United Nations - The Government of Sri Lanka must revise the proposed Protection of the State from Terrorism Act (PSTA), to ensure the bill is consistent with international human rights law, UN experts* said today.
“We welcome the proposed repeal of the Prevention of Terrorism Act of 1979, which enabled many serious human rights violations, including torture and enforced disappearances, committed before, during and since the horrific 26-year civil war in Sri Lanka, including abuse against minorities, human rights defenders, journalists and civil society,” the experts said.
They noted the Sri Lankan Government had presented a much-improved latest draft of the PSTA in response to feedback, but emphasised that some vital concerns remain to be addressed.
The experts said detention orders must be subject to prompt and effective judicial control and oversight, including to test the legality, necessity and proportionality of the detention and order release.
“The Independent Review Committee that hears detention appeals must be genuinely independent, and its decisions binding,” they said.
“Detainees must be guaranteed access to legal counsel, interpretation, independent medical examination, legal aid, family contact and prompt visits by the Human Rights Commission of Sri Lanka,” the experts said. “Transfers from detention must be recorded and reported to prevent enforced disappearances and incommunicado detention.”
They called for the definition of terrorism to be limited to acts intentionally causing death or serious injury, and to exclude mere property damage.
“Expression-related offences must involve a likelihood of causing terrorist violence,” the experts said.
The experts called for the arrest, question and search powers of the armed forces to be abolished to prevent abuse, given the history of military violations, and warned that powers to prevent terrorism offences must be tightened and subject to judicial oversight. The criteria and thresholds for proscribing organisations should be clarified and raised, time limits imposed on proscription, and cumulative time limits imposed on restriction orders and the power to prohibit places.
The experts called for stronger procedural protections. All evidence or statements obtained unlawfully, by torture or ill-treatment, must be excluded from proceedings. Due process concerning the non-disclosure of evidence on security grounds should be strengthened. Information relating to journalistic sources, legal privilege, professional confidentiality and human rights monitoring must be protected from disclosure.
“Presidential authority to direct how the law would be enforced must be limited, and the Prevention of Terrorism Act should not apply transitionally after the PSTA comes into force.”
“The Government must strengthen oversight, accountability and prompt and effective remedies for violations of human rights and of legal authority under the PSTA. This includes ensuring release from detention, exclusion of evidence, disciplinary or criminal liability of officials, and reparation for victims, such as compensation, rehabilitation, apology and guarantees of non-repetition,,” the experts said.
“It is unacceptable that the PSTA would confer immunities on officials for wrongful acts,” they said.
“Countering terrorism is only effective if human rights are respected.”
The experts addressed concerns about an earlier draft of the PSTA to the Government and called for consultation with stakeholders, including civil society. They also recently addressed related reforms, including bills regulating NGOs and on organised crime.
The experts offered technical assistance to the authorities to improve the bill.
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