Responding to a joint letter signed by seven UN Special Rapporteurs calling for a moratorium on the use of Sri Lanka's Prevention of Terrorism Act; the Government of Sri Lanka (GOSL) has dismissed the statement as "factually incorrect" and noting that they were only provided 48 hours to comment.

Addressing the letter the GOSL notes that the fundamental right petitions against the PTA are still being considered by Sri Lanka's Supreme Court and further claimed that they were adopting a "two-pronged approach towards amending counter-terrorism legislation". 

This involved short-term measures amending the PTA to draw it into line with Sri Lanka's international obligations and replacing the act with new counter-terrorism legislation.

Responding to this letter Human Rights Watch has slammed efforts by the Sri Lankan government maintaining that "President Gotabaya Rajapaksa carries little credibility". Instead, they urge the European Union to follow the lead of the United States and impose pressure on Sri Lanka to ensure that it abides by its international obligations. This includes the revoking of its GSP+ privileges which were based on its promises to repeal or reform the PTA.

Promised reforms

In their letter the GOSL highlights their alleged commitment to a raft of reforms which include amending "detention orders"; "restriction orders"; "judicial review"; expediting cases"; ensuring "access to an attorney"; preventing "maltreatment and torture"; and ensuring the right of detainees "to communicate with family". The letter also referenced an advisory body that detainees could appeal to.

In HRW's statement, they raise doubts over Sri Lanka's commitments to reform the measures highlighting that the committee overseeing reforms to the PTA is headed by Sri Lankan Defense Secretary and accused war criminal Kamal Gunaratne. Gunaratne oversaw the notorious 53 Division of Sri Lanka's army during the final stages of the war. His unit is further accused of engaging in sexual violence, summary executions, and the disappearance of those who surrendered to the military.

Responding to concerns over systemic torture, the Sri Lankan letter notes that "instructions have been issued to all police officers regarding conduct". However, the letter failed to detail how perpetrators of tortures would be held accountable. In September of this year, the International Truth and Justice Project released a report detailing the torture of 15 Tamils detained under the PTA since Rajapaksa assumed office.

Sri Lanka's dire record on torture and police brutality has forced Police Scotland to suspend their training contract with Sri Lankan forces earlier this year.

Use of pardons

The GOSL further attempts to defend their record by pointing to the pardoning of 16 alleged LTTE cadres in June. Those released had already served their full sentences and were set to be released next year.

The decision came as Sri Lanka faced increased pressure from European Parliament as they had published a damning report on the rapid deterioration of human rights on the island and the continued use of the PTA.

Responding to the announcement, Tamil National People’s Front (TNPF) leader, Gajendrakumar Ponnambalam welcomed the release of the political prisoners but insists that it comes conveniently after Sri Lanka’s GSP+ came under question.

“The government minister or [concerning officials] should not be allowed to say whether these prisoners should be freed or not. The systemic problem is the PTA. Unless you repeal the PTA and make sure no other law is brought in that even resembles the PTA, this systematic arbitrary injustice will continue,” he insisted. 

His calls to repeal the PTA have also been echoed by Tamil National Alliance spokesperson, M.A Sumanthiran.

“You cannot amend the PTA, you have to repeal the PTA. The whole basis, the foundation of the law is flawed” Sumanthiran maintained.

Concern over Tamil political prisoners who remain in detention has been raised by NGOs such as The Voice of the Voiceless; which noted at the time that:

"There are many who are rotting in prisons to this day including those who have been detained without any charges and those who have appealed the ruling given by a lower court”.

Arrests under affiliation with banned organisations

The submission provided by the GOSL included a response from the Office of the Inspector General of Police which detailed their supposed process for making arrests under the PTA.

In their statement, they highlighted how an individual would be placed under investigation for possessing "phone an image/picture of a member or a person of a banned organisation or an image with a logo of a banned organisation".
The letter added that the investigating officer would need to judge the individual's intentions for possessing such a picture before detaining the individual but provided little clarity on what would justify an arrest. 

Officers were permitted to detain individuals for 72 hours before receiving instructions from the Director of the Counter-Terrorism and Investigation Division; if the directors approve they may be held for an unspecified measure of time.
The letter comes as the UN experts chide the PTA for permitting arbitrary arrests with detainees and their family members not being informed of why they have been detained. The UN officials statements highlight their concerns over the Sri Lankan authorities use of torture and how this legislation has been used to target journalists and human rights defenders. 

Read Sri Lanka's statement here.

Read the UN experts statement here.