The interim report of the Presidential Commission of Inquiry (PCoI) for the “Appraisal of the Findings of Previous Commissions and Committees on Human Rights and the Way Forward”, which also looked into the controversial Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA), has said that it disagrees with the calls to repeal the PTA. This has raised concerns over whether the PCoI’s final report and verdict about the PTA would turn out to be another damp squib.
Looking at some of the recommendations included in the interim report begs the question of whether the PCoI – led by Supreme Court Judge Justice A.H.M.D. Nawaz, with a former Inspector General of Police within its membership – has realised the gravity of the human rights-related issues that certain provisions of the PTA have caused, as the interim report apparently fails to address the most dangerous provisions of the PTA.
The first recommendation – amending Section Nine of the PTA (which currently allows the Defence Minister to extend the detention periods of a suspect without filing charges against them) to file indictments against those detained for more than three months – is perhaps the only major issue the interim report has addressed. Allowing lengthy detentions without filing indictments has in fact been a major concern raised by many who spoke against the PTA; however, it is still unclear as to what would be the fate of those who have been detained for over three months in the event the Attorney General lacks substantial reasons or evidence to file indictments.
The second recommendation – amending Section 11 of the PTA to allow those detained for over three months to be confined to their own homes or residential areas, under special security – is an existing provision, while the third recommendation – amending Section 13 of the PTA – is merely aimed at changing the ethnic composition of an Advisory Board that the President is allowed to appoint to advise himself and/or the Defence Minister.
Unfortunately, it is unclear if the PTA’s other glaring issues, such as the ability to use a suspect’s confession (made to a Police officer) as admissible evidence in a court of law, and to detain a suspect for a prolonged period of time for questioning, would be addressed in the PCoI’s final report.
This interim report is an arrow against a bulletstorm of calls for the repealing of, or introduction of major amendments to, the PTA in line with international best practices and standards on counter terrorism laws; calls made by local and international human rights activists and organisations, including the Human Rights Watch.
This opposition to the PTA stems from several provisions that violate the people’s right to due process, including the right to a fair trial. In a major development, the EU Parliament last month adopted a Resolution against Sri Lanka’s failure to fulfil human rights commitments, with the PTA being one of its concerns, seeking the reappraisal of the Generalised Scheme/System of Preferences-Plus trade concession afforded to Sri Lanka. The PTA has also been discussed at the United Nations Human Rights Council (UNHRC) on many occasions, as an abusive law that violates human rights.
In this context, it would be right to say that Sri Lanka has more than enough reasons to either repeal or amend the PTA, or to replace it with a new law that does not violate human rights and is consistent with the country’s Constitution. The fact of the matter is that the PTA was never meant to exist this long – it was originally a temporary law that was enacted hastily in drastic times.
According to the Weerawansa vs. Attorney General and Others (Supreme Court Application No. 730/96) case, Justice Mark Fernando stated that when the PTA Bill was referred to the Supreme Court, the Court did not have to decide whether or not any of those provisions constituted reasonable restrictions on Articles 12(1) (the right to equality before the law and the equal protection of the law), 13(1) (freedom from arbitrary arrest), and 13(2) (freedom from arbitrary detention) of the Constitution, permitted by Article 15(7) (in the interests of national security and/or public security), because the Court was informed that it had been decided to pass the Bill with a two-thirds majority (from all 225 Parliamentarians, including those not present – a special majority). The PTA had been enacted with a two-thirds majority, and accordingly, in terms of Article 84, the PTA became law despite any inconsistency with the Constitution.
There is no debate or doubt that Sri Lanka, as a country that has faced terrorism in the past, needs an anti-terrorism law in place. However, like any other law, the PTA should be amended to address its shortcomings, and to be timely.
When the interim report issued by a PCoI on human rights does not show any promising signs, we cannot help but wonder whether PTA’s issues will be suitably addressed in the foreseeable future. When very specific legal changes are unlikely to take place, can we keep our hopes up about addressing practical issues that are not written anywhere, such as PTA detainees’ language issues, allegations of torture, cruel, inhuman, degrading treatment or punishment, and discrimination, and the conditions under which they remain in detention?The PTA eyewash
22 Jul 2021
The PTA eyewash
22 Jul 2021
The interim report of the Presidential Commission of Inquiry (PCoI) for the “Appraisal of the Findings of Previous Commissions and Committees on Human Rights and the Way Forward”, which also looked into the controversial Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA), has said that it disagrees with the calls to repeal the PTA. This has raised concerns over whether the PCoI’s final report and verdict about the PTA would turn out to be another damp squib.
Looking at some of the recommendations included in the interim report begs the question of whether the PCoI – led by Supreme Court Judge Justice A.H.M.D. Nawaz, with a former Inspector General of Police within its membership – has realised the gravity of the human rights-related issues that certain provisions of the PTA have caused, as the interim report apparently fails to address the most dangerous provisions of the PTA.
The first recommendation – amending Section Nine of the PTA (which currently allows the Defence Minister to extend the detention periods of a suspect without filing charges against them) to file indictments against those detained for more than three months – is perhaps the only major issue the interim report has addressed. Allowing lengthy detentions without filing indictments has in fact been a major concern raised by many who spoke against the PTA; however, it is still unclear as to what would be the fate of those who have been detained for over three months in the event the Attorney General lacks substantial reasons or evidence to file indictments.
The second recommendation – amending Section 11 of the PTA to allow those detained for over three months to be confined to their own homes or residential areas, under special security – is an existing provision, while the third recommendation – amending Section 13 of the PTA – is merely aimed at changing the ethnic composition of an Advisory Board that the President is allowed to appoint to advise himself and/or the Defence Minister.
Unfortunately, it is unclear if the PTA’s other glaring issues, such as the ability to use a suspect’s confession (made to a Police officer) as admissible evidence in a court of law, and to detain a suspect for a prolonged period of time for questioning, would be addressed in the PCoI’s final report.
This interim report is an arrow against a bulletstorm of calls for the repealing of, or introduction of major amendments to, the PTA in line with international best practices and standards on counter terrorism laws; calls made by local and international human rights activists and organisations, including the Human Rights Watch.
This opposition to the PTA stems from several provisions that violate the people’s right to due process, including the right to a fair trial. In a major development, the EU Parliament last month adopted a Resolution against Sri Lanka’s failure to fulfil human rights commitments, with the PTA being one of its concerns, seeking the reappraisal of the Generalised Scheme/System of Preferences-Plus trade concession afforded to Sri Lanka. The PTA has also been discussed at the United Nations Human Rights Council (UNHRC) on many occasions, as an abusive law that violates human rights.
In this context, it would be right to say that Sri Lanka has more than enough reasons to either repeal or amend the PTA, or to replace it with a new law that does not violate human rights and is consistent with the country’s Constitution. The fact of the matter is that the PTA was never meant to exist this long – it was originally a temporary law that was enacted hastily in drastic times.
According to the Weerawansa vs. Attorney General and Others (Supreme Court Application No. 730/96) case, Justice Mark Fernando stated that when the PTA Bill was referred to the Supreme Court, the Court did not have to decide whether or not any of those provisions constituted reasonable restrictions on Articles 12(1) (the right to equality before the law and the equal protection of the law), 13(1) (freedom from arbitrary arrest), and 13(2) (freedom from arbitrary detention) of the Constitution, permitted by Article 15(7) (in the interests of national security and/or public security), because the Court was informed that it had been decided to pass the Bill with a two-thirds majority (from all 225 Parliamentarians, including those not present – a special majority). The PTA had been enacted with a two-thirds majority, and accordingly, in terms of Article 84, the PTA became law despite any inconsistency with the Constitution.
There is no debate or doubt that Sri Lanka, as a country that has faced terrorism in the past, needs an anti-terrorism law in place. However, like any other law, the PTA should be amended to address its shortcomings, and to be timely.
When the interim report issued by a PCoI on human rights does not show any promising signs, we cannot help but wonder whether PTA’s issues will be suitably addressed in the foreseeable future. When very specific legal changes are unlikely to take place, can we keep our hopes up about addressing practical issues that are not written anywhere, such as PTA detainees’ language issues, allegations of torture, cruel, inhuman, degrading treatment or punishment, and discrimination, and the conditions under which they remain in detention?Kapruka
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Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Automobile, Mother and Baby Products, Clothing, and Fashion. Additionally, Kapruka offers unique online services like Money Remittance, Astrology, Medicine Delivery, and access to over 700 Top Brands. Also If you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.Send love straight to their heart this Valentine's with our thoughtful gifts!