The Sri Lankan government should abide by National Human Rights Commission guidelines on arrest and detention while taking urgent steps to repeal the draconian Prevention of Terrorism Act (PTA), Human Rights Watch said on Monday (June 13). Sri Lankan authorities have continued to use the PTA to detain individuals without charge, despite pledging to revoke the law at the United Nations Human Rights Council in Geneva in October 2015.
The PTA was used widely during the country’s decades-long civil war, primarily against those suspected of involvement with the separatist Liberation Tigers of Tamil Eelam. Exact numbers of those still held under the PTA are unknown, with estimates ranging from 120 to 162 detainees. Since April 2016, the government has arrested at least 11 people under the PTA for alleged terrorist activities instead of using appropriate provisions under the criminal code.
“It is encouraging that the government has taken preliminary steps to abolish the Prevention of Terrorism Act, but the process is moving too slowly,” said Brad Adams, Asia director. “Until it is repealed, the government should announce a moratorium on the use of the PTA and instead rely on the criminal code, which does not allow indefinite detention without charge or trial.”
Following a scathing report by the Office of the High Commissioner for Human Rights in September 2015, the government agreed to a resolution at the Human Rights Council in which it made many pledges toward accountability and justice. Paragraph 12 of the resolution committed the government to review and repeal the PTA and enact a law in line with international best practices. The government is working on a new bill to replace the PTA but there is no sign that this will be passed soon, and little transparency or consultation about the process.
“So long as the PTA is in place and being used, the Sri Lankan government will have a hard time convincing the Human Rights Council that it is keeping its commitments,” Adams said. “Revoking the PTA is absolutely crucial for ensuring respect for the basic rights of criminal suspects and the rule of law in Sri Lanka.”
