Commission calls for judicial oversight of detention orders and genuine judicial discretion to grant bail
The Human Rights Commission of Sri Lanka (HRCSL) has strongly recommended that the controversial Prevention of Terrorism Act (PTA), which has faced criticism for decades, be repealed in its entirety and that terrorism-related offences, as far as possible, be dealt with under ordinary criminal law and criminal procedure.
The recommendations were made as the government considers the proposed Protection of the State from Terrorism Bill, which is intended to replace the existing PTA.
HRCSL Chairman and retired Supreme Court Justice Laxman T. B. Dehideniya outlined the Commission’s observations and recommendations in a letter addressed to Justice Minister Harshana Nanayakkara, with a copy also forwarded to President Anura Kumara Dissanayake.
“PTA is a serious stain on the statute book”
The HRCSL has described the Prevention of Terrorism (Temporary Provisions) Act as a serious stain on Sri Lanka’s statute book.
The Commission stressed that there is no better time than the present to repeal the legislation in its entirety.
Should terrorism require separate repressive laws?
The Commission recommends that offences related to terrorism be dealt with through ordinary criminal law and criminal procedure rather than through exceptional or special legal mechanisms.
The HRCSL has also warned against adopting an excessively broad definition of a “terrorist offence” under any new legislation.
It has recommended significantly narrowing the definition and scope to prevent conduct unrelated to genuine terrorism from being brought within the ambit of counter-terrorism legislation.
Judicial oversight of detention orders
The HRCSL has emphasised that any Detention Order (DO) issued against a person arrested in connection with a terrorism-related offence should be subject to meaningful judicial oversight.
The use of such detention powers must also comply with constitutional safeguards and respect the fundamental rights guaranteed under the Constitution.
Judges must have genuine authority to grant bail
The Commission has also focused particular attention on bail provisions concerning individuals arrested on suspicion of terrorism-related offences.
It recommends that judges be given genuine and meaningful discretionary authority to determine whether bail should be granted in appropriate circumstances.
Access to a lawyer before making a statement
The HRCSL has further recommended that suspects be provided with meaningful and practical access to legal advice before making any statement before a Magistrate.
The Commission considers this an important safeguard for protecting suspects’ legal rights and ensuring due process.
A counter-terrorism law consistent with fundamental rights
The Commission has stressed that any new counter-terrorism framework must fully comply with the fundamental rights guaranteed under Chapter III of Sri Lanka’s Constitution, as well as the country’s international human rights obligations.
For years, local civil society organisations, United Nations mechanisms and international human rights organisations have raised concerns over the PTA, including allegations of arbitrary and prolonged detention and inadequate due-process safeguards.
The central position reflected in the HRCSL’s recommendations is that, rather than merely replacing the PTA with another broadly framed special law under a different name, terrorism-related offences should be addressed through the ordinary legal system wherever possible, while strengthening judicial oversight, access to bail and the right to legal counsel.
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