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HRCSL asks IGP to inform about PTA arrests within 48 hours

09 Jan 2022

The Human Rights Commission of Sri Lanka (HRCSL) has written to Inspector General of Police (IGP) C.D. Wickramaratne last week, requesting that the Police inform the HRCSL about an individual who is arrested or detained under the Prevention of Terrorism Act (PTA) within 48 hours to the HRCSL. In the letter addressed to IGP Wickramaratne, HRCSL Chairperson Supreme Court Judge (Retd.) Justice Rohini Perera Marasinghe had pointed out that this request is made within the powers mandated to the HRCSL under Section 28 of the HRCSL Act No. 28 of 1996 (duty to inform Commission of arrest and power of Commission to inspect to obtain information). She had further pointed out a number of steps that the Police must take with regard to those who are arrested under the PTA, including informing the HRCSL of their release or transfer. She had claimed that this information was not duly received by the HRCSL, and had requested IGP Wickramaratne to inform police officers of this requirement. Moreover, the HRCSL has requested that a monthly list of those who are arrested under the PTA, released or transferred be sent to the HRCSL from all police stations, for better monitoring by the Commission. On 29 December, Marasinghe, along with the other commissioners, met the heads of the Criminal Investigation Department (CID), Terrorism Investigation Division (TID), and the Police Legal Division, where detainees currently being held under the PTA had been discussed. Calls to repeal the PTA grew last year, both locally and internationally, with UN High Commissioner for Human Rights Michelle Bachelet emphasising the need for its repeal in her oral update about Sri Lanka earlier last year. The European Parliament, earlier last year, called on the Government of Sri Lanka to repeal the PTA and the European Commission to consider the temporary withdrawal of the Generalised Scheme of Preferences Plus (GSP+) trade concession from Sri Lanka if it is not done. The GSP+ Monitoring Mission for the Third Cycle visited Sri Lanka during the months of September and October, meeting civil society members, politicians, and other stakeholders about a number of issues including the PTA. The Morning reported at the time that the Ministry of Justice, in its discussions with the European Union (EU) delegation, had assured them that necessary amendments will be made to the PTA within the next six months. The 24th Session of the EU-Sri Lanka Joint Commission in the first quarter of 2022 will witness the review of all aspects of bilateral co-operation. Last year, President Gotabaya Rajapaksa also appointed a three-member Advisory Board under Section 13 of the PTA, to make recommendations on actions to be taken on detainees and remand prisoners held under the PTA. The first draft of the renewed PTA report was presented to President Rajapaksa on 15 November by Committee Chairman and Defence Secretary Gen. (Retd.) Kamal Gunaratne. Ten Tamils who were arrested by the Sri Lanka Police on 18 May under the provisions of the PTA were released on bail on 8 December by the Valaichchenai District Magistrate’s Court. According to the Journalists for Democracy in Sri Lanka (JDS), the party had been arrested for lighting a flame of remembrance for war victims at Kiran beach in Kalkudah, Batticaloa. It was reported that these individuals were held under the PTA for a period of seven months.

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