the National Dangerous Drugs Control Board. Over the past decade, the government of Sri Lanka has adopted a militarised approach to drug control and treatment, with the security forces increasingly playing a significant role in the ‘war on drugs’. This includes not only participation in countering drug trafficking, but also in drug treatment and prevention. The militarisation of drug control has accelerated since the November 2019 election of President Gotabaya Rajapaksa whose election manifesto prioritised eradication of “the drug menace”1. Since then, the President has formalized the military’s involvement in many ways including the establishment of a special Taskforce to build a “Secure Country, Disciplined, Virtuous and Lawful Society”2, comprised of mainly police and military personnel mandated to “take necessary measures for prevention from drug menace (sic), and to fully eradicate drug trafficking in the country’’.3 Furthermore, the National Dangerous Drugs Control Board – the national drug control authority which manages drug rehabilitation centres – has been brought within the purview of the Ministry of Defence.4 1. Sri Lanka Podujana Peramuna, ‘Vistas of Prosperity and Splendour’, 2019, https://gota.lk/sri-lanka-podujana-pera- muna-manifesto-english.pdf. 2. ‘Presidential Task Force Appointed to Build a “Secure Country and a Disciplined, Virtuous, and Lawful Society”’, NewsWire, 03 June 2020, https://www.newswire.lk/2020/06/03/presidential-task-force-appointed-to-build-a-secure- country-and-a-disciplined-virtuous-and-lawful-society/. 3. Ibid. 4. Presidential Secretariat, Sri Lanka, “Ministry of Defence – Special Priorities”, Extraordinary Gazette No. 2196/27, 06 October 2020, http://www.cabinetoffice.gov.lk/cab/images/Downloads/functions_2020-10-06_E.pdf. Executive Summary 9 The media enables the government’s war on drugs through the negative portrayal of people who use drugs and engages in fear-mongering about the growing “drug menace’’ in Sri Lanka. People who use drugs or have a drug dependency are described using pejorative terms such as “drug addicts” and “drug traffickers” and are frequently blamed for crime and other anti-social behaviours in society.
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