Concerns remain over anti-terror law

Sri Lanka’s Lawyers Collective has expressed concern that recent statements seem to indicate that the new administration may continue with the Prevention of Terrorism Act, which the grouping says led to arbitrary detentions and torture of suspects.

“The Lawyers’ Collective expresses its grave concern regarding statements indicating that the PTA will be retained,” the group said in a statement.

“The PTA, enacted in 1979, is well known as a draconian piece of legislation with broad emergency-like executive powers, but enacted for use in ordinary times as well.

“The provisions and scheme of the PTA fail to protect fundamental rights such as freedom from arbitrary arrest, freedom from torture, and freedom of expression.

“The PTA, as implemented by successive governments since its enactment, has caused unmeasurable human suffering in the form of torture, long-term detentions, and instilling fear in minorities and those critiquing the government.

“The PTA has a record of being used as a weapon and continues to be used against any citizen with impunity.

“The call for its repeal has been resounding from within the country and internationally. There has been wide support for its repeal by political parties in recent years, but successive governments have retained it after taking office.”

The full statement is reproduced below:

Lawyers’ Collective calls on the government and all political parties to commit to repealing the Prevention of Terrorism Act (PTA)

On Oct. 29, the Director-General (Legal) at the Presidential Secretariat, Attorney at Law J M Wijebandara, representing the Government, stated that the issue was not the PTA’s existence as our law but rather its misuse to detain civil activists, journalists, and others.

He noted that the Government would not allow such misuse and that the PTA would only be applied based on “credible intelligence information, and it will not be used for political revenge”. On the same day, Cabinet Spokesman Minister Vijitha Herath stated: “There is a discussion on abolishing the PTA. We can only talk about changing the Act when the new Parliament is elected.” The Lawyers’ Collective expresses its grave concern regarding statements indicating that the PTA will be retained.

The National People’s Power (NPP), in its Election Manifesto of August 2024, commits to the “Abolition of all oppressive acts including the Prevention of Terrorism Act (PTA) and ensuring civil rights of people in all parts of the country” (p.129). During the recent presidential election campaign and even before, the NPP actively advocated against the PTA and the abuse of its powers and has also opposed new laws that are similarly oppressive. It is of grave concern, therefore, that after the people endorsed a mandate to repeal the PTA at the recent Presidential elections, the recent statements of the NPP government undermine the commitment made to the people.

The PTA, enacted in 1979, is well known as a draconian piece of legislation with broad emergency-like executive powers, but enacted for use in ordinary times. The provisions and scheme of the PTA fail to protect fundamental rights such as freedom from arbitrary arrest, freedom from torture, and freedom of expression. The PTA, as implemented by successive governments since its enactment, has caused unmeasurable human suffering in the form of torture, long-term detentions, and instilling fear in minorities and those critiquing the government. The PTA has a record of being used as a weapon and continues to be used against any citizen with impunity. The call for its repeal has been resounding from within the country and internationally. There has been wide support for its repeal by political parties in recent years, but successive governments have retained it after taking office.

President Anura Kumara Dissanayake must honor the commitment to repeal the PTA. The statement made on behalf of the government by Director General (Legal), Presidential Secretariat, J M Wijebandara, must be unequivocally clarified, and a clear commitment to repealing the PTA must be made public. This clarity and leadership are necessary to build public confidence that the government stands for the repeal of the PTA.

The Lawyers’ Collective also calls on all political parties to commit to multi-partisan support in the next Parliament to repeal the PTA. Parties must ensure that Sri Lanka’s counter-terrorism legal framework complies with human rights safeguards. If emergency measures are needed in a given situation, all emergency powers must be strictly confined to periods of a declared state of emergency. These measures will strengthen the rule of law, democracy, and human rights in the country and boost confidence in governance.