The Attorney General today informed the Supreme Court that the proposed Bureau of Rehabilitation Act will be subject to judicial review and the government intends to introduce certain amendments to the proposed bill at the committee stage in Parliament.
Deputy Solicitor General Kanishka de Silva Balapatabendi, appearing for the Attorney General, submitted to the court that, according to the amendments, every magistrate is duty-bound to visit every rehabilitation centre situated within the judicial division at least once a month to ensure that the people undergoing rehabilitation at the centre are protected.
The DSG further said amendments will be brought enabling the Human Rights Commission of Sri Lanka to visit every centre on a complaint received, to ensure that the rights of the people undergoing rehabilitation at the centre are protected to the extent provided by law, and make appropriate recommendations.
Furthermore, the Magistrate can direct the IGP to commence an investigation into the alleged torture in order to enable the Attorney General to institute criminal proceedings against the people who are alleged to have committed the torture.
Eight Special Determination petitions have been filed by various individuals and parties, including former Commissioner of the Human Rights Commission of Sri Lanka (HRCSL) Ambika Satkunanathan, Attorney-at-law Amila Suyama Egodamahawatta, and the Young Journalists’ Association.
The Supreme Court three-judge-bench comprising Justices Gamini Amarasekara, Mahinda Samayawardena and Arjuna Obeysekera fixed the petitions for further hearing to be taken up tomorrow (04).
The petitioners alleged that the bill titled “Bureau of Rehabilitation” has been brought with the ulterior motive of further harassing Aragalaya protestors as this bureau is vested with powers to send people to rehabilitation without a judicial order.
The petitioners further raised concern about the militarization of the rehabilitation process by way of Section 17 of the Bill, which allows the President to designate any member of the armed forces to discharge the powers, duties, and functions under the Act.
The petitioners said, according to the preamble of the bill, the main objective of the Act is to rehabilitate misguided combatants and individuals engaged in extreme or destructive acts, whereas no interpretation has been given to those terms.
Through these petitions, the petitioners are seeking a declaration that the bill requires the approval of the people at a referendum in addition to the 2/3 approval of Parliament.
Suren Fernando, Shantha Jayawardena, Hejaaz Hizbullah, Pulasthi Hewamanna, and Manjula Balasooriya appeared for the petitioners.
