Sri Lanka’s Centre for Policy Alternatives, a Colombo-based policy think-tank, has decried the proposed amendments to Sri Lanka’s draconian Prevention of Terrorism Act (PTA) as “grossly inadequate” and demanding an “immediate moratorium on the use of PTA until an acceptable law can be drafted”.

“The proposed amendment to the PTA appears to be more a token effort to address international pressure rather than a genuine and effective exercise to address ground realities and the abuses and violations brought about by the PTA” their report notes.

Sri Lanka’s proposed amendments come in advance of the 49th session of the UN Human Rights Council in the last week of February. It also follows the passage of a damning resolution by the EU parliament which condemned the regression of human rights in Sri Lanka and noting the government’s failure to repeal the PTA as it had previously committed to. The resolution called on the European Council to investigate and prosecute war crime abuses; to suspend funding for the training of Sri Lanka’s security forces; and to suspend the favourable trading preferences granted by the GSP+ agreement.

The CPA lists the following objections:

- The amending Bill does not address problems with the admissibility of statements and confessions under the PTA. The provisions of the PTA waive the application of the Evidence Ordinance and there are no safeguards to be followed in recording confessions and statements from suspects.

- The period of 72 hours after arrest and before production before a magistrate has not been amended. This is a loophole in the PTA which facilitates the torture of those arrested under the PTA while in custody.

- The lack of judicial oversight during investigations has not been addressed by the amendments. The extensive powers granted to investigating officers including to take suspects from place to place, creates space for the continued violation of their rights as many reported being subjected to torture during such periods of being taken out of prison for interrogation.

- The definition of the acts which fall within the offence of terrorism is of a broad and vague nature, and has allowed the PTA to be used even in instances where its use is not warranted. This has not been addressed by the amendments.

- The access to an attorney-at-law is already provided for by law and the amending provision does not ensure the protection of the right to representation of the accused. Many PTA prisoners mention difficulties, particularly financial difficulties they face retaining legal counsel, as well as due to the nature of the cases, since there is stigma attached to appearing for a PTA accused. The amendments fail to address this issue.

- There is no provision in the PTA for information to be provided at the time of arrest on the cause of arrest and the rights of the suspect. This is in violation of Article 13(1) of the Constitution and Sri Lanka’s international obligation under Article 9(2) of the ICCPR.

- The PTA gives broad rule making powers to the minister and this has led to several instances where regulations which enable abuse and human rights violations have been made under these provisions. Most recently, the Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021 which can further jeopardise the rights and liberties of persons, especially religious and ethnic minorities, and curtail political dissent with no effective due process guarantees has been promulgated under this provision. The amendment fails to address this.

- Section 6 of the PTA gives extensive powers of search and seizure.

Read the full report here.