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PTA: HRCSL takes a contrary view to that of the govt.

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The Human Rights Council of Sri Lanka, in a statement issued yesterday (15) dealt with several contentious matters including the Prevention of Terrorism Act (PTA). The HRCSL emphasised that regardless of the govenment proposal to amendment the PTA, the Commission felt the PTA should be abolished completely. The HRSCL recommended that the offence of terrorism should be included in the Penal Code with a new definition for terrorism.

Full text of HRCSL statement: “The Briefing of the Diplomats on 08th, 09th, & 10th of February 2022 on the Road Map of the HRCSL for 2022 held at the Human Rights Commission Headquarters.

(1) The establishment of the National Preventive Mechanism. (NPM)

According to Sri Lanka’s accession to the Optional Protocol to the Convention against Torture & other cruel inhuman or degrading treatment or punishment (OPCAT), the government of Sri Lanka designated the HRCSL as the National Preventive Mechanism.

Hence HRCSL will implement the NPM by establishing a separate unit within the HRCSL on 15th February 2022 with the existing resources. The primary purpose is to develop a system of regular visits to prevent torture and all other degrading treatments. i.e. detention centres, prisons etc. which includes all those in involuntary incarceration.

(2) The repeal of the Prevention of Terrorism Act. (PTA)

Notwithstanding the amendments already suggested by the government, the HRCSL advocates the complete abolition of the PTA.

The Commission believes that the offence of terrorism should be included in the Penal Code with a new definition for terrorism. It is explicitly for those who threaten or use violence unlawfully to target the civilian population by spreading fear thereof to further a political-ideological or religious cause. The Commission advocates that terrorism should be investigated under the General Law of the country with necessary amendments. The Commission also supports that it is not required to exclude the application of the Evidence Ordinance for the offence of terrorism. The indefinite period of detention violates the Constitution. “Deprivation of liberty of a person pending investigation or trial shall not constitute punishment” (Art 13 (4)

Amendments to the Penal Code, the Code of Criminal Procedure Code. Judicature Act and the Bail Act require modifications for this purpose.

The HRCSL recommends these amendments under section 10(d) of the HRCSL, Act to be placed before a Parliamentary Select Committee

The HRCSL advocates amendments to the Human Rights Commission Act No: 21 of 1996 to address the Commission’s composition, mandate, and independence.

Human Rights Commission, by its powers granted under section 10(d) of the Human Rights Commission Act 21 of 1996, would like to bring to His Excellency’s attention the need to ensure that the Constitution of the Democratic Socialist Republic of Sri Lank is amended to guarantee greater independence and transparency in the appointment of Commissioners to the Human Rights Commission.

With the establishment of the Parliamentary Council under the 20’ amendment to the Constitution, there appears to be a lack of transparency as to the manner in which such appointments are made. To safeguard the independence of the Commission, a Constitutional amendment is necessitated.

In the alternative, recognizing the difficulty of amending the Constitution, the Commission recommends the following;

For the formulation of Regulations stipulating the criteria that should be adopted regarding appointments made in section 3 of the Human Rights Commissions Act 19 of 1996.

To publish the said criteria through a gazette notification.

The above will ensure that such appointments comply with the principles relating to the status of National Institutions (Paris Principles) adopted by General Assembly Resolutions No.48/ 134 of 20th December 193.

The Commission further believes that the definition of ‘human rights” should be extended to cover all Covenants absorbed into law.

The HRCSL shall have these amendments placed before a Parliamentary Select Committee under section 10(d) of the HRC Act.

It was explained to the Diplomats that although the Commissioners are appointed in terms of the Constitution by the President on the observation of the Parliamentary Council, the manner of removal of the Commissioners can only be done after an address and a vote in Parliament.

The powers of investigation and recommendations stipulated in the HRC Act are a complete detachment to the executive arm of the government.

Reconciliation. The HRC has established regional officers in Puttalam, Killinochchi, and Mannar to address public services to those living in the North and East and the land distribution. Many do not have any documents, and meetings with the Land Development Officer in those areas are scheduled. Intercommunity discussions were held after the Easter Bomb attack in all regions.

The Jaffna HRC, the Coordinator, is scheduled to visit the Jaffna, Mannar and Killinochchi areas to meet the civil society and report on their grievances. The Commission has directed the Coordinator to identify families of missing persons and report to the HRC headquarters. To take the matter with the Commission of Missing persons and move to arrive at a settlement. The critical aspect of the issue is to solve the whereabouts of these people.

The HRC had informed the Inspector General Police that enrollment of Tamil officers to the North and East is critical. The IG had promised to recruit Tamil officers to these areas. The HRC has called for a progress report from IG in this regard.

IG was briefed as to the rights of the detainees under the HRC Act. The particulars of each detained should be informed to the HRC immediately at the point of arrest. Any movement of that detainee from any point to another point should be reported to the Commission before the detainee is moved.

The Commission had also briefed the Police spokesman on the activities in the social media and the freedom of speech.

The HRCLS is strengthing the cooperation with the Civil Society by having a continuous meeting in person and via ZOOM.

The Regional officers are advised to have meetings with the Civil Society. From May this year, the commissioners will be travelling around the country to address the issues of Civil Society. The Commissioners will first inform the Civil societies to forward their grievances to be discussed in HRC head quartes by the participation of all the Commissioners. The Commissioners will take the solutions when the representatives of the Civil Society are met in May.

The Computer system is to be upgraded with an application to enable the complainant himself to find out the progress of his complaint.

The Commission advocates an amendment to the Presidential Pardon mentioned in Article 34(1) of the Constitution. Currently, if there is an apparent miscarriage of justice and all appeals are exhausted only remedy is a Presidential Pardon. The amendment is to confer a referral power to refer such a case for re-trial or rehearing the appeal.

The referral power to the President needs an amendment to the Constitution.

But the Supreme Court has the power through passing Regulation to rehear any appeal. The Prison Parole Board may consist of a Member of the HRC.

The HRC is designing a project to address the issues of the Plantation workers.

The Commission has identified the shortcomings in delivering public services to the rural and Plantation workers. This includes their right to clean water, proper shelter and housing and education for the children.

For this purpose, the Commission has already identified premises to establish a new office in the Nuwara-Eliya District. The Women’s Day activities sponsored by the HRC is scheduled to be held in Nuwara-Eliya.”



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70,297 persons still in safety centers

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The Situation Report issued by the Disaster Management Center at 06:00AM on 16th December 2025 shows that 70,297 persons belonging to 22,338 house holds are still being housed at 731 safety centers established by the government.

The number of deaths due to the recent disastrous weather  stands at 643 while 183 persons are missing.

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MEPA to crack down on marine polluters

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… Warns would-be polluters of criminal prosecution, hefty fines and even blacklisting

The Marine Environment Protection Authority (MEPA) has warned that ship owners, operators and local entities responsible for marine pollution will face criminal prosecution, heavy financial penalties and possible blacklisting, MEPA Chairman Samantha Gunasekera said yesterday.

Gunasekera told The Island that Sri Lanka would no longer tolerate negligence and regulatory breaches that threaten the country’s marine ecosystems, coastal livelihoods and national economy.

“Any party that pollutes our seas—whether foreign vessels or local operators—should be prepared to face the full force of the law,” Gunasekera said. “There will be no room for excuses, delays or backdoor negotiations when marine pollution is involved.”

He said MEPA has intensified surveillance of major shipping routes, ports and environmentally sensitive zones amid rising maritime traffic through Sri Lankan waters, which remain among the busiest in the Indian Ocean.

by Ifham Nizam

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SC delegation, headed by CJ Surasena, observes Indian Supreme Court in action

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A 10-member delegation from Sri Lanka’s Supreme Court, headed by Chief Justice P. Padman Surasena, with Indian judicial officials

A 10-member delegation from Sri Lanka’s Supreme Court, headed by Chief Justice P. Padman Surasena, departed to New Delhi on the 11th of December, 2025, for an official visit to the Supreme Court of India as part of the ongoing official visit by the delegation to India.

The group was accorded a ceremonial welcome in the Court’s main hall, led by the Chief Justice of India (CJI) Surya Kant. CJI Kant told the assembled Judges that “the Indian judiciary was honoured to host” their Sri Lankan counterparts, expressing hope that the visit would be “meaningful and very constructive” and underscoring the “close emotional bonds” between the two countries.

The focal point of the programme was a special sitting of the Supreme Court. Chief Justice Surasena joined CJI Kant and Justice Joymalya Bagchi on the bench, presiding over the Court as a guest Justice. He was accompanied by nine other Supreme Court justices from Sri Lanka, who took seats in the well of CJI Kant’s courtroom to observe the day’s proceedings.

Supreme Court Bar Association President Vikas Singh formally greeted the delegation and praised Justice Surasena’s reformist efforts. Singh recalled the Sri Lankan Chief Justice’s own maxim, “If you want something you have never had, then you have got to do something you have never done”, highlighting the bold changes Surasena had introduced to modernise Sri Lanka’s Court system. Singh noted that these initiatives, particularly court digitization, were aimed at eradicating “the persisting problems of law delays” and streamlining case backlogs.

The Sri Lankan Judges spent the morning observing live Supreme Court proceedings in CJI Kant’s courtroom. This first-hand exposure to Indian court operations formed a key part of the programme’s judicial engagement. During the hour-long session, the visiting justices witnessed a range of cases on the Supreme Court’s roster, with Justice Surasena and the delegation following arguments from the front. The experience was designed to be immersive and following the hearing the Sri Lankan Judges were briefed on India’s own initiatives towards a digitalised court system, e-filing and case management systems.

The official programme then shifted to capacity-building and information exchange. In the early afternoon, Indian Supreme Court officials gave the Sri Lankan delegation detailed briefings on India’s technological initiatives. Court registrars demonstrated the e-filing system and other e-initiatives implemented by the Supreme Court of India. Additional presentations outlined the Court’s new case management systems and administrative reforms. These sessions highlighted how digital tools and better case-listing procedures have been used in India to increase efficiency. The Sri Lankan judges asked questions about India’s experience with electronic court records and the integration of technology in daily judicial work, reflecting their own interest in similar reforms back home.

The visit underscored the growing collaboration between the Indian and Sri Lankan judiciaries. Throughout the proceedings, both sides emphasised their shared legal traditions and mutual respect. As Chief Justice Surasena noted during the sitting, India is Sri Lanka’s “closest neighbour,” and historic links, even dating back to ancient epics, form the backdrop for today’s judicial dialogue. CJI Kant remarked that having the chief justices of two vibrant democracies together on the bench was a “significant moment” for the rule of law.

The Sri Lankan delegation continued its programme in Delhi on 12 December with a visit to the Delhi High Court and its International Arbitration and Mediation Centres. The exchange visit is expected to deepen judicial cooperation and provide practical insights for both courts. Officials on both sides say the engagement aimed at sharing best practices in court administration, reinforce legal ties and support ongoing reforms aimed at reducing case backlogs and delays.

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