Justice Minister Ali Sabry, PC, says a decision on the Prevention of Terrorism Act (PTA) will be taken by the Cabinet of ministers and Parliament.
Minister Sabry said so when The Island sought his response to the declaration by the HRCSL (Human Rights Commission of Sri Lanka) that the PTA should be abolished. He said, “Any individual or an organisation is free to express opinions. Ultimately, the Cabinet of ministers and the parliament shall decide taking all concerns into account.”
The five member-HRCSL, in a statement issued on 15 Feb, following consultations with the Colombo-based diplomatic community, declared: “Notwithstanding the amendments already suggested by the government, the HRCSL advocates the complete abolition of the PTA. The Commission believes that the offence of terrorism should be included in the Penal Code with a new definition for terrorism. It is explicitly for those who threaten or use violence unlawfully to target the civilian population by spreading fear thereof 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. The indefinite period of detention violates the Constitution. “Deprivation of liberty of a person pending investigation or trial shall not constitute punishment” (Article 13 (4). Amendments to the Penal Code, the Code of Criminal Procedure Code. Judicature Act and the Bail Act require modifications for this purpose.”
Foreign Minister and former internationally recognised law professor G.L. Peiris said that the PTA was being amended with the objective of bringing it in line with international norms and best practices. According to the academic the PTA was being amended after lengthy deliberations over several months and the proposed amendments were an initial step towards the promulgation of a more comprehensive anti-terror legislation.
The FM explained that substantive amendments to the PTA included amendments to the sections on detention orders, restriction orders, expressly recognizing judicial review of orders, expeditious disposal of cases of those charged to avoid long term detention, repealing sections impinging on freedom of expression and introduction of provisions on access by magistrates and judicial medical officers, prevention of maltreatment and torture during the detention period, right to communicate with the family, grant of bail to long term detainees and day to day hearing of cases.