• Step in implementing UNHRC resolution 46/1
• PTA was  introduced in 1979 mainly during the wartime to deal with the LTTE suspects

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.