The Bar Association of Sri Lanka (BASL) has issued a statement regarding the Government’s gazetting of the Protection of the State from Terrorism Bill (PSTA), followed by the Prevention of Organised Crimes Bill (OCB). Both Bills have since been placed on Parliament’s Order Paper.

Although both these Bills have been presented as legislative reforms, the BASL has raised concern, individually and collectively, that they would confer extraordinary powers of arrest, detention and surveillance upon the Executive, curtail judicial oversight at the very stages when the protection of individual liberty is most critical, and create criminal liability with far-reaching implications for freedom of association, expression and movement, the BASL said in a statement.

For these reasons, the BASL has raised serious concern in relation to the enactment of both Bills in their present form.

Accordingly, the BASL has called on the Government to:

Withdraw the Protection of the State from Terrorism Bill in its present form and restore the safeguards contained in the draft approved by the Committee, including through amendments at the Committee Stage should the Bill proceed further.

Publish the Committee's report and the recorded dissent and explain on what basis, and on whose instructions, the gazetted Bill departed from the draft approved by the Committee.

Withdraw the Prevention of Organised Crimes Bill and subject any proposed replacement to full and meaningful public consultation, including with the BASL, ensuring that its scope is confined to addressing organised crime consistently with the Convention, and that arrest, remand, detention and surveillance powers remain subject to effective judicial authorization and oversight.

Repeal the Prevention of Terrorism (Temporary Provisions) Act without delay, consistent with the need to safeguard fundamental rights and ensure that the criminal justice system operates in accordance with constitutional principles and the rule of law.