Due Process during COVID-19 in Sri Lanka

Abstract

This article discusses the fulfilment of due process rights when arrests were made during the COVID-19 curfew period in Sri Lanka. It briefly identifies the legal framework used for those arrests, highlights the due process requirements contained therein, and analyzes the state of due process in Sri Lanka. The article argues that compliance with due process standards has become more ad hoc depending on the political nature of the offense. It concludes that such discriminatory compliance undermines the rule of law and democratic values in Sri Lanka and suggests recommendations to address these challenges to democracy. The selective enforcement of due process rights is not a new phenomenon in Sri Lanka. However, the COVID-19 pandemic has created a greater space for harm by the state as arrestees and detainees have limited access to courts and judges who are able to review complaints of rights violations while in custody.