PTA amendment represents improvement - GL

COLOMBO (News 1st); Sri Lankan Minister of Foreign Affairs Professor G.L. Peiris said the recent amendments to the Prevention of Terrorism Act represent a very substantial improvement of the existing law.

"The government position in Geneva is that the international community must objectively assess the enormous progress that has been made during the last few months, he told reporters on Monday (31).

"For everything, there must be a beginning. And then you move forward incrementally in stages. And we can show convincingly to any dispassionate person, any objective person that the amendments that have been gazetted represent a very substantial improvement of the existing law," said the Foreign Minister.

The Centre for Policy Alternatives says that the proposed amendments to the Prevention of Terrorism Act follow a minimalist approach, introducing only basic reforms which are insufficient to address ground realities.

CPA says many of the aspects which require urgent reform have not been addressed in the Bill.

CPA in a statement said, "The proposed amendment to the PTA appears to be more a token effort to address international pressure rather than a genuine and effective exercise to address ground realities and the abuses and violations brought about by the PTA."

Among other key concerns, CPA says the period of 72 hours after arrest and before production before a magistrate has not been amended.

According to CPA, this is a loophole in the PTA that facilitates the torture of those arrested under the PTA while in custody.

CPA also says the lack of judicial oversight during investigations has not been addressed by the amendments.

The statement reads the definition of the acts which fall within the offense of terrorism is of a broad and vague nature and has allowed the PTA to be used even in instances where its use is not warranted.

Access to an attorney-at-law is already provided for by law and the amending provision does not ensure the protection of the right to representation of the accused.

There is no provision in the PTA for information to be provided at the time of arrest on the cause of arrest and the rights of the suspect.

Section 6 of the PTA gives extensive powers of search and seizure. The implementation of these measures relating to search and seizure should be professional and transparent and subject to oversight and judicial scrutiny. The amendment fails to address this.