Sri Lanka Gazettes New Anti-Terror Bill to Replace PTA After 47 Years

COLOMBO (News 1st); The Protection of the State from Terrorism Bill, introducing a new legal framework to combat terrorism, has been published in the Gazette.

A notable feature of the Bill, presented by the Ministry of Justice and National Integration, is the proposal to repeal the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979, or the PTA, which has been in force for nearly 47 years.

The objective of the proposed legislation is to provide a new legal framework for protecting Sri Lanka's national security and its people from acts of terrorism, while facilitating the detection, identification, arrest, detention, investigation, prosecution and punishment of persons involved in terrorism-related offences.

According to the draft Bill, the definition of terrorism has been expanded. Acts intended to create fear among the public, compel a government or international organization to act or refrain from acting, cause death or grievous injury, take hostages, destroy public property or critical infrastructure, cause serious environmental damage, or launch cyberattacks against information technology and communication systems may constitute terrorism offences.

Sri Lanka's cyber environment, computer networks, critical data systems and nationally significant cultural heritage assets have also been included among the protected sectors under the proposed legislation.

The Bill explicitly states that peaceful protests, advocacy, dissent, strikes, lockouts, political expression, human rights activities, and lawful humanitarian or medical services cannot, by themselves, be treated as acts of terrorism.

Special provisions relating to media freedom have also been incorporated. Fair and accurate reporting by journalists and media organizations, commentary, analysis, academic and scientific research, public-interest communication, legal representation, artistic expression, and lawful political discourse are specifically excluded from offences under the proposed law.

The Bill prescribes stringent penalties for terrorism-related offences.

A person convicted of a terrorism offence resulting in death may face imprisonment for life, while other serious terrorism offences may attract rigorous imprisonment of up to 20 years and fines of up to Rs. 20 million.

Membership in proscribed organizations, recruiting individuals for such organizations, providing funds, financial services, equipment, training, logistical assistance or other material support, and organizing or participating in the activities of such organizations are also classified as offences.

The proposed legislation introduces several new procedures relating to the arrest and detention of suspects.

Authorities would be required to inform an arrested person of the reason for arrest, the identity of the arresting officer, and the person's right to access legal counsel.

Under the draft law, a suspect must be produced before a Magistrate within 48 hours of arrest.

A detention order may be issued for a period of up to two months at a time, while the aggregate period of detention cannot exceed one year from the date of the initial detention order, a notable limitation included in the Bill.

Any detention extending beyond two months would require approval from the High Court.

The draft legislation also contains a number of safeguards aimed at protecting the fundamental rights of suspects.

These include mandatory notification of next of kin following an arrest, notification to the Human Rights Commission of Sri Lanka, medical examinations, investigations into allegations of torture, and access to an Attorney-at-Law.

The Bill further proposes the establishment of an Independent Review Committee headed by a former Supreme Court or Court of Appeal judge to review detention orders. The committee would have the authority to examine the legality, necessity and proportionality of detention orders and recommend whether they should be confirmed, varied or revoked.

In addition, the President would be empowered to proscribe organizations believed to be involved in terrorism-related activities. Under such orders, meetings, fundraising activities, bank accounts, financial transactions, recruitment efforts, and propaganda activities connected to those organizations could be prohibited.