The government’s proposed counterterrorism and organised crime legislation risks perpetuating alleged human rights abuses associated with the Prevention of Terrorism Act (PTA), Human Rights Watch (HRW) has warned, raising concerns over arbitrary detention, torture, surveillance and restrictions on civil liberties.
The Protection of the State from Terrorism Bill (PSTB), submitted to Parliament on October 6, and the Prevention of Organised Crimes Bill, submitted on October 20, contain provisions that could grant authorities sweeping powers with inadequate judicial oversight, according to the international human rights organisation.
The Human Rights Watch organisation in a statement said the two bills come despite President Anura Kumara Dissanayake’s National People’s Power (NPP) alliance pledging in its 2024 election manifesto to abolish oppressive laws, including the PTA, and safeguard the civil rights of people across the country.
HRW said the proposed legislation risks reproducing some of the most problematic features of the PTA through separate legal frameworks, potentially allowing authorities to exercise extraordinary powers outside the safeguards provided by ordinary criminal law.
“Sri Lanka’s organised crime bill would enable prolonged detention without adequate judicial oversight or evidence of criminal conduct, and could encourage torture by allowing convictions based on confessions obtained by the police,” said Elaine Pearson, Asia director at Human Rights Watch.
Concerns over detention and judicial oversight
The Protection of the State from Terrorism Bill contains broad definitions of terrorism and grants the police, armed forces and coast guard powers to stop, search, question and detain individuals on the basis of reasonable suspicion, including in circumstances where warrants are not required.
Under the proposed law, detention orders could be issued for two months and extended for up to a year. HRW said a magistrate would not have the authority to overturn such orders, while provisions under the bill could allow a person to be held without charge for a total of up to two years.
The Prevention of Organised Crimes Bill similarly allows detention orders of two months at a time, for up to a year, with limited judicial oversight. Bail would generally be restricted, with suspects accused of serious crimes eligible for release only in exceptional circumstances.
HRW also raised concerns about the organised crime bill’s provisions permitting police-obtained confessions to be used as evidence in court, warning that the practice could encourage coercion, ill-treatment and torture.
The organisation noted that previous counterterrorism reform proposals had sought to address this issue by requiring confessions to be made before a magistrate.
Risks to freedom of expression and privacy
Both bills have raised concerns over their potential impact on freedom of expression, peaceful assembly and association.
The PSTB’s definition of terrorism includes acts intended to compel a government or international organisation to act or refrain from acting. HRW warned that such broad wording could be used to target legitimate protests, advocacy and dissent despite certain exemptions included in the draft.
The proposed organised crime legislation, meanwhile, defines serious crime broadly and allows courts to consider factors such as meetings with known group members, clothing, tattoos, hand signs and visits to certain premises when assessing possible membership in an organised criminal group.
HRW warned that these provisions could lead to individuals being targeted because of their associations rather than evidence of criminal conduct.
The bill also grants police extensive surveillance powers, including the interception of communications and extraction of data from electronic devices through court orders. In certain circumstances, authorities could obtain subscriber identities, call information and device location data from service providers without a court order.
Additional provisions restricting the publication of information identifying crime victims and reporting on court proceedings could further limit media freedom, the organisation said.
Implications for EU trade benefits
The proposed legislation also raises questions about Sri Lanka’s human rights commitments under the European Union’s Generalised Scheme of Preferences Plus (GSP+) programme, which provides preferential access to the EU market subject to compliance with international conventions and other conditions.
Sri Lanka committed to repealing the PTA in 2017 as part of the commitments associated with the restoration of its GSP+ status.
Despite pledges to abolish the legislation, the current government continued to use the PTA, the organisation said.
According to information provided to the United Nations by the Human Rights Commission of Sri Lanka, 46 PTA-related detention cases were recorded in 2025, with a further 12 reported during the first three months of 2026.
HRW said the new bills could undermine Sri Lanka’s compliance with its international obligations if they retain powers that facilitate arbitrary detention, torture and restrictions on fundamental freedoms.
Calls for reconsideration
HRW has called on the government to impose an immediate moratorium on the use of the PTA while revising the proposed counterterrorism legislation. It has also urged the government to withdraw the Prevention of Organised Crimes Bill and undertake genuine, open and inclusive consultations before introducing revised legislation.
The organisation said any new laws should include precise definitions of criminal offences, effective judicial oversight, access to legal counsel and robust safeguards against torture and arbitrary detention.
HRW also urged the European Union to make clear that the organised crime bill, in its current form, could fail to meet Sri Lanka’s human rights commitments under the GSP+ programme.
