News
Wiser counsel prevails: Criminal Procedure Code amendment put on hold
View(s):One of the main areas from which there are signs of strong opposition is the European Union. It fired its first salvo in a tweet on Monday. It said; “The EU is a leading supporter of the ICCPR (International Covenant on Civil and Political Rights) and wants to see the full implementation in Sri Lanka including the right of a suspect to see a
lawyer immediately after arrest.”
Diplomatic sources said yesterday that the Justice Minister’s move, if approved by Parliament, may go as far as costing Sri Lanka the restoration of the GSP Plus tariff preferences. At present the Government is making strong efforts to urge the EU to restore this facility. The EU has continued to emphasise the need to ensure the full implementation of the ICCPR.
The GSP (General System of Preferences) Plus scheme was suspended by the EU during the previous Mahinda Rajapaksa administration. It was on the grounds that the then Government had not paid heed to the enforcement of the ICCPR. There were ten different reasons given by the EU. One of them (item 6) said, “Adoption of planned amendments to the Code of Criminal Procedure which provides for the right of a suspect to see a lawyer after his arrest.”
“We do not want to see the present administration, which has shown transparency and willingness to make changes, revert to old practices,” the diplomatic source said.
No formal reason has been given for moves for the amendments. However, one source claimed that an influential Government official below the rank of Secretary was pushing for it.
Sri Lanka’s Human Rights Commission also said it was concerned that the new provision would impinge on Fundamental Rights of a fair trial guaranteed to an Accused under the Constitution. “The lack of a fair and impartial investigation will result in the deprivation of a fair trial to an accused,” the Commission said in a letter to Prime Minister Ranil Wickremesinghe.
The Bar Association of Sri Lanka later wrote to President Maithripala Sirisena also objecting to the move. This week, despite Minister Rajapakshe’s advocacy for the amendment saying “what about the rights of the victims”, the Government put on hold the passage of the amendment. Wiser counsel seems to have prevailed.