Protection of the state from terrorism act: a critique of the current proposal

The Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979, (PTA), has been vigorously assailed for 45 years as the anchor of a legislative regime which is destructive of basic political and civil rights.

- BY PROFESSOR G. L. PEIRIS

A file picture of a protest against the PTA

It has gained ignominy as an instrument for denial of justice in diverse contexts and also placed in jeopardy, internationally, the prestige of our country as a vibrant democracy. There have been legislative interventions from time to time by Act No. 10 of 1982 and Act No. 22 of 1988.

By 2022, it was clear that the momentum of reform had to be accelerated. As Minister of Foreign Affairs at the time, on 22 March 2022, I introduced in Parliament, and secured the passage of, a series of amendments to the PTA. This was in the form of Act No. 12 of 2022. These amendments had as their principal objective, shortening the maximum period of permissible detention without trial, enhancing judicial oversight of detention, access to legal representation and communication, expediting of trials, liberalizing the law relating to bail, and invocation of the jurisdiction of the Supreme Court in fundamental rights applications.

I made it clear in Parliament that this was only a preliminary step confined to the introduction of urgent amendments to address immediate concerns. The ultimate aim, I informed Parliament, was not ad-hoc modification of the existing law, but the enactment of all-encompassing, fresh legislation. Towards this end, a comprehensive review was underway with participation by the Ministries of Defence, Justice, and Foreign Affairs, and the Attorney General's Department.

At the 50th session of the Human Rights Council on 13 June 2022, as Foreign Minister of Sri Lanka, I gave a firm assurance in Geneva that, pending this overhaul of the applicable legislation, there would be a de facto moratorium on use of the PTA. Although the Inspector General of Police had issued instructions accordingly at the time, unfortunately, after successive changes of government, this undertaking was not adhered to.