P’ment debates broadening mutual assistance in criminal matters

Broadening the legal provisions of the action against mutual assistance in criminal matters, lawmakers moved amendments to Act No. 25 of 2002 yesterday in Parliament but were unable to extend the sitting in the absence of MPs with Parliament being adjourned for this afternoon.

The amendments concern countries that are parties to an international or regional convention or other international agreement which is in the interest of mutual assistance in criminal matters, to which Sri Lanka has become a party, a country which has entered into an agreement with Sri Lanka for mutual assistance in criminal matters, a country which has not entered into any agreement with Sri Lanka, where the Minister may determine that it is in the best interest of sovereign nations and organisations associated with combatting international criminal matters.

Power and Renewable Energy State Minister Ajith P. Perera, moving the Bill, said: “The Mutual Assistance in Criminal Matters Bill is a necessity with terrorism no longer limited to a country but interconnected with different parts of the world. On the other hand, international financial crime is also there. With the development of technology crimes can be committed while being in a different country. Crimes could be organised while being in a different country and executed in some other place. A broadening of the legal provisions is required for the investigations and legal action. We have understood that laws in Sri Lanka should be widened. We have accepted that our laws on money laundering need to be amended. There are international organisations working against international crimes. Such organisations work with governments. Criminals oppose this amendment to prevent data and information being obtained, especially on crimes related to banking matters. In our drive to eradicate corruption, such amendments were required.”

UNP MP Chandima Gamage said: “The Mutual Assistance in Criminal Matters Act, which was enacted in 2002, was limited to a few countries. Today’s amendment widens the scope of the provisions to include all countries and today’s technology. Not only that but it provides for collecting evidence and statements using cloud technology and Skype.”

However, UPFA Joint Opposition MP Wimal Weerawansa criticised the Government for falling in line with western powers and bowing to their requirements. 

“The Government gives the impression that this amendment will pave the way to eradicate corruption in the country. But in reality, it is not.  A rosy picture was painted when the 19th Amendment to the Constitution was passed. The Mutual Assistance in Criminal Matters Amendment is nothing more than a part of the directive the UNHCR gave Sri Lanka and what was agreed with the United States. The establishment of the Office of Missing Persons and few other subsequent laws violated predominant laws including the Evidence Ordinance of the country. This amendment to the Mutual Assistance in Criminal Matters Act enables other nations to hand over or submit any Sri Lankan who violates the provisions and international conventions,” he said.

JVP MP Bimal Rathnayake, tackling a different aspect of the Amendment, said: “The exchange of criminals by authorities is a known method. Wele Suda was arrested in Pakistan. As far as I know the countries interested in promoting international agreements are limited to 14. These are large countries with superpowers and vested interests. Economic independence will be challenged in most instances.”

Justice and Prison Reforms Minister Thalatha Atukorale, concluding the debate, stated that cryptocurrencies and blockchain were also covered in the provisions. 

“There are no hidden intentions in this amendment. Laws should be amended to be on par with technological and social developments. The previous Government was talking about the electric chair, which was a myth. This amendment is a requirement of the hour and it is not aimed at any person or group. It is nothing but an amendment to what was passed in 2002,” she said. (AH)