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SC to hear all petitions filed against the existing PTA and amendments proposed

18 Feb 2022

The Supreme Court of Sri Lanka is to hear all petitions filed by numerous individuals and organisations against the exiting Prevention of Terrorism Act (PTA) and the amendments which was tabled by Foreign Minister G L Peiris in Parliament recently. Accordingly, the Centre for Policy Alternative Executive Director Paikiasothy Saravanamuttu has filed a a Special Determination Petition in the Supreme Court challenging the constitutionality of the PTA Amendment Bill. Thereafter, former Commissioner of the Human Rights Commission of Sri Lanka (HRCSL) Ambika Satkunanathan filed a Fundamental Rights (FR) petition before the Supreme Court, challenging the proposed amendments to the PTA. Both petitioners noted that the basis that the amendments are inconsistent with Acts 3, 4, 11, 12(1), 13(1), 13(3), 13(4), 13(5), 138 and/or 141 of Sri Lanka’s Constitution. The CPA had urged the Government to withdraw the bill and take measures to stop the abuse of prisoners that have been detained under the PTA, adding that the Fundamental Rights and other Constitutional protections are granted to everyone. On the 10th of February, Foreign Minister G L Peiris tabled the bill to amend the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979, which has had no amendments since its inception. Pursuant to the relevant amendments, the aggregate period of detention of a person under a detention order will be reduced from 18 months to 12 months. The amendments will enable magistrates to visit the place of detention to ensure that the suspect is protected to the extent provided for in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994, Meanwhile, a detainee will be allowed to apply for a remedy guaranteed under Article 126 or 140 of the Constitution. In addition, the amendments will enable the suspect to be produced before a judicial medical officer to ensure that such person has not been subjected to torture and provide for holding trials on a day-to-day basis to ensure the expeditious disposal of cases. Further, provisions will be made by the amendments for granting of bail to persons in remand or in detention and to question an Order made or direction given under the principal enactment despite the protection afforded to officers for any act or thing done or purported to be done in good faith.


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