Recommendations
A/HRC/33/51/Add.2
Situation during
the visit
A/HRC/33/51/Ad
d.2
Measures taken/current situation
Level of implementation and
observations (to be completed
by the WGEID)
contributed to the high incidence of missing and disappeared persons in Sri Lanka.36 The OMP
recommended that a number of safeguards be included to protect against arbitrary detention
in the proposed Bill.37
Amnesty
The PTA has not yet been repealed. Sri Lanka has proposed a draft “Counter Terrorism Act”
in September 2018. Although the Bill improves on some aspects of the draconian measures in
the PTA, there are many provisions in the current Bill which give cause for alarm. These
include:
Ambiguity on critical definitions of what constitutes an offence of terrorism;
Detention without charge for up to one year;
Detention for up to 14 days without access to a court of law;
Interrogation of suspects without access to legal representation;
Prosecutorial and judicial discretion to impose sanctions prior to a full and fair trial,
flouting the suspect’s presumption of innocence;
The lack of a time-bound requirement to convey critical information to the suspect
at the time of arrest or soon after;
The ability for officers or members of the armed forces or a coast guard officer to be
able to make arrests without warrant;
Excessively long periods for arresting officers to transport suspects to the nearest
Police station;
Makes no presumption in favour of bail when a person is detained;
Allows for bulk interception and decryption of electronic communication;
Permits senior police officers to place arbitrary restrictions on movement and
prohibitions on the public when an overly vague offence under the Bill is likely to
be committed;
Paves the way for the President to be able to make arbitrary curfew orders.
See Amnesty International commentary on the bill38 andublic statement39.
37
38
33
39
Final Report of the Lessons Learnt and Reconciliation Commission, 163-5, 341; Final Report of the Commission of Inquiry into Involuntary Removal or
Disappearance of Persons the Western, Southern and Sabaragamuwa Provinces, Sessional Paper No. V (1997) 75-76, 111-116, 173-175; Final Report of the
Commission of Inquiry into Involuntary Disappearance of Certain Persons (All Island) Sessional Paper No-1 (2001) 21, 22, 23; Final Report of the Consultation Task
Force on Reconciliation Mechanisms Volume 1 (2016), 423, 428.
See Office on Missing Persons, Annual Report (2019), para 2.18. (OMP Annual Report)
https://www.amnesty.org/download/Documents/ASA3797702019ENGLISH.PDF
https://www.amnesty.org/download/Documents/ASA3797692019ENGLISH.PDF
A/HRC/42/40/Add.1
36
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