News
ICJ opposes proposed Anti-Terrorism Bill
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”.
News
India should be kept out of PC polls, matters related to 13 A – Mano
Leader of the Tamil Progressive Alliance (TPA), Mano Ganeshan, MP, said that India shouldn’t intervene here regarding the long-delayed Provincial Council polls.
The former Yahapalana Minister of National Co-existence, Dialogue and Official Languages (2015-2018), Ganeshan, who represents the main Opposition Samagi Jana Balawegaya (SJB) in the current Parliament, stressed that New Delhi’s intervention wouldn’t do any good for them or for us.
Lawmaker Ganeshan said so when The Island asked him whether the TPA would ask India to pressure the NPP government to conduct PC polls, last held in 2014, during Mahinda Rajapaksa’s second term. Ganeshan said: “India shouldn’t get involved in the issue at hand . Such a strategy is also in their interest, particularly in the context of the evolving global order. India should not be perceived as a pro-Tamil state, but rather as a state that supports Sri Lanka as a whole.”
Ganeshan said that the Indian state bears a moral responsibility in this matter. “That responsibility arises from the fact that India’s diplomacy and military intervention played a decisive role in neutralising the Tamil armed struggle in Sri Lanka. Although India’s mission remained unfinished, it nevertheless lost nearly two thousand soldiers in the process. There was also a prelude to this involvement, when Tamil militant groups received training in India. Consequently, the Indian connection became a sensitive issue for both the Sinhalese and Tamils of Sri Lanka.”
But, whatever had happened, the national issue should be settled among us. ” The solution must be found and settled within Sri Lanka itself. We do not need Western interventions in this regard.”
” In recent years, whenever we in the Tamil Progressive Alliance (TPA) have met Indian dignitaries—including the Prime Minister, the External Affairs Minister, and, most recently, the Vice President—the subjects of the 13th Amendment and Provincial Councils have never featured on our agenda.”
The 13th Amendment is part of Sri Lanka’s Constitution. Therefore, it is for Sri Lankans themselves to decide whether to retain, improve, fully implement, reform, or even repeal it, Ganeshan said.
MP Ganeshan found fault with those who represented the Northern and Eastern provinces for failing to utilise the goodwill and influence India enjoyed with successive Governments of Sri Lanka to pursue an amicable political settlement. The parliamentarian said that they should acted after the end of the war in May, 2009. Unfortunately, they failed to effectively use the Provincial Council framework to consolidate their political position and advance further, thereby earning the confidence of both India and successive Sinhala-majority governments, MP Ganeshan said.
Responding to another query, MP Ganeshan said: “
We should keep the ethnic issue separate from bilateral relations with India, while deepening economic connectivity and cooperation on the basis of mutual benefit and a win-win partnership.”
By Shamindra Ferdinando
News
US boost for SLAF
Sri Lanka has taken delivery of 10 TH-57 ‘Sea Ranger’ multi-role helicopters provided by the United States of America to the Sri Lanka Air Force. Air Forces headquarters said that the helicopters arrived here by sea.
The SLAF has said: “The arrival of these aircraft marks a significant milestone in the longstanding defence cooperation between Sri Lanka and the United States and represents a valuable contribution towards enhancing the operational and training capabilities of the Sri Lanka Air Force.
“The helicopters are currently undergoing configurations and technical preparations at SLAF Base Ratmalana. Following the completion of requisite inspections, acceptance procedures and test flights, the aircraft will be inducted into service and deployed for operational duties.
“The TH-57 fleet is expected to significantly strengthen the Air Force’s aviation training capacity while enhancing the ability to support a broad spectrum of national requirements. The aircraft will primarily be employed for pilot training, humanitarian assistance and disaster response (HADR) operations, search and rescue (SAR) missions and other public service commitments undertaken by the Sri Lanka Air Force.”
News
TPA demands House committee to probe Tilvin’s claim PC polls cannot be held due to fund constraints
Referring to the recent declaration made by JVP General Secretary Tilvin Silva that the Provincial Council elections couldn’t be held this year as funds allocated for that purpose were utilised to provide Ditwah cyclone relief, Tamil Progressive Front (TPA) leader Mano Ganeshan, MP, has asked Dr. Harsha de Silva, MP Chairman, Committee on Public Finance, to inquire into the issue at hand and take action deemed appropriate.
The text of MP Ganeshan’s letter: “I write with reference to a statement reportedly made by Tilvin Silva, General Secretary of the Janatha Vimukthi Peramuna (JVP), the principal constituent party of the National People’s Power (NPP) Government.
According to media reports, Silva stated, in substance, that funds allocated and set aside for the conduct of Provincial Council Elections had been utilised by the Government for disaster-rebuilding and related purposes.
While he is reported to have made further remarks, I confine my attention to the above statement, which raises a serious matter concerning public finance and parliamentary oversight.
To the best of my knowledge, Parliament has not approved any transfer or reallocation of funds, earmarked for Provincial Council Elections, to any other expenditure head or purpose. If the statement, attributed to Mr. de Silva, is accurate, it may indicate that such funds have been utilised without the requisite parliamentary authorisation.
In view of the above, I respectfully request that the Committee on Public Finance inquire into this matter and ascertain whether any transfer, reallocation, or expenditure of funds allocated for Provincial Council Elections has occurred in a manner inconsistent with parliamentary approval and financial regulations.
I would be grateful if the Committee could examine the facts and take any action deemed appropriate within its mandate.”
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