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Proposed Anti-Corruption Bill Threatens Human Rights
🇱🇰 Sri Lanka /Crime & Justice

Proposed Anti-Corruption Bill Threatens Human Rights

From Lankadeepa · () Sinhala

Translated from Sinhala, summarized and contextualized by DistantNews.

At a glance

News Official statement New plan
  • The opposition coalition in Sri Lanka has issued a statement warning that the proposed Anti-Corruption (Amendment) Bill poses a threat to fundamental rights and will worsen prison overcrowding.
  • The bill's proposed amendments, particularly to Section 17, would make all offenses under the act non-bailable.
  • The coalition argues that these provisions severely restrict judicial discretion, shift the burden of proof to the accused, and violate constitutional rights, including the presumption of innocence.

Sri Lanka's opposition coalition has issued a stark warning regarding the proposed Anti-Corruption (Amendment) Bill, asserting that its stringent bail conditions threaten fundamental rights and will exacerbate the already critical issue of prison overcrowding. The coalition expressed deep concern over the draft bill, which was gazetted by the government.

The proposed bail conditions in the draft Anti-Corruption or Bribery (Amendment) Bill threaten fundamental rights and will further exacerbate prison overcrowding.

— Opposition CoalitionStatement warning about the implications of the proposed bill.

According to the statement, signed by convener Professor G.L. Peiris, the proposed amendments, specifically Section 17 of the bill (amending Section 149 of the Anti-Corruption Act No. 9 of 2023), are of grave concern. The opposition is actively working to inform the public about these potential changes.

The proposed revision stipulates that all offenses under this act would become non-bailable. A particularly critical point is the provision that individuals accused of soliciting, accepting, or offering a bribe of not less than 100,000 rupees, or causing a loss to the government of not less than 500,000 rupees, or receiving a benefit, patronage, or reward of not less than 500,000 rupees, would not be granted bail by the High Court except under exceptional circumstances, as confirmed by a certificate issued by the Director-General.

The proposed amendment will make all offenses under this act non-bailable.

— Opposition CoalitionHighlighting a key change in the proposed bill.

The coalition argues that these provisions severely limit the critical powers of the judiciary and place the burden of proof on the accused. Furthermore, it creates a presumption against individual liberty even in the early stages of an investigation. This fundamentally violates the right to personal liberty, enshrined under Article 13 of the Constitution, which upholds the principle that "bail should be the norm and detention an exception, except for the most serious offenses clearly defined by law."

Except under exceptional circumstances, bail should not be granted by the High Court.

— Opposition CoalitionDetailing the restrictive bail provisions for certain corruption-related offenses.

If passed in its current form, the amendment would broaden the scope of non-bailable offenses. Bail-granting powers would be confined solely to the High Court, diminishing the role of Magistrate Courts in safeguarding individual liberty. The opposition contends that this would pose a serious threat to human freedom and fundamental rights.

These provisions severely limit the critical powers of the judiciary and place the burden of proof on the accused.

— Opposition CoalitionCritiquing the impact of the bill on judicial discretion and the presumption of innocence.
DistantNews Editorial

Originally published by Lankadeepa in Sinhala. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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