New controversial anti-corruption law: TISL calls for critical amendments

COLOMBO (News 1st) - Transparency International Sri Lanka (TISL) called for critical amendments and public consultation on the proposed Anti-Corruption Law, which enables the creation of an independent commission that is empowered to carry out arrests without a warrant or a magisterial order.

The controversial bill was introduced by the Ministry of Justice, and oversees the creation of an independent commission that is empowered to carry out arrests without a warrant or a magesterial order, for officials who are suspected to have carried out an offence under the proposed anti-corruption act. 

This law seeks to replace the Bribery Act, the Commission to Investigate Allegations of Bribery or Corruption Act and the Declaration of Assets and Liabilities law. 

According to the bill, any authorized officer of the Commission may without an order from a Magistrate and without a warrant arrest any person suspected of committing an offence under the provisions of this Act. 

Moreover, the section (58)1 of the proposed bill highlights that "an authorised officer of the Commission may apply in writing to the High Court for a warrant authorizing the covert monitoring of any conduct and recording of any communication if such officer has reasonable grounds to suspect or believe that a person has committed, is committing or is about to commit an offence under this Act."

TISL notes that Sri Lanka does not lack laws to deal with bribery and corruption even at present, however the enforcement of the said laws remain inadequate. 

While the country is struggling to apply even the existing anti-corruption laws, the TISL seriously notes that the independence of any proposed anti-corruption body from the Executive could only be assured, if any forthcoming constitutional amendment adequately provides for the same.

TISL further notes that while the bill proposes to ensure public access to declarations of assets and liabilities, prevention of the abuse of investigative powers of the proposed Commission, ensuring its independence,  increasing the penalties, addresses private sector corruption and `has the liberty to make information publicly available about the progress of investigations, it fails to address issues such as international asset recovery and the regulation of election campaign finance.

Therefore, TISL has earnestly called upon the Government to prioritise law enforcement, using the existing law to maximum effect against perpetrators of corruption, and to ensure a transparent, consultative process prior to bringing the proposed bill to the Parliament.

The Minister of Justice, Dr. Wijeyadasa Rajapaksha spoke to News 1st with regard to the bill previously, and stated that that the existing bribery and corruption commission does not have the power that is proposed in the current bill, while it is important to make the commission independent without any political party or any affiliations. 

Speaking with regard to the commission being able to make arrests without warrants, the Minister emphasized that this is NOT a quasi-judicial power, as the Police too is able to arrest people without a warrant. 

The Minister went onto say that provisions with regard to covert monitoring and recording of any communication of anyone if such officer has reasonable grounds to suspect or believe that a person has committed, is committing or is about to commit an offence under this Act, are common to many countries, and it is to ensure that the public sector functions without any corruption or illegal activities. 

The bill has been directed to the Attorney General to confirm its constitutionality, afterwards which it will be gazetted and will be presented before the Parliament, the Minister added.