Joint Opposition Warns Proposed Anti-Corruption Bill Could Worsen Prison Overcrowding

The Joint Opposition has expressed concern over the Government's proposed Anti-Corruption (Amendment) Bill, warning that stricter bail provisions could undermine fundamental rights and further aggravate Sri Lanka's prison overcrowding crisis.

In a statement issued today, the Opposition highlighted Clause 17 of the Bill, which seeks to amend Section 149 of the Anti-Corruption Act, No. 9 of 2023. The proposed amendment would make all offences under the Act cognizable and non-bailable.

Under the proposed law, bail would only be granted in exceptional circumstances by a High Court for offences involving alleged bribes of Rs. 100,000 or more, or corruption offences involving losses or benefits of Rs. 500,000 or more.

The Opposition argued that the proposed provisions would significantly limit judicial discretion, weaken the presumption of innocence, and infringe upon the constitutional right to personal liberty guaranteed under Article 13 of the Constitution.

It further warned that expanding the scope of non-bailable offences could result in prolonged pre-trial detention and expose more suspects to overcrowded and inhumane prison conditions.

Citing Right to Information (RTI) data published by BBC Sinhala on August 2, the statement noted that several major prisons are operating at three to five times their intended capacity. Negombo Prison, for example, was reported to be housing 2,403 inmates despite having an approved capacity of just 496, while Welikada, Colombo Remand, and Magazine Prisons were also described as severely overcrowded.

The Joint Opposition linked these conditions to the recent prison unrest, including the deadly Negombo Prison riot on July 5–6, which claimed 28 lives, and the disturbances at Mahara Prison on August 1.

The Opposition called on the Government to withdraw or amend Clause 17, arguing that anti-corruption legislation must remain proportionate and consistent with constitutional and human rights protections.

It also urged international partners, including the United Nations Development Programme (UNDP), the European Union (EU), the Asian Development Bank (ADB), and the Government of Japan, to examine the human rights implications of the proposed bail provisions and support reforms that align with international standards.

"Effective action against corruption is essential," the statement said. "However, it must not come at the cost of fundamental rights, public safety, or by placing further strain on an already overcrowded prison system."