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Amendments to PTA: Civil society not satisfied, make own proposals

Published

4 years ago

2022/02/9

Civilians protest in Jaffna demanding the government to repeal PTA(file pic)

An influential civil society grouping comprising 70 individuals and 32 organisations has alleged that the proposed amendments to the Prevention of Terrorism Act (PTA) failed to address the fundamental shortcomings of the controversial security law. The proposed changes already existed but were often observed in the breach, or cosmetic changes that did not substantively or meaningfully change the status quo, the grouping alleged.

The following is the text of the statement: “On 27 January 2022 the government gazetted the PTA (Temporary Provisions) (Amendment) Bill. We express our deep disappointment that the proposed amendments do not address any of the shortcomings in the PTA that enable grave human rights violations. We highlight that the PTA has been historically used against the Tamils, later Muslims after the Easter Sunday attacks and now dissenters as well.

We restate our call for repeal of the PTA and in the interim an immediate moratorium on the use of the law. This is in line with the requests of persons and communities adversely affected by the law. We call upon the government to release all persons on bail, except those that would not qualify under the Bail Act, and halt prosecutions where the confession is the primary or only evidence.

The proposed amendments do not adhere to human rights standards enshrined in international conventions, such as the International Covenant on Civil and Political Rights (ICCPR), which the government of Sri Lanka has ratified and hence has an obligation to respect and protect. Nor do they adhere to many provisions in the Constitution of Sri Lanka. We set out the main shortcomings of the amendments below:

1. The proposed amendments do not contain a definition of terrorism. In this regard, we urge the government to take note of the letter dated 9 December 2021 sent by seven UN Special Procedure mandate holders to the government that clearly set out the elements the definition of terrorism must include. In the current law the decision as to whether the PTA would apply in a certain instance is a subjective decision that can be shaped by personal prejudice and bias, rather than objective standards. We highlight arrests in the past for spurious reasons such as possessing books in Arabic and decorative swords, and for memorializing those who were killed during the war.

2.Administrative detention has been reduced from 18 to 12 months, which does not address the core problems with administrative detention. There is still a lack of basic due process safeguards which enables arbitrary arrest and detention.

3.We note with dismay that Section 16, which allows the admissibility of confessions made to an Assistant Superintendent of Police (ASP) or above as evidence, and which for decades has enabled torture to extract confessions, has been retained. We point to Supreme Court decisions and the Human Rights Commission’s (HRCSL) reports, which illustrate that, this provision has resulted in gross violations of human rights. Even if the confession is ruled inadmissible during trial, the existence of the provision creates room for persons to be subject to torture.

This violates basic due process and fair trial rights of a person accused of an offence, because the onus is placed on the accused to prove the confession was obtained under duress. It also calls into question the competence of the criminal justice system that has to rely on confessions to prosecute persons. Such a provision, which is a deviation from the norm, has no place in law.

4.Section 7(3), which allows a person to be taken out of judicial custody to any other place for investigation, and Section 15A which empowers the Secretary, Ministry of Defence, to determine a person’s place of detention even after the person is remanded also remain. We restate our concern that this removes a person from the protection of judicial custody. The order of the Secretary thereby takes precedence over a judicial order. As the Human Rights Commission’s national study of prisons documented, persons remanded under the PTA were subjected to severe torture when taken out of judicial custody or held in other places upon the instructions of the Secretary, Ministry of Defence.

5.Section 11, which empowers the Minister of Defence to issue restriction orders that impinge upon a wide range of civil liberties, has been retained. The proposed amendment to this section requiring the person to be produced before a Judicial Medical Officer and a Magistrate prior to the issuance of the order does not prevent or address the infringement of civil liberties.

6.The proposed amendment on the granting of bail is cosmetic and does nothing to address prolonged periods of time in pretrial detention. The proposed new provision states bail can be given only if the trial against a person has not commenced 12 months after the arrest of the person who has been detained or remanded, or if the trial has not begun 12 months after the indictment has been filed the High Court. If the trial has begun the person can be remanded in judicial custody until the conclusion of the trial. Therefore, in practice, this does not bring substantive change in the situation of a detained person.

7.The provision in the proposed amendment that requires magistrates to visit places of detention at least once a month is inadequate to prevent torture.

According to the section, if the magistrate thinks the person may have been subject to torture the magistrate “may” refer the person to a Judicial Medical officer. Referral to the JMO is therefore discretionary and not mandatory. It also gives the magistrate the discretion to decide whether or not to refer the incident of torture to the IGP for investigation.

8.The proposed amendments include the right to challenge administrative detention in the Supreme Court and by way of Writ. We point out that the right to challenge arbitrary detention, including under the PTA, is enshrined in the Constitution of Sri Lanka and is not a new right the proposed amendment bestows on detained persons. In practice, given the paucity of legal aid, most persons detained under the PTA face challenges accessing competent legal representation due to lack of financial means to pursue these remedies. Even in instances when they do pursue them, long delays in the judicial process prevent them from obtaining redress for months and even years.

9.Similarly, the Human Rights Commission of Sri Lanka Act already mandates the Commission to monitor the welfare of persons deprived of liberty and empowers it to access any place of detention unannounced. However, following the 20 th Amendment to the Constitution in 2020, the HRCSL is no longer a legally independent body as appointment of the members of the Commission is at the discretion of the President. The proposed amendment to the PTA in no away addresses the adverse impacts of the 20 th amendment to the Constitution on the Commission.

10.During the last couple of years in particular, the PTA has been used to intimidate and harass civil society, human rights defenders and journalists, especially those in the North and East, through visits to their offices by the TID to gather information about their activities, summoning them to TID offices for inquiry about their finances and even arrest and detain them. They are yet to provide evidence of any illegal financial activity by civil society organisations linked to the perpetration of terror offences.

Way forward

The proposed amendments fail to address the fundamental shortcomings of the PTA. Instead, they propose changes that already exist but are often observed in the breach, or cosmetic changes that do not substantively or meaningfully change the status quo. The actions of the government, such as the issuance of the regulations on the Deradicalisation From Holding Violent Extremist Religious Ideology, call into question the government’s reform claims.

We note with deep concern that despite our repeated calls for transparency in the drafting process and consultation with key stakeholders, our appeal was ignored.

We reiterate that national security cannot be achieved by creating insecurity for already discriminated against and marginalized communities, and once again call for the repeal of the PTA. The repeal of the PTA must also be considered in light of the anti-terrorism and public security legal framework that Sri Lanka has in place, and the historical abuse of power by state entities.

The way forward must give due recognition to the protection of physical liberty. Deprivation of physical liberty by the executive must be used only as last resort and strictly require sufficient basis that is determined on objective factors, judicial supervision of such basis, legal aid and prompt trials or release. Furthermore, any process which seeks to tackle issues related to the PTA must ensure those adversely affected by the law will receive justice, and include an enforceable right to compensation for arbitrary detention. The prohibition of arbitrary deprivation of liberty has acquired customary international law status and constitutes a jus cogens norm which Sri Lanka is duty bound to secure for its citizens.

The balance the government wishes to achieve between personal liberties and national security can only be achieved through addressing the root causes of conflict and violence. Attempts to further curtail civil liberties in the guise of national security will only exacerbate the insecurity of all communities and undermine the rule of law and democracy in Sri Lanka.”

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Landslide early warnings in force in the Districts of Badulla, Kandy, Kegalle, Kurunegala, Matale, Nuwara Eliya and Ratnapura

Published

19 hours ago

2025/12/14

Priyan

The Landslide Early Warning Center of the National Building Research Organisation [NBRO] has issued landslide early warnings to the Districts of Badulla, Kandy, Kegalle, Kurunegala, Matale, Nuwara Eliya and Ratnapura valid until 1600hrs on 14th December 2025.

Accordingly,
LEVEL III RED warnings are in force in the Divisional Secretaries Divisions and surrounding areas of Ududumbara, Medadumbara, Ganga Ihala Korale, Pathadumbara, Panvila, Udapalatha, Doluwa, Deltota and Minipe in the Kandy district, and Rideegama in the Kurunegala district.

LEVEL II AMBER warnings are in force in the Divisional Secretaries Divisions and surrounding areas of Uva Paranagama, Passara, Welimada, Haputhale, Lunugala, Soranathota, Ella, Kandeketiya, Bandarawela, Meegahakivula, Badulla, Hali_Ela and Haldummulla in the Badulla district, Harispattuwa, Pathahewaheta, Thumpane, Udunuwara, Poojapitiya, Hatharaliyadda, Gangawata Korale, Yatinuwara, Kundasale, Akurana and Pasbage Korale in the Kandy district, Rambukkana, Yatiyanthota, Aranayaka, Kegalle, Bulathkohupitiya, Mawanella, Warakapola and Galigamuwa in the Kegalle district, Polgahawela, Mallawapitiya, Alawwa and Mawathagama in the Kurunegala district, Ukuwela, Naula, Wilgamuwa, Matale, Laggala Pallegama, Rattota, Ambanganga Korale, Yatawatta and Pallepola in the Matale district, Walapane, Hanguranketha, Nuwara Eliya, Kothmale East, Mathurata, Nildandahinna, Thalawakele, Norwood, Kothmale West and Ambagamuwa Korale in the Nuwara Eliya district, and Kahawaththa, Kolonna and Godakawela in the Ratnapura district.

LEVEL I YELLOW warnings are in force in the Divisional Secretaries Divisions and surrounding areas of Dehiowita, Deraniyagala and Ruwanwella in the Kegalle district, and Kalawana, Kuruwita, Elapatha, Ayagama, Kiriella, Balangoda, Openayake, Imbulpe, Ratnapura, Kaltota, Eheliyagoda, Pelmadulla and Nivithigala in the Ratnapura district.

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The rights of the fishing community will never be compromised – President

Published

20 hours ago

2025/12/14

Priyan

President Anura Kumara Dissanayake affirmed that the Government will never allow the violation of the rights of the fishing community, emphasizing the State’s firm commitment to protecting both land resources and the coastline.

The President also stated that the Government will address the challenges faced by fishing communities across the country through discussion and constructive engagement, ensuring sustainable solutions while safeguarding livelihoods.

President Anura Kumara Dissanayake made these remarks while attending a Special District Coordination Committee Meeting held on Saturday (13) afternoon at the Mannar District Secretariat, convened to review on-going efforts to restore normalcy to public life and rehabilitate infrastructure in the Mannar District following the recent disaster.

Highlighting the urgent need for a permanent solution to flooding in the Mannar District, the President instructed officials to proceed with the proposed flood control project after conducting comprehensive studies to ensure its long-term effectiveness.

Special attention was drawn to the severe impact of the disaster on the fishing sector. It was revealed that approximately 12,000 fishermen are currently unable to engage in fishing activities due to flooding and adverse weather conditions.

The President directed that dry ration packs be provided for one week to fishing families who, although not directly affected by floods, have lost their livelihoods due to unfavourable weather conditions.

Additionally, discussions were held on engaging with the Chinese Embassy to distribute a stock of fishing gear donated by the Government of China to fishermen affected by the disaster.

Attention was also focused on illegal land encroachments within the water catchment area of the Yodha Wewa Sanctuary. The President instructed that strict legal action be taken against individuals obstructing the placement of boundary markers around the reservoir.

It was reported that 70 families in the Mannar District have lost their homes due to the disaster. Discussions were held on rebuilding these houses and identifying suitable land for resettlement. A committee will be appointed to identify the required land within the next two weeks.

The meeting also addressed the expansion of facilities at Mannar Base Hospital and other hospitals, along with restoring health services and normalizing educational activities in the district.

The President further instructed that the Rs. 15,000 assistance provided by the Treasury for schoolchildren be disbursed promptly through Divisional Secretaries, based on recommendations from Grama Niladhari officers.

Extensive discussions were also held on reconstruction of damaged roads and bridges, restoration of water and electricity supply, rehabilitation of irrigation systems, compensation for losses in agriculture and livestock sectors and supporting affected communities to restart their livelihoods without delay

The meeting was attended by Deputy Minister of Cooperative Development and Chairman of the Vanni District Coordination Committee Upali Samarasinghe, Northern Province Governor N. Vethanayahan, Members of Parliament S. Thilaganathan, M. Jegatheeswaran, T. Ravikaran, Sathiyalingam, Selvam Adaikkalanathan, Kader Mastan and Rishad Bathiudeen, along with other government and opposition parliamentarians.

Also present were the Secretary to the Ministry of Finance, Secretary to the Ministry of Defence, Northern Province Chief Secretary D. Murugesan, Mannar District Secretary K. Kanageswaran, senior government officials, and representatives of the security forces.

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Prioritize rebuilding the livelihoods of disaster-affected communities – President

Published

20 hours ago

2025/12/14

Priyan

President Anura Kumara Dissanayake has instructed officials to give top priority to restoring the livelihoods of communities affected by the disaster. He emphasized the need to expedite compensation payments for damages and to take immediate measures to revive the agriculture, fisheries and industrial sectors.

The President further directed that all compensation payments for crop damage be completed before December 25.

These instructions were issued during a special District Coordinating Committee meeting held on Saturday (13) morning at the Puttalam District Secretariat.

President Anura Kumara Dissanayake described the recent cyclone as one of the largest disasters the entire country has faced in recent times. He commended the dedicated efforts of the tri-forces, Police and public officials in restoring the lives of affected communities. The President noted that, thanks to their commitment, a significant portion of essential infrastructure including electricity, water supply and roads has already been rehabilitated.

He further emphasized that the Government’s ability to provide such substantial compensation to disaster-affected communities is the result of the strong fiscal discipline of the Government.

Taking into account the challenges that have arisen in the distribution of allowances and aid so far, the President instructed Divisional Secretaries to ensure that compensation is provided strictly to eligible recipients and to fully intervene to prevent any deviation from this policy under any circumstances.

During the meeting, the rehabilitation of damaged highways and bridges in the district was discussed in detail. The President inquired into issues arising during these reconstruction efforts and provided on-the-spot solutions in consultation with the relevant officials.

The construction of the Lower Kala Oya Bridge was also discussed. The President instructed that a temporary bridge be built to meet the needs of the tourism sector. He emphasized that all construction activities should be carried out with a thorough understanding of necessity and proper structural assessments.

The President further highlighted that previous large-scale projects were abandoned without delivering tangible benefits or the intended outcomes. He stressed that future infrastructure development should focus not only on regional needs but also on the broader economic benefits for the country as a whole.

The President inquired about the ongoing efforts to restore electricity supply in the district and emphasized the need to complete these works without delay.

He also reviewed measures being taken to re-establish water supply and instructed provincial authorities to intervene promptly, noting that current well cleaning efforts in the district are insufficient.

Regarding agriculture, the President inquired about preparations by local farmers for the upcoming Maha paddy cultivation. He directed officials to swiftly create a conducive environment for farming, minimize the amount of abandoned land and explore alternative methods to ensure productive use of farmland.

He instructed that all compensation due to farmers be disbursed before December 25, that payments be made regardless of whether the land is in reserves or legally protected areas, and that systematic measures be implemented to prevent cultivation on reserved lands.

The President also highlighted the need for comprehensive soil conservation programmes in areas such as Kalpitiya.

The President emphasized the need to provide fair compensation to those engaged in the livestock sector in order to restore their livelihoods. He also highlighted the importance of obtaining accurate ground-level data and stressed the necessity of introducing legislation to ensure the registration of all livestock farms.

Due to the disaster, 627 houses in the district were completely destroyed, and 20,813 houses sustained partial damage. The President instructed that compensation for the affected families be expedited, emphasizing priority resettlement on government land. Where government land is unavailable, he directed that Rs. 5 million be provided to each family for the purchase of alternative land.

For those whose houses were completely destroyed, the President directed that new housing projects be implemented in a manner that ensures ownership of a house valued at Rs. 5 million for each beneficiary.

Attention was also given to the fisheries sector. Discussions were held on providing assistance for the repair of damaged fishing boats, as well as implementing fair compensation and concessional bank loan schemes for prawn farmers.

President Dissanayake also inquired into the operations at Chilaw Hospital. Authorities informed him that patient admissions and the functioning of several units could resume by next week.

Minister of Public Administration, Provincial Councils, and Local Government and Chairman of the Puttalam District Coordination Committee Chandana Abeyratne, Deputy Minister of Environment Anton Jayakody, North Western Province Governor Tissa Warnasuriya, Government and Opposition Members of Parliament from Puttalam District, Local Government Representatives including the North Western Provincial Secretary, Secretary to the Ministry of Finance Dr. Harshana Suriyapperuma, Puttalam District Secretary, Divisional Secretaries, Government Officials, and Security Forces Representatives were present at the event.