Mahalingam Mayuran
Student, Intermediate year, Sri Lanka Law college
Jeyabalasingam Nishanthan
Student, Intermediate year, Sri Lanka Law college
The PTA was enacted as a temporary provision in 1979 in Sri Lanka, even though it still exists as a valid law with some amendments. There are several criticisms of this Act especially the violation of human rights, and non-compliance with the constitution, other domestic laws and international standards. There is a great deal of pressure domestically and internationally to repeal this draconian Act. The Sri Lankan government attempted to change this Act in 2018 through the ‘Counter-Terrorism Bill’ and in 2023 through the ‘Anti-Terrorism Bill’. This research consists of five sections; Defining terrorism, Freedom of expression, opinion, association and religion, Arbitrary detention and deprivation of liberty; Prevention of torture; Due process, fair trials; judicial oversight; and access to legal counsel. It will subject the positives and negatives of the Anti-Terrorism Bill to comparative analysis. Sri Lanka has adopted several international conventions and treaties. This paper’s research question is, do the abovementioned Bills comply with national and international standards? Simultaneously this research looks at the limitations in following international standards with regards to anti-terrorism legislation. It is structured based on decided cases, journals, research articles and textbooks. It identifies several lacunae and finds a pathway to consistency with international standards. It also makes several recommendations to enhance the current Bill.
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