Free Lawyers Organisation Raises Alarm Over Lengthy Pre-Trial Detention Risk in Anti-Corruption Amendment Bill

The Free Lawyers organisation has issued a stark warning regarding the Anti-Corruption (Amendment) Bill recently gazetted by the government, expressing serious concern that proposed changes to bail provisions could result in large numbers of individuals being held in prolonged pre-trial detention.

Bail Provisions Under Scrutiny

The organisation's warning centres specifically on proposed amendments to Section 149 of the Anti-Corruption Act, No. 9 of 2023, which governs bail eligibility for those accused under the legislation. Legal experts within the group argue that the amendments, as currently drafted, could significantly restrict the ability of accused persons to secure bail while awaiting trial.

The Free Lawyers organisation cautioned that if these amendments are enacted in their present form, Sri Lanka could see a substantial rise in the number of individuals languishing in remand custody for extended periods before their cases are heard in court — a situation they described as deeply troubling from a fundamental rights perspective.

Rights and Due Process Concerns

Legal practitioners affiliated with the organisation stressed that the right to bail is a cornerstone of due process and the presumption of innocence. They warned that overly restrictive bail conditions, particularly in legislation as broad-reaching as the Anti-Corruption Act, could disproportionately affect individuals who have yet to be found guilty of any offence.

The proposed amendments to Section 149 of the Anti-Corruption Act raise serious questions about the protection of individual liberties and the right to a fair and speedy trial.

The group urged Parliament to carefully scrutinise the bill before it is passed into law, calling for meaningful consultation with the legal community and civil society to ensure that anti-corruption measures do not come at the expense of constitutionally guaranteed rights.

Balancing Anti-Corruption Efforts With Civil Liberties

While the Free Lawyers organisation acknowledged the importance of robust anti-corruption legislation in Sri Lanka, they maintained that such laws must be carefully balanced against the protection of individual freedoms. They called on lawmakers to revisit the bail-related provisions and introduce adequate safeguards to prevent potential abuse or misuse of extended pre-trial detention powers.

The Anti-Corruption Act, No. 9 of 2023, was itself a landmark piece of legislation introduced as part of broader governance reforms in the country. Any amendments to it are expected to draw considerable attention from legal professionals, human rights advocates, and the wider public.

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