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Criminal Code Amendment Bill introduction deferred over public outcry
The Government has deferred the introduction to Parliament of the proposed Amendment to the Code of Criminal Procedure (CoCP), which does not allow a person in police custody, access to an Attorney-at-law, till his statement is recorded, due to objections raised, said Minister of Justice Wijedasa Rajapaksha.
“Objection to the Bill has been raised by the Human Right Commission (HRC) and the Bar Association of Sri Lanka (BASL) but, neither party has so far approached me to discuss the matter. However, no date has been fixed to present the Bill, as we have to discuss this matter further,” the Minister said.
However, he defended the decision to introduce the Amendment which allows a person in police custody, the right to retain and consult an Attorney-at-law, only after recording his statements but, prior to being produced before a Magistrate.
“The country needs this Amendment. Many people talk about the rights of suspects but, what about the rights of victims. This area is completely ignored,” Minister Rajapaksha said.
He said this would be the first time Attorneys-at-law will get statutory authority to be present at police stations. “What is in place now is an ad hoc administrative arrangement by way of a circular issued by the Inspector General of Police (IGP), that came about as a result of a settlement reached in a Fundamental Rights case filed in 2011 by a lawyer. It is not binding. There is no uniformity and every police station has its own rules on access to lawyers at present,” he said.
In terms of the settlement, the IGP issued a circular under the Police Ordinance, recognising and protecting the right of an Attorney-at-Law to represent or protect the interest of his/her client at any Police Station anywhere in the country, whether such client is a suspect or otherwise. There is, however, no reference in the rules as to whether or not an Attorney can be present when a statement is recorded from a suspect.
Both the BASL and the HRCSL have expressed concerns regarding the contents of the Amendment to the CoCP law published in the gazette of August 12.
HRCSL Chairperson, Dr Deepika Udagama wrote to Prime Minister Ranil Wickremesinghe recently, saying the proposed Amendment to the CoCP would “deprive suspects arrested and detained by the Police of access to Attorneys-at-Law, prior to recording their statement, and will adversely impact on the Constitutionally guaranteed rights of persons including the citizens of Sri Lanka.”
The BASL too, wrote to President Maithripala Sirisena, drawing his attention to the fact that, the proposed Amendments contravene Sri Lanka’s obligation in terms of International HR law, especially the provisions of the International Covenant on Civil & Political Rights (ICCPR).
Minister Rajapaksha added that the Amendment will also enable a person in police custody, unable to retain and consult an Attorney-at-law at his own expense, to be provided with a lawyer from Legal Aid.