New anti-terrorism law undermines RTI

Contd form page 1 Intended to be read or understood or by signs or by visible representations or otherwise, instigates the committing of acts of violence or ethnic, religious, racial or communal disharmony, or feelings of ill-will or hostility between different communities or other groups so as to affect the unity, territorial integrity or sovereignty of Sri Lanka or any other sovereign country”.

On right of access of a suspect to an attorney-at-law and the right to representation by an attorney-at-law, the draft continues to be tied to the re-drafted amendment to the Code of Criminal Procedure (CCP). The Act to Amend the Code of Criminal Procedure (Special Provisions) Act, states that that “an attorney at law representing a person in police custody shall, from the time such person is taken into custody, be entitled to have access to the police station in which such person is being held in custody” on certain conditions.

But it also states that, “However, such access may be delayed to the extent provided herein, if the officer in charge of the police station has reasonable grounds to believe that the exercise of such right of access at the time such right is sought to be exercised” may lead, among other things, to the destruction of, interference with or harm to evidence that is connected with the committing of a cognizable offence, etc.

It also makes any statement made to a police officer by a person in police custody having had access to an attorney-at-law and in the presence of an attorney-at-aw “admissible in judicial proceedings against such person, subject to the provisions of the Evidence Ordinance”.

The full version of the Policy and legal framework of the proposed Counter Terrorism Act of Sri Lanka is published online at www.sundaytimes. lk