- Warns of threat to rights
The Bar Association of Sri Lanka (BASL) has called on the Government to withdraw the Protection of the State from Terrorism Bill (PSTB) and the Prevention of Organised Crimes Bill (POCB), warning that the proposed laws could grant sweeping powers of arrest and detention to the Executive while undermining judicial oversight and fundamental rights.
In a statement issued on Wednesday (21), BASL President Rajeev Amarasuriya said that both bills, gazetted and placed on Parliament’s Order Paper, raised serious concerns over personal liberty, freedom of expression, association, and movement, and the rule of law.
The BASL acknowledged the State’s responsibility to combat terrorism and organised crime but stressed that these objectives could not justify weakening constitutional safeguards or depriving individuals of liberty without effective judicial oversight.
The association said that Sri Lanka’s experience with the Prevention of Terrorism (Temporary Provisions) Act (PTA) No.48 of 1979 demonstrated the risks of granting extensive powers without adequate safeguards. Although introduced as a temporary measure, the PTA has remained in force for more than four decades and, according to the BASL, has been used under successive governments to detain people for prolonged periods without trial and to suppress dissent.
The BASL said that the PSTB, intended to replace the PTA, departed significantly from the draft approved by the committee appointed to review the existing law.
The association had nominated President’s Counsel Saliya Pieris and President’s Counsel Chanaka de Silva to the committee. However, its nominees had informed the BASL that the changes in the gazetted bill had not been referred back to the committee before publication.
The principal concerns include mandatory remand, restrictions on bail, and provisions allowing detention extensions without the judicial approval envisaged in the committee-approved draft. Bail would be available only through the High Court, with exceptional circumstances required for offences punishable by life imprisonment.
The BASL warned that these provisions could result in prolonged detention even where evidence against a suspect was weak. It also raised concerns over restriction orders limiting movement and association for up to three months at a time, expanded powers to proscribe organisations, and provisions allowing criminal liability to be created through subordinate legislation and Executive directives.
The BASL has raised serious constitutional concerns over the proposed POCB, warning that its broad definitions and detention powers could threaten fundamental rights and suppress legitimate activities, including peaceful protests.
The BASL has filed a Special Determination Application before the Supreme Court, challenging provisions allowing detention for up to one year under Executive orders, restricting bail, and admitting confessions made to Police officers.
Criticising the absence of public consultation, the BASL has called for the withdrawal of the POCB, withdrawal of the PSTA in its present form, and repeal of the PTA.