Former Bar Association of Sri Lanka (BASL) President, President’s Counsel Saliya Pieris, has raised serious concerns over the government’s proposed Organised Crimes Bill, warning that it could undermine promised reforms to Sri Lanka’s anti-terrorism laws and enable arbitrary arrests, prolonged detention and police abuse.
In a statement, Pieris questioned whether the government was attempting to reassure the European Union and the international community about human rights reforms while introducing similar controversial provisions through separate legislation.
He noted that successive Sri Lankan governments had pledged to reform or abolish the Prevention of Terrorism Act (PTA), partly to maintain the European Union’s GSP+ trade concessions, which are considered important to the country’s economy.
Pieris said the proposed Protection of the State from Terrorism Act (PSTA), presented as a replacement for the PTA, would remove provisions allowing confessions made to senior police officers to be admitted as evidence in court.
He argued that the use of such confessions under the PTA had contributed to a culture of torture and abuse within the police and security apparatus.
However, Pieris alleged that the government’s separately proposed Organised Crimes Bill would reintroduce similar provisions by allowing confessions made to police officers of the rank of Assistant Superintendent of Police (ASP) and above to be used as evidence against accused persons.
He also raised concerns about provisions relating to bail and detention.
According to Pieris, the proposed legislation would permit suspects to obtain bail only from the High Court, while magistrates would be required to remand arrested individuals even where there was insufficient evidence against them.
Another provision highlighted by Pieris would allow courts to consider a person’s hairstyle, tattoos or clothing when determining whether the individual belongs to an organised criminal group.
He warned that such provisions could expose individuals to arbitrary arrests and prolonged detention based on their appearance.
Pieris further cautioned that police could use the proposed Organised Crimes Act instead of the PSTA to record confessions and detain suspects, effectively continuing practices that anti-terrorism reforms were intended to eliminate.
He questioned whether introducing such legislation while promising reforms under the PSTA would satisfy the European Union’s human rights expectations.
“Can this type of manipulation successfully dupe the EU and the international community to answer human rights questions and secure GSP+?” Pieris questioned.
His remarks raise concerns over whether the government’s proposed legal reforms would strengthen fundamental rights protections or allow controversial powers currently associated with the PTA to continue under different legislation. (Newswire)
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