28 January 2022 09:28 am Views - 311
By Kelum Bandara
Ahead of the UNHRC (United Nations Human Rights Council) session in March, the government has worked a piece of legislation amending the Prevention of Terrorism Act.
The new bill titled ‘Prevention of Terrorism (Temporary Provisions) (Amendment) Bill’ has been announced in the gazette notification ahead of its presentation in Parliament for debate and enactment later.
The UNHRC resolution 46/1 requests the Sri Lankan government to review the Prevention of Terrorism Act, and to ensure that any legislation on combating terrorism complies fully with the State’s international human rights and humanitarian law obligations. Sri Lanka has continuously come under pressure from the section of the international community that supported this resolution to take action in this regard. Besides, European Parliament, in its resolution, adopted the same, calls upon the same.
The UN High Commissioner for Human Rights is expected to make an update on Sri Lanka’s progress on the implementation of his resolution during the March session.
According to the provisions of the bill, the detention of any person has to be communicated to the Human Rights Commission of Sri Lanka in terms of section 28 of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996. The persons authorised by the Human Rights Commission should be allowed to visit the place of detention.
It envisages that every Magistrate who has received a certified copy of a detention Order is duty bound to visit the place of detention at least once in every month during the period to ensure that the suspect is protected to the extent provided for in the Convention Against Torture and other Cruel, Inhumane or degrading Treatment or Punishment Act, No.22 of 1994.
A magistrate who visits such a place personally sees the suspect, and look into his well-being, welfare and conditions under which he is kept at such place of detention. He should record his observations and any complaint the suspect may make.
If a suspect has been subjected to torture, the magistrate concerned should direct him to be produced before a Judicial Medical Officer.
The Prevention of Terrorism Act, commonly known as PTA, was introduced in 1979. It was invoked mainly during the wartime to deal with the LTTE suspects.