The Free Lawyers Organization has issued a strong warning that proposed bail provisions in the Anti‑Corruption (Amendment) Bill pose serious threats to fundamental rights and will worsen Sri Lanka’s already dire prison overcrowding crisis.
In a statement, the group expressed deep concern over amendments to Section 149 of the Anti‑Corruption Act, No. 9 of 2023. The Bill makes all offences under the Act cognizable and non‑bailable, with bail permitted only by the High Court in exceptional circumstances when offences involve bribes of Rs. 100,000 or more, or corruption causing losses or benefits of Rs. 500,000 or more, certified by the Director‑General.
The organization argued that these provisions severely restrict the discretion of Magistrates’ Courts, place substantial power in the hands of the Director‑General at the investigative stage, and create a presumption against liberty from the outset. They warned that the principle that bail should be the rule and jail the exception is effectively reversed, undermining the presumption of innocence and the constitutional right to personal liberty under Article 13.
If enacted, the amendment could lead to prolonged pre‑trial detention of large numbers of individuals, many of whom may ultimately be acquitted or face years‑long trials. This, the group cautioned, would further inflate the remand population and expose more people to inhumane prison conditions, raising concerns under the right to freedom from cruel, inhuman or degrading treatment.
The warning comes against the backdrop of severe prison overcrowding. Data obtained by BBC Sinhala under the Right to Information Act revealed that as of July 4, 2026:
- Welikada Prison: capacity 839 — held 3,400 inmates
- Colombo Remand Prison: capacity 328 — held 2,782 inmates
- Magazine Prison: capacity 499 — held 3,046 inmates
- Negombo Prison: capacity 496 — held 2,403 inmates
Further unrest at Mahara Prison on August 1 highlighted the crisis, with more than 4,100 inmates held. A National Audit Office report published on August 3 identified delays in Government Analyst reports and detention of inmates unable to pay small fines as major drivers of overcrowding. It also warned that mixing drug‑related inmates with others has fueled underworld activity inside prisons.
The Free Lawyers Organization urged Parliament to withdraw or substantially amend the proposed bail provisions, stressing that anti‑corruption measures must be proportionate, rights‑compliant, and realistic about prison capacity.
The group also appealed to the UNDP, European Union (JURE project), Asian Development Bank, Government of Japan, and other partners to examine the human‑rights implications of the proposed bail regime, engage the Government on clearing the backlog of Analyst reports, end detention for minor fine defaults, and ensure reforms remain consistent with international standards.
“Effective action against corruption is essential,” the statement concluded. “It must not be pursued through measures that endanger lives, undermine fundamental rights, and ignore the proven administrative failures of the prison system.” (Newswire)