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SJB informs TNA it rejects PTA amendments

10 Mar 2022

  • Sajith writes to Sumanthiran on proposed amendments
  • Calls for PTA’s repeal and replacement
In a letter to Illankai Tamil Arasu Kadchi (ITAK) Parliamentarian, Tamil National Alliance (TNA) Spokesman, and President’s Counsel M.A. Sumanthiran yesterday (10), Samagi Jana Balawegaya (SJB) and Opposition Leader Sajith Premadasa said that the SJB’s position is that the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended (PTA) should be repealed, and that it rejects the proposed amendments contained in the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill in total. “We find that none of the many weaknesses of the PTA are addressed by the proposed amendments to the PTA that have been placed on the order paper of the Parliament. Therefore, the SJB rejects the proposed amendments in toto. Our position is that the PTA cannot be tinkered with. It must be repealed, and a law that accords with international standards and effectively balances public and national security, and personal liberty must replace it,” said Premadasa. Therefore, the SJB has recommended that the Sri Lanka Law Commission’s 2016 proposals be adopted as the starting point to repeal and replace the PTA. “The proposals, titled the ‘Protection of National Security Bill’ are concise and effective, and are compatible with international best practices and our national security and human rights related interests.” Meanwhile, the Committee for Protecting the Rights of Prisoners requested all MPs to pay attention to certain matters when passing the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill. “The PTA, which is contrary to basic humanitarian principles, is being used to oppress and control civil society and political activists, lawyers, and others. No matter what amendment is brought without removing the unfair and unjust provisions of the Original Enactment which directly affect citizens’ rights, such would not do away with the threat posed to citizens’ rights. Therefore, all 225 MPs must see to it that such dangerous aspects are not included in the said Bill. The process of confessions introduced by the PTA under which a confession given by a suspect or accused to the Police can be used to find them guilty, in a manner contrary to the provisions regarding confessions that are contained in the Evidence Ordinance, must be removed and the process stipulated in the Evidence Ordinance must be utilised instead.  “The PTA contains no clear provisions on the grant of bail to suspects arrested under it. This suspends the presumption of innocence enshrined in the Constitution’s Article 13(5). Therefore, the said Bill must include clear legal provisions regarding the grant of bail to suspects. A suspect arrested under the PTA has to stay under detention orders issued by the Executive. The Executive is represented by political representatives. Therefore, in such instances, the creation of space to enact revenge from opponents cannot be prevented. Hence, by detaining such persons under detention orders issued by the Judiciary, a certain degree of relief can be expected. It is only by doing so that an amendment which to some extent protects the citizens’ democracy and other human rights could be introduced,” the letter read. The second reading of the said Bill took place in Parliament yesterday. The proposed amendments were tabled in Parliament last month, and were then challenged in the Supreme Court (SC). The Speaker of the House read out the SC determination in Parliament this week, which said that while some amendments need to be further amended, others need to be passed with a two-thirds majority in Parliament. This month, the United Nations Human Rights Council (UNHRC) called for an immediate moratorium on the use of the PTA. The TNA has begun a campaign to collect signatures from around the island for a public petition demanding that the PTA be repealed. Colombo Archbishop His Eminence Malcolm Cardinal Ranjith and former PTA detainee Ahnaf Jazeem have added their signatures to the petition.


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