(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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents