President Anura Kumara Dissanayake said on Thursday that the government is ready to cut the proposed 72-hour detention period under the Prevention of Organised Crimes Bill to 48 hours.
He was speaking at an event marking the first anniversary of the “Ratama Ekata” (Nation United) national drive against drugs. The President said the government was considering changes to three provisions of the Bill that had drawn objections.
The three provisions are the detention period, a clause on tattoos as a way of identifying members of criminal gangs, and the inclusion of offences under the Excise Ordinance. He said the government would tell the Supreme Court, which is now examining the Bill, that it agreed to amend all three.
On tattoos, the President said such identifiers are used in other countries, but the government was willing to drop the clause if it was found unsuitable for Sri Lanka. He also said offences under the Excise Ordinance would be left out of the Bill.
The President said the government was open to talks with human rights organisations and civil society groups that oppose the legislation. He said the Bill was not meant to violate citizens’ fundamental rights or give excessive powers to the government, the police or other law enforcement bodies.
The People’s Struggle Alliance held a protest on the same day against the existing Prevention of Terrorism Act (PTA), the proposed Protection of the State from Terrorism Act (PSTA) and the organised crimes legislation. Executive Committee member Rajkumar Rajeevkanth said a change of government does not make oppressive laws democratic.
The alliance asked the government to remove any provisions that allow arbitrary detention or disproportionate investigative powers. It also asked that every arrested person be promptly produced before a judge, told the allegations and given access to a lawyer.
Background
The Bill is aimed at organised criminal networks, including drug gangs. The President said such cases had previously been dealt with under the PTA, and that organised groups had grown more powerful. He said existing laws must change as circumstances change.
The PTA has long been criticised by rights groups in Sri Lanka and abroad because it allows suspects to be held for extended periods without trial. The President said he and his political movement had consistently opposed the Act and had personally experienced the effects of repressive laws.
When a Bill is challenged in the Supreme Court, the court examines whether its provisions are consistent with the Constitution and tells Parliament its determination. Amendments the government has agreed to are normally placed before the court during that process.
What it means
If the changes go ahead, a person arrested under the Bill could be held for a shorter period before having to be brought before a court. The tattoo clause and the Excise Ordinance offences would no longer be part of the law.
The final text will depend on the Supreme Court’s determination and on any amendments Parliament passes. The detention period will remain a central point of debate between the government and its critics until then.
