SUNIL JAYASIRI 
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UN experts calls for end to arbitrary detention in SL
The three-member UN Working Group on Arbitrary Detention which was in Sri Lanka from December 4, today urged the government to introduce urgent reforms to the 'outdated' legal framework to end arbitrary detention in the country.
The delegation comprised Working Group Members José Antonio Guevara Bermúdez, Leigh Toomey and Elina Steinerte.
They called for urgent reforms to address problems including the excessive use of remand, a lack of effective alternatives to detention, an outdated legal framework and reliance on confessions often extracted under torture or duress.
The experts said further urgent action was required to give effect to Sri Lanka’s obligations under international human rights law, as well as the commitments made by the Government in its Human Rights National Action Plan 2017-2021.
“The right to personal liberty has yet to be respected by law enforcement, security forces, judicial and other authorities,” the experts said in a statement, at the end of their visit to the country.
They said court proceedings were affected by excessive and unjustified delays, while suspects remained in detention indefinitely, adding that the rights to the presumption of innocence and due process were yet to be fully recognized.
The experts urged Sri Lanka to repeal the Prevention of Terrorism Act of 1979, which they said was one of the key enablers of arbitrary detention for over four decades.
The experts also paid particular attention to the deprivation of liberty of those in situations of vulnerability, such as children, women, elderly people, those with psychosocial disabilities, and those living in poverty.
“Despite identifying positive practices in this regard, it is concerning that the legal basis and procedures for depriving people of their liberty are not clearly established. There are no effective safeguards against arbitrariness in this context and there is an urgent need to strengthen mechanisms for independent monitoring and oversight,” the experts said.
They will present the final report on its visit to the United Nations Human Rights Council in September next year. (Lahiru Pothmulla)
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