Suspension of Thusara Upuldeniya Unlawful: Human Rights Commission
15-Apr-2026.
The Human Rights Commission of Sri Lanka (HRCSL) has stated that the arrest and suspension of Prisons Commissioner General Thusara Upuldeniya were not carried out in accordance with proper legal procedures, and that his fundamental human rights have been violated as a result.
The Commission made this observation following investigations conducted based on a complaint submitted by Upuldeniya’s wife.
According to the HRCSL report, the Criminal Investigation Department (CID) and the Secretary to the Ministry of Justice have violated constitutional provisions in relation to Upuldeniya’s arrest and suspension.
Upuldeniya was suspended from service following allegations that he had unlawfully released a prisoner by misusing the President’s powers of granting pardons.
Following a complaint received from the Presidential Secretariat, the CID initiated investigations into the matter. Subsequently, on June 9 last year, the Cabinet decided to suspend him from duty, stating that the inquiry should be conducted impartially.
After further investigations, Upuldeniya was arrested on June 10, 2025. He was remanded and later released on bail.
Against this backdrop, his wife filed a complaint with the Human Rights Commission alleging that his fundamental rights had been violated.
Based on its inquiry, the Commission found that the CID had failed to conduct a proper and adequate investigation prior to arresting Upuldeniya.
The HRCSL further stated that sufficient and accurate information had not been presented before the Magistrate’s Court.
It also noted that statements made by the alleged affected party had not been properly reviewed, and that the claims presented by the Secretary to the Ministry of Justice in relation to the suspension were not adequate to establish the facts.
Accordingly, the Commission concluded that both the CID and the Secretary to the Ministry of Justice failed to follow due legal procedure during the arrest and suspension process.
