Certain ATA provisions violate fundamental rights

Anti Terrorism Bill: Certain provisions in the bill violate Fundamental Rights - BASL

by Staff Writer 26-04-2023 | 7:21 PM

COLOMBO (News 1st); The Bar Association of Sri Lanka noted that its committee appointed to review the Anti Terrorism Bill is of the view that certain provisions stipulated in the bill violate the Fundamental Rights mentioned in the constitution.

The Bar Association of Sri Lanka (BASL) appointed a special committee consisting of senior legal experts to review the Anti-Terrorism Bill, gazetted on the 22nd of March 2023. 

The said committee has observed that certain provisions, inter alia, clauses 3,4,10,11,13,14,15,16,28,30,31,36,82,83,84,85, and 86 of the bill infringe upon the principles of the criminal justice system and are in contravention of the legal rights of the citizens. 

Further, it is the view of the Committee that the provisions stipulated in the said bill violate the fundamental rights enumerated under chapter III of the constitution of Sri Lanka, especially in light of article 14 of the constitution (i.e. freedom of speech, assembly, association, occupation, movement, etc). 

In view of the recommendations of the committee, the BASL will be making representations to the Ministry of Justice, and all other stakeholders, requesting that amendments be made to the bill, in compliance with the law.

Further, in order to protect the rights of the citizens, in the event the bill is placed in the order paper before parliament, in the current form, BASL will be taking steps in law to challenge the bill in the appropriate forum.