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Wednesday, 23 January 2013

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PARLIAMENT

‘Criminal Procedure Bill aims at mitigating crime’

Deputy Speaker Chandima Weerakkody precided when parliament met yesterday at 1. pm. After the presentation of papers and oral questions, the House took up debate on the code of Criminal Procedure (special provisions) Bill.

Environment Minister Anura Priyadarshana Yapa:

This is a Bill to provide for the extension of the period of detention of persons arrested without warrant to facilitate investigation, for dispersing the non-summary inquiry in certain cases; to provide for the taking of depositions of witnesses for the prosecution; and to make provision for matters connected therewith or incidental thereto.

The Criminal Procedure Code provides the provisions to take action and the manner of taking actions against crime and criminals. Crime should be investigated during a particular period. However, the suspects could be detained for only 24 hours to investigate before they are produced before a magistrate.

In such a non summery inquiry, the Police says the period of 24 hours is not adequate. We have to accept that. In connection with organized crime, the period of detention should be extended. Though several opposition members attempted to discredit their amendments, the police is not given powers to detain all the suspects.

Deputy Chairman of Committees Chandrakumar Murugesu takes the Chair

This provision applies only to organized crimes such as, murder, abductions, rape, attempted murders, use of offensive weapons, looting. This amendment is introduced to provisions of 102, 113 (A) 296,297, 300, 303, 306, 358, 359, 364, 371, 383, 384, 490, 183, 182 and 196 of the Criminal Procedure Code.

This is not a new method and has been practiced on various occasions. This will also provide to file indictment directly before the High Court by the Attorney General in case of offenses committed aggravating circumstances or circumstances that give use to public disquiet.

In addition, any proceedings in terms of the provisions of this act shall be concluded within ninety days from the date of commencement of proceeding. The provisions of this Act shall be in operation for two years commencing from the date of coming into operation.

John Amarathunga (UNP):

We cast our vote against this Bill. We like to ask as to why 48 hours for this matter now. The Police is not independent. If the 17th amendment was implemented, we could say the police was independent. Now, the Judiciary is not independent. The law and order is not there in the country. This situation affects both the judiciary and democracy of the country.

Buddhasasana and Religious Affairs Deputy Minister M K A D S Gunawardena:

Opposition members made various statements during the recent past on this Bill. They said this was unjust and threat to democracy. They held press conferences on this.

But they did not say whom they were talking for, not about school teachers, university students, monks, doctors, farmers or labourers. They talk for criminals. They say these is a wave of crime in the country. Criminals never confess deliberately to Police. They have to be questioned long. For that, 24 hours in not adequate. There is limited room for Police officers to conduct investigations.

In this situation, criminals get the benefit affecting the peaceful living of the people.

S. Sumanthiran (TNA):

We oppose this Bill. It seeks to extend the period of detention at a Police station. The people have misunderstood that during this 48 hours period, the investigation will have to be completed. That is not time. That is why that does not make a logical sense to extend 24 hours to 48 hours.

There are instances of abusing 24 hours of detention. So, they are to be given another 24 hours.

Technology and Research Minister Pavithradevi Vanniarachchi:

We should not forget that the people, Sinhala, Tamil and Muslims lived in fear psychosis when the LTTE was active. However, from eradication of terrorism, especially people in the North and East received much solace.

Defence Secretary Gotabhaya Rajapaksa told the media after elimination of terrorism that steps would be taken to control crime. We have to appreciate it. These provisions are introduced to prevent crime, not for anything else.

Today, we can see constructive changes taking place in the Police under the direction of the Defence Secretary. Sub inspectors are recruited by means of examinations. Even, graduates join the Police as SI’s.

By now, 90 percent of warranted criminals have been arrested. There was a period when the criminals against whom warrants were issued, lived at large.

Anura Kumara Dissanayake (DNA):

The DNA does not support the amendments to the code of Criminal Procedure (special provisions) Bill, for allowing the Police to detain suspects of crime for more than 24 hours would only allow more abuses. Police abuses are well known and the new law would make matters worse. The government has not been able to take steps to bring down the crime rate. Allowing the Police to detain suspects for 48 hours was going to create much abuse and many human rights violations.

Livestock and Rural Community Development Deputy Minister H. R. Mithrapala:

The Bill was drafted in 2005 as there was a necessity to keep the suspects of crime for a long period in Police custody to be properly investigated. Organized criminal incidents have to be investigated at length before suspects are brought before courts. We have a good Police service with well experienced and trained police officers.

They are expected to protect freedom of the people and safeguard law and order in the country by using their experience.

UNP MP R. Yogarajan takes the Chair.

Lakshman Kiriella (UNP):

The UNP would not support the Bill as it would create further abuses at a time when the country is being accused of human right violations.

The government wants to cover up its weaknesses and failures by introducing amendments of this nature.

The government did not make any appeal to get pardon for house made Rizana. It is only the Asian Human Rights Commission which made several requests from the Saudi government to Rizana be freed.

Public Administration and Home Affairs Minister John Seneviratne:

No one seemed to be sympathetic towards the aggrieved parties of crime. Could the suspects of such cases not be kept in Police custody longer than 24 hours?

The people have been clamoring to end delays in legal procedures and in non summary in lower courts.

It was necessary to support the Police and the Judiciary to avoid delays. That was the reason that the cumbersome non summary procedure is being amended.

Ajith Kumara (Independent member):

This amendment has been brought forward today with the objective of protecting rulers of the country. The Bill will not provide any benefit or protection for the people, Today, rulers are unable to cover up its weaknesses and failures. They need to further suppress and oppress the people. People would oppose this amendment. The real objective of the amendment is to suppress the people, political parties and university students. Therefore, I request all the MPs to vote against the Bill.

Health Deputy Minister Lalith Dissanayeka:

The new law seeks to allow the Police to detain without warrants suspects of grievous crime for 48 hours instead of 24 hours as done under the present law. The law will also allow the direct indictment for offenses committed in aggravating circumstances and the non summary proceedings will be expedited and court cases will be terminated within 90 days. We have been able to control crime at certain level. The Police service has become more efficient during the past few years.

The government is committed to improve the criminal justice system. That is why new laws of this nature are introduced to Parliament today.

Jayalath Jayawardena (UNP):

There are provisions to detain suspect for 43 hours, I don’t know as to why this provision is introduced again.

They have to be detained 48 hours only with the permission of a Magistrate. By this new provisions, we vest the powers of the Judiciary to the Police. We give these powers to the Police at a time when there is no an independent Police commission. There are detaining centres of Police not attached to Police stations. If a detainee is taken to such a centre for 48 hours, it is questionable if the suspect would get justice.

M. Swaminathan (UNP):

The matter of 48 hours is an opinion. The Indian, British law, Malaysian Law etc have 24 hours for detention.

Deputy Chairman of Committees Chandrakumar Murugesu takes the Chair

I don’t know what is happening in Sri Lanka. If the Chief Justice is found guilty, she should be taken out of position. I agree to it. But the procedure should be laid out. Colombo is getting a facelift. I appreciate it. The Colombo District court has not been colourwashed and weeds are there in the premises.

There are some constructions which are not beautiful in the District Court premises.

Why don’t we finish all the cases in connection with terrorism and delete all unnecessary legislation stands against the fundamental rights.

Social Service Minister Feliex Perera:

When we consider crime, it an excessive number for the police. But the Police is conducting an appreciable job. They have arrested 60,000 to 70,000 warranted persons. So it seems that they have a genuine need to control the crime rate. So we have to provide provisions to support their service.

However, for the first time in Sri Lankan history, provisions have been introduced by this bill for the detainees to meet a lawyer or a close relative of the detainee. So, it is clear that the detainees’ rights have been guaranteed.

So far, 323 Police officers have been killed by criminals. Criminals are not babies in the way the opposition tries to point out. Ransom taking and rackets are conducted by criminals in prison. We have to prevent them. There are cyber crime, white collar crime. On the other hand, forge deeds are made. Can a Police officer investigate such a case within 24 hours?

So, we have to support these officers. After 23 years, the salaries of Police officers were increased. In 2004, 1,775 rapes were committed. It has increased by 10 percent in 2012. But the number of cases that were solved was increased by about 60 percent. That should not be hidden. Credit cards scams are very grave now. Police have found them out. So, I suggest that 14 days should be given for such investigations.

The Defence Secretary promised to curb crime. We have to applaud his attempt.

Criminal acts altogether which were 56,000 in 2004 have reduced to 40,000 in 2012. So, we have to support the Police to reduce the crime rate further.

Ajith P Perera (UNP): The Justice Minister, part of the Executive, has presented a Bill that would curtail the rights of the people in this country.

UPFA MP Uditha Lokubandara takes the Chair.

It is only the ordinary people, accused of minor offences, have been sentenced to jail. But there are many people, who had defrauded billions or millions of rupees, had not been nabbed by the long arm of the law.

That is why the people feel the law does not dispense justice equally. It has become necessary to arrest the growing rate of crime and revive the rule of law.

Justice Minister Rauff Hakeem:

The Bill which was presented today seeks to allow the Police detain a person who has been arrested without a warrant for 48 hours before producing him or her before a Magistrate instead of the normal 24 hours. Under this amendment, the suspect will be given an opportunity to consult a lawyer. The code of Criminal Procedure (Special Provisions) that provides for such a move was presented to Parliament on October 11 last year. A similar law was enacted in 2005 for the same purpose to facilitate investigations of the suspects arrested without a warrant. However, the Act remained in operation only for two years till 2007.

The 48 hour rule will be applied only for murder, rape, kidnapping to commit murder or armed robbery but not for minor offences under the code.

The detention period has been extended to 48 hours after arrest to facilitate the investigation process. These amendments will also provide the best solutions for the delay of court cases.

The TNA always alleged us regarding the Tamil inmates in prisons. We do not accept the TNA’s allegation of detaining any political prisoners. This amendment will strengthen the criminal justice system in Sri Lanka. This law would also encourage Police to abide by law and conduct lawful, fair and impartial investigations.

At Adjournment

Sports Minister Mahindananda Aluthgamage yesterday stated that it was decided to increase payment for cricketers at Test matches to uplift Test cricket in Sri Lanka.

He made this observation in response to an adjournment motion moved by UNP MP Ajith Perera.

Ajith P Perera (UNP):

It took long time for us to obtain the test cricket status. Therefore, we have a responsibility to safeguard the test cricket status which was obtained making a number of commitments by players as well as the authorities.

Lakshman Kiriella (UNP):

You have to take the control of the Sri Lanka cricket under you to solve the issue in Test cricket in the country.

Sanath Jayasuriya (UPFA):

From 1990 to 1996, cricket in Sri Lanka was brought to an appreciable level. Thereafter, we obtained a number of Test cricket matches. A timetable of Test cricket was introduced by the ICC and each country got a number of test matches. During the next seven years, Sri Lanka will participate in 70 Test matches. This will bring money to the country. However, the test matches that haven’t been played and in the Test cricket calender of the ICC, will be played in future. They would not be cancelled. So, the standard of cricket should be maintained. If there are defects, we have to take corrective measures.

Arjuna Ranatunga (DNA):

The UK gave only one match to Sri Lanka before 1998. When we beat them only they gave three matches to us. However, that opportunity was deprived due to our decision to attend the IPL. These matches in the calender cannot be postponed over and over again. We would be able to win matches against South Africa in 2013 if we play it. However it has been postponed to participate in the IPL.

If we don’t take corrective measures, SL cricket will face a serious problem. Test cricket is education but 20X20 is entertainment. The cricket should not be a business but a game. That would bring respect and dignity to us.

I know the Minister has a need to render a great service to cricket. He is helpless at certain points.

Thilanga Sumathipala (UPFA):

The officers of the Sri Lanka Cricket Control Board and new players do not have an understanding of the difficult path that the Sri Lanka cricket team has come to this position.

We have to protect Test Cricket in Sri Lanka to maintain the dignity of cricket in the country.

A H M Azwer (UPFA):

We have to pay our tribute to the late Tony Greg.

Sports Minister Mahindananda Aluthgamage:

We had Test Cricket matches with West Indies and South Africa. We postponed them. It has created suspicion. However, we have 70 test matches from 2012 to 2020.

For a one day match, 2,500 USD is paid while only 5,000 USD is paid for five days in a test match.

So, we have decided to increase the payment made to test matches.

I assure to MP Ajith Perera that we never take measures to reduce test matches for Sri Lanka.

We have decided not to allow any cricketer to participate in any other tournaments if there are matches scheduled for Sri Lanka.

The House was adjourned until 1 pm today.

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