The Sri Lankan government's Prevention of Organised Crimes Bill, submitted to parliament on October 20, risks enabling arbitrary detention, torture and other rights violations, Human Rights Watch said on Thursday, October 29. The proposed law, alongside the Protection of the State from Terrorism Bill submitted on October 6, reproduces abusive provisions in existing counterterrorism laws that would allow continuing abuses the government had pledged to end, the group said.
Source: Human Rights Watch
"Sri Lanka's organized crime bill would enable prolonged detention without adequate judicial oversight or evidence of criminal conduct, and could encourage torture by allowing convictions based on confessions obtained by the police," said Elaine Pearson, Asia director at Human Rights Watch. "If this law is adopted in its current form, it risks unleashing serious rights violations just as previous similarly draconian legislation has done."
Sri Lanka's own Human Rights Commission (HRCSL) reached a similar conclusion a week earlier. In a letter dated October 21 to Justice and National Integration Minister Harshana Nanayakkara, the Commission called the bill 'wholly incompatible' with the fundamental rights chapter of Sri Lanka's Constitution and its international human rights treaties, warned it was potentially more draconian than the Prevention of Terrorism Act (PTA) of 1979, and recommended it be withdrawn and substantially revised.
Source: Human Rights Commission of Sri Lanka
Both watchdogs singled out the same provisions. Section 47 of the bill would make confessions to police officers of Assistant Superintendent rank or above admissible as evidence — virtually replicating Section 16 of the PTA, which the Commission said tends to incentivise torture and cruel, inhuman or degrading treatment in custody. Under Clause 21, senior police officials could seek detention orders holding suspects for an initial two months, renewable up to twelve months through High Court orders.
President Anura Kumara Dissanayake's National People's Power alliance pledged in its 2024 election manifesto to abolish all 'oppressive' laws and ensure civil rights across the country, and the government — like its predecessors — pledged to repeal the PTA. Human Rights Watch said both October bills instead replicate some of the PTA's worst aspects, creating parallel legal structures outside ordinary criminal law and without basic safeguards. The Centre for Policy Alternatives in Colombo also said on October 8 that it was alarmed by the bill's broad, vague language and lack of public consultation.
The government has yet to issue a formal response to the specific criticisms raised by Human Rights Watch. Parliament is expected to take up debate on the bill in the coming weeks.
