(Brussels, February 7, 2022) – The Sri Lankan government is using the discredited Prevention of Terrorism Act (PTA) to commit prolonged arbitrary detention and torture, Human Rights Watch said in a report released today. The European Union, other trading partners, and donors, should press for time-bound action to repeal the abusive law and reject the government’s vague pledges of reform.
The 59-page report, ‘“In a Legal Black Hole’: Sri Lanka’s Failure to Reform the Prevention of Terrorism Act,” documents the Gotabaya Rajapaksa administration’s misuse of the PTA against the minority Tamil and Muslim communities, and to suppress civil society groups. The administration rejected pledges by the previous government to repeal the law after it was readmitted to the EU’s Generalized Scheme of Preferences plus (GSP+), which grants Sri Lanka special tariff-free access to EU markets.
“Sri Lankan authorities continue to use the Prevention of Terrorism Act to sweep away targeted people’s basic rights, reneging on past government promises to repeal the law,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “EU members and other countries should reject the Rajapaksa administration’s unconvincing promises to reform the PTA and press for the law’s prompt repeal.”
This report is based on Human Rights Watch research on the Prevention of Terrorism Act carried out since 2018, interviews conducted between January and December 2021, and a review of newly available court documents. Human Rights Watch wrote to the attorney general of Sri Lanka and to the Human Rights Commission of Sri Lanka, and received a response from the commission which is included in the report.
The PTA allows the authorities to arrest people without warrants for unspecified “unlawful activities,” and to detain suspects for up to 18 months without producing them before a court. This denies suspects’ basic due process rights and removes safeguards that would help protect them from abuse, effectively creating a legal black hole, Human Rights Watch said.
Between 1983 and 2009, during the civil war between the government and the separatist Liberation Tigers of Tamil Eelam (LTTE), the authorities used the law primarily against suspected members or supporters of the LTTE or other armed groups. Since the deadly 2019 Easter Sunday bombings by a little-known Islamist militant group that targeted churches and hotels, the authorities have used the law to arbitrarily detain hundreds of Muslims. In the past three years the authorities have arrested over 600 people under the PTA, according to Human Rights Commission of Sri Lanka data.
Many suspects have been held for years awaiting trial. Statistics indicate that most are tortured in custody, and convictions frequently rely on confessions obtained under torture.
Hejaaz Hizbullah, a prominent Muslim lawyer, was arrested under the act in April 2020, accused of aiding the Easter Sunday suicide bombers. While the initial allegations were dropped, the police made new allegations under the act of causing “communal disharmony.” Students alleged that police coerced them to testify that Hizbullah incited violence at a school. He remained in custody at the time of writing.
Ahnaf Jazeem, a 26-year-old Muslim poet, was arrested under the act on May 26, 2020, and accused of promoting “religious extremism” in a 2017 book of Tamil verse. Jazeem testified in a July 2021 Supreme Court affidavit that police interrogators threatened “to hang him from the roof and beat him, or threaten[ed] to subject him to similar treatment as the other detainees whom [he] was forced to witness being tortured.” After 18 months in PTA custody, Jazeem was released on bail in December.
The Rajapaksa administration has used the PTA to detain or intimidate the families of victims of past abuses, human rights activists and lawyers, and journalists. “When we talk to the families of the disappeared, they say they can be arrested at any time,” said an activist working with the Tamil community. “Police are arresting people for posting pictures on Facebook. They can arrest you for anything.”
The EU had removed Sri Lanka from GSP+ in 2010 amid rights violations at the end of the civil war, but readmitted the country in 2017 after the then-government renewed commitments to adopt and implement 27 human rights and other international conventions, and in particular to repeal the PTA. This followed a consensus resolution of the United Nations Human Rights Council in 2015, in which Sri Lanka agreed to ensure accountability and reparations for war crimes, to investigate enforced disappearances, and to repeal this law. Most of these pledges have yet to be fulfilled.
In June 2021, the European Parliament adopted a resolution calling on the European Commission to “push for advancement on Sri Lanka’s human rights obligations and demand the repeal or replacement of the PTA” when assessing Sri Lanka’s eligibility for GSP+ status. A review is currently underway, and is expected to be completed later this year.
The Rajapaksa government has since early 2021 renewed pledges to review provisions of the act, but no substantive proposals have been put forward. Instead, the government introduced an ordinance in 2021 that would make the law even more abusive. Any proposed changes to the Code of Criminal Procedure would further undermine human rights protections.
Before enacting any counterterrorism law, the Sri Lankan government should conduct meaningful and inclusive consultations with civil society groups and adopt the “necessary prerequisites” set out in December 2021 by seven United Nations human rights experts for meeting Sri Lanka’s international human rights obligations, Human Rights Watch said.
The UN experts noted that the PTA contradicts Sri Lanka’s obligations under several international human rights conventions. Sri Lanka’s participation in GSP+ includes a commitment to implement these conventions.
“The Rajapaksa administration’s abusive actions have proved louder than its vague promises of reform,” Ganguly said. “The EU, United States, and United Kingdom should hold the Sri Lankan government to its international obligations and push for meaningful action to protect human rights.”
‘“In a Legal Black Hole’: Sri Lanka’s Failure to Reform the Prevention of Terrorism Act is available at”:
https://www.hrw.org/node/381029/
For more on Abuses under Sri Lanka’s Prevention of Terrorism Act, please visit:
https://www.hrw.org/report/2018/01/29/locked-without-evidence/abuses-under-sri-lankas-prevention-terrorism-act
For more Human Rights Watch reporting on Sri Lanka, please visit:
https://www.hrw.org/asia/sri-lanka
Sri Lanka: Grave Abuses Under Discredited Law – European Union Should Press for Repeal of Prevention of Terrorism Act
Bust of Nobel Laureate Gurudev Rabindranath unveiled at Sri Palee Campus of the University of Colombo
To commemorate the 100th year of arrival of Nobel Laureate Gurudev Rabindranath Tagore to Sri Lanka, the University of Colombo in collaboration with the High Commission of India, Colombo, organized a special ceremony to unveil the bust of Gurudev Rabindranath Tagore at the Sri Palee Campus of the University on 03rd February 2022. The Chief Guest, Hon. Prof. G. L. Peiris, Minister of Foreign Affairs of Sri Lanka, along with the Guests of Honour Shri Gopal Baglay, High Commissioner of India to Sri Lanka and Hon. Vidura Wickremanayaka, State Minister of National Heritage, Performing Arts, and Rural Promotions, unveiled and garlanded the bust of Gurudev Rabindranath Tagore in the presence of Prof. Chandrika N. Wijeyaratne, Vice-Chancellor, University of Colombo, and distinguished officers, staff and students of the university. This bronze bust of Tagore has been gifted by Indian Council for Cultural Relations (ICCR), Ministry of External Affairs, Government of India.
2. During the unveiling ceremony, Hon. Prof. G. L. Peiris highlighted that Sri Lanka had a special place in the heart of Gurudev Rabindranath Tagore, who visited Sri Lanka three times in 1922, 1928, and 1934. The third visit of Gurudev Rabindranath Tagore is remembered for the foundation of “Sri Palee.” He recalled that the invitation for this visit was extended to Tagore by his granduncle, Mr. Wlimot A. Perera, who was a leading entrepreneur and social reformer. Mr. Wlimot A. Perera had earlier visited Visva Bharati at Santiniketan in West Bengal, India and was so impressed by the works and thoughts of Gurudev as well as the values of the institution that he resolved to establish a similar institution in Sri Lanka. On his invitation, the Gurudev visited Sri Lanka and laid the foundation of the new institution on 20th May, 1934. He proposed that the new institution should be named as “Sri Palee.”
3. The High Commissioner of India, Gopal Baglay recalled Tagore’s love for Sri Lanka, which inspired him in many ways. High Commissioner quoted one of Tagore’s speeches in 1934 during his visit to Sri Lanka, wherein he said: “The spirit of India once visited Lanka…As a poet, it is my mission to restore that ancient association of mind through my efforts that speak through a direct language of art.” High Commissioner expressed his appreciation to the University of Colombo for honouring the legacy of Tagore by accepting the gift of the statue of Gurudev Rabindranath Tagore and installing it at the very same institution whose foundation stone was laid by him.
4. Prof. Chandrika N. Wijeyaratne, Vice-Chancellor, University of Colombo and Dr. Prathibha Mahanamahewa, Rector of the Sri Palee Campus of the University of Colombo also highlighted the close cultural ties between “twins” India and Sri Lanka and thanked the Government of India and the High Commission of India in Sri Lanka for extending their support to the University as well as to students of Sri Lanka by offering them scholarships for higher studies in India.
5. During the event, the students of the University of Colombo presented special cultural performances, which were based on Rabindra Sangeet, Hindi music, as well as select dance forms of India and Sri Lanka, showcasing the strong and deep cultural bonds between the two countries. The performances were deeply appreciated and were also webcast via social media.
6. It may be recalled that Gurudev Rabindranath Tagore founded Visva Bharati in 1921 as a great seat of learning and centre of art. Pioneers of Sinhala ballet, Premakumara Epitawala and Deshamanya Chitrasena, studied at Santiniketan in the early 1940’s. Similarly, many Sri Lankan musicians, such as Edwin Samaradiwakara, Surya Shankar Molligoda, Ananda Samarakoon, Sunil Shanta, Lionel Edirisinghe and W.B. Makuloluwa, and painters, such as Somabandhu and Ananada Samarakoon (who was also a musician) studied at Santiniketan. Even today, a large number of artists and scholars all over the world, including in Sri Lanka, take inspiration from the legacy of Gurudev. Tagore’s Gitanjali has been also translated many times into Sinhala. This highlights the deep respect that people of Sri Lanka have for Gurudev Tagore. To rekindle this bond, this year, special events are being organized to commemorate the 100th year of arrival of Nobel Laureate Gurudev Rabindranath Tagore to Sri Lanka. The High Commission of India has recently institutionalised a Gold Medal in the name of Gurudev Rabindranath Tagore to recognise the highest academic record holder at the University of Colombo’s Sri Palee Campus.
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Colombo
6th February, 2022
Mattala Airport operational and filled with tourists signing economic revival
Tourist arrivals in Sri Lanka have grown since the Covid restrictions and indicate possible revival in tourism industry.
Tourist numbers are becoming more and more steady and the airports are seen with arrivals on a daily basis.
The Mattala Rajapaksa International Airport, Hambantota revealed growing numbers of tourists arriving in the island, in captions recently taken.
Commenting, Governor of the Central Bank of Sri Lanka (CBSL) Ajith Nivard Cabraal stated that Sri Lanka should strive to reach at least 125,000 tourists a month, and expressed his pleasure to see the once defunct-airport operational.
MIAP
President instructs to prioritise renewable energy
The Parliamentary Group of the Ruling Party has held a meeting at Temple Trees under the patronage of President Gotabaya Rajapaksa this (07) morning.
The discussion focused on the current situation in the country as well as the manner in which Parliament will convene next week.
The President has instructed the group to pay more attention on the renewable energy sources of the country as a solution to the power crisis.
Finance Minister Basil Rajapaksa has briefed the group at length on the measures that should be taken to soar export earnings.
The meeting was participated by Prime Minister Mahinda Rajapaksa, Finance Minister Basi Rajapaksa, Cabinet Ministers, State Ministers, Ruling Party MPs and government officials.
MIAP
Assault at Ragama Medical Faculty: 09 suspects granted bail
Nine suspects arrested in alleged connection with the assault at the Dormitory of the Faculty of Medicine, Ragama have been granted bail today (07), as per the order of the Wattala Magistrate Court.
Among the suspects was the son of Ruling Party MP Arundika Fernando.
MIAP
SJB MP confesses Good Governance Regime sheltered offenders (VIDEO)
Samagi Jana Balawegaya (SJB) Secretary General MP Ranjith Madduma Bandara speaking to a briefing held in the Opposition Leader’s Office today (07) confessed that the Good Governance Regime that came to power on the pledge of penalising offenders had given ‘licences’ to them instead, and that as a result they continue to commit offenses.
Revealing that there was a minister in the Good Governance Regime who had pledged that the Rajapaksas will never be prosecuted as long as he lived, the SJB MP noted that the same person, who is a Ruling Party MP today, is disappointed with the government and lays low.
Under the circumstances, the Good Governance Regime failed to penalise those offenders, he added.
Indo-Sri Lankan Foreign Ministers meet in Delhi
Sri Lanka’s Foreign Minister Prof. G.L. Peiris who is on a two-day official tour to India has met his Indian Counterpart S. Jaishankar in New Delhi.
India’s Foreign Minister Jaishankar in a tweet stated that the two discussed about economic and investment opportunities, energy security and fisheries issues.
The two have also discussed about tourism promotion between the two states.
MIAP
Construction of 9800 bridges stalled amid cement mafia
A mafia is being set up by business figures involved in the import and sale of cement, revealed the National Construction Association. This group of business figures has created an artificial shortage of cement in the market, according to Association Chairman Susantha Liyanarachchi.
The construction of 10,000 bridges in challenged areas initiated by the government has been stalled amid this artificially created shortage, he pointed out, adding that construction on 200 bridges was completed last year and another 9.800 bridges are under construction.
The cement mafia has risen the price of cement and caused a severe shortage of stocks in the market, catering negatively to the construction affairs, he pointed out.
Although the price of imported cement was designated to be Rs. 1,575, there are no bags in the market that can be purchased at that price, Liyanarachchi further revealed. These prices are unbearable in view of continuing the construction affairs, he added.
MIAP
Politicians never oppressed by strikes. Strikers too crave political privileges (VIDEO)
Strike actions carried out by health workers never collapsed governments, nor oppressed politicians in the absence of medicines, but the general public is subjugated to full oppression amidst such actions, said Chairman of the Government Medical Officers’ Forum (GMOF) Dr. Rukshan Bellana, denouncing the recent strike action carried out by the health professionals before media today (07).
“This has turned into fashion. We saw some time back that trade union leaders of the Health Sector were of the ambition to go to Parliament, or to being granted political appointments. They believe that they will be able to collect titles by backing a certain political stream, making that political party and its followers happy and destabilising the country by their trade union leadership,” he said.
Dr. Bellana added that politicians of both the Ruling Party and the Opposition, therefore, should be thinking about this matter properly and deciding whether they should stand with the trade unions or the general public.
Information on 45 Ministers and MPs who failed to pay water bills reach Cabinet’s Desk
Information to the Cabinet on 45 Ministers and Members of Parliament who have not paid their water bills
In the people’s failure of paying their water bills, the Water Supply and Drainage Board is facing severe difficulties, disclosed Water Supply and Drainage Minister Vasudewa Nanayakkara. These groups included former and current ministers and MPs as well, he added.
The Minister further disclosed that information on 45 ministers and MPs who failed to pay their water bills have reached the Cabinet’s desk and that necessary legal actions will be taken against them.
MIAP