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Uphold rule of law, refrain from using PTA: C’wealth Lawyers Association urges Govt
View(s):The Commonwealth Lawyers Association has urged the government of Sri Lanka to uphold the Rule of Law in the use of the Prevention of Terrorism Act of 1979 (PTA) and refrain from relying on the PTA to restrict or negate the exercise of fundamental rights, vouchsafed in the Constitution of Sri Lanka.
Issuing a statement the Commonwealth Lawyers Association said that they were closely monitoring the unfolding crisis in Sri Lanka and the rule of law issues that have arisen including the use of the PTA to detain peaceful anti-government protestors.
“Adhere to the Harare Declaration 1991 regarding the commitment of Commonwealth nations to protect the liberty of individuals under the law. Comply with obligations under international law, including as signatory to the International Covenant on Civil and Political Rights,” in the statement they mentioned.
They noted the pivotal role of the Bar Association of Sri Lanka (BASL) in promoting the rule of law, and the efforts to protect fundamental rights under the Constitution of Sri Lanka.
“We are pleased to support the BASL and stand in solidarity with the BASL, as it admirably performs its functions as an independent bar association that acts without fear or favour in upholding the rule of law,” they said.
The BASL, in its recent statement issued on August 23, has expressed concerns over the use of PTA by the government of Sri Lanka. The PTA has been invoked, and administrative detention orders (of up to 90 days) have been made against persons involved in protests against the government on April 9.
The public protest was in respect of the reported mismanagement of the economy and corruption. The BASL has taken the view that the PTA has been misused to stifle the legitimate exercise of the constitutional freedoms of speech and expression, peaceful assembly, and association, the statement added further.
They further noted that the PTA is intended to deal with the threat of terrorism and it should not be used beyond its envisaged remit.
“The ambiguity in the definition of terrorism in the PTA has, among others, permitted this abuse. It is noteworthy that the Supreme Court of Sri Lanka has repeatedly struck down the misuse of the PTA. It would nevertheless appear that the abuse of the PTA has continued unabated, under the guise of combatting terrorism,” the statement mentioned.
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