Terrorism legislation Sri Lanka

 

Terrorism legislation Sri Lanka
 

Malavarayan vs. vijayapalan

 

In the pretext of safeguarding civil liberties, the executive often arms itself with enormous powers, leading to the emergence of authoritarianism and the erosion of civil liberties. This is true in many nations around the world, even those claiming to be the guardians of democracy. Terrorism legislation is increasingly becoming a weapon in the armoury of the executive for control of the population and consolidation of power.

 

UN Concerns on PTA

 The Prevention of Terrorism Act (PTA) in Sri Lanka was introduced as a temporary measure in1979, but has become a permanent feature of the statue book and the draconian legislation continues in force despite condemnation by international agencies, including  treaty- monitoring bodies of the United Nations. The UN working Group on Disappearances recommended in 1991 that the PTA, which provided extensive powers to the security forces, thus encouraging human rights violations and impunity should be abolished or brought in line with internationally accepted standards as it violates the provisions of the International Covenant on Civil and Political Rights (ICCPR).

 Several other UN bodies have denounced the PTA and have made recommendations to Sri Lanka for abolition or amendment. The UN Committee Against Torture called upon Sri Lanka in 1998 to review the emergency regulations and the PTA as well as rules of practice pertaining to detention to ensure that they confirm to the provisions of the Convention Against Torture. As NGOs within and outside Sri Lanka intensified their campaign on grounds that the PTA and emergency regulations are the main causes for arbitrary detention, torture and enforced disappearances, the UN Working Group on Enforced or Involuntary Disappearances again expressed its concern. In 1999, the Working Group recommended that the PTA and emergency regulations be brought into line with accepted international standrs regarding due process of law and treatment of prisoners. The UN Committee on the Elimination of Racial Discrimination recorded its worry in 2001 over the restrictions placed on civil and political rights under the PTA its allegedly discriminatory application with regard to Tamils.

 

Ceasefire Agreement

 One of the demands of the Liberation Tigers of Tamil Eelam (LTTE) in pre-ceasefire talks was the abolition of the PTA. As the Sri Lankan government was opposed even amending the PTA, a compromise was reached, with government assurance that the PTA will not be used after the ceasefire.


Terrorism Act 2000

 The provision of the Sri Lankan PTA are much harsher than legislation relating to terrorism in many other democratic countries. In Britain, since the 9/11 attacks in New York in 2001, the Labour government has introduced a series of laws giving more powers to the executive and the public. Human rights agencies have criticized Britain’s terrorism laws, including the Terrorism Act 2000, as granting powers and detention to the police, which are too wide.

 A suspected terrorist may be arrested under Terrorism Act 2000 without a warrant and detained for 48 hours without giving any reason for the suspicion. The person must be released after 48 hours if no application is made for extension of detention. The police may apply to Magistrate’s Court, within the 48 hours for the issue of a warrant for further detention. The application for extension may also be made within six hours after the end of the 48-hour period. However, the court must dismiss the application for extension. If it consider that, it would have been reasonably practicable to make the application during the period of 48 hours. The extension may be granted only up to seven days.

 The court may issue the warrant for extension of the detention only if it is satisfied that there are reasonable grounds for believing that further detention of the person is necessary to obtain relevant evidence or to preserve relevant evidence and that the investigation is being conducted diligently and expeditiously.

 

Proposed amendments to the PTA

 As a state of emergency, which lapsed in 2002, has been re-introduced in Sri Lanka. There are also demands for review of the ceasefire agreement. In the current climate of killings, violence and uncertainty, there may also be demands for resumption of the use of the PTA, and in the circumstance, there is a need for urgent action. The long-term objective should be the repeal of the PTA in its entirety. Meanwhile, measures are needed to amend the law.

 

 

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