Human Rights Commission writes to Justice Minister on repeal of PTA

THE Human Rights Commission of Sri Lanka (HRCSL) has written to Justice and National Integration Minister Harshana Nanayakkara with respect to the repeal of the Prevention of Terrorism Act, No. 48 of 1979 (PTA).

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It also forwarded its findings and recommendations in Case No. SUO MOTU-08-25, which has a direct bearing on the current process through which the Government of Sri Lanka aims to repeal the PTA.

The Commission pointed out that Case No. SUO MOTU-08-25 concerned the arrest and detention of Mohamad Liyaudeen Mohamed Rusdi by the Counter Terrorism and Investigation Division (CTID) of Sri Lanka Police under the PTA. Following the completion of the inquiry and a thorough review of the documentation provided by the CTID, the Commission issued its findings and recommendations with respect to this case on 12 June 2025.

The Commission informed the Minister of Justice that, despite the lack of evidence that Rusdi had committed any offence, the CTID proceeded to arrest him, to refrain from producing him before a judicial officer, to secure a detention order against him, and to hold him in custody for 14 days before eventually recommending his release. Moreover, on 30 May 2025, the Media Division of Sri Lanka Police issued a prejudicial official media statement referring to Rusdi’s alleged ‘mental state’ and the possibility that he could commit an act of ‘religious extremism’ due to his ‘mental state’.

Rusdi’s eventual release was then subjected to conditions stipulated in a restriction order, which remains in force to date.

The conditions include informing the CTID if he planned to change his place of residence, seeking the prior permission of the CTID if traveling overseas, and reporting to the CTID every week. Notably, the Commission found that the PTA does not permit ‘preventive’ detention, and any arrest, detention order or restriction order under the PTA should be based on reasonable suspicion of an offence being committed by the person concerned.