The Government has gazetted the proposed Protection of the State from Terrorism Bill, introducing a new counter-terrorism framework intended to replace Sri Lanka's longstanding Prevention of Terrorism Act.
The proposed legislation would repeal the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979, commonly known as the PTA.
The Bill has been published in the Gazette and must proceed through the legislative process before it can become law.
### Proposed terrorism framework
The draft sets out offences relating to terrorism and establishes procedures covering the detection, identification, arrest, detention, investigation, prosecution and punishment of people suspected or convicted of terrorism-related offences.
The proposed framework covers conduct including certain acts intended to intimidate the public, compel a government or international organisation, cause death or serious injury, take hostages, damage critical infrastructure or engage in certain serious cyber-related attacks where the other elements of the proposed offence are met.
The precise legal effect will depend on the final legislation enacted by Parliament.
### Production before a magistrate
Under the proposed framework, a person arrested under the legislation would generally have to be produced before a magistrate within 48 hours.
The Bill nevertheless provides for detention orders where further detention is considered necessary for investigations.
Such an order may be sought through the mechanism specified in the Bill involving the Inspector General of Police or an authorised Deputy Inspector General and the Secretary to the relevant ministry.
### Detention periods
A detention order may initially operate for up to two months.
The Bill provides for further detention subject to its specified procedures, with aggregate detention not exceeding one year from the date of the initial detention order.
Extensions beyond the initial two-month period would require High Court involvement under the proposed framework.
### Independent Review Committee
The Bill proposes an Independent Review Committee to review detention orders.
The proposed committee would include a retired Supreme Court or Court of Appeal judge together with two other members possessing specified expertise in areas such as law, human rights, public administration or national security.
It would be able to review detention orders and make recommendations concerning whether they should continue, be modified or be revoked.
### Other safeguards
The proposed legislation includes mechanisms for judicial and other oversight of detention.
These include provisions concerning:
- periodic review of detainees' welfare;
- inspection of approved detention facilities;
- Human Rights Commission access under the proposed framework;
- medical examination where torture or cruel, inhuman or degrading treatment is suspected;
- access to lawyers, relatives and other visitors subject to lawful conditions.
### Protest, journalism and dissent
The draft also contains provisions relevant to distinguishing terrorism from legitimate civic and political activity.
Peaceful protest, strikes, trade-union activity, advocacy, dissent, journalism, research, satire and political criticism do not by themselves constitute terrorism merely because they involve those forms of activity, subject to the actual provisions and incitement-related requirements contained in the Bill.
The exact scope of these protections and offences should be assessed from the final enacted text rather than political descriptions of the legislation.
### Bill is not yet law
Gazette publication does not mean the proposed legislation has already replaced the PTA.
The Bill must proceed through the parliamentary and constitutional process before becoming law.
Any amendments made during that process could change the final legal framework.
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