The Commonwealth Lawyers Association has asked the government to uphold the rule of law in the use of the Prevention of Terrorism Act and to refrain from relying on it to restrict or negate the exercise of fundamental rights vouchsafed in the constitution.
In a statement issued recently, it said the exercise of powers under the PTA cannot be at the unfettered discretion of the police. ‘The use of the PTA, if warranted, must always be subject to adequate judicial scrutiny, and determination’.
The statement went on to say that the PTA is intended to deal with the threat of terrorism and should not be used beyond its envisaged remit. ‘The ambiguity in the definition of terrorism in the PTA has, among others, permitted this abuse. In this regard, the scope of the PTA must clearly be specified. The exercise of powers under the PTA must therefore comply with the constitution of Sri Lanka’.
The commonwealth lawyers said they stand in solidarity with the Bar Association of Sri Lanka which is performing its function as an independent bar association that acts without fear or fervor in upholding the rule of law.
‘We have been closely monitoring the unfolding crisis in Sri Lanka and the rule of law issues that have arisen. We have noted the pivotal role of the Bar Association of Sri Lanka in promoting the rule of law and the efforts to protect fundamental rights under the constitution of Sri Lanka. We are pleased to support the BASL and stand in solidarity with them as it admirably performs its function as an independent bas association that acts without fear or fervor in upholding the rule of law’.
