UN Convention Against Corruption
This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:
Article 30 - Prosecution, adjudication and sanctions
UnderwayNo compliance update present
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Article 30.1 Make the commission of an offence under UNCAC liable to sanctions that take into account the gravity of that offence.
Article 30.8 This must be without prejudice to the exercise of disciplinary powers by the competent authorities against civil servants.
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Commission to Investigate Allegations of Bribery and Corruption (CIABOC)
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• All bribery offences under the Bribery Act No. 11 of 1954 has the maximum punishment at 7 years and with a fine not exceeding five thousand rupees or both.
• For the offence of corruption under section 70 a person can be imprisoned up to 10 years or subjected to a fine not exceeding one hundred thousand rupees.
• In some instances, additional penalties are prescribed (Bribery Act No. 11 of 1954 sections 26, 26 A, 28A) as forfeiture of property.
• As per the Establishment Code sections 27 and 28, disciplinary action can still be taken against public servants who have been convicted for corruption. Public Service Commission can take these actions nationally or at provincial level.
Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf
Link to Country Review Report of Sri Lanka under the First Review Cycle 2012-2013 pages 76-79 for list of offences with punishments http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf .
Link to Establishment Code http://www.pubad.gov.lk/web/images/stories/ecode/ecode(s).pdf
Completed
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Article 30. 2 Take measures to establish or maintain an appropriate balance between any immunities or jurisdictional privileges accorded to its public officials for the performance of their functions and the possibility, of effectively investigating, prosecuting and adjudicating offences under UNCAC.
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Commission to Investigate Allegations of Bribery and Corruption
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• Constitution of Sri Lanka article 35 (1) of the Constitution provides for total immunity from criminal or civil prosecutions on the President. The 19th Amendment to the Constitution subjects this immunity to the fundamental rights of a person.
• Section 19 (1) of the Commission to Investigate Allegations of Bribery or Corruption Act No 19 of 1994 provides protection to its officers performing functions in good faith under the Act.
Link to Constitution http://www.parliament.lk/files/pdf/constitution.pdf
Link to Commission to Investigate Allegations of Bribery or Corruption Act https://www.ciaboc.gov.lk/images/Publications/Commission_Act_english.pdf
Completed
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Article 30. 4 Take measures to seek to ensure that conditions imposed in connection with decisions on release pending trial or appeal take into consideration the need to ensure the presence of the defendant at subsequent criminal proceedings.
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Commission to Investigate Allegations of Bribery and Corruption (CIABOC)
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• According to the Bail Act No 30 of 1997 read with section 6(1), 30A (2) & (4) and 73(2) of the Bribery Act No. 11 of 1954 persons suspected of accepting bribes and impeding witnesses from giving evidence can be held in custody until the conclusion of the trial, and may be released on bail in exceptional circumstances. Specific laws deal with bail in respective Acts.
Link to Bank Act http://moj.gov.jm/sites/default/files/laws/Bail%20Act_0.pdf
Link to Bribery Act https://www.ciaboc.gov.lk/images/Publications/Bribery_Act_english.pdf
Completed
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Article 30. 5 Take into account the gravity of the offences concerned when considering the eventuality of early release or parole of persons convicted of such offences.
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Prisons Department, Attorney General’s Department
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• Section 58 of the Sri Lankan Prisons Ordinance No. 16 of 1877 allows for remission of sentences and rewards for good conduct.
• There are no measures on early release or parole depending on the level of offences.
Link to Prisons Ordinance http://hrlibrary.umn.edu/research/srilanka/statutes/Prisons_Ordinance.pdf
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