Elusive definition: Terrorism without terror?

For an act to come within the definition of terrorism, it must involve 'terror' or a 'state of intense or overwhelming fear' or be committed to achieve an objective of an individual or organisation that uses 'terror' or a 'state of intense or overwhelming fear' to realise its aims.

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The dangers of an overly broad definition go beyond conviction and increased punishment. Such definitions allow the State to harass individuals, especially critics of the government and civil society activists, and detain them for lengthy periods, thereby suppressing and discouraging criticism. Our legal literature is replete with Supreme Court judgments and statements of the Human Rights Commission on the misuse of special legislation.

FOLLOWING its electoral promise to abolish the Prevention of Terrorism Act (PTA), the Government has appointed a committee led by Rienzi Arsekularatne, Senior President's Counsel, to draft a new law to replace it. Arsekularatne has decades of experience in criminal justice, having worked as both a prosecutor and defence counsel. He represented many activists unfairly accused of crimes during the Aragalaya. As a legal advisor to the Catholic Church, he has a good understanding of the rights of victims and their families. He will thus be able to consider issues from the perspectives of the State, criminal justice, human rights, suspects, accused, activists, and victims.

Misuse of special laws