The Bar Association of Sri Lanka (BASL) has urged the President and the law enforcement authorities to refrain from using the Prevention of Terrorism Act (PTA) against those who have been involved in protests against the government.
In a statement, the BASL urges the authorities to immediately rescind the detention orders issued against the individuals involved in the protests.
The BASL noted that the use of the PTA has been seen as a matter of concern in granting Sri Lanka an extension of the GSP+ by the European Union. The BASL further stated that abuse of the PTA has also been raised time and again at the United Nations Human Rights Council in Geneva.
The BASL stated that they are being presently detained in relation to incidents that occurred during the protests of April 9th, 2022.
The PTA is a draconian piece of legislation, which gives wide powers to the Executive to arrest and detain people for a lengthy period of time. Although detention orders are amenable to the Fundamental Rights and Writ Jurisdictions of the apex courts, they are not subject to regular judicial supervision, unlike instances of arrests and detentions under the general law. Administrative detention confers the executive with wide powers over the freedom of physical liberty of a person, and lengthy detention periods without judicial supervision go against internationally accepted standards of protection of human rights. There is also the danger that such
The BASL statement added that detention may result in the detainee being subject to torture and inhuman treatment.
Meanwhile, the BASL observed that the PTA is now being used despite assurances by the government of Sri Lanka that it was implementing a moratorium on the use of the PTA.
This statement has been issued under the signatures of BASL President Saliya Pieris PC and its Secretary Isuru Balapatabendi.
