Lawyers’ Collective calls on govt., all political parties to commit to repeal of PTA

On 29 October 2024, the Director-General (Legal) at the Presidential Secretariat, Attorney at Law J M Wijebandara, representing the government stated that the issue was not the PTA’s existence as our law, but rather its misuse to detain civil activists, journalists, and others. He stated that the Government would not allow such misuse and that the PTA would only be applied based on “credible intelligence information, and it will not be used for political revenge”. On the same day, Cabinet Spokesman Minister Vijitha Herath stated: “There is a discussion on abolishing the PTA. We can only talk about changing the Act when the new Parliament is elected.” The Lawyers’ Collective expresses its grave concern regarding statements indicating that the PTA will be retained.

The National People’s Power (NPP), in its Election Manifesto of August 2024, commits to the “Abolition of all oppressive acts including the Prevention of Terrorism Act (PTA) and ensuring civil rights of people in all parts of the country” (p.129). During the recent presidential election campaign, and even before, the NPP actively advocated against the PTA and the abuse of its powers and has also opposed new laws that are similarly oppressive. It is of serious concern therefore, that after the people endorsed a mandate to repeal the PTA at the recent Presidential elections, the recent statements of the NPP government undermine the commitment made to the people.

The PTA, enacted in 1979, is well known as a draconian piece of legislation with broad emergency-like executive powers, but enacted for use in ordinary times as well. The provisions and scheme of the PTA fail to protect fundamental rights such as freedom from arbitrary arrest, freedom from torture and freedom of expression. The PTA, as implemented by successive governments since its enactment, has caused unmeasurable human suffering in the form of torture, long-term detentions and instilling fear in minorities and those critiquing the government. The PTA has a record of being used as a weapon and continue to be used against any citizen with impunity. The call for its repeal has been resounding from within the country as well as internationally. There has been wide support for its repeal by political parties in recent years, but successive governments have continued to retain it after taking office.

President Anura Kumara Dissanayake must honour the commitment to repeal the PTA. The statement made on behalf of the government by Director General (Legal), Presidential Secretariat, J M Wijebandara must be unequivocally clarified, and a clear commitment to repealing the PTA be made public. This clarity and leadership are necessary to build public confidence that the government stands for the repeal of the PTA.

The Lawyers’ Collective also calls on all political parties to commit to multi-partisan support in the next Parliament to repeal the PTA. Parties must commit to ensure that Sri Lanka’s counter-terrorism legal framework complies with human rights safeguards. If emergency measures are needed in a given situation, all emergency powers must be strictly confined to periods of a declared state of emergency. These measures will strengthen the rule of law, democracy and human rights in the country and in turn, boost confidence in governance.

On behalf of the Lawyers’ Collective

Upul Jayasuriya, President’s Counsel

Dr. Jayampathy Wickramaratne, President’s Counsel

Professor Savitri Goonesekere, Attorney-at-Law

Geoffrey Alagaratnam, President’s Counsel

M.A. Sumanthiran, President’s Counsel

Saliya Pieris, President’s Counsel

M.M. Zuhair, President’s Counsel

S.T. Jayanaga, President’s Counsel

Professor Deepika Udagama

Professor Camena Gunaratne

Rev. Fr. Noel Dias, Attorney-at-Law

Srinath Perera, Attorney-at-law

Ermiza Tegal, Attorney-at-Law

Sandamal Rajapakse, Attorney-at-Law

Manoj Nanayakkara, Attorney-at-Law

Amila Egodamahawatte, Attorney-at-Law

Jayantha Dehiaththage,Attorney-at-Law