By The Pulseline News Desk
The Human Rights Commission of Sri Lanka (HRCSL) has called for the withdrawal and substantial revision of the proposed Prevention of Organised Crime Bill, warning that its provisions could be more draconian than the Prevention of Terrorism Act (PTA) and are incompatible with constitutional fundamental rights and international human rights obligations.
In observations submitted to the Minister of Justice and National Integration on the Bill published in the Gazette on October 6, the Commission has acknowledged the need for legislation to combat organised crime but has stressed that such measures must comply fully with Sri Lanka’s Constitution and international human rights treaties.
However, following a review of the proposed legislation, the Commission has concluded that the Bill was wholly incompatible with the fundamental rights chapter of the Constitution and the country’s international human rights obligations.
The Commission has raised concerns over provisions permitting confessions made to police officers of the rank of Assistant Superintendent of Police or above to be admitted as evidence against suspects, noting that the proposed provisions virtually replicate Section 16 of the PTA.
It has warned that allowing such confessions to be used as evidence could create incentives for torture and other cruel, inhuman or degrading treatment of people in custody, reiterating concerns it had previously raised over the use of similar provisions under the PTA.
Broad detention powers under scrutiny
The Commission has also expressed deep concern over provisions empowering the police to obtain detention orders from the Secretary to the Ministry of Public Security against individuals suspected of being connected with or concerned in a “serious crime”.
It has questioned the broad definition of serious crime under Clause 3, which encompasses offences that may not ordinarily be considered serious criminal conduct.
These include offences attracting forfeiture or penalties under the Customs Ordinance, importing animals without permits under the Fauna and Flora Protection Ordinance, and infringements involving copyright, industrial designs, patents and trademarks under the Intellectual Property Act, No. 36 of 2003.
The Commission has warned that including such offences within the scope of the legislation could significantly expand the circumstances in which individuals may be subjected to detention powers intended to combat organised crime.
Dress, tattoos and associations could raise suspicion
Another major concern relates to the criteria used to determine whether a person belongs to an organised criminal group.
The Bill has included factors such as adopting clothing styles, hand signs or language used by known members of criminal groups, as well as having tattoos associated with such groups.
Mere association with known members of an organised criminal group could also be considered.
The Commission has warned that these broadly framed criteria could cast an unreasonable net over the public, potentially exposing individuals to suspicion based on their appearance, mannerisms or social associations rather than sufficiently established criminal conduct.
Concerns over judicial discretion and bail
The HRCSL has further warned that the proposed legislation would significantly restrict judicial discretion over the treatment of suspects, raising concerns about compliance with Article 13(2) of the Constitution.
According to the Commission, the Bill requires Magistrates to remand suspects or give effect to detention orders, effectively stripping judicial officers of their ordinary discretionary powers to determine whether individuals should be discharged, released on bail or remanded.
It has reiterated its recommendation concerning the proposed Protection of the State from Terrorism Bill that judicial officers must retain meaningful authority to discharge suspects or grant bail.
The Commission has stressed that judicial oversight must remain effective at every stage of the criminal justice process, rather than allowing executive detention powers to override the courts’ ability to assess individual cases.
Call for substantial revision
The Commission’s observations come amid scrutiny of proposed legislation intended to strengthen the State’s response to organised crime.
While acknowledging the need to address organised criminal activity, the HRCSL has maintained that the objective cannot justify provisions that undermine constitutional safeguards or expose individuals to arbitrary detention and potential human rights violations.
It has therefore recommended that the Prevention of Organised Crime Bill be withdrawn and substantially revised to ensure full compliance with Sri Lanka’s fundamental rights protections and its obligations under international human rights treaties.
The Commission’s intervention places the proposed legislation’s provisions on confessions, executive detention powers, the definition of organised criminal group membership and judicial discretion at the centre of the debate over how Sri Lanka should tackle organised crime without weakening fundamental rights protections.
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