United Nations human rights experts have warned that Sri Lanka’s proposed Prevention of Organized Crimes Bill would let senior police officers obtain telephone records and mobile phone location data without approval from a court.
In a 31-page communication dated 30 October 2026, the experts said Clause 44(4) of the Bill would allow an officer of the rank of Deputy Inspector General (DIG) to obtain information directly from telecommunications and data service providers. The information could include subscriber details, records of calls made and received, and the location of mobile devices.
The experts said such records can reveal a person’s contacts, movements and associations even when the content of calls is not accessed. They expressed particular concern for journalists, whose confidential sources could be exposed, and for lawyers and human rights defenders who communicate with victims and witnesses.
The communication noted that international human rights standards require independent authorisation, preferably from a judge, before authorities can access sensitive communications data. The experts also questioned the safeguards against misuse, pointing out that Clause 44(5) sets a maximum fine of Rs. 100,000 for abuse of the powers.
The experts accepted the Government’s duty to combat organised crime but urged compliance with international human rights obligations.
Other concerns raised
The phone records clause was one of 11 areas of concern listed in the communication. According to the experts, the Bill would allow the Secretary to the ministry responsible for police to authorise detention at police stations for up to one year, which they said could increase the risk of torture and arbitrary detention.
Suspects could be held for up to 72 hours, excluding travel time, before being produced before a Magistrate, with a further 24 hours of police custody possible. Statements made to police officers of Assistant Superintendent rank or above would be admissible in court, and an accused person would have to prove that a statement was obtained through threats, inducements or promises.
The experts also said journalists and media organisations could face criminal penalties, including imprisonment, for publishing information about court proceedings covered by the Bill without prior court permission. They said broad definitions of organised criminal groups could potentially cover student organisations, trade unions and protest movements involving three or more people.
Other concerns included police searches without a warrant, restrictions on bail, and immunity provisions that the experts said could obstruct accountability for torture and enforced disappearances.
Background
The Prevention of Organized Crimes Bill was gazetted on 6 October. In Sri Lanka, a Bill is published in the Gazette before it is placed on the Order Paper of Parliament, and citizens can then challenge it in the Supreme Court on constitutional grounds.
Such UN communications set out concerns and ask for a response, but they are not binding.
The Bill is being debated alongside a separate proposal, the Protection of the State from Terrorism Bill. On Wednesday, the People’s Struggle Movement held a protest at Polduwa Junction calling on the Government to withdraw both Bills, and some demonstrators called for the repeal of the existing Prevention of Terrorism Act.
What it means
If the Bill is passed in its current form, the provisions described by the UN experts would apply to anyone in Sri Lanka whom police suspect of involvement in organised crime, and to people who communicate with them, including relatives, colleagues and lawyers.
The Bill has not yet been debated in Parliament, and its clauses may change before any vote.
