Former Bar Association of Sri Lanka President, President’s Counsel Saliya Pieris, warned that the Government’s proposed organized crime prevention bill sought to reintroduce controversial provisions earmarked for removal from the Prevention of Terrorism Act (PTA).
In a Facebook post, Pieris said the proposed legislation would allow confessions made before police officers above the rank of Assistant Superintendent of Police (ASP) to be admitted as evidence in court.
He said this resembled a controversial PTA provision that the proposed Protection of the State from Terrorism Act (PSTA) sought to remove.
Pieris argued that past experience with confessions obtained under the PTA showed how such provisions had fostered a culture of torture and inhumane treatment by police and security forces.
He also raised concerns that the proposed organized crime legislation would allow bail to be granted only by the High Court. This could leave magistrates having to remand suspects produced by police even where sufficient evidence against them was lacking, he said.
According to Pieris, the bill also contained a provision allowing courts to infer membership of an organized criminal group based on a person’s hairstyle, tattoos or clothing.
He warned that such provisions could expose people to arrest and prolonged remand based on their appearance.
Pieris noted that the Government had introduced the PSTA bill in response to demands to reform or repeal the PTA. Successive governments had also pledged to reform counterterrorism laws as part of commitments to the international community linked to retaining the economically important GSP+ trade concession, he said.
He questioned whether Sri Lanka could address human rights concerns and safeguard GSP+ by reintroducing, through organized crime legislation, provisions proposed for removal under the PSTA bill.
Pieris warned that the proposed measures risked perpetuating arbitrary arrests, detention and torture.
