Regular justice or transitional justice?

Addressing Parliament, President Anura Kumara Dissanayake affirmed the government’s commitment to confronting human rights violations from the past, stating: “We will face these grievous legacies openly, firmly, and with sensitivity to all communities.” He specifically highlighted the Prevention of Terrorism Act (PTA), describing it as the “most potent and most misused national-security law in our history.” Introduced 37 years ago during the early stages of the Tamil militant movement, the law was explicitly intended as a temporary safeguard. Yet now 16 years after the end of Sri Lanka’s armed conflict its continued necessity is rightly in serious question, a view shared by numerous local and international human-rights organisations.

- BY JEHAN PERERA

This question was brought sharply into focus by the high-profile case of a young man detained under the PTA for over nine months without formal charges. Ultimately released due to a complete absence of evidence of wrongdoing, his only offense appears to have been publicly expressing anger at the war crimes in Gaza by pasting an anti-Israel sticker near the Israeli consulate and posting an Instagram post of the Israeli flag being trampled. As a Muslim, he was presumed a security threat by the detaining authorities. This case is far from isolated. There have been multiple documented instances in which the PTA has been invoked to detain individuals especially from minority communities without trial or charge for extended periods.

Indeed, the PTA has been used disproportionately against ethnic and religious minorities, a symptom of deep-rooted mistrust that continues to impede national progress. Many successive administrations have cast these communities as potential fifth columns aligned with external, hostile interests. In the words of ancient wisdom, “A house divided against itself cannot prosper,” a sentiment sadly borne out by Sri Lanka’s failure to fulfill its post-Independence promise. Recognising this, the current government has pledged to abandon such a self-destructive mindset. President Dissanayake has explicitly assured citizens of all faiths and ethnicities that they will be treated equally under the law.

Complex Considerations