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Deradicalisation and rehabilitating extremists: Regulations gazetted

14 Mar 2021

Regulations to rehabilitate those arrested over extremist activities were issued by President Gotabaya Rajapaksa through the Ministry of Defence, and are cited as the Prevention of Terrorism (Deradicalisation from holding violent extremist religious ideology) Regulations No. 1 of 2021. The regulations were issued through the Extraordinary Gazette Number 2218/68 on Friday (12). The provisions of the regulations in the Gazette indicate that any person who surrenders or is taken into custody on suspicion of having violent extremist religious ideology is dealt with in accordance with the provisions of the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979. The regulations will also apply to those who surrender or are taken into custody and detained under the provisions of the Prevention of Terrorism (Proscription of Extremist Organisations) Regulation No. 1 of 2019 published in the Gazette Extraordinary No. 2123/3 of 13 May 2019 and the Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2019 published in the Gazette Extraordinary No. 2120/5 of 22 April 2019, and they would be referred to a rehabilitation programme as per the regulations. They are to be referred to reintegration centres for the purpose of rehabilitation with the approval of the Commissioner General of Rehabilitation. These centres are to be approved by the Secretary to the Ministry of Defence. In terms of surrender or arrest, the regulation notes that any person other than a police officer to whom a person surrenders or who takes a person into custody, shall hand over such surrenderer or person taken into custody, to the Officer in Charge (OIC) of the nearest police station within 24 hours of such surrender or taking into custody. However, where there is reasonable cause to suspect that a surrenderer or detainee has committed an offence, the said OIC shall submit a report to the Minister for consideration as to whether such surrenderer or detainee shall be detained for the purpose of conducting an investigation. Furthermore, where in the course of such investigation it is disclosed that such surrenderer or detainee has committed an offence, the matter shall be referred to the Attorney General (AG) for appropriate legal action. Where the AG is of the opinion that according to the nature of the offence committed, a surrenderer or detainee shall be rehabilitated at a centre in lieu of instituting criminal proceedings against him/her, such surrenderer or detainee shall be produced before a Magistrate with the written approval of the AG. The Magistrate may make the order, having taken into consideration whether such surrenderer or detainee has committed any other offence other than offences specified, referring him/her thereafter for rehabilitation for a period not exceeding one year. The Commissioner General of Rehabilitation shall provide a surrenderer or detainee with psych-social assistance and vocational and other training during the period of his rehabilitation to ensure that such person is integrated back to the community and society. The Commissioner General of Rehabilitation shall every three months from the date of handing over a surrenderer or detainee for rehabilitation, forward to the Secretary to the Ministry of the Minister of Defence, a report on the nature and the progress of the rehabilitation programme carried out in respect of such person, and the said Secretary shall submit such a report to the Minister. A surrenderer or detainee referred for rehabilitation may, with the permission of the OIC of the centre, be entitled to meet his parents, relations, or guardian, once every two weeks. At the end of the period of rehabilitation, the Commissioner General of Rehabilitation shall, having regard to the nature and progress of the rehabilitation of such surrenderer or detainee, consider whether it is appropriate for the surrenderer or detainee to be released or be subject to a further period of rehabilitation, and forthwith submit his recommendation to the Secretary to the Ministry of the Minister, and the said Secretary shall forthwith forward such report to the Minister. The Minister may, after perusal of the report submitted to him, order the release of such surrenderer or detainee or extend the period of rehabilitation for a period of six months at a time, so, however, that the aggregate period of such extensions shall not exceed a further year (each such extension shall be made on the recommendation of the Commissioner General of Rehabilitation). The surrenderer or detainee shall, at the end of the extended period of rehabilitation, be released. Where any such surrenderer or detainee acts in a manner that is disruptive to the rehabilitation programme or detrimental to the interests of the other surrenderers or detainees, the Commissioner General of Rehabilitation shall inform in that regard in writing the OIC who applied to the Magistrate for rehabilitation and upon receipt of information from the Commissioner General of Rehabilitation, the said OIC shall apply to the Magistrate to revoke the order for rehabilitation and refer the matter to the AG to consider whether such person shall be indicted in lieu of rehabilitation.  


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