Anti-Terrorism Bill aimed at creating fascist dictatorship – IV

By Kalyananda Tiranagama 

(Continued from Friday)

There is no doubt that real terrorism is closely linked with other serious anti-social crimes such as drug trade, human smuggling, foreign exchange racketeering and computer crimes. What was the need for removing offences punishable under (i) Ss. 114, 116 -126 of the Penal Code; (ii) Poisons, Opium and Dangerous Drugs Ordinance; (iii) Foreign Exchange Act; and (iv) Immigrants and Emigrants Act from the list of Aggravating Criminal Acts associated with Terrorism in S. 8 of the Bill?

Is it the policy of the Govt to protect drug dealers, foreign exchange racketeers, human smugglers and real terrorists making preparations to overthrow the govt from being punished with deterrent penalties under the Bill, while hounding people’s organizations exercising their democratic right of conducting public agitations in defence of people’s rights?

Relaxation of PTA Provisions relating to detention of terrorists Stringent provisions in PTA which have been effectively used to suppress LTTE Terrorism and successfully prosecute LTTE terrorists have been relaxed much in the new CTB and ATB Bills.

Under the PTA a terrorist suspect arrested by a SP could be detained in Police custody for 72 hours for investigation purposes before producing him before a Magistrate. There was no need for informing his family about the arrest.

When such a person is produced before a Magistrate, the Magistrate will remand him till the conclusion of the trial. Such a person can be released from custody or granted bail only with the consent of the Attorney General.

Under the Anti Terrorism Bill, the arrested person to be informed by the Police at the time of the arrest: (a) the identity of the arresting officer; (b) the offence alleged to have been committed by the suspect; and (c) the suspect’s right of access to a lawyer.- S. 23

Arrested person’s family is to be informed of the arrest; written acknowledgement of arrest and custody in prescribed form to be issued to the family of the arrested forthwith or not later than 24 hours of the arrest with a copy to the arrested; Human Rights Commission and the IGP to be informed of the arrest within 24 hours. – S. 26

Notification issued to the family member should contain the following particulars: a. the date, time and place of arrest; b. reasons for the arrest; c. the location of custody or detention; d. the name, identification number and the rank of the arresting officer; (e ) any other information as may be necessary for the family member of the suspect to have access to him. – S. 27

Period of detention in Police custody reduced to 48 hours. Arrested person is to be produced before a Magistrate within not later than 48 hours of the arrest. The Magistrate is required – (a) to personally see the suspect and look into his well-being and welfare through a private interview, in the Chambers or in open Court in the absence of any police officer who arrested or conducted investigations (b) record any comment the suspect may make. – S. 28

Magistrate is required – to direct the suspect to forensic medical examination where he is of the opinion that the suspect may have been subject to torture. – S. 29 Where the suspect is remanded after medical examination, Police officers who previously had access to the suspect are not allowed to have access to the suspect. Investigations to be conducted by some other police officers as directed by the IGP. – S. 29

Under PTA, a suspect remanded has to remain in custody till the conclusion of the trial. No Court had power to grant bail without the consent of the Attorney General.

– Under ATB, no person can be held in remand custody exceeding 12 months from the date of arrest without instituting criminal proceedings. However on an application made by the AG, High Court may extend the period by 3 months, at a time. If no criminal proceedings instituted within the period allowed, Magistrate shall release the suspect on bail. – S. 30

Under PTA, the Minister can issue a detention order detaining a suspect for a period of 3 months at a time. It can be extended upto 18 months.

Under ATB, the President has no power to issue detention orders. At the request of an OIC of a Police Station for facilitating investigations, a DIG may issue a detention order, detaining a suspect initially for a period not exceeding three months. – S. 31

The period of detention beyond 3 months can be extended only with approval of a Magistrate. Where a Magistrate does not approve extension of a detention order, he may either remand the suspect or release him on bail. – S. 36

The maximum period a suspect can be held in detention on a detention order thus extended is 12 months. – S. 37

– Magistrate is required to visit the place of detention once a week, interview the suspect and look into his well-being. – S. 32

Under PTA, any statement made by a suspect to a Police officer not below the rank of an Assistant Superintendent, whether it amounts to a confession or not, whether the person was in police custody or not at the time of making the statement, may be proved against such person as evidence at the trial against him, unless it is irrelevant under S. 24 of the Evidence Ordinance. Most of the trials in LTTE cases depended on statements recorded from suspects in this manner.

Under ATB, only statements made by suspects, with legal advice available, to a Magistrate can be led in evidence at the trial of a suspect. – S. 67

By this Bill has relaxed the law showing much leniency to Tamil terrorists and religious extremists concerned with involved in acts of real terrorism aiming at overthrowing the Govt or waging war against the State through acts of violence, while treating the social groups struggling for their democratic rights against the policies detrimental to the interests of the people and the country.This is the most dangerous anti-democratic Bill ever introduced in our Parliament, which need to be defeated using every possible means.

(Concluded)