Notwithstanding the amendments already suggested by the Government which includes the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill, the Human Rights Commission of Sri Lanka (HRCSL) has advocated for the complete abolition of the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended.
In a press release issued on “The Briefing of the Diplomats on 8, 9, and 10 February, on the road map of the HRCSL for 2022 held at the HRCSL Headquarters” yesterday, which dealt with the repeal of the Prevention of Terrorism Act (PTA), it was noted that the Commission “believes that the offence of terrorism should be included in the Penal Code with a new definition for terrorism, which should be explicitly for those who threaten or use violence unlawfully to target the civilian population by spreading fear to further a political, ideological, or religious cause”. The Commission advocates that terrorism should be investigated under the general law of the country with necessary amendments.
The Commission also supports that it is not required to exclude the application of the Evidence Ordinance for the offence of terrorism.
Moreover, the Commission has observed that the indefinite period of detention violates the Constitution’s Article 13(4) which holds that the “deprivation of liberty of a person pending investigation or trial shall not constitute punishment”.
Further, the Commission has pointed out that amendments to the Penal Code, the Code of Criminal Procedure, the Judicature Act, and the Bail Act require modifications for this purpose.
Meanwhile, an islandwide signature campaign was conducted by the “Justice for All” organisation appealing to the Government of Sri Lanka to honour its promise to repeal the PTA, with the convener of the organisation being Parliamentarian M.A. Sumanthiran.
The islandwide signature campaign in Colombo was conducted from 11 a.m. to 1 p.m. in front of the Fort Railway Station.
“The Government has given several assurances in the past that this legislation will be repealed and a law will be enacted in its place that complies with international human rights standards and norms. However, the recent Amendment Bill presented to the Parliament falls short of such assurances and fails to address any of the draconian provisions in the PTA,” the letter noted.
The letter additionally states that the 1979 PTA was brought about as a Temporary Provisions Act for six months, yet continues to be in operation for over 40 years.
“During this period, we have witnessed its use to crush dissent against the Government of the day, as has been done consistently in the past and which continues today,” the letter mentioned.
Last week, Foreign Minister Prof. G.L. Peiris tabled the the Bill to amend the PTA in Parliament, whilst MP Sumanthiran, upon presentation of the Bill by Prof. Peiris, quoted Justice Minister Ali Sabry as saying that the PTA would be totally repealed.