Friday, October 02, 2026

The Human Rights Commission of Sri Lanka (HRCSL) submitted key recommendations regarding the Prevention of Terrorism Act (PTA) and the proposed Protection of the State from Terrorism Bill in a letter sent by HRCSL Chairman (Retired Supreme Court Judge) Laxman T. B. Dehideniya to Justice Minister Harshana Nanayakkara, with a copy forwarded to President Anura Kumara Dissanayake: Key Recommendations from the HRCSL Repeal the Prevention of Terrorism Act (PTA): The HRCSL states that the Prevention of Terrorism (Temporary Provisions) Act is a severe stain on Sri Lanka’s statute book and emphasizes that there is no better time than now to repeal it entirely. Handle Terrorism Offenses Under Ordinary Law: The Commission strongly recommends that offenses related to “terrorism” be dealt with under ordinary criminal procedure rather than through special emergency or repressive legislation. Narrow the Scope of “Terrorist Offense”: The definition and scope of a “terrorist offense” should be significantly amended and narrowed to prevent overly broad interpretation or abuse against non-terrorist activities. Ensure Judicial Oversight on Detention Orders: Any Detention Order (DO) issued against a person arrested for a terrorism offense must be subjected to meaningful judicial oversight in line with constitutional expectations. Grant Meaningful Judicial Authority for Bail: Judges must be empowered with genuine discretionary authority to grant bail to suspects arrested on suspicion of terrorism offenses in all appropriate circumstances. Guarantee Access to Legal Counsel: Suspects must be given meaningful access to legal advice before making any statement in front of a Magistrate. Additional Context & Background Alignment with Fundamental Rights and International Standards: The HRCSL emphasized that these legal reforms are critical to ensure Sri Lanka’s anti-terrorism measures fully align with Chapter III (Fundamental Rights) of the Constitution of Sri Lanka and its international human rights commitments. Legislative Context: The recommendations come as the government reviews draft counter-terrorism legislation to replace the decade-old PTA, which has drawn long-standing criticism from local civil society groups, the UN, and international human rights organizations for enabling arbitrary detention and lack of due process.

Sri Lanka's Human Rights Commission (HRCSL) has submitted a landmark set of recommendations calling for the complete repeal of the Prevention of Terrorism Act (PTA) and sweeping reforms to proposed replacement legislation. In a formal letter addressed to Justice Minister Harshana Nanayakkara — with a copy forwarded to President Anura Kumara Dissanayake — HRCSL Chairman and retired Supreme Court Judge Laxman T. B. Dehideniya outlined six critical measures the Commission believes are essential to bringing Sri Lanka's counter-terrorism framework in line with constitutional guarantees and international human rights obligations.

A "Severe Stain" on Sri Lanka's Legal Framework

The HRCSL did not mince words in its assessment of the existing law. The Commission described the Prevention of Terrorism (Temporary Provisions) Act as a "severe stain" on Sri Lanka's statute book — a damning characterization from the country's own independent human rights body. The letter emphasized that the current political and legislative climate presents a rare and timely opportunity to eliminate this controversial legislation entirely, rather than simply amending it at the margins. Decades of criticism from domestic civil society organizations, United Nations bodies, and international human rights groups have consistently highlighted the PTA's role in enabling arbitrary detention and denying suspects basic due process protections. The HRCSL's intervention signals that the momentum for meaningful reform has never been stronger.

Terrorism Cases Should Follow Ordinary Criminal Procedure

One of the Commission's most significant recommendations is that offenses related to terrorism should be prosecuted under ordinary criminal law rather than through special emergency or repressive legislation. This recommendation challenges the foundational premise of laws like the PTA, which operate outside the standard legal framework and grant authorities extraordinary powers with limited accountability. The HRCSL argues that routing terrorism cases through regular criminal procedure would restore critical safeguards, reduce the risk of abuse, and ensure that the rights of accused individuals are protected from the moment of arrest through to trial.

Narrowing the Definition of "Terrorist Offense"

The Commission also called for a substantial narrowing of the definition of what constitutes a "terrorist offense." Overly broad definitions have historically allowed authorities to apply terrorism-related charges to activities that bear little or no resemblance to actual terrorism — including peaceful protest, political dissent, and journalism. The HRCSL stressed that any new legislation, including the proposed Protection of the State from Terrorism Bill, must contain a precisely defined and narrowly scoped definition of terrorism to prevent misuse against ordinary citizens exercising their fundamental rights.

Judicial Oversight Must Be Restored for Detention Orders

A central concern raised by the HRCSL is the lack of meaningful judicial oversight over Detention Orders (DOs) issued under terrorism-related laws. The Commission recommended that any Detention Order issued against a person arrested on suspicion of a terrorism offense must be subject to genuine judicial scrutiny, consistent with the constitutional expectations enshrined in Chapter III of the Constitution of Sri Lanka. Without robust judicial oversight, detention orders become instruments of prolonged imprisonment without adequate legal recourse — a pattern that has drawn repeated condemnation from international observers.

Empowering Judges to Grant Bail

The HRCSL further recommended that judges be vested with real and meaningful discretionary authority to grant bail to individuals arrested on terrorism-related suspicions. Under the current PTA framework, bail provisions are severely restricted, leaving suspects detained for extended periods without the ability to challenge their imprisonment through normal legal channels. The Commission's recommendation would restore judicial independence and ensure that pretrial detention remains the exception rather than the rule, applied only when genuinely necessary and proportionate.

Guaranteed Access to Legal Counsel Before Magistrate Statements

Another key recommendation addresses the right to legal representation. The HRCSL stated clearly that suspects must be granted meaningful access to legal advice before making any statement in front of a Magistrate. This safeguard is fundamental to preventing coerced confessions and ensuring that individuals understand their legal rights before engaging with the judicial process. The absence of this protection under the PTA has been a persistent human rights concern flagged by legal experts and advocacy organizations for years.

Aligning Sri Lanka With Its International Obligations

Taken together, the HRCSL's recommendations represent a comprehensive blueprint for counter-terrorism legislation that respects both the Constitution of Sri Lanka and the country's binding international human rights commitments. As the government reviews draft legislation intended to replace the PTA, the Commission's letter serves as a critical reminder that security objectives and human rights protections are not mutually exclusive. Sri Lanka now faces a defining choice: continue with a legal framework widely condemned as repressive, or seize this moment to build a rights-respecting approach to countering terrorism that can stand as a model for the region.