PTA: Address deep-rooted flaws

Last week the Cabinet of Ministers had approved the proposed amendments to the Prevention of Terrorism (Temporary Provisions) Act of 1979 (PTA) which were subsequently gazetted. Amendments to the PTA have been long demanded since this draconian law has been used and misused for over four decades to deprive fundamental rights of citizens in the guise of fighting terrorism. 

The PTA to date is a weapon in the hands of the ruling administration which uses it as an intimidation tactic to silence critics and political opponents. Even in instances where terror suspects have been arrested under the PTA the statute has allowed for continuous detention without indictment or trial of individuals. Some persons have been held under this law for over 15 years making a mockery of the criminal justice system. 

While the Government’s moves to amend the PTA are welcomed at the outset, it is necessary to ensure that they are done in a manner to further the rights of the citizenry rather than a box ticking exercise for the consumption of international interlocutors. It is no secret that the current administration has been forced to address the PTA due to international pressure. The law has been harshly criticised by numerous international organisations and rights groups. It has particularly become a point of contention for retaining the GSP plus trade concessions from the European Union, which had made the reform of the law conditional to the continuation of the concessions.

Irrespective of motive or motivation, any amendments to the PTA that protect the rights of Sri Lankan citizens must be welcomed. However, advocacy group the Centre for Policy Alternatives (CPA) notes that the proposed amendments follow a minimalist approach, introducing only basic reforms which are insufficient to address ground realities. 

This reflects the approach of the Government which is primarily interested in appeasing its international partners who have demanded change. It is not a coincidence that the proposed amendments have come just in time before the 49th session of the UN Human Rights Council in February and the GSP plus review by the EU in March 2022.

One of the primary concerns of the prevailing PTA is that it has enabled a culture of torture within law enforcement. The proposed amendments do not address the period of 72 hours after arrest before producing a suspect as a victim before a magistrate. This allows for administrative detention without any judicial supervision which has often led to torture of detainees. 

The current law also allows for confessions given to a law enforcement official above a certain rank to be admissible as evidence. This has created an environment where detainees have either been tortured or coerced into giving self-incriminating confessions. 

In a recent interview Ahnaf Jazeem, a poet who was detained for more than a year under the PTA, described how he was coerced into giving a confession. The lack of judicial oversight during investigations, the extensive powers granted to investigating officers and the broad rule making powers granted to the minister in charge of defence have not been addressed in the new amendments.

Every country needs laws to deal with terrorism. 

Even in advanced democracies there are many laws that deal with the threat of terrorism, distinct from regular statute. The argument that the PTA should be repealed and not replaced with law that adheres to human rights standards, is utterly impractical. But as a country that has witnessed a plethora of PTA abuses over the years, there is no excuse to allow the glaring inconsistencies inherent to the law to continue without amendment and review. 

The PTA must be amended at least to adhere to the basic human rights standards and should reflect the lived experience of the Sri Lankan people. Therefore, tinkering with it to address international pressure will not suffice if the Government has a genuine intent to address its inherent and deep-rooted flaws. The Government should consider the amending of the PTA as a long overdue national issue that would be beneficial for all its peoples, including law enforcement authorities.