The Free Lawyers organisation has raised concerns that proposed amendments to Sri Lanka's Anti-Corruption Act would restrict bail eligibility and lead to prolonged pre-trial detention, further straining an already critically overcrowded prison system.
The Free Lawyers organisation has challenged the government's proposed Anti-Corruption (Amendment) Bill, arguing that its stricter bail provisions would exacerbate conditions in Sri Lankan prisons that are already operating significantly beyond capacity. According to the group's statement, the amendments would make most corruption-related offences non-bailable and restrict High Court bail authority to exceptional circumstances for cases involving bribes exceeding Rs. 100,000 or government losses above Rs. 500,000.
The organisation contends that these measures would concentrate investigative power with the Director-General while undermining constitutional protections of personal liberty and the presumption of innocence. Officials warn that the provisions reverse the established principle that bail should be the default rather than imprisonment, potentially affecting numerous individuals who may ultimately be acquitted or face lengthy trials.
Data obtained through Right to Information requests reveals the severity of current overcrowding. Major facilities including Welikada Prison (holding 3,400 inmates against a capacity of 839) and Negombo Prison (2,403 inmates versus 496 capacity) are drastically overcrowded. A National Audit Office report identified administrative delays in forensic analysis as a primary cause, with approximately 15,117 suspects detained pending Government Analyst reports and another 1,940 held solely due to inability to pay fines. These backlogs preceded deadly prison riots in July and August 2026.
The Free Lawyers argue that implementing stricter non-bailable provisions amid these systemic failures would intensify pressure on deteriorating facilities and heighten risks to inmates and staff. The organisation calls on the government and Parliament to withdraw or substantially revise the bail provisions, emphasising that anti-corruption efforts must remain proportionate and rights-compliant while addressing documented administrative shortcomings.
