(e) Immediately repeal the Prevention of Terrorism Act and replace it by legislation that is in conformity with the international obligations of the State; Situation during the visit A/HRC/33/51/Ad d.2 Paragraph 16 Measures taken/current situation Government A process has been set in motion to repeal and replace the Prevention of Terrorism (Temporary provisions) Act no 48 of 1979 (PTA) with a Counter Terrorism Act (CTA) that would be in line with international human rights norms. Input received from a number of international organisations including the Office of the High Commissioner for Human Rights (OHCHR), the UN Counter Terrorism Executive Directorate (UNCTED), the United Nations Office on Drugs and Crime (UNODC), the International Committee of the Red Cross (ICRC), the European Union, and individual experts on counter terrorism and human rights, were considered in the process of formulating the draft Legal Framework of the Counter Terrorism Act (based on which the present Counter Terrorism Bill is developed). The Framework was also shared with the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, who visited Sri Lanka in July 2017 for his comments. The Cabinet of Ministers approved the Draft Bill on 11 September 2018 and the Bill was thereafter placed on the government gazette issued on 21 September 2018. Upon being placed on the order paper on 10 October 2018, the Bill was challenged in the Supreme Court. Thereafter, the Supreme Court submitted its determination to the Parliament. The Hon. Speaker shared the Supreme Court’s determination with the Parliament on 14 November 2018. Since 23 January 2019, the Bill is under consideration at the Sectoral Oversight Committee on International Relations in the Parliament. The Counter Terrorism Bill seeks to reduce the period of detention while providing an appeal mechanism with regard to executive detention. It further recognizes the right of an accused to have access to an attorney-at-law and subject the suspects to regular medical examinations. Maintaining a central data base and a register containing all relevant information (arrest/detention/remand/bail/prosecution/conviction/acquittal) is a key positive feature of the proposed Act. The information is also required to be duly shared with the Human Rights Commission. Unlike in PTA, confessions are only admissible if made to a Magistrate without a threat, inducement or promise. OMP In October 2018, the government tabled a Bill titled Counter Terrorism Bill in Parliament which sought to repeal and replace the Prevention of Terrorism Act (PTA). The OMP welcomed the decision to repeal the PTA and reiterated the concerns of past commissions of inquiry that a weak legal and institutional framework relating to arrest and detention has Level of implementation and observations (to be completed by the WGEID) While welcoming information according to which repeal of the Prevention of Terrorism Act is planned, the Working Group is concerned that the draft Counter Terrorism Act contains some problematic provisions which are not in conformity with the international obligations of the state. The Working Group calls on the Government to amend the draft to ensure that it is fully in line with all relevant standards. A/HRC/42/40/Add.1 32 Recommendations A/HRC/33/51/Add.2

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