Reforming Counter-Terrorism Law in Sri Lanka: A Rights-Based Legislative Approach to Replace the PTA
Abstract
The Prevention of Terrorism Act (PTA) of 1979, initially enacted as an emergency legislation, has long been criticized for widespread human rights violations in Sri Lanka. Despite amendments, the Act continues to permit extended detention without judicial oversight, vague definitions of terrorism, and practices that facilitate torture and arbitrary arrest. This paper explores the shortcomings of the PTA and its 2022 amendment, drawing from international standards, case studies, and comparative legislation. It argues for a comprehensive anti-terrorism law that ensures a balance between national security and the protection of fundamental rights, with judicial accountability, time-bound detention procedures, strict rules on evidence admissibility, and protection against torture. The paper also proposes a precise and inclusive legal definition of terrorism while calling for separate legislation to address emerging threats such as cyberterrorism. The recommendations aim to replace the PTA with a constitutionally sound, rights-based framework aligned with Sri Lanka’s international obligations.
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R M F Shahla
MHR, LLB (Hons), Attorney-at-Law
Rafeek Mohamed Fathima Shahla is an Attorney-at-Law and human rights specialist with extensive experience in the Sri Lankan legal landscape. Holding a Master’s degree in Human Rights, she blends her courtroom perspective with dedicated academic writing to provide deep, nuanced analysis of contemporary legal issues. Shahla is driven by a dual mission: to simplify complex legal frameworks for the public and to continuously refine her own expertise through the art of writing. Her work bridges the gap between high-level policy and the human stories behind the law.