Opposition Leader Sajith Premadasa has briefed representatives of diplomatic missions and international organisations on concerns over the Government’s proposed security Legislation, including the Prevention of Organised Crimes Bill and the Protection of the State from Terrorism Bill.
The meeting was held at the Office of the Opposition Leader in Colombo on 25 October. President’s Counsel M A Sumanthiran and other serving and former Parliamentarians also expressed concerns about the proposed Legislation and its potential impact on Fundamental Rights (FR) and the rule of law. The discussion focused on Constitutional safeguards, judicial oversight and the need to ensure that laws intended to combat terrorism and organised crime do not undermine civil liberties.
Premadasa said the Parliamentary Opposition had a responsibility to scrutinise Legislation, protect independent institutions and ensure that the exercise of Executive power remained within Constitutional limits. He also stressed that action against terrorism and serious organised crime should be accompanied by effective judicial oversight and respect for FR.
Particular attention was given to the Human Rights Commission of Sri Lanka’s (HRCSL) statement issued on 21 October regarding the Prevention of Organised Crimes Bill. The HRCSL assessed the proposed Legislation as “wholly incompatible” with the FR Chapter of the Constitution and Sri Lanka’s international human rights obligations. It also warned that the Bill could be more draconian than the Prevention of Terrorism (Temporary Provisions) Act of 1979.
The HRCSL identified several provisions that it said could affect FR, including the admissibility of confessions made to senior Police officers, Executive detention orders and the broad definition of “serious crime”. It also raised concerns about the use of factors such as clothing, tattoos and associations when determining the alleged membership of criminal groups, as well as provisions that could restrict judicial discretion over remand and bail.
The HRCSL recommended that the Prevention of Organised Crimes Bill be withdrawn and substantially revised to bring it in line with Constitutional and international human rights standards.