The Human Rights Commission of Sri Lanka (HRCSL) submitted key recommendations regarding the Prevention of Terrorism Act (PTA) and the proposed Protection of the State from Terrorism Bill in a letter sent by HRCSL Chairman (Retired Supreme Court Judge) Laxman T. B. Dehideniya to Justice Minister Harshana Nanayakkara, with a copy forwarded to President Anura Kumara Dissanayake: Key Recommendations from the HRCSL Repeal the Prevention of Terrorism Act (PTA): The HRCSL states that the Prevention of Terrorism (Temporary Provisions) Act is a severe stain on Sri Lanka’s statute book and emphasizes that there is no better time than now to repeal it entirely. Handle Terrorism Offenses Under Ordinary Law: The Commission strongly recommends that offenses related to “terrorism” be dealt with under ordinary criminal procedure rather than through special emergency or repressive legislation. Narrow the Scope of “Terrorist Offense”: The definition and scope of a “terrorist offense” should be significantly amended and narrowed to prevent overly broad interpretation or abuse against non-terrorist activities. Ensure Judicial Oversight on Detention Orders: Any Detention Order (DO) issued against a person arrested for a terrorism offense must be subjected to meaningful judicial oversight in line with constitutional expectations. Grant Meaningful Judicial Authority for Bail: Judges must be empowered with genuine discretionary authority to grant bail to suspects arrested on suspicion of terrorism offenses in all appropriate circumstances. Guarantee Access to Legal Counsel: Suspects must be given meaningful access to legal advice before making any statement in front of a Magistrate. Additional Context & Background Alignment with Fundamental Rights and International Standards: The HRCSL emphasized that these legal reforms are critical to ensure Sri Lanka’s anti-terrorism measures fully align with Chapter III (Fundamental Rights) of the Constitution of Sri Lanka and its international human rights commitments. Legislative Context: The recommendations come as the government reviews draft counter-terrorism legislation to replace the decade-old PTA, which has drawn long-standing criticism from local civil society groups, the UN, and international human rights organizations for enabling arbitrary detention and lack of due process.

The Human Rights Commission of Sri Lanka (HRCSL) submitted key recommendations regarding the Prevention of Terrorism Act (PTA) and the proposed Protection of the State from Terrorism Bill in a letter sent by HRCSL Chairman (Retired Supreme Court Judge) Laxman T. B. Dehideniya to Justice Minister Harshana Nanayakkara, with a copy forwarded to President Anura Kumara Dissanayake:

Key Recommendations from the HRCSL

• Repeal the Prevention of Terrorism Act (PTA): The HRCSL states that the Prevention of Terrorism (Temporary Provisions) Act is a severe stain on Sri Lanka’s statute book and emphasizes that there is no better time than now to repeal it entirely.

• Handle Terrorism Offenses Under Ordinary Law: The Commission strongly recommends that offenses related to “terrorism” be dealt with under ordinary criminal procedure rather than through special emergency or repressive legislation.

• Narrow the Scope of “Terrorist Offense”: The definition and scope of a “terrorist offense” should be significantly amended and narrowed to prevent overly broad interpretation or abuse against non-terrorist activities.

• Ensure Judicial Oversight on Detention Orders: Any Detention Order (DO) issued against a person arrested for a terrorism offense must be subjected to meaningful judicial oversight in line with constitutional expectations.

• Grant Meaningful Judicial Authority for Bail: Judges must be empowered with genuine discretionary authority to grant bail to suspects arrested on suspicion of terrorism offenses in all appropriate circumstances.

• Guarantee Access to Legal Counsel: Suspects must be given meaningful access to legal advice before making any statement in front of a Magistrate.

Additional Context & Background

• Alignment with Fundamental Rights and International Standards: The HRCSL emphasized that these legal reforms are critical to ensure Sri Lanka’s anti-terrorism measures fully align with Chapter III (Fundamental Rights) of the Constitution of Sri Lanka and its international human rights commitments.

• Legislative Context: The recommendations come as the government reviews draft counter-terrorism legislation to replace the decade-old PTA, which has drawn long-standing criticism from local civil society groups, the UN, and international human rights organizations for enabling arbitrary detention and lack of due process.

(With the inputs from a Sinhala-language website, Satahan)