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ICJ opposes proposed Anti-Terrorism Bill

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The International Commission of Jurists (ICJ) has expressed concern over the proposed Anti-Terrorism Bill.It says it is extremely concerned, in particular, about clause 4(1)(a) of the Bill, which, if adopted in its current formulation, would introduce the death penalty for “the terrorism offence of murder”, ICJ said in a statement.

“Purported threats to national security, whether or not arising in connection with acts of ‘terrorism’, should not be used as a justification for the death penalty,” ICJ’s Senior Legal Adviser Livio Zilli said.The Bill does feature certain improvements on the PTA. However, the ICJ considers that the Bill’s other problematic aspects clearly outweigh the positives, the statement noted.

In addition, the ICJ expressed particular concern over the overbroad and vague definition in clause 3 of “acts of terrorism” that can be interpreted in a manner that stifles dissent and to crush peaceful protests. It also pointed out that clause 16 identifies disobeying any direction issued under the Act as a “terrorist offence”. This creates a fresh category of offences likely to be misused by the present government and future administrations against any kind of opposition.

“If enacted as currently formulated, these vague and overbroad offences, similar to and building up on those contained in the PTA, are open to abuse and, as such, they violate Sri Lanka’s international legal obligations and the country’s own constitutional guarantees under Article 13,” Zilli added.

Highlighting that the ICJ has consistently called for the repeal of the Prevention of Terrorism Act, the ICJ renewed its call on Sri Lanka to repeal the PTA and immediately halt attempts to replace it with an even worse piece of legislation.

Full text of the statement: The ICJ is concerned that the newly proposed anti-terrorism legislation, if adopted as currently formulated, will give rise to a panoply of human rights violations and, much as the existing “Prevention of Terrorism Act”, is open to misuse.

On 22 March 2023, the government of Sri Lanka published the proposed 97-page “Anti- Terrorism Bill” (Gazette notification dated 17 March 2023), which, if adopted, would replace the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). The Bill purports to do away with the provisions of the PTA that were considered in violation of international human rights law.

However, the International Commission of Jurists (ICJ) is extremely concerned, in particular, by clause 4(1)(a) of the Bill, which, if adopted in its current formulation, would introduce the death penalty for “the terrorism offence of murder”. Sri Lanka has been a de facto abolitionist country for decades, given that a moratorium on executions has been in place in Sri Lanka since 1976. The ICJ is opposed to the death penalty in all circumstances, as a violation of the right to life, and as the ultimate cruel, inhuman and degrading punishment.

“Purported threats to national security, whether or not arising in connection with acts of ‘terrorism’, should not be used as a justification for the death penalty”, said Livio Zilli, ICJ’s Senior Legal Adviser.

The Bill does feature certain improvements on the PTA, such as:

— the removal of a provision pursuant to which a detainee’s confession to a police officer without the presence of the detained person’s lawyer is admissible;

— the requirement for the arresting officer to issue a document notifying the arrest to the next of kin of the accused immediately or at least within 24 hours;

— employing women police officers to arrest/question and search women;

— guaranteed access to translation in a language of the accused’s choice of information relating to the arrest; and

— an obligation to bring the detainee before a magistrate every 14 days when the person is detained without a Detention Order (DO).

However, the ICJ considers that the Bill’s other problematic aspects clearly outweigh the positives. In addition to the above-mentioned concern about the introduction of the death penalty, of particular concern is the overbroad and vague definition in clause 3 of “acts of terrorism” that can be interpreted in a manner that stifles dissent and to crush peaceful protests. Clause 16 further identifies disobeying any direction issued under the Act as a “terrorist offence”. This creates a fresh category of offences likely to be misused by the present government and future administrations against any kind of opposition.

“If enacted as currently formulated, these vague and overbroad offences, similar to and building up on those contained in the PTA, are open to abuse and, as such, they violate Sri Lanka’s international legal obligations and the country’s own constitutional guarantees under Article 13,” said Livio Zilli.

A key precondition to a fair trial under international law is that criminal offences must be prescribed by law and conform to the principle of legality. The principle of legality requires that crimes be classified and described in precise and unambiguous language that narrowly defines the punishable offence with a clear definition of the criminalised conduct, establishing its elements and the factors that distinguish it from conduct that is not criminally proscribed. Criminal law must not proscribe any act or omission in terms that are vague, imprecise, arbitrary or overly broad. Vague laws undermine the rule of law because they leave the door open to selective and arbitrary interpretation, law enforcement and prosecution.

Moreover, if enacted in its current form, the bill would provide limited judicial oversight while granting law enforcement officials additional powers than those they currently enjoy under the PTA. For example, under clause 28 (2)(a) the Magistrate may not review a detention order made by any Deputy inspector general of police (DIG) in the country. Pursuant to clause 28 (b) (iii) as currently formulated, when a detention order has not been issued or placed before the Magistrate, a Magistrate could discharge an accused only if the Officer-in-Charge of the police station requested it and the Magistrate agreed to it. Such provision infringes the separation of powers by arrogating to the police a power that is properly that of the judiciary — in this instance by making the decision of the Magistrate to discharge the accused dependent upon the Officer-in-Charge requesting the accused’s discharge in the first place.

The maximum period of detention under a detention order is 12 months (clause 37) with the police having to file a confidential report that includes the allegation against the accused, the investigation’s findings and the reasons for further detention, with a Magistrate after the first three months (clause 36). The Magistrates cannot review a detention order ordered by a DIG. In the absence of a detention order, the accused is to be brought before a Magistrate every 14 days (clause 38).

While the Bill allows for Magistrates to visit places of detention and for the accused to have access to lawyers, Sri Lanka’s experience under the PTA in the last 44 years has shown that such safeguards do not offer much protection since Magistrates often do not have the time to visit places of detention, such as prisons, due to their workload. Similarly, even if detainees are granted access to lawyers, it has rarely ever been in private.

If adopted as currently formulated, the Bill would establish two bodies, namely the Board of Review chaired by the Secretary of the Ministry of Defence, and an Independent Review Panel to be appointed by the President, purportedly to ensure oversight. However, such bodies would lack the required independence necessary to carry out any effective oversight of the enforcement of the law. Rather, it would seem that, instead of acting as necessary checks on police abuses, both bodies would likely be helpful in concealing any irregularities that may characterise the legislation’s enforcement.

The Bill also empowers the President to proscribe organizations on the recommendation of the Inspector General of Police (IGP) or of the government if there are “reasonable grounds to believe” that the concerned organisation has engaged in an act amounting to an offence under the proposed law or in “an unlawful manner prejudicial to the national security of Sri Lanka” (clause 82).

The President may also declare any place: a “prohibited place,” if so requested by the IGP or the commanders of the armed forces or the Director General of the Coast Guard (clause 85). There is no time limit set for the period of prohibition and any place can potentially be declared a “prohibited place”. This easily allows for repression of any dissent since the police need not have to go before the Magistrate to obtain time limited restraining orders against protests as is the current practice, but instead, immediately get the site of protest declared a prohibited place. Such acts violate the right to be free from arbitrary arrest as per Article 13 of the Constitution, as well as the freedoms of speech and expression, of peaceful assembly and of association all protected under Article 14 of the Sri Lankan Constitution.

Further, the President may also issue regulations to implement “rehabilitation programmes” for persons for whom the Attorney-General has recommended a deferment or suspension of criminal action (clause 100). This is especially concerning since, in the past, accused persons have been coerced into accepting “rehabilitation”, particularly in cases where the State has had little or no evidence to put them on trial.

The ICJ has consistently called for the repeal of the Prevention of Terrorism Act, which has been used to arbitrarily detain suspects for months and often years without charge or trial, facilitating torture and other abuse. United Nations human rights bodies, including most recently the Human Rights Committee, have consistently called on Sri Lanka to enforce a moratorium on the use of the Prevention of Terrorism Act pending repeal and to repeal the Act. In this connection, the ICJ renews its call on Sri Lanka to repeal the PTA and immediately halt attempts to replace it with an even worse piece of legislation, as it is the case with respect to the current draft of “the Anti-Terrorism Bill”.



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Construction of Jet A-1 Aviation fuel pipeline and new oil tank complex at Muthurajawela begins under President’s patronage

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President Anura Kumara Dissanayake said that the Government’s objective is to maintain a strong state presence in the energy market while providing an efficient service to the people, adding that significant progress has been achieved towards this objective over the past two years and that a strong energy market that does not place a burden on the people is now being built in Sri Lanka.

The President made these remarks on Friday (02) morning  while attending the commencement of construction of the Jet A-1 pipeline system of the Ceylon Petroleum Corporation (CPC) and two new oil storage tank systems belonging to the CPC and the Ceylon Petroleum Storage Terminal Limited (CPSTL).

The projects are being implemented in line with the Government’s national objective of developing infrastructure in the energy sector, with the aim of ensuring the security of aviation fuel supplies, reducing supply costs and providing the capacity required to meet future demand for aviation fuel.

A dedicated pipeline and associated tank complex are being constructed to connect Muthurajawela with the Bandaranaike International Airport in Katunayake, with the aim of meeting the future demand of the country’s aviation sector, ensuring the security of aviation fuel supplies and reducing transportation costs.

Construction has commenced on five new Jet A-1 fuel storage tanks with a total capacity of 92,000 cubic metres. These comprise two large Jet A-1 tanks, each with a capacity of 30,000 cubic metres; two medium-sized tanks, each with a capacity of 15,000 cubic metres; and an additional tank with a capacity of 2,000 cubic metres. The fuel supply pipeline system will be connected to the airport through a 21-kilometre-long underground pipeline with a diameter of 10 inches from the Muthurajawela tank complex. The project is scheduled for completion within 30 months.

Meanwhile, as part of ongoing efforts to strengthen and expand storage and infrastructure facilities in the petroleum industry, the Ceylon Petroleum Storage Terminal Limited (CPSTL) commenced construction today of three new storage tanks at the Muthurajawela Terminal.

Upon completion, the three-tank system, comprising two tanks with a capacity of 15,000 cubic metres each and one tank with a capacity of 10,000 cubic metres, will provide an additional total storage capacity of 40,000 cubic metres.

This will further enhance the petroleum storage capacity of the terminal and support the continued development of the country’s petroleum infrastructure. The project has a contractual period of 18 months and is scheduled for completion in April 2028.

The tanks are being constructed in compliance with relevant international standards and recognised industry best practices, ensuring enhanced safety, reliability and operational efficiency. The additional storage capacity will strengthen the country’s fuel reserves, improve operational flexibility and support the reliable and uninterrupted distribution of fuel products to meet the country’s growing energy requirements.

Minister of Ports and Civil Aviation and Minister of Energy Anura Karunathilaka said,

“We are now in an era of energy transition. The world is rapidly moving towards the use of clean energy. The use of electric vehicles is very important in this regard, and our country is also now moving in that direction.

The use of solar energy is also important. We expect to add 1,200 megawatts of solar power capacity to the national grid by 2029.

As a country, we must focus not only on controlling fuel prices but also on controlling fuel consumption. The public also has a major responsibility in this regard.

It is particularly important to change our patterns of energy consumption. Greater energy security can be achieved by avoiding periods of high energy demand, shifting towards electricity use and using fuel-efficient vehicles, particularly electric vehicles.”

Chairman of the Ceylon Petroleum Corporation D. J. Rajakaruna said,

“We faced a major challenge due to the war in the Middle East. However, with the intervention of the President, relief was provided to the people and the situation was managed very effectively.

As a result, while diesel prices in the global market increased by 91%, the increase in Sri Lanka was only around 39.5%. While petrol prices in the global market increased by 80%, the increase in Sri Lanka was only around 41%.

Despite providing fuel at lower prices in this manner, the Corporation has recorded a profit of Rs. 28 billion this year. We also recorded a profit of Rs. 36 billion last year.

This may raise the question of why fuel prices are not being reduced when there are such profits.

However, we have used those profits to commence a number of infrastructure development projects at the institution.

These include adding the capacity of 11 tanks, including the construction of six tanks that had previously been abandoned, to increase fuel storage capacity; modernising our oil-filling section, which is more than 90 years old, and establishing a gantry system similar to that at Muthurajawela; laying two new pipelines for unloading fuel from the port to Kolonnawa; constructing a new pipeline to transport Jet A-1 fuel to Katunayake; and upgrading the pipeline system and laying new pipelines, among many other projects.

We are implementing these projects using those profits. Therefore, we have returned the benefits to the people through these investments.”

The Minister of Science and Technology, Professor Chrishantha Abeysena; Deputy Minister of Energy, Arkam Ilyas; Member of Parliament Kumara Jayakody; Secretary to the Ministry of Energy and Senior Additional Secretary to the President, Russell Aponso; foreign ambassadors; government officials including officials of the Ministry of Energy and the Ceylon Petroleum Corporation; and representatives of Sinopec were among those present at the occasion.

President’s Media Division (PMD)

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Lanka enters new phase of prosecutions as hurdles clear

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MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.

Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.

An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.

President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.

In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.

Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne

— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.

SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.

Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.

Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.

Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.

She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.

At the time, the family spokesman said she was due to return in three days.

“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.

“We have cleared the legal hurdles to press ahead with more arrests,” he said.

“We are working on a few administrative issues which will be resolved very soon.”

The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.

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Police warn: Court evaders face property seizure

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Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.

Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.

The proclamation must allow the person at least 30 days to appear before court, Police said.

If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.

This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.

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