UN Pushes Sri Lanka to Narrow Terrorism Definitions and Expand Protections

COLOMBO (News 1st); The United Nations Office of the High Commissioner for Human Rights (OHCHR) has presented a series of recommendations to the Sri Lankan Government regarding the proposed Protection of the State from Terrorism Act (PSTA), urging substantial revisions to strengthen human rights protections and ensure compliance with international legal standards.

In its executive observations, the OHCHR called for a narrower and clearer definition of terrorism and related offences, warning that broadly framed provisions could result in ordinary criminal conduct, speech, peaceful assembly, association, and other fundamental freedoms being interpreted as terrorism-related activities. The organisation stressed that terrorism offences should be limited to serious acts of violence committed with a terrorist purpose, including acts causing death, serious injury, or hostage-taking.

Among its key recommendations, the OHCHR urged that all arrests and detentions be subject to prompt, independent, and effective judicial oversight. It stated that judges should have the authority to review detention orders, grant bail where appropriate, and order the release of individuals, regardless of whether arrests are carried out by the Police, Armed Forces, or Coast Guard. The organisation further cautioned against detention decisions being imposed solely through executive authority without meaningful judicial scrutiny.

The OHCHR also called for stronger safeguards against torture, ill-treatment, arbitrary detention, and enforced disappearances. Recommendations included ensuring confidential and timely access to legal representation, independent medical examinations, communication with family members, and oversight by the Human Rights Commission of Sri Lanka. The organisation stressed the importance of maintaining detention records and ensuring accountability when procedural safeguards are violated.

On due process and fair trial rights, the UN rights body emphasized that all accused persons should be presumed innocent until proven guilty and should be provided with adequate opportunities to defend themselves. It also recommended access to interpretation services where necessary and said evidence obtained through torture, threats, unlawful detention, or serious procedural violations should not be admissible in court proceedings.

The OHCHR further recommended that judicial warrants become the standard requirement for searches, entry into premises, and seizures of property, except in narrowly defined emergency situations that would remain subject to prompt judicial review. It also proposed additional safeguards, including written justifications and supervisory review for exceptional actions.

The report stressed the need to maintain the primacy of civilian policing, stating that the involvement of military personnel or the Coast Guard in arrests, searches, questioning, or detention should remain exceptional and clearly limited. It further recommended that military personnel exercising policing functions be subject to civilian oversight and accountability mechanisms.

The OHCHR also called for the establishment of effective independent oversight, accountability, and remedies. It said independent institutions should be empowered to examine the use of powers granted under the legislation, identify abuses, and ensure accountability for violations. Members of the public should also have practical avenues to challenge unlawful detention, seek investigations, and obtain remedies, including compensation where appropriate.

In addition, the organisation recommended narrowing immunity provisions to ensure officials are not shielded from legal responsibility simply by claiming they acted in good faith or within the scope of their duties. The report stressed that investigations, prosecutions, and compensation claims relating to unlawful arrests, torture, enforced disappearances, neglect, or other serious rights violations should not be obstructed by immunity clauses.

Finally, the OHCHR urged the Government to conduct a meaningful public consultation process before proceeding further with the legislation. It said affected communities, civil society organisations, legal experts, independent institutions, and the wider public should be given a genuine opportunity to review and comment on the proposed law before it is enacted.