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Suspect sans Attorney till police record statement, a EU concern
The European Union (EU) this week voiced concern about the Government’s proposed amendment to the Criminal Procedure Code (CPC) which will deny suspects the right to an attorney before the recording of their first statement by policeT.
The amendment has been widely criticised by civil society and rejected by both the Human Rights Commission of Sri Lanka (HRCSL) and The Bar Association of Sri Lanka (BASL). EU’s Charge d’Affaires and Head of Political, Trade and Communications, Paul Godfrey called the introduction of the clause, “Rather a strange move”.
“I’m hoping it hasn’t been fully looked at by the principals in Government,” he said in an interview with the Sunday times. “We have made certain representations to the Government about the amendment, and will continue to make those points.”
Under a new section to the CPC, any person arrested and detained will have a right to an attorney only after recording a statement and before being produced in court. Between the time of arrest and until the time of conclusion of recording a statement, suspects are deprived of access to legal representation.
The amendment, as currently framed, “would be a step backwards in terms of Sri Lanka’s commitments to HR”, Mr Godfrey said: “We are waiting to see what the Government will do in terms of, either taking forward that amendment or, dropping it.”
The EU’s opposition to the amendment is particularly relevant as amendment to the CPC is a precondition to the Government regaining the GSP Plus trade concession. However, the change that the trade bloc has long envisioned is, “Adoption of the planned amendments to the CPC, which provide for the right of a suspect to have access to a lawyer, immediately following his arrest.”
The EU was also waiting to see what the Government would do about certain clauses in the existing Prevention of Terrorism Act (PTA) which, it has said, contravenes the International Convention on Civil & Political Rights (ICCPR).
Sri Lanka’s application for the GSP Plus was formally registered on July 12, 2016. The European Commission will give its recommendation by January 12, 2017. There follows a two-month period, extendable up to four months, for the European Parliament and the European Council to evaluate the Commission’s recommendation. The final date to convey acceptance or rejection of Sri Lanka’s application is, therefore, May 12.
The conditions for GSP Plus are policy-based and relate to international HR commitments Sri Lanka has already signed up for. “The difference we have seen with this Government is that, whereas the previous Government rejected implementing those agreements that Sri Lanka had already signed up for, this Government has shown a willingness to engage in trying to take forward those conventions,” he remarked. Included are the Convention against Torture, the Convention on the Rights of the Child, and the ICCPR.
Mr Godfrey denied reports that the EU had tendered Sri Lanka a list of 58 preconditions for the trade concession or, these were later shortened to 12. There was, however, a letter citing 15 areas of concern about violations of international Conventions given by then EU High Representative Catherine Ashton to then Foreign Minister G.L. Peiris in 2010. This has become the basis of discussions between the EU and the new Government.
“Overall, we are very pleased and impressed with the progress that’s being made in Sri Lanka on HR and national reconciliation,” Mr Godfrey said. Circulars have been issued to military and police about the need to respect the rights of detainees and suspects. Structures under the PTA were not used the same way. There has been change in freedom of media, absence of censorship and the ability of civil society to operate.
“Whilst it’s not flawless, there is concrete improvement in the ability of activists to go about without the harassment and surveillance that we have seen,” he said. “That doesn’t mean it never happens. There are still credible and ongoing reports of people whose activities are being monitored.” There needs to be a change in the culture of the security forces, something that will not happen overnight.
The EU would like to see deeper and faster progress in areas such as normalisation of life in the North and East, including the return of land to their rightful owners. But the size of military presence in those areas was a matter for the Government.
“We would see the role of the military in areas such as the civilian economy as being at odds with the Government’s commitment to normalise life in those areas,” he clarified, pointing to the military involvement in running hotels and local agriculture. “The size of the military presence in terms of the number of soldiers on the ground, that’s a consideration for the Government,” he said. “That’s not an area we are involved in.”
One of the challenges the Government faces is the communication of benefits of recent changes to both the Tamil community and those in the South. Mr Godfrey said he was surprised at the lack of debate on the advantages of devolving power in the South. But the EU knew it was tricky to coordinate all the different bodies the Government had.
Was the EU concerned that those who defended and implemented the former regime’s anti-HR agenda, are still in office? “You very rarely have an opportunity to work from a blank sheet of paper,” he replied.
“A number of people who were involved in the previous regime will have to answer questions about their conduct during that time,” he held. The EU very much supports the examination of actions taken by all sides. “I think, sometimes, this is wrongly perceived as being somehow aimed at the Government side, when there were very clear and evident violations by the LTTE, and also by a number of paramilitary groups, the so-called Karuna faction, and indeed other groups operating outside the State sphere,” he said. “And I think those actions need to be addressed in the same way. It’s not an exercise in finger-pointing at particular institutions or forces.”
Referring to commitments made by the Government to the UNHRC, Mr Godfrey said: “It’s always a tricky balance between the speed at which you need to operate and making sure the quality of the process is sufficient. For us, the quality and credibility of the process is key. So, I certainly don’t expect there to be a judicial mechanism operating by March. I don’t think that’s the expectation from the (HRC) resolution. What I think is important is that, the Government signals its overall plan to, most importantly, Sri Lankans, and also to the international community, in order that we can get behind it and ensure it works in the best way possible.”