• 82 organisations and individuals complain to HRCSL for call for urgent action

Over 80 organisations and individuals representing persons with disabilities in Sri Lank have written to the Sri Lanka Human Rights Commission on the need for urgent action to ensure safety and human rights of individuals in residential mental health treatment.

The compliant follows recent incident on 25 July 2023, involving the tragic death of a patient under treatment at the National Institute of Mental Health which garnered significant media attention. This unfortunate event has highlighted the concerning experiences faced by individuals with mental illness undergoing treatment in hospitals. 

“We, as representatives of organisations supporting the rights of persons with mental disabilities, have consistently brought such issues to the media’s attention in the past, urging relevant authorities to address them. However, our appeals have remained unanswered, and it is within this context that we mourn the untimely passing of Osmi Nanayakkara,” the grouping said. 

Their complaint to HRCSL was a crucial step to defend the rights and safety of individuals receiving treatment in mental health hospitals.

They said as the principal institution responsible for providing residential mental health services in Sri Lanka, the National Institute of Mental Health bears the crucial responsibility of ensuring the safety and wellbeing of its patients, even in cases where patient consent may not be attainable. 

However, it is with deep regret that we highlight certain observations made during a meeting with the Director of the National Institute of Mental Health.

“Our concerns are twofold. Firstly, we have noticed instances where individuals accused of violence against patients receive lenient treatment, and the institutional administration neglects to take adequate action against them. Moreover, the concealment of such abusive incidents from the patients’ families further compounds the issue. Secondly, we bring attention to the lack of a clear and accessible mechanism for patients to report violence and abuse, thus leaving them vulnerable and without recourse,” they said.

They also expressed sincere appreciation to the Sri Lanka Human Rights Commission for swiftly conducting an inspection at the National Institute of Mental Health in response to the complaint, signifying their commitment to upholding human rights.

Following is the text of the letter copies of which had been also sent to Ministry of Health Secretary, Ministry of Health Director General of Health Services, Ministry of Health Deputy Director General (Non-Communicable Diseases), Ministry of Health Director (Mental Health) and the media.

“We hope this letter finds you in good health and high spirits. We, as organisations and representatives representing persons with disabilities in Sri Lanka, are writing to bring to your attention a matter of utmost concern that requires urgent intervention and action from the Sri 

Lanka Human Rights Commission.

“Recent reports in the media have shed light on a deeply tragic incident that took place on July 

25, 2023, resulting in the death of an inpatient at the National Institute of Mental Health. Our heartfelt gratitude goes out to the Commission for promptly visiting the National Institute of 

Mental Health and conducting an inspection in response to this distressing event.

Regrettably, even before this incident gained media attention, we have received numerous accounts of similar distressing experiences faced by people undergoing residential mental health treatment in hospitals. Our organisations have diligently communicated these concerns to the relevant institutions, urging them to take necessary measures to prevent such atrocities in various cases. Unfortunately, these requests have remained unanswered, and it is against this backdrop that Osmi Nanayakkara’s tragic demise occurred. 

“We earnestly appeal to the Sri Lanka Human Rights Commission to step in and safeguard the rights and safety of individuals living with mental illness while undergoing treatment in hospitals.

As the primary institution responsible for residential mental health services in Sri Lanka, the 

National Institute of Mental Health is entrusted with the safety and well-being of its patients. 

However, we have observed that the institution, being a public entity, has fallen short of upholding fundamental human rights enshrined in the Constitution of Sri Lanka and the principles for the protection and improvement of mental health services for individuals with mental illness, as laid out by the United Nations General Assembly convention three decades ago. This disregard for the United Nations Convention on the Rights of Persons with Disabilities is deeply troubling, and we implore the Commission to take urgent action to prevent further persecution and violence against persons with mental illness.

“Based on our observations and gathered information, we wish to bring the following issues to the Commission’s attention, as we believe they contribute to the escalating incidents of abuse:

1. The institutional administration often shields individuals accused of patient-related abuses and conceals such acts from the patients’ relatives. (In the recent incident, the patient’s family was informed by the institute that the patient died after slipping and falling in the bathroom.)

2. Incidents reported to the Judicial Medical Officer or the police tend to result in disciplinary actions against only junior staff members, while those higher in rank, responsible for dereliction of duty, remain uncharged and immune from disciplinary action.

3. The lack of a formal regulatory system for patient safety in the institution enables the institutional administration to overlook complaints made by patients, leading to the mistreatment and control of patients in a casual manner.

“In light of these distressing circumstances, we urgently request the Sri Lanka Human Rights 

Commission to actively intervene and protect people suffering from mental illness from further abuses in residential mental health facilities. Our specific appeals are as follows:

• Conduct a thorough human rights investigation into the officials responsible for the untimely demise of Mr. Osmi Nanayakkara.
• Establish a simple and accessible system through which individuals experiencing mental illness can report instances of violence to an independent body.
• Undertake periodic, unannounced inspections of patients’ rights and safety in residential mental health care facilities.
• Provide comprehensive guidance to the relevant responsible parties on ensuring the safety of individuals undergoing long-term residential mental health treatment.

“We firmly believe in the capabilities of the Sri Lanka Human Rights Commission to take prompt and effective measures in addressing these critical concerns. Your intervention will not only safeguard the basic human rights of citizens living in Sri Lanka but also uphold the principles of justice and compassion for individuals with mental health challenges.

“The concerned organisations and individuals who compliant to the HRCSL were Consumer Action Network Mental Health Lanka, TCI Global Focal Point to Sri Lanka Chintha Janaki Munasinghe,

Wellassa Organisation of Persons with Disabilities, Nawasahana Swashakthi Organisation of Persons with Disabilities, Dewpura Swashakthi Organisation of Persons with Disabilities, Mulatiyana Dilena Tharu Swashakthi Organisation of Persons with Disabilities, Galle – Kadawath Sathara Swashakthi Organisation of Persons with Disabilities, Mathota Swashakthi Organisation of Persons with Disabilities, Sahan Eliya Organisation of Persons with Disabilities – Angunakolapelessa, Southern Province Deaf Forum, District Federation of Persons with Disabilities – Matara, Consumer Action Forum – Hambantota, Suwa Diwi Arana – Hambantota, Nawasahana Deaf Organisation, We for Rights – Kandy, District Federation of Persons with Disabilities – Puttalam,  Nandani Athgamage, Jeewan Kodithuwakku, Darshana Karunathilaka, V.P. Shriani Dhammika, Dulan A. Silva, Wasantha Bodhigama, V.P. Ranjani, V.A. Chandrasena, S.K. Wimala, Wasantha Bodhigama, D.L. Deepa DayaniSudipa Karunaratne, A.D. Jayanthi,  Thalawe Gunarathne, D.V.N. Malkanti,  K. Sunil, L. Nalani, M.W. Sanduni, Piyatissa de Silva, Lahiru Sampath, M.R.A. Munsif, N.M. Najath, H.J.K. Renuka, G.H. Madhusha Nilani, N. Nadika Nishamani, H. Niranji Rajika, K. Kelum Chinthaka, H.B. Pradeep Chandra Kumar, G. Pushpa Kumara, M.A.M. Yeesh, Sathika Nilangani, Priyangani Sudusinghe, F. Risnia Begum, J.K. Dayarathne, Sarath Jayasiri, H. Saduni Disnika, B.G. Ayesha Dimuthu, M.S.A. Rafi, Kusumsiri Paththinige, K. Premadasa, L.G. Shiromi Deepani, K.O.G. Kamalawathi, K.L.A. Saman, R.K. Gunadasa, Leela Gamage, S.P. Ranjani, Janaka Pushpa Kumara,. Anula Sachini, Indunil Rathuwaduge, M.N. Siththi Azmia, P. Palika, Amara Siriwardena, Sujeewa Niyomali, Nihal Samarakoon, Nihal Koswatta, M.W. Malani, M.S. Fathima, M. Arif, Tushani Priyanka Jayasekara, Gayani Dissanayake, P.G. Kelum Nishantha Parapitiya, Kelum Indika Samarawickrama, R.M. Lalith Wickramasinghe, T.P. Dinesh Kumara, M. Suranga Deepal and D.M.K.S. Kumara.”

Focus on expanding mental health services in WHO  South-East Asia Region