The Human Rights Commission of Sri Lanka (HRCSL) has called for the immediate withdrawal of the proposed Prevention of Organised Crime Bill, saying the draft law is potentially more draconian than the Prevention of Terrorism Act (PTA) of 1979.

In a letter to Justice and National Integration Minister Harshana Nanayakkara dated 21 October, the Commission said the Bill is “wholly incompatible” with the Constitution and with international human rights treaties. Copies went to President Anura Kumara Dissanayake, who also holds the Defence portfolio.

The HRCSL said organised crime poses real threats, particularly to women, children, victims and witnesses, but that counter-measures must respect constitutional protections. Commission Chairman Justice L.T.B. Dehideniya set out several objections.

  • Confessions: Section 47 would allow confessions made to police officers of Assistant Superintendent rank or above to be used as evidence. The Commission said this repeats Section 16 of the PTA and encourages torture and ill-treatment of suspects held in long police custody.
  • Detention: Under Clause 21, senior police officers could ask the Secretary to the Ministry of Public Security for orders to hold suspects for questioning for an initial two months. High Court orders could extend this to 12 months.
  • Judges: Clause 20 would require Magistrates to remand suspects or carry out the Ministry Secretary’s detention orders, leaving them no power to examine the grounds or grant bail.
  • Definitions: Clause 3 defines “serious crime” to include offences carrying four or more years in prison and those listed in a schedule, among them Customs Ordinance violations, importing animals without permits, copyright and patent infringements, forest offences and obstructing public servants. Clause 4(2) says people could be treated as members of an organised criminal group because of meetings, dress, hand signs, language, tattoos or association with known gang members.

The Commission’s Media Spokesperson Nihal Chandrasiri said its position is that the Bill must be withdrawn until it guarantees compliance with fundamental rights and international obligations.

The Bar Association of Sri Lanka (BASL) has separately opposed the Bill, together with the Protection of the State from Terrorism Bill, in their present form. It said both Bills are on Parliament’s Order Paper and would give the Executive extraordinary powers of arrest, detention and surveillance.

Background

The PTA was enacted in 1979 as a temporary measure and made permanent in 1982. It has long been criticised by rights groups for allowing prolonged detention without trial and for the admissibility of confessions made to police.

Article 13(2) of the Constitution says no person may be held in custody or detained except on the order of a judge. The HRCSL said its objections repeat recommendations it made earlier on counter-terrorism legislation: judicial officers must keep real authority to release or bail suspects.

What it means

According to the HRCSL’s reading of the draft, the Bill reaches beyond gang violence. People accused of lesser offences, such as obstructing a police investigation, could face administrative detention orders.

The Bill is now before Parliament, where the BASL and the Commission want it withdrawn or substantially revised.