constitutionality of the Bill can be challenged in SC

Additional Solicitor General (ASG) Nerin Pulle has said that the report of the Presidential Commission of Inquiry (P CoI) on the 2019 Easter Sunday carnage has been taken into consideration when the Anti-Terrorism Bill was drafted. Addressing the Colombo-based diplomatic corps at the Foreign Ministry recently, the ASG explained the salient features of the draft Bill. According to him, observations made by the Bar Association of Sri Lanka (BASL) and the international community, too, had been taken into consideration in developing the framework.

The ASG said the new draft sought to ensure protection of Fundamental Rights and would not provide for the death penalty. The judicial oversight would be ensured throughout detention of persons taken into custody in terms of the new security law, a senior Foreign Ministry official said. “The draft Bill will be subject to approval of the Cabinet and subsequent procedures as per the Constitution,” the official added.

Foreign Minister Ali Sabry, PC, and Justice Minister Dr. Wijeyadasa Rajapakshe, PC, explained the measures taken by the government to produce the best possible law to replace the Prevention of Terrorism Act (PTA).

State Minister of Justice Anuradha Jayarathna, Foreign Secretary Aruni Wijewardane and Secretary Ministry of Justice, Prison Affairs and Constitutional Reforms Wasantha Perera were present at the briefing.

At the outset, Minister Sabry recalled that the Prevention of Terrorism Act (PTA) had been amended in 2022 following extensive deliberations with all relevant stakeholders, including the civil society, taking into consideration the constructive comments and concerns expressed by domestic and international stakeholders.

Minister Sabry outlined the steps taken by the government to ensure that the draft anti-terrorism legislation addresses national security requirements while upholding international standards and best practices. He highlighted the transparent and open consultative process that was followed in evolving the latest draft, including the consideration of views expressed by the public, civil society and international partners. The Minister informed that, following discussions on the suggested amendments, the Bill would be presented to the Cabinet for approval, and that once re-gazetted, any person could petition to the Supreme Court with regard to the constitutionality of the Bill.

Minister Rajapakshe briefed the participants on the initiative taken by the Ministry of Justice to actively reach out to the public to receive further views, pursuant to the decision of the Cabinet. He said that concerns relating to the admissibility of confessions, detentions orders and the definition of terrorism were considered during the deliberations. The Minister explained as to how these concerns have been addressed in the draft legal framework.