Justice Minister flays BASL, HRC for ignoring crime victims’ rights

By Shamindra Ferdinando-October 2, 2016, 11:07 pm 

Justice Minister Dr Wijeyadasa Rajapakse, PC, yesterday told The Island that the government would go ahead with the proposed amendment to the Criminal Procedure Code meant to deprive lawyers an opportunity to meet their clients before the police recorded their statements.

Minister Rajapakse stressed that particular amendment was intended to facilitate police investigations.

President's Counsel Rajapakse said that he was aware of the Human Rights Commission of Sri Lanka (HRCSL) as well as the Bar Association of Sri Lanka (BASL) strongly opposing the proposed amendment.

An irate Justice Minister alleged that both the HRCSL and BASL had turned a blind eye to the suffering of the victims. "I have been the President of the BASL.

Both BASL and HRCSL should examine the difficulties experienced by law enforcement authorities in fighting crime as well as ordinary law abiding citizens without being only worried about suspects."

Minister Rajapakse alleged that both HRCSL and BASL had failed to comprehend the plight of the victims. Instead, they had simply taken cudgels for the suspects.

The relevant Bill has been published in the Gazette on August 12.

The Bill proposes to introduce a new section 37A to the Criminal Procedure Code. The proposed Section 37A(1) states that "any person who has been arrested and detained in custody, shall have the right to retain and consult an Attorney-at-law of his choice at his own expense, after the recording of his statements in terms of the provisions of subsection (1) of the section 110 and prior to being produced before a Magistrate."

HRCSL Chairperson Dr Deepika Udagama and BASL President Geoffrey Alagaratnam recently sought the intervention of Prime Minister Ranil Wickremesinghe and President Maithripala Sirisena, respectively, to stop the passage of the controversial amendment. HRCSL sent copies of its letter to Justice Minister Wijeyadasa Rajapakse and Law and Order and Southern Development Minister Sagala Ratnayake.

HRCSL spokesperson and attorney-at-law Saliya Pieris told The Island that the proposed amendment to Criminal Procedure Code would surely and severely undermine constitutionally guaranteed rights of people.

Pieris said that the proposed amendment was meant to deprive suspects access to lawyers until their statements were recorded violating the rights already guaranteed by the State under rules made by the Inspector General of Police in accordance with the Police Ordinance.

Minister Rajapakse emphasized that interventions made by lawyers before the police recorded suspects’ statements were detrimental to investigations. Asserting that the proposed amendment was a long felt need, the President's Counsel said that those who had been genuinely concerned about spike in crime should support the move to amend the Criminal procedure Code.

Responding to another query, Minister Rajapakse said that law=abiding people shouldn't be unnecessarily concerned about the proposed amendment. "We are amending the Criminal Procedure Code to strengthen the hands of law enforcement authorities. It’s a priority."

The minister said that the new amendment would ensure that the police could record statements without undue interference.

The BASL has alleged that the amendment contravened Sri Lanka’s obligation in terms of International human rights law especially the provisions of the International Covenant on Civil and Political Rights (ICCPR).

"The Protection of Victims of Crime and Witnesses Act No. 4 of 2015, grants an aggrieved party a right of representation at the police station from the inception. However a suspect’s right to be represented will be limited by the proposed Bill resulting in unequal treatment," BASL President Alagaratnam said in a letter addressed to President Maithripala Sirisena.

BASL warned that the controversial move would certainly undermine the progressive steps which had been previously taken consequent to a settlement reached in the Supreme Court in a Fundamental Rights Application.

The HRCSL has alleged that there had been many instances of torture as well as cruel, inhuman treatment of suspects at police stations between the period of arrest and the conclusion of the recording of their statements. Dr Udagama warned that denial of access to lawyers would certainly worsen the situation. "As such depriving suspects under arrest and detention of access to their lawyers until the conclusions of their statements will result in a greater risk of suspects being subject to torture, cruel and inhuman treatment as well as illegal arrest and detention by errant police officers."

"The passage of the new Bill will hinder the efforts of the Government which has expressed its determination to stop torture in Sri Lanka."