The Human Rights Commission of Sri Lanka (HRCSL) has raised serious concerns over the proposed Organised Crime Prevention Bill, warning that it could be more stringent and draconian than the Prevention of Terrorism Act (PTA).
The Bill was gazetted on October 6 and has since been presented to Parliament.
In a letter addressed to Minister of Justice and National Integration Harshana Nanayakkara, with copies to President Anura Kumara Dissanayake, the Commission highlighted several provisions that it says raise serious human rights concerns.
While acknowledging the need for legislation to combat organised crime, the HRCSL stressed that any such law must fully comply with the fundamental rights chapter of the Sri Lankan Constitution and the international human rights treaties to which Sri Lanka is a party.
However, the Commission said it had observed that the proposed Bill was fundamentally inconsistent with these constitutional and international human rights standards.
According to the letter, the Bill's provisions appear to replicate Section 16 of the Prevention of Terrorism Act No. 48 of 1979.
The proposed legislation would empower the police to obtain detention orders from the Secretary to the Ministry of Public Security to detain suspects allegedly involved in or associated with serious offences.
The Commission also expressed concern over the broad scope of activities that could potentially be considered indicators of involvement in organised crime. These include the clothing styles, hand signals, language or tattoos used by members of organised criminal groups, as well as even casual associations with such individuals.
Another major concern raised by the HRCSL is the removal of the courts' usual discretionary powers to determine whether a suspect should be released, granted bail or remanded in custody.
The Commission's letter highlights these provisions as significant concerns that could have serious implications for fundamental rights and judicial discretion.
