We welcome the National People’s Power (NPP) government ascension to office
as a historic opportunity to correct the grave injustices institutionalised under
previous administrations including colonial administration. Your electoral mandate
was built on explicit commitments to restore civic and political rights – particularly the
repeal of the Prevention of Terrorism Act (PTA) – a promise that resonated deeply
with citizens who, like many of your own members, endured untold suffering under
this draconian law. The blood of 60,000 Sinhalese victims of state terror during the
1987-89 insurgency, and countless others across all communities, demands that this
government honour its social contract. Should this administration falter in delivering
this fundamental reform, it would not only betray its founding principles but
extinguish the last viable avenue for internal redress against ongoing human rights
Violations.
This appeal is presented with a profound sense of urgency and a deep commitment
to the principles of justice, human dignity, and the enduring welfare of the Sri Lankan
nation. We call for the immediate and unconditional repeal of the Prevention of
Terrorism Act (PTA) and the Public Security Ordinance (PSO), without replacement
by similarly repressive legislation. This call is rooted in extensive evidence of their
corrosive impact on the rule of law, fundamental human rights, and Sri Lanka’s
international standing, and is a necessary precondition for national reconciliation and
sustainable peace.
I. The Incompatibility of the PTA and PSO with International Law and Sri
Lanka’s Commitments:
Sri Lanka is a state party to numerous core international human rights treaties,
including the International Covenant on Civil and Political Rights (ICCPR) and the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT). These conventions establish clear obligations regarding due
process, the prohibition of arbitrary detention, the right to a fair trial, and the absolute
prohibition of torture.
The continued application of the PTA and PSO stands in stark contradiction to these
international commitments. As extensively documented by United Nations human
rights mechanisms, including multiple Special Rapporteurs, the UN High
Commissioner for Human Rights, and the UN Working Group on Arbitrary Detention,
the PTA:
Lacks a definition of terrorism consistent with international norms, leading to
its broad and arbitrary application against ethnic and religious minorities,
human rights defenders, and political dissidents.
Permits prolonged detention without charge or judicial oversight (up to 12-18
months under detention orders issued by the Minister of Defence), violating
the right to liberty and security of person, and creating conditions conducive to
torture and enforced disappearances.
Allows for the admissibility of confessions made to police officers, a provision
that has been repeatedly shown to incentivize torture to extract such
confessions, contravening the CAT and fundamental principles of fair trial.
Fails to provide adequate safeguards for due process and fair trial
guarantees, including timely access to legal counsel and the ability to
challenge the legality of detention effectively.
The UN Human Rights Committee and various treaty bodies have consistently called
for the PTA’s repeal or significant amendment to bring it into line with international
standards. Proposed amendments to date have been deemed insufficient by UN
experts and human rights organizations, failing to address the core abusive
provisions of the Act.
II. The PTA and PSO: Instruments of Abuse and Redundant Powers in the Face
of Existing Legal Frameworks
The Prevention of Terrorism Act (PTA) and the Public Security Ordinance (PSO) are
not only incompatible with Sri Lanka’s constitutional and international obligations, but
their continued retention is rendered unjustifiable by the comprehensive array of
existing legislation already available to address national security concerns. The
preference exhibited by law enforcement and state authorities for utilizing the PTA
and PSO stems not from a lack of alternative legal avenues, but precisely from the
broad, unchecked powers and the lack of accountability mechanisms embedded
within these draconian laws. This "free hand," as it were, facilitates numerous human
rights violations with little to no consequence for officials who commit such abuses.
As astutely pointed out by Supreme Court Justice Yasantha Kodagoda PC, Sri
Lanka possesses a significant arsenal of national security legislation. Beyond the
Constitution itself (including Article 157) and Chapter 6 of the Penal Code, this
framework includes:
Specific Counter-Terrorism Convention Acts: The Convention on the
Suppression of Terrorist Financing Act, the Suppression of Terrorist Bombings
Act, the Prevention of Hostage Taking Act, Offences Against Aircraft Act,
Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, Suppression of Unlawful Acts against the Safety of Maritime
Navigation Act, and the Prevention and the Suppression of Crimes against
Internationally Protected Persons Act. These acts directly implement Sri
Lanka's obligations under international counter-terrorism conventions.
General Security and Procedural Laws: The Police Ordinance, the Army,
Navy, and Airforce Acts can be mobilized to protect national security.
Furthermore, the Computer Crimes Act and the Financial Transactions
The Reporting Act offers tools for judicial responses to national security threats.
The Code of Criminal Procedure Act: This foundational legislation provides
the necessary framework for launching criminal investigations, initiating legal
proceedings, and prosecuting individuals responsible for attacks on national
Security.
The existence of this extensive legal machinery underscores a critical point: the PTA
and PSO are largely superfluous for legitimately combating terrorism or protecting
national security within a rule of law framework. Their persistence, therefore, points
to an intent to operate outside the checks and balances inherent in ordinary criminal
law and specific, rights-compliant statutes. This prioritisation of repressive tools over
established legal processes is a hallmark of the institutionalised impunity that this
appeal seeks to dismantle. The state’s preference for the PTA, despite these
alternatives, confirms its utility as a tool for suppression and human rights violations,
rather than a necessary instrument for public safety. The repeal of the PTA and PSO
is thus not a call to disarm the state in the face of genuine threats, but to ensure that
the state confronts such threats lawfully, accountably, and in a manner that upholds
the fundamental rights of all its citizens.
III. State-Orchestrated Violence, Impunity, and the Perversion of Counter-
Terrorism:
While Sri Lanka, like all nations, has an obligation to counter terrorism, as affirmed
by UN Security Council Resolutions (e.g., 1373 (2001)), these measures must be
implemented in strict compliance with international human rights law. The tragic irony
in Sri Lanka is that the PTA and PSO have often been instrumentalised not to
counter genuine threats of terrorism effectively, but to perpetuate state-sanctioned
violence and shield perpetrators within the state apparatus from accountability.
The historical record, spanning decades, reveals a disturbing pattern where these
laws have facilitated:
Systematic human rights violations: Including extrajudicial killings,
enforced disappearances, torture, and arbitrary detentions, disproportionately
targeting minority communities and dissenting voices.
A culture of impunity: The Attorney General’s Department, historically
aligned with state interests, has a demonstrable record of failing to prosecute
state actors implicated in grave human rights violations, even in cases
involving mass killings. This systemic failure has emboldened perpetrators
and eroded public trust in the justice system.
Radicalisation and Conflict: Rather than resolving conflict, the oppressive
application of these laws has often fueled grievances, deepened societal
divisions, and contributed to cycles of violence and radicalisation. The state
response to dissent and perceived threats has, at times, constituted a form of
state-orchestrated terror, far removed from legitimate counter-terrorism efforts.
IV. An Urgent Call to Action:
We urge the Government of Sri Lanka to demonstrate its commitment to human
rights, the rule of law, and the future of its nation by:
1. Immediately repealing the Prevention of Terrorism Act (PTA) and the
Public Security Ordinance (PSO) in their entirety, without introducing
any replacement legislation that replicates their abusive provisions or
fails to comply with international human rights standards.
2. Ensuring that any future legislation intended to address security of
people is formulated through a transparent and consultative process,
involving civil society, legal experts, and victim communities, and
strictly adheres to international human rights law and best practices, as
outlined by UN experts.
3. Taking concrete and immediate steps to dismantle the structures of
impunity, including the Attorney General's Department to act
independently and impartially in all cases of human rights violations,
including those allegedly committed by state actors.
4. Committing to a comprehensive and victim-centric transitional justice
process, including credible investigations, prosecutions, reparations,
and institutional reforms, to address past atrocities and prevent their
Recurrence.
5. Engaging constructively with UN human rights mechanisms and
implementing their recommendations in good faith.
The people of Sri Lanka, across all communities, have endured immeasurable
suffering due to decades of conflict and repressive governance. The repeal of the
PTA and PSO is an indispensable step towards healing the nation's wounds,
restoring faith in its institutions, and building a future based on justice, equality, and
respect for human dignity for all.
Conclusion: A Call for Inclusive Reform and Continued Dialogue
We welcome the National People’s Power (NPP) government’s initiative to seek
inputs for the repeal of the Prevention of Terrorism Act (PTA), a crucial step toward
fulfilling its electoral mandate and restoring public trust. Recognizing the absence of
formal consultation with victim communities and civil society, we have facilitated the
contributions of patriots, human rights defenders, and well-wishers to ensure their
voices are heard in this historic process. We remain committed to engaging
constructively and stand ready to provide further submissions as the repeal process
Advances.
We appreciate your government’s openness to dialogue and look forward to your
correspondence, reaffirming our shared commitment to justice, accountability, and a
future where Sri Lanka’s laws uphold the dignity and rights of all its citizens.
We stand in solidarity with all those in Sri Lanka working towards a just and peaceful
future and offer our support to efforts aimed at achieving these vital reforms.
Yours Sincerely,
M. Fauzar
Co-ordinator
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