HRCSL’s call for abolishing PTA wholly unacceptable – Manohara

Bar Council will respond following consultations

By Shamindra Ferdinando

Top constitutional lawyer Manohara de Silva, PC says the Human Rights Commission of Sri Lanka has absolutely no right to interfere in national security matters.

The lawyer said so when The Island sough his opinion on the HRCSL’s call for abolition of the Prevention of Terrorism Act (PTA). Manohara, who is also a member of the nine -member team engaged in drafting the new Constitution said: “That’s not their business. If there is any clause which is against any UN convention on human rights, including the UN declaration of HR, the HRCSL can point them out. Enacting legislation is a sovereign right of the people of Sri Lanka. Not only that we have a right to enact legislation against terrorism, it is our duty to do so to free the world of terrorism,” he said.

Referring to the HRCSL call to include provisions against terrorism in the Penal Code, the PC emphasized that the outfit had been obviously influenced by those who couldn’t stomach Sri Lanka’s triumph over LTTE terrorism.

Manohara pointed out that the HRCSL issued the recent controversial statements after meetings with Colombo based diplomats over a period of three days. Haven’t they at least examined tough security laws in operation in Asia and other parts of the world? the President’s Counsel asked.

BASL President Saliya Pieris, PC told The Island that they would make their position known once the Bar Council discussed the matter.

The five-member HRCSL recently called for the repeal of the PTA. In a statement issued under the hand of retired Supreme Court Justice Rohini Marasinghe, the Chairperson of the outfit, stated:

“Notwithstanding the amendments already suggested by the government, the HRCSL advocates the complete abolition of the PTA.

The Commission believes that the offence of terrorism should be included in the Penal Code with a new definition for terrorism. 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. The Commission advocates that terrorism should be investigated under the General Law of the country with necessary amendments. The Commission also supports that it is not required to exclude the application of the Evidence Ordinance for the offence of terrorism. The indefinite period of detention violates the Constitution. “Deprivation of liberty of a person pending investigation or trial shall not constitute punishment” (Art 13 (4)

Amendments to the Penal Code, the Code of Criminal Procedure Code. Judicature Act and the Bail Act require modifications for this purpose.”