FSP challenges AKD’s proposed amendments to Organised Crime Act

The Frontline Socialist Party (FSP) has challenged President Anura Kumara Dissanayake’s commitment to amend the proposed Organised Crime Act, arguing that the changes he outlined are merely superficial and fail to address the fundamental threats the legislation poses to democratic rights and civil liberties.

Addressing a media briefing yesterday, FSP Education Secretary Pubudu Jayagoda said the President’s remarks at a meeting with religious leaders at Temple Trees on Thursday (5) had focused on three specific provisions, while ignoring the broader concerns raised by trade unions, human rights organisations, professionals and civil society groups.

The President had reportedly described the legislation as non-repressive and formulated in accordance with international standards, while alleging that those opposing it were acting in the interests of underworld groups and criminals.

Jayagoda said the Government had been compelled to reconsider its position following widespread public opposition, including the 4 November protest near Parliament.

“An administration that previously defended the Bill with such rhetoric has reached this level of flexibility only because an entire society raised its voice against this repressive Act,” he said.

He identified three areas addressed by the President and explained why the proposed amendments would not resolve the fundamental problems.

Citing FSP’s first concern as ‘reducing detention from 72 to 48 hours’, Jayagoda said the President’s proposal to reduce the period of police detention from 72 to 48 hours failed to address the extensive powers granted to law enforcement authorities.

He pointed out that the legislation provides for arrests on suspicion of association with criminal gangs, detention orders extending up to one year without judicial review and detention facilities without adequate judicial oversight.

“The problem is not merely the number of hours, but the sweeping, unlimited powers granted to the police by the Act,” he said.

He also criticised provisions that, in his view, reduce magistrates to rubber stamps and transfer judicial authority to the executive.

“Do not bargain over the number of hours like a street vendor. These laws concern the democratic rights of the people,” Jayagoda said.

Responding to the President Dissanayake’s indication that the provision identifying criminal gang members through tattoos would be changed, Jayagoda said the issue went far beyond tattoos.

He argued that the legislation could make individuals suspects based on their physical appearance and social associations rather than evidence of their involvement in criminal activity.

“The tattoo provision is merely a symbol of the ridiculous nature of this Act,” he said, adding that the legislation undermined the fundamental legal principle that criminal liability should be based on an individual’s involvement in an offence.

Jayagoda also questioned the President’s proposal to remove offences under the Excise Ordinance, asking why offences under other laws, including the Betting and Gaming Ordinance, Forest and Flora Ordinance, Wildlife Ordinance and Archaeology Act, were not also being reconsidered.

He warned that even people participating in protests could potentially be classified as organised criminals through provisions relating to obstructing public officers in the performance of their duties.

Jagoda further questioned why the President had not addressed provisions concerning police-obtained confessions, access to private communications and electronic devices, and the criminalisation of past associations with suspected organised criminals.

He also criticised the Government for remaining silent on the proposed State Terrorism Act (PSTA), arguing that it could not be adequately corrected through amendments and should be withdrawn, alongside the repeal of the Prevention of Terrorism Act (PTA).

Jagoda urged the President to engage with trade unions, student organisations, human rights activists, lawyers and communities affected by the proposed legislation rather than limiting discussions to Buddhist monks, Catholic priests and Hindu and Muslim clergies. 

“Separate religion from the state. These matters should not be discussed with crowds forcibly assembled at Temple Trees by mobilising  the authority of Divisional Secretaries. Instead, meet and talk with the labour movement, the student movement, human rights activists, and professionals—including lawyers who have fought for democratic rights for generations,” he stressed.

Jagoda suggested the Government to hold discussions on this issue with the youth of urban poor families in areas like Central Colombo, Wanathamulla, Maligawatta, Modara, Mattakkuliya, and Dematagoda who voted for the NPP and also with female workers of Free Trade Zones.

“Instead of turning your back on your own history and the forces that sustained you, be humble enough to admit when a mistake has been made and correct it,” he said.