The Cabinet of Ministers has approved a proposal to enter into an agreement between Sri Lanka and the Republic of Poland to facilitate the transfer of sentenced persons between the two countries.
The proposal, submitted by Minister of Justice and National Integration Harshana Nanayakkara, seeks to establish a formal mechanism through which Sri Lankan nationals convicted and imprisoned in Poland could potentially return to Sri Lanka to serve the remainder of their sentences, while Polish nationals convicted in Sri Lanka could be transferred to Poland to serve their sentences there.
The proposed agreement is intended to support the social rehabilitation and reintegration of convicted persons by allowing them, subject to the applicable legal requirements and the consent of the relevant authorities, to serve their sentences closer to their home communities.
Sri Lanka's Transfer of Offenders Act, No. 5 of 1995 provides the legal framework for such transfers. Under the Act, a transfer may take place where an agreement exists between Sri Lanka and the relevant country. Among the conditions are that the conviction is final, the prisoner has more than six months remaining on the sentence, and the offender consents to the transfer. Both the Sri Lankan authorities and the authorities of the other country must also agree to the transfer.
The proposed Sri Lanka-Poland agreement would therefore create a bilateral framework for implementing such transfers and strengthening cooperation between the two countries in criminal justice matters.
The move is also consistent with the broader international practice of using agreements on the transfer of sentenced persons to promote rehabilitation while ensuring that sentences imposed by courts continue to be enforced.
The proposal now provides the basis for Sri Lanka and Poland to proceed with negotiations and the formalisation of the agreement, subject to the applicable procedures of both countries.
