š HRCSL Recommends Withdrawal of Prevention of Organised Crime Bill
⢠Regulatory & Governance Update: The Human Rights Commission of Sri Lanka (HRCSL) has urged the Minister of Justice to withdraw and revise the proposed Prevention of Organised Crime Bill (Gazetted Oct 6, 2026), citing severe incompatibilities with constitutional rights and international human rights treaties. ⢠Core Human Rights & Legal Concerns: - Admissibility of Police Confessions: Provisions mirror Section 16 of the PTA, allowing confessions made to ASP-rank officers as evidence, which the Commission warns creates incentives for custodial torture. - Extensive Executive Detention Powers: Permits detention orders via the Ministry of Public Security for "serious crimes." The broad definition includes non-violent offenses such as intellectual property infringements, customs violations, and wildlife/flora import breaches. - Broad Group Membership Test: Membership factors encompass style of dress, tattoos, hand signs, or mere association with known members, creating an unreasonably wide legal net. - Judicial Oversight Constraints: Violates Article 13(2) of the Constitution by stripping Magistrates of discretionary authority regarding bail, discharge, or remand. ⢠Impact: While acknowledging the necessity for organized crime legislation, HRCSL emphasizes that any legal framework must retain meaningful judicial authority to prevent excessive executive overreach and protect human rights.