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GL: Proposed anti-terror laws will sound death knell for democracy
‘Media freedom will be in jeopardy’
Former Minister of Justice, Constitutional Affairs, National Integration and Foreign Affairs Prof. G. L. Peiris has warned that the proposed Protection of the State from Terrorism Act (PSTA) will deal a severe blow to civil liberties and democratic rights, particularly media freedom and the overall freedom of expression.
Addressing a press conference organised by the joint opposition alliance “Maha Jana Handa” (Voice of the People) in Colombo, Prof. Peiris said the proposed legislation at issue had been designed “not to protect people from terrorism but to protect the State.”
Prof. Peiris said that the proposed law would sound the death knell for the rights long enjoyed by citizens, with journalists and media institutions likely to be among those worst affected.
Prof. Peiris took exception to what he described as the generous use of the concept of “recklessness” in the draft, particularly in relation to the publication of statements and dissemination of material. He argued that recklessness was recognised in criminal jurisprudence as a state of mind distinct from intention and its scope was traditionally limited.
“In this draft, it becomes yet another lever for the expansion of liability well beyond the properly designated category of terrorist offences,” Prof. Peiris said, warning that the elasticity of the term could expose individuals to prosecution on tenuous grounds.
Prof. Peiris was particularly critical of a provision enabling a suspect already in judicial custody to be transferred to police custody on the basis of a detention order issued by the Defence Secretary.
According to the proposed laws such a transfer could be justified on the claim that the suspect had committed an offence prior to arrest of which police were previously unaware, he said.
“The desirable direction of movement is from police to judicial custody. Here, the movement is in the opposite direction,” Prof. Peiris said, cautioning that although the authority of a High Court Judge was envisaged, the pressures of an asserted security situation could render judicial oversight ineffective in practice.
Describing the draft as “a travesty rather than a palliative,” Prof. Peiris said the government had reneged on assurances that reform would address longstanding concerns about existing counter-terrorism legislation. Instead of removing objectionable features, he argued, the new bill introduced additional provisions not found in the current Prevention of Terrorism Act (PTA).
Among them is a clause empowering the Defence Secretary to designate “prohibited places”. That was a power not contained in the PTA but previously exercised, if at all, under separate legislation such as the Official Secrets Act of 1955. Entry into such designated places, as well as photographing, video recording, sketching or drawing them, would constitute an offence punishable by up to three years’ imprisonment or a fine of up to Rs. 3 million. Prof. Peiris said. Such provision would have a “particularly chilling effect” on journalists and media personnel, he noted.
The former minister and law professor also criticised the breadth of offences defined under the draft, noting that it sought to create 13 categories of acts carrying the label of terrorism. This, he said, blurred the critical distinction between ordinary criminal offences and acts of terrorism, which require “clear and unambiguous definition with no scope for elasticity of interpretation.”
He cited as examples offences such as serious damage to public property, robbery, extortion, theft, and interference with electronic or computerised systems—acts which, he argued, were already adequately covered under existing penal laws and did not necessarily amount to terrorism.
Ancillary offences, too, had been framed in sweeping terms, Prof. Peiris said. The draft legislation, dealing with acts ‘associated with terrorism,’ imposed liability on persons “concerned in” the commission of a terrorist offence. “This is a vague phrase and catch-all in nature.” he noted.
Similarly, under the subheading ‘Encouragement of Terrorism,’ with its reference to “indirect encouragement,” could potentially encompass a broad spectrum of protest activity, Prof. Peiris maintained, warning that the provision on “Dissemination of Terrorist Publications” could render liable any person who provides a service enabling others to access such material. “The whole range of mainstream and social media is indisputably in jeopardy,” Prof. Peiris said.
Former Minister Anura Priyadarshana Yapa and SLFP Chairman Nimal Siripala de Silva also addressed the media at the briefing.
by Saman Indrajith ✍️
News
FSP warns of possible coal shortage
“No shipment for 10 days; seas off western coast will become rough by April end”
Education Secretary of the Frontline Socialist Party (FSP) Pubudu Jayagoda says the Indian company which secured a tender to supply coal for electricity generation this year has delivered only 13 of the 25 shipments required and no vessel has arrived in Sri Lanka for the last 10 days or so.
Jayagoda said so while addressing the media during a protest held in Colombo yesterday.
Jayagoda said the Indian company Trident Chemphar, which secured the tender to supply 25 coal shipments for 2026, had placed the country’s coal stocks at risk.
Although all 25 coal shipments are required to be unloaded before the end of April, only 13 vessels have arrived in Sri Lanka so far, according to Jayagoda. He also claimed that no shipment had arrived during the first week of March, adding that coal vessels had not arrived for about 10 days.
Jayagoda warned that the situation could endanger the country’s energy supply as the seas off the western coast usually turn rough by the end of April, disrupting unloading operations.
According to Jayagoda, a report submitted by the Public Utilities Commission of Sri Lanka to the Parliamentary Oversight Committee on infrastructure and strategic development, power cuts may become necessary from August even if the country falls short of five shipments unless electricity is generated using costly diesel-powered thermal plants.
Jayagoda also alleged irregularities in the tender process, claiming that the government had changed tender specifications and delayed the tender process by about four months, possibly to allow the Indian company time to register and secure performance guarantees.
He further alleged that the coal supplied by the Indian company was substandard.
Jayagoda questioned why the tender had not been cancelled despite several shipments allegedly failing to meet quality standards and why no investigation had been launched.He asked why legal action had not been taken against the company despite supply disruptions.
News
Repatriation of Iranian naval personnel Sri Lanka’s call: Washington
The US Department of State has said that Washington respects Sri Lanka’s sovereignty in handling matters relating to the Iranian warship IRIS Bushehr and its crew, according to agency reports, quoting a State Department Spokesperson. He has said the final decision regarding the vessel, its crew and the rescued Iranian sailors rests with Sri Lanka in accordance with its domestic laws and international legal obligations.
The statement follows comments by Foreign Minister Vijitha Herath that Sri Lanka was looking after 32 sailors rescued from the Iranian frigate IRIS Dena under Colombo’s international treaty obligations.
The frigate was sunk by a US submarine off Sri Lanka’s southern coast on Wednesday during escalating hostilities involving the United States and Iran.
Sri Lanka’s Navy conducted rescue operations, following the incident, recovering 84 bodies.
Asked whether Colombo was under US pressure not to repatriate the Iranian sailors, Herath said Sri Lanka had taken all actions in accordance with international law.
Sri Lanka also provided safe harbour to the second Iranian warship, IRIS Bushehr, and evacuated its 219 crew members a day after the Dena was torpedoed. The vessel was taken to the port of Trincomalee after reporting engine problems.
Citing an internal cable, Reuters reported that Washington had urged Sri Lanka not to repatriate the Iranian sailors. However, the State Department spokesperson reiterated that the disposition of the crew and survivors was a matter for Sri Lanka to decide, adding that the United States respects Sri Lanka’s sovereignty in managing the situation.
Meanwhile, India allowed a third Iranian warship, IRIS Lavan, to dock in a port on humanitarian grounds after it reported operational difficulties.
The ship docked at the port of Kochi, where many of the crew, including young cadets, were disembarked and transferred to a nearby facility.
President Anura Kumara Dissanayake said Colombo would follow the provisions of the Hague Convention, which requires neutral states to detain combatants of warring parties until the end of hostilities.
A senior administration official said Sri Lanka was in discussions with the International Committee of the Red Cross regarding the treatment of survivors from the torpedoed vessel. International humanitarian law would apply to the wounded, who could be repatriated if they requested it, the official added.
Iranian diplomats in Colombo have requested the return of the remains of sailors killed in the attack to Iran.
News
Indian Ocean must remain peace zone: Sajith
Opposition and SJB leader Sajith Premadasa, emphasised the critical need for the Indian Ocean region to remain peaceful and not become part of any conflict, said a news report published by NDTV yesterday.
It said: As the Iran-Israel war enters its second week, the theatre of the war has expanded dramatically, reaching the waters of Sri Lanka. With the sinking of Iranian warship IRIS Dena in international waters off Lanka’s coast and the docking of a second Iranian vessel, IRIS Busheher, Colombo has become embroiled in a conflict where it seeks to remain only a neutral bystander.
Speaking with NDTV, Sajith Premadasa, Leader of the Opposition in Sri Lanka emphasised the critical need for the Indian Ocean region to remain peaceful and not become part of any conflict.
“The Indian Ocean has on successive occasions been declared a peaceful area and should remain so,” said Premadasa.
The Sri Lankan government has said that it will attend to all survivors of the ill-fated IRIS Dena and IRIS Busheher as per international protocols and norms. Sri Lankan President Anura Kumara Dissanayake said his country had a “humanitarian responsibility” to take in the crew of the vessel, which was allowed to dock at Trincomalee in Northern Sri Lanka.
Premadasa, who is the leader of the opposition party SJB, called on all parties to cease the ‘asymmetric warfare’. He cautioned that the widening conflict would have devastating consequences for smaller countries like Sri Lanka, which is still reeling from its worst economic crisis in 2022.
“The Middle East conflict is already spreading to other countries, and this is having an impact on Sri Lanka and Sri Lankan people,” Mr Premadasa told NDTV.
A third Iranian vessel that was in the Indian Ocean, IRIS Lavan, has docked at Kochi in India. India has said it was a “humanitarian call” after the vessel sent out a distress call.
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