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Zuhair: PTA amendments do not address real issues

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The proposed amendments to the Prevention of Terrorism (Temporary Provisions) Act No 48 of 1979 (PTA) issued by gazette notification published on 27.01.2022 by the Minister of Foreign Affairs do not eliminate the draconian aspects of the original PTA, says former MP M.M. Zuhair, PC.

For example, the continued admission at PTA trials of specified statements made by suspects while in police custody in violation of the time tested provisions of the Evidence Ordinance have led and will lead to further grave injustices, Sri Lanka’s one-time Ambassador in Iran said in a statement issued yesterday.

The following is the text of the statement: “These statements at times recorded by Magistrates and more often by police officers above the rank of Assistant Superintendent of Police (ASPs) take place while the physical security of the suspects remain under the exclusive control of the police. Suspects remain in State control, both before as well as after the statements are recorded, when suspects are under total fear of reprisals if statements are not given in the manner tailor-made by the police. This often happens more often in cases where the police had not been successful in getting evidence implicating suspects already detained.

“Visits by Magistrates to places of detention are welcome but will not remove the fear of mental torture that suspects in police custody will have to face soon after the Magistrate’s departure, if they disclose that they were compelled to make the confessionary statements.

“Reports of the superior courts, the Human Rights Commission and independent lawyers disclose the hostile conditions, harassments and indignity PTA suspects face, not only in police custody but also at the hands of officials and non-PTA suspects in most remand prisons.

“The superior courts of the country have recorded a large number of cases of police intimidation to obtain confessionary statements. The recent case of a State Minister allegedly threatening some PTA suspects in remand custody is widely known. Continuing the widely criticised practice of the executive, namely the President, the Attorney General or a Superintendent of Police (SP), all of whom are executive officials deciding on the grant or refusal of bail for suspects under detention, do not meet the standards set out in our Constitution and by the Supreme Court in several cases.

“The proposed amendment allowing the Court of Appeal to grant bail only if the trial had not commenced can be argued as limiting even the existing powers of the Court of Appeal and also as an attempt to remove the judicial discretion that the original courts ought to exercise when a suspect is produced before a Magistrate.

In addition, for the first time in Sri Lanka’s judicial history a bail approved by the Court of Appeal under the new proposed provision, section 15 B, can be ignored and in effect overruled by a lower Court, namely the High Court which can remand the suspect under the first proviso to section 15 B until the conclusion of the trial, even in cases where Court of Appeal has approved bail!

“If the intention of the proposed law is to continue to weaponise the PTA against the minorities, as one can easily comprehend thus far from the gross failure by the Attorney General to prosecute PTA offenders belonging to the majority community, the Ministry of Foreign Affairs would be inviting more opposition to Sri Lanka at the UN Human Rights Council from the new proposals. The proposals also denigrate the President’s speech made at the recent inauguration of the new session of Parliament that human rights violations will not be condoned and that “We are a nation that respects international laws and conventions”!

“The period of detention by executive fiat, though reduced from 18 months to 12 months, does not provide for any consequential provision that would enable the judiciary, even in such circumstances and also in cases of custodial torture, to grant bail.

“Amending the PTA to eliminate the obnoxious provisions and bringing it in line with the provisions of our own Constitution as well as international treaties, would be the minimum that can be done to restore the country’s image as a modern nation State.”



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Govt. urged to withdraw Media Professionals Bill

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The Sri Lanka Press Institute (SLPI) and several leading media organisations have expressed strong opposition to the proposed Chartered Institute of Media Professionals of Sri Lanka (CIMP) Bill, urging the Government to withdraw the legislation and engage in consultations with stakeholders.

In a joint statement, the SLPI, together with its constituent organisations—the Newspaper Society of Sri Lanka (NSSL), the Editors’ Guild of Sri Lanka (TEGOSL), the Free Media Movement (FMM) and the Sri Lanka Working Journalists Association (SLWJA)—as well as affiliated bodies including the Muslim Media Forum (MMF), the Tamil Media Alliance (TMA), the Federation of Media Employees Trade Union (FMETU) and the South Asia Free Media Association (SAFMA) – Sri Lanka Chapter, said their primary objection was the government-led nature of the proposed institute.

Full text of the statement: The Sri Lanka Press Institute (SLPI), and its constituent partners, the Newspaper Society of Sri Lanka (NSSL), The Editors’ Guild of Sri Lanka (TEGOSL), the Free Media Movement (FMM), the Sri Lanka Working Journalists Association (SLWJA) together with its affiliated organizations, the Muslim Media Forum (MMF), the Tamil Media Alliance (TMA), The Federation of Media Employees Trade Union (FMETU), the South Asia Free Media Association’s SL Chapter (SAFMA) object the proposed Chartered Institute of Media Professionals of Sri Lanka (CIMP) Bill.

Our primary objection stems from the government-led nature of this initiative. History shows that robust professional bodies, such as the Institute of Engineers and the Sri Lanka Institute of Architects, were founded and drafted by the professionals themselves before being incorporated by Parliament. In contrast, the CIMP is a state-driven project ordered to be published by the Minister of Health and Mass Media despite objections raised by media’s professional bodies. We view this as an attempt to impose a state-managed regulatory framework upon a profession that must remain independent of government interference to function effectively.

The SLPI, its constituents and affiliated organizations maintain that professional media standards must be self-regulated in principle and led by the media community, not mandated by law under ministerial oversight. The SLPI has presented an alternative mechanism, viz., the Sri Lanka Media Commission (SLMC), based on co-regulatory and self-regulatory principles, which improves professionalism. In addition, the Sri Lanka College of Journalism, which is recognised by the media industry for training journalists for more than two decades, could also be an alternative way of building relevant journalism standards with government financial support if it intends to genuinely promote media professionalism.  We call upon the government to withdraw this Bill and engage in a genuine dialogue with stakeholders that respects the autonomy and freedom of the media in a democracy.

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Fort Magistrate orders arrest of MP Archchuna

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Archchuna

The Fort Magistrate’s Court yesterday issued a warrant for the arrest of Jaffna District MP Ramanathan Archchuna after he failed to appear before court in connection with a pending case.

Court officials said the MP and his bail sureties were absent when the matter was taken up, prompting the Magistrate to issue the warrant.

The case relates to an alleged incident in which Archchuna is accused of obstructing the duties of Fort Police officers while they were performing their duties.

The matter was listed before the Colombo Magistrate’s Court yesterday as well, when the MP failed to appear before court and his bail guarantor was also absent. Following this, the Magistrate ordered that a warrant be issued against him.

The case is to proceed with further legal action against the MP.

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Dengue rages with average of 2,391 new cases detected daily 

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Sri Lanka’s dengue outbreak has continued to worsen, with the number of infections reported this year surpassing 80,000, according to official surveillance data.

The country recorded 80,114 dengue cases as of midnight on July 23, while health authorities reported 59 dengue-related deaths, resulting in a case fatality rate of 0.07%.

The National Dengue Control Unit said that by Week 29, a total of 175 Medical Officer of Health (MOH) areas had been identified as high-risk zones, with an average of 2,391 new cases being reported daily.

July has emerged as the worst month of the year so far, with 24,739 cases recorded, while June also saw a significant surge with 21,534 infections.

The Western Province continues to account for more than half of the country’s dengue burden, with Gampaha recording 16,950 cases and Colombo 16,091 cases. Together, the two districts account for more than 40% of total infections reported nationwide.

Other districts recording high numbers include Matara with 5,534 cases, Kandy with 4,827, Kalutara with 4,545, and Ratnapura with 4,428 cases. The Colombo Municipal Council area alone has reported over 3,200 dengue infections.

At provincial level, the Southern Province has recorded 12,143 cases, followed by the Central Province with 6,686 and Sabaragamuwa with 6,607. Meanwhile, the North Western, Eastern, Uva, North Central and Northern provinces have reported 3,844, 3,148, 2,154, 1,264 and 1,173 cases respectively.

Health authorities have urged residents, particularly those living in high-risk areas, to intensify mosquito-control measures and seek immediate medical attention when dengue symptoms appear, warning that the situation could deteriorate further without sustained preventive action.

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