- Wholly incompatible with FR, calls for withdrawal
- BASL echoes the same
The Human Rights Commission of Sri Lanka (HRCSL) has called for the withdrawal and substantial revision of the proposed Prevention of Organised Crime Bill, declaring it incompatible with the Fundamental Rights (FR) Chapter of the Constitution and international human rights treaties.
In a letter to the Justice Minister, the HRCSL described the Bill as “more draconian than the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (PTA)” and said it should be revised to ensure full compliance with constitutional and international human rights obligations.
While acknowledging that organised crime groups could seriously affect human rights, including the rights of women, children, victims and witnesses, the Commission raised concerns over several provisions of the proposed legislation.
It warned that the Bill introduces a new regime for issuing detention orders (DOs) against suspects accused of “serious crimes” and makes confessions to Police officers admissible as evidence.
The HRCSL specifically criticised Section 47, which allows confessions made to Police officers not below the rank of Assistant Superintendent of Police to be admitted as evidence, noting that it virtually replicates Section 16 of the PTA.
The Commission cautioned that admitting such confessions, combined with prolonged detention for interrogation, could encourage torture and cruel, inhuman or degrading treatment of suspects in custody.
It also expressed concern over the broad definition of “serious crime” under Clause 3, noting that Police could seek detention orders against individuals accused of obstructing investigations into any offence.
The HRCSL further warned that Clause 4(2) casts an excessively broad net in determining whether a person belongs to an organised criminal group.
It argued that the Bill undermines judicial independence by restricting Magistrates’ discretion to discharge suspects, grant bail or order remand, contrary to Article 13(2) of the Constitution.
Under Clause 20, a Magistrate would be compelled to remand a suspect or give effect to a detention order issued by a Ministry Secretary, even where the order is considered unjustified.
The Commission stressed that judicial officers must retain meaningful authority to discharge suspects or grant bail.
Meanwhile, the Bar Association of Sri Lanka (BASL) has issued a statement regarding the Government’s gazetting of the Protection of the State from Terrorism Bill, followed by the Prevention of Organised Crimes Bill. The BASL has raised concern that they would confer extraordinary powers of arrest, detention and surveillance upon the Executive, curtail judicial oversight at the very stages when the protection of individual liberty is most critical, and create criminal liability with far-reaching implications for the freedom of association, expression and movement. Accordingly, the BASL has called on the Government to: Withdraw the Protection of the State from Terrorism Bill and restore the safeguards contained in the draft approved by the Committee, including through amendments at the Committee Stage should the Bill proceed further. Publish the Committee's report and the recorded dissent and explain on what basis, and on whose instructions, the gazetted Bill departed from the draft approved by the Committee.; Withdraw the Prevention of Organised Crimes Bill and subject any proposed replacement to full and meaningful public consultation, ensuring that its scope is confined to addressing organised crime consistently with the United Nations Convention against Transnational Organised Crime, and that arrest, remand, detention and surveillance powers remain subject to effective judicial authorisation and oversight; and Repeal the PTA without delay, consistent with the need to safeguard FR and ensure that the criminal justice system operates in accordance with Constitutional principles and the rule of law.