PTA is not a political football

The administration of President Anura Kumara Dissanayake came under justifiable scorn of the civil society recently for its announcement that it would not be immediately repealing the draconian anti-terrorism laws that have been used for decades against political opponents by successive governments. Public Security Minister Vijitha Herath told the weekly cabinet briefing last week that “the PTA would not be repealed or amended at this juncture,” adding that the law would not be “abused” by the new regime.

Repealing of the Prevention of Terrorism Act of 1979 has been long demanded by civil society and victims of this draconian law as it has been used and misused for over four decades to deprive fundamental rights of citizens in the guise of fighting terrorism. 

The PTA is a weapon in the hands of the ruling administration of the day 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. 

In recent times Criminal Investigation Department former Director SSP Shani Abeysekara was thrown into prison for 11 months over what the Appeals Court called trumped up and fabricated charges. Human rights lawyer Hejaaz Hizbullah was denied bail for 22 long months after being charged under the PTA. The case against him has fallen apart to a comical level with the indictments being changed with “inciting communal disharmony” rather than terrorism. Ahnaf Jazeem, a 26-year-old poet and teacher, was detained under the PTA for over a year without charges or any credible evidence being presented to a court. Denied fair trial, due process and unrestricted access to legal counsel, Ahnaf was detained in squalid conditions and there were allegations that the authorities have attempted to coerce him to make false confessions while under interrogation. 

For these reasons the PTA 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.

One of the primary concerns of the prevailing PTA is that it has enabled a culture of torture within law enforcement. It 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. 

The PTA must be repealed, and any new law dealing with concerns of terrorism must adhere to the basic human rights standards and should reflect the lived experience of the Sri Lankan people. Backtracking on a vital promise to repeal the draconian PTA, along with similar laws that threatened the basic rights of the people will only erode the confidence placed in the new administration of President Dissanayake. Limiting the use of the PTA, supposedly on the magnanimity of the ruling administration, should not be a risk worth taking, especially noting that the same promise had been made numerous times only to be broken later.