Amendments to Terrorism Prevention Act tabled in parliament

The Bill to amend the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 was tabled in the parliament today by Foreign Minister Prof. G.L. Peiris.

After the Bill was presented, Tamil National Alliance (TNA) MP M.A. Sumanthiran quoted the Justice Minister as saying that the PTA would be totally repealed.

In response, the Foreign Minister said, “All these criticisms can be made on the floor of parliament when this Bill is debated. It is presented in keeping with the Standing Orders of this House. Any citizen of the country can challenge it in the Supreme Court. We have to await the determination of the Supreme Court. Thereafter, there will be a full debate here in parliament and that is the proper occasion for any views for and against to be expressed.” 

Pursuant to the relevant amendments, the aggregate period of detention of a person under a detention order will be reduced from 18 months to 12 months.

The amendments will enable magistrates to visit the place of detention to ensure that the suspect is protected to the extent provided for in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994,

Meanwhile, a detainee will be allowed to apply for a remedy guaranteed under Article 126 or 140 of the Constitution.

In addition, the amendments will enable the suspect to be produced before a judicial medical officer to ensure that such person has not been subjected to torture and provide for holding trials on a day-to-day basis to ensure the expeditious disposal of cases.

Further, provisions will be made by the amendments for granting of bail to persons in remand or in detention and to question an Order made or direction given under the principal enactment despite the protection afforded to officers for any act or thing done or purported to be done in good faith.

Against this backdrop, a report issued by the Human Rights Watch on Feb. 07 alleged that the Sri Lankan government is using the PTA to commit “prolonged arbitrary detention and torture.”

The New York-based international rights organization urged the European Union, other trading partners, and donors to press for time-bound action to repeal “the abusive law” and reject the government’s proposed amendments.

The HRW said the report is based on its research on the PTA carried out since 2018, interviews conducted between January and December 2021, and a review of newly available court documents.

However, the Sri Lankan government responded that the proposed Bill to amend the present  PTA is a progressive step that would give persons subject to the said law, tangible protection towards securing, advancing and protecting their fundamental rights guaranteed under the Constitution.

Defending the proposed Bill, the government noted that it would be a salutary piece of legislation that would amend the existing Act, after almost 43 years since it was enacted.

It also reiterated that this is an important move towards the realization of enforcing international best practices to address counter-terrorism legislation.

Meanwhile, the European Union, during the 24th meeting of the EU-Sri Lanka Joint Commission on February 08 in Brussels, emphasized that important elements are not included in the gazetted Bill.

Further, the EU urged Sri Lanka to continue reducing the use of the PTA, and to undertake further practical and administrative steps to release on bail those detained under the PTA without charges.