header logo
Mogo Academy
Latest
BASL slams govt over abuse of PTA to arrest and detain protesters
Aug 23, 202206:00 PM
BASL slams govt over abuse of PTA to arrest and detain protesters
Mobitel Inner

The Bar Association of Sri Lanka (BASL) says it is deeply concerned at the use of the provisions of the Prevention of Terrorism Act (PTA) to arrest and detain persons who have been involved in protests against the Government.

 

In a media release dated 19th August 2022 the Sri Lanka Police has stated that certain suspects are being presently detained in relation to incidents which occurred during the protests from 9th April  2022. 

 

The BASL noted that since then Detention Orders for 90 days, have been issued, signed by the President in his capacity as the Minister of Defence detaining three protestors under Section 9 of the PTA.

 

“The PTA is a draconian piece of legislation, which gives wide powers to the Executive to arrest and detain persons for a lengthy period of time,” the Bar Association said in a statement today. 

 

It said that although Detention Orders are amenable to the Fundamental Rights and Writ Jurisdictions of the apex courts, they are not subject to regular judicial supervision unlike instances of arrests and detention under the general law. 

 

The BASL said administrative detention confers the Executive with wide powers over the freedom of physical liberty of a person and lengthy detention periods without judicial supervision go against internationally accepted standards of protections of human rights. “There is also the danger that such detention may result in the detainee being subject to torture and inhuman treatment.”

 

The association said that provisions of the PTA have time and again been abused as evidenced by many judgments of the apex courts in Fundamental Rights and Writ Applications and as observed by several Members of Parliament on the 22nd March 2022 during the second reading debate on the Bill seeking to amend the Prevention of Terrorism Act, as reflected in the Hansard of that date. 

 

During the said debate the present President Ranil Wickremesinghe who was a Member of Parliament has inter alia stated referring to the PTA that “in time to come, it was abused.”

 

The BASL emphasized the provisions of the PTA must be resorted to only in very exceptional circumstances where there is manifest evidence indicative of a terrorist dimension that would make resort to its use justifiable. “The PTA was intended to address situations of terrorism and never to address offences which may have occurred during the expression of dissent against the Government such as protests for which there exist the ordinary law of the land including the Penal Code.” 

 

In fact, in its response dated 15th December 2021 to the then Foreign Minister, Prof. G. L. Pieris, on a document prepared by the Foreign Ministry ‘setting out the main changes proposed in the provisions of the Prevention of Terrorism Act’ the BASL advocated amending section 2(1) of the PTA to prevent the misuse of the PTA to arrest and detain persons who are not connected to terrorist acts. 

 

“The BASL notes that the PTA is now being used despite assurances by the Government of Sri Lanka (GOSL) that it was implementing a moratorium on the use of the PTA.”

 

 During the aforesaid debate in Parliament as reflected in the Hansard on the 22nd March 2022, the then Minister of Justice M.U.M. Ali Sabry, presently the Minister of Foreign Affairs stated in Parliament as follows:

 

“As a result, since September 2021, there has been a de facto moratorium on the use of the PTA on offences other than those which have a direct involvement with terrorism. Therefore, these are progressive steps made in that regard.”

 

The BASL also noted that the use of the PTA has been seen as a matter of concern in granting to Sri Lanka an extension of the GSP+ by the European Union. The abuse of the PTA has also been raised time and again at the United Nations Human Rights Council in Geneva.

 

“In these circumstances and in the absence of a clear definition of terrorism in the PTA, there is a grave danger of it being abused to stifle legitimate expressions of dissent and to target persons who exercise their democratic rights including the freedoms of speech and expression, peaceful assembly, and association.”

 

The BASL therefore called upon the President and the law enforcement authorities to refrain from using the PTA in this manner and to immediately rescind the Detention Orders issued referred to above.

 

 

 

 

MostRead
Mobitel Upahara
VideoStories
Farmers struggle continues as paddy prices plummet; PMB buys over 1 million kg of ‘Yala’ paddy

Farmers struggle continues as paddy prices plummet; PMB buys over 1 million kg of ‘Yala’ paddy

“Final salute to a dedicated officer ”Former IGP Wickramaratne laid to rest with full police honours

“Final salute to a dedicated officer ”Former IGP Wickramaratne laid to rest with full police honours

 Dengue situation worsening in Sri Lanka; Caseload surpasses 76,000 with 162 MOH areas at high risk

Dengue situation worsening in Sri Lanka; Caseload surpasses 76,000 with 162 MOH areas at high risk

 12 years at the heart of every breaking story Ada Derana News Channel marks another milestone

12 years at the heart of every breaking story Ada Derana News Channel marks another milestone

“Sri Lanka reclassified as Upper-Middle Income economy” What are the benefits for the people?

“Sri Lanka reclassified as Upper-Middle Income economy” What are the benefits for the people?

Former Presidents, politicians pay last respects to ex-Police Chief; Final rites tomorrow in Borella

Former Presidents, politicians pay last respects to ex-Police Chief; Final rites tomorrow in Borella

Women account for most dengue fatalities in 2026; PHIs take legal action against 10,000 individuals

Women account for most dengue fatalities in 2026; PHIs take legal action against 10,000 individuals

“Many have lost faith and trust in God” Cardinal says modern society prefers football over religion

“Many have lost faith and trust in God” Cardinal says modern society prefers football over religion

Govt has belittled and ridiculed country's farmers - MP Dilith Jayaweera

Govt has belittled and ridiculed country's farmers - MP Dilith Jayaweera

Who supplied fake QR stickers found on liquor bottles? MP Harsha de Silva questions

Who supplied fake QR stickers found on liquor bottles? MP Harsha de Silva questions

Farmers raise concerns over unopened govt paddy warehouses

Farmers raise concerns over unopened govt paddy warehouses

Over 1,500 fatalities reported from road accidents so far this year - Sri Lanka Police

Over 1,500 fatalities reported from road accidents so far this year - Sri Lanka Police

Former IGP C.D. Wickramaratne found dead in suspected suicide at Malabe residence

Former IGP C.D. Wickramaratne found dead in suspected suicide at Malabe residence

Appeal Courts postpones further hearing of Suresh Sallay’s writ petition to July 21

Appeal Courts postpones further hearing of Suresh Sallay’s writ petition to July 21

“Democracy must be defended from elected leaders” - Former BASL President

“Democracy must be defended from elected leaders” - Former BASL President

Lassana Flora