HRCSL head repeats call for abolition of PTA

By Shamindra Ferdinando

Retired Supreme Court Justice Rohini Marasinghe, who is currently the Chairperson of the Human Rights Council, yesterday (23) reiterated that her outfit strongly believed that the Prevention of Terrorism Act (PTA) should be repealed forthwith.

Justice Marasinghe emphasised that there was absolutely no change in their position on the PTA, and that been communicated to the relevant parties.

HRC Chairperson said so when The Island sought her response to Parliament approving the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill with a majority of 51 votes on Tuesday (22).

Declaring that the HRC could only make recommendations, Justice Marasinghe said that notwithstanding the decision of the Parliament they still advocated the abolition of the PTA.

The HRC consists of Justice Marasinghe, Ven. Kalupahana Piyarathana Thera, Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara and Ms Anusuya Shanmuganathan.

Following consultations with a section of the Colombo-based diplomatic community, the HRC declared before the vote on the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill that the outfit believed that the offense of terrorism should be included in the Penal Code with a new definition for terrorism. The HRC stated: “It is explicitly for those who threaten or use violence unlawfully to target the civilian population by spreading fear thereof to further a political-ideological or religious cause. We advocate that terrorism should be investigated under the General Law of the country with necessary amendments. We also support that it is not required to exclude the application of the Evidence Ordinance for the offense of terrorism. The indefinite period of detention violates the Constitution.”

Justice Marasinghe acknowledged that the Tamil National Alliance (TNA) that had been campaigning for the repealing of the PTA voted against the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill. Altogether 86 lawmakers voted for the Bill whereas 35 voted against it.

Diplomatic sources told The Island that the long standing demand for far reaching amendments to the PTA / abolition of the security law had been discussed since the conclusion of the conflict in May 2009 though consensus couldn’t be reached. Efforts to address the contentious issue during the yahapalana administration, too, didn’t materialize, sources said, adding that a consensus was required on the matter.

Sources pointed out that the PTA came up yesterday during talks between the US and Sri Lanka Partnership Dialogue in Colombo. According to a joint statement issued following the talks, the United States has acknowledged progress in reconciliation and human rights fields, including efforts to reform the PTA, the release of long-term PTA detainees, the justice reform agenda, and engagement with civil society representatives. The United States, according to the statement has encouraged Sri Lanka to continue making progress on its commitments to reconciliation and human rights.