The Joint Opposition has raised concerns about a proposed amendment to Sri Lanka's Anti-Corruption Act that would make most corruption offences non-bailable, arguing the measure threatens fundamental rights and will worsen prison overcrowding.
The Joint Opposition has issued a statement expressing alarm over Clause 17 of the government's proposed Anti-Corruption (Amendment) Bill, which would significantly restrict bail eligibility for individuals accused of corruption-related offences. Under the amendment, persons suspected of soliciting or accepting bribes exceeding Rs. 100,000, or causing government losses of at least Rs. 500,000, would be denied bail except in exceptional circumstances determined by the High Court.
The Opposition contends that these provisions severely curtail judicial discretion and undermine constitutional protections, particularly Article 13 guaranteeing the right to personal liberty. They argue the amendment reverses the fundamental principle that bail should be the default unless circumstances warrant detention, and instead creates a presumption against liberty at the investigation stage. The group claims this violates the presumption of innocence and could lead to prolonged pre-trial detention for individuals who may ultimately be acquitted.
The Opposition's concerns are grounded in documented prison conditions. Data obtained through Right to Information requests and reported by BBC Sinhala reveals severe overcrowding across major facilities as of July 2026. Welikada Prison held 3,400 inmates against an approved capacity of 839, while Negombo Prison held approximately 2,403 inmates when designed for 496. The Opposition links this crisis directly to recent prison unrest, including riots at Negombo Prison in July 2026 that resulted in 28 deaths, and subsequent disturbances at Mahara Prison. Official figures indicate approximately 90 percent of detainees have been held for less than one year as suspects.
The Joint Opposition demands the government withdraw or substantially amend Clause 17, calling for anti-corruption measures that remain proportionate and rights-compliant. The group has urged international partners, including the UN Development Programme and European Union, to examine the human-rights implications of the proposed bail regime and engage the government on calibrated legislation that does not worsen pre-trial detention pressures.
