The Hon. Faiszer Musthapha, PC

¶ 01 Hon. Presiding Member, these Amendments to the Judicature Act and the Poisons, Opium and Dangerous Drugs Act are a very positive step, because the drug cartel today operates from the high seas; traffickers conduct their business on ships. There are also many stateless vessels. Therefore, bringing them within our jurisdiction is a positive step.

¶ 02 Hon. Presiding Member, the drug menace has become a major social issue and a significant cause of crime; many crimes are linked to drug trafficking. We know that recently even one of our fellow lawyers was killed due to drug traffickers.

¶ 03 Hon. Minister, I wish to bring an important matter to your attention. The big players running the drug trade from overseas are brought to Sri Lanka by you. But without a decoy system—creating a separate unit that can pretend to deal with the cartel—you cannot bring the big fish to book. If we are to solve this issue, we must catch the sharks, not the small fry. For that, our legal system must change. Our Police and tri-forces must be able to act as decoys and transact with them to bring them before the law. That is what the Americans did; they destroyed cartels through such mechanisms. Therefore, Hon. Minister of Justice, I appeal to you to create such a mechanism. Law enforcement officers told me at committees that until a decoy system is introduced, the cartel cannot be destroyed.

¶ 04 We have seen at Welikada Prison the sign “Prisoners are human beings.” Yet the conditions—overcrowding, sanitation—show that successive Governments have shown only minimal care. Hon. Minister, they should be provided basic necessities—sanitation, water, and proper nutrition.

¶ 05 We speak of severe overcrowding in prisons. It is an inhuman practice. As a lawyer, you know that all remand prisoners are innocent until proven guilty. Except for the need to remand them pending inquiries, they are not convicts. Therefore, special attention must be given to provide adequate facilities to remandees as well.

¶ 06 Many traffickers continue their business from prison. We know scramblers were installed, but as they jam neighbours’ phones, they were removed. Therefore, many conduct their trade inside prison; this is a serious problem.

¶ 07 This menace has also become a big issue for society, the judiciary, and legal practitioners. I urge the Government to enhance their security.

¶ 08 There is also the Assistance to and Protection of Victims of Crime and Witnesses Act. We should create a mechanism to relocate witnesses, especially in drug cases. In other countries, when witnesses cannot remain due to threats, they are sent abroad. Though resources are limited, to obtain testimony we must secure their interests. We need amendments to ensure their safety even after giving evidence; often, protection lasts only during trial. Please study mechanisms in other countries. If witnesses do not testify, cases cannot proceed. I urge special attention to witness protection.

¶ 09 Thank you, Hon. Presiding Member.