Free Lawyers orgnnisation warns of possible prolonged pre-trial detention of large numbers of individuals
Controversial Anti-Corruption (Amendment) Bill The Free Lawyers organisation said yesterday that the Anti-Corruption (Amendment) Bill gazetted by the government, particularly the proposed amendments to section 149 of the Anti-Corruption Act, No. 9 of 2023, concerning bail, would increase pressure on the country’s already crowded prisons system. On behalf of the Free Lawyers, Rajith Keerthi…
The Free Lawyers organization has expressed grave concerns over the potential for a significant increase in pre-trial detention following the introduction of controversial amendments to the Anti-Corruption Bill. The amendments, which alter section 149 of the Anti-Corruption Act, place a heavy emphasis on bail provisions, making all offenses under the Act cognizable and non-bailable in certain circumstances.
This shift in legal precedence could lead to the detention of large numbers of individuals who might ultimately be acquitted or whose cases take years to resolve. As highlighted by Rajith Keerthi Tennakoon on behalf of Free Lawyers, the new provisions effectively reverse the long-standing principle that bail should be the rule and jail the exception, placing substantial power in the hands of the Director-General at the investigative stage.
The organization emphasizes that the risks associated with these amendments extend beyond the potential erosion of individual rights, as overcrowded prisons in Sri Lanka are already operating under inhumane conditions, violating the right to freedom from cruel, inhuman, or degrading treatment. The prison system's capacity and ability to manage additional detainees are severely strained, as evidenced by data showcasing that Welikada Prison, for instance, is holding over three times its approved capacity.
The National Audit Office's report further identifies delays in forensic analysis reports, inability to pay small fines, and the mixing of drug-related inmates as key contributors to the prison overcrowding crisis. Despite documented evidence of these systemic issues, there has been no substantial action taken to address the backlog of Government Analyst reports or to implement alternatives for those unable to pay small fines.
The Centre for Human Rights urges the government and parliament to reconsider or amend the proposed bail provisions to ensure they are proportionate, rights-compliant, and realistically consider the prison system's capacity.
Written by urgent.news from The Island Sri Lanka's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
