Measures taken/current situation
Situation during
the visit
A/HRC/33/51/Ad
d.2
Centre for Justice and Change
Prevention of Terrorism Act is not repealed. The Counter Terrorism Act is placed in
Parliament.
The CTA has improved in removing very offensive HR situations but it has not clearly defined
what terrorism is. It also give all security establishment powers. In parliament how it will be
scrutinized is yet to be seen.
Families of the Disappeared
There is a big discussion going on about the Repeal of PTA. Many HR organizations and
activists say the new law (CTA) is more dangerous than the PTA. Even the Opposition led by
Mahinda Rajapaksa, ex- president also oppose the new one. After the Easter Sunday bombs
explosions, the PM said he is requesting to proceed asap and to pass the CTA bill in which
most of the contents are oppose by many.
ICJ
The Prevention of Terrorism Act is yet to be repealed. The Counter-Terrorism bill which is
the proposed replacement of the PTA contains several problematic provisions in contravention
of international standards, several of which may increase the incidence of enforced
disappearances. Most notably:
Overbroad and ambiguous definitions of the offence of terrorism
Detention without charge up to one year and detention without access to a court of
law for up to 14 days
Interrogation of suspects without access to legal representation
Authority given to members of the armed forces and costal guards to arrest without
warrant
Authority given to senior police officers to place arbitrary restrictions on the freedom
of movement and the president to issue arbitrary curfew orders
The OMP in Paragraph 2.17 its Annual report asserts that in order to prevent enforced
disappearances and reduce the incidence of missing and disappeared persons, it is critical to
ensure that detainees are accounted for at all times and a robust system of checks and balances
are in place to ensure that no one agency or actor has unchecked power over them. Limiting
powers of arrest, providing for judicial oversight of detention orders, guaranteeing access to
Level of implementation and
observations (to be completed
by the WGEID)
A/HRC/42/40/Add.1
34
Recommendations
A/HRC/33/51/Add.2
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