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Detained citizens are innocent until proven guilty: Sabry

08 Oct 2021

When citizens are detained or prosecuted, they are assumed to be innocent until they are proven guilty of an offence, Minister of Justice Ali Sabry stated. He made this remark while responding to a question posed to him during the Ada Derana Hyde Park programme which detailed the specifics of the amendments which would be made to the existing Prevention of Terrorism Act (PTA). During the interview, Sabry stated that the existing PTA needs to be amended in a way that strikes a balance between freedom and national security. Responding to how the Government intends to address local and international concerns regarding the PTA, Sabry added that the Government is looking at amending bail and detention provisions in the act to ensure more access to courts for detainees. When queried as to how Sri Lanka plans on engaging with the international community and addressing their demands and requirements, Sabry said that Sri Lanka needs to be an equal partner in the international arena, further stating that there are responsibilities and privileges and Sri Lanka will not compromise national interests and security. The Minister of Justice also clarified that the existing PTA had been put forward in 1979 and that "times have changed", and therefore, it must be amended to accommodate better human rights in terms of respecting the freedom of citizens. He also said that in regards to custodial deaths, he had brought out a law to Parliament in terms of which every magistrate is required and empowered to visit places of detention within his jurisdiction, further mentioning that the magistrate can assess the conditions of the prisoners within the place of detention. Furthermore, Sabry stated that several discussions have been had with the Minister of Public Security and the Inspector General of Police (IGP) for the need to have proper mechanisms, where the police will be equipped with a body cam so that no contradicting statements can be made and all proof will be recorded. He also emphasised that as a state, laws and rules must be held with utmost importance and an extremist or terrorists can only succeed once, whereas the Government and police needs to ensure that they are ahead of the game and much needed amendments to the laws are put in place to ensure national security is held high. In conclusion, Sabry stated that amendments to the laws is a cumbersome process as there are diverse views where one party talks about "freedom", whereas another party talks about "freedom for the law to be implemented", resorting to finally saying that what the Ministry of Justice wants is a "balance" where the powers which have been given lawfully are not abused, further stating that the amendment to the PTA will be a long term process to ensure an efficient and efficacious judiciary.

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