The Bill, published in a Gazette Supplement dated September 18 and released on September 22, states that it aims to protect Sri Lanka’s national security and the public from terrorist acts committed within or outside the country, prevent Sri Lankan territory from being used to prepare terrorist activities abroad, and provide for the identification, arrest, detention, investigation, prosecution and punishment of persons involved in terrorism-related offences.
Under the proposed law, the provisions would apply to offences committed by Sri Lankan citizens both within and outside Sri Lanka, as well as acts committed against Sri Lankan citizens, diplomatic missions and State-owned property overseas.
The Bill defines terrorism as the intentional or knowing commission of acts for the purpose of provoking a state of terror among the public or compelling a government or international organisation to act or refrain from acting in order to advance a political or ideological objective.
Such acts include causing death, grievous injury, hostage-taking, serious damage to public infrastructure, major environmental harm, cyberattacks on critical systems and conduct covered under international anti-terrorism treaties.
A person convicted of terrorism resulting in death could face life imprisonment, while other terrorism-related offences may attract prison terms of up to 20 years and fines of up to Rs. 20 million.
The proposed legislation also criminalises attempts, conspiracies and preparations to commit acts of terrorism. Individuals found guilty of involvement in proscribed organisations through recruitment, funding, training, logistical support or participation in activities could face imprisonment of up to 15 years and fines of up to Rs. 15 million.
The Bill further criminalises harbouring terrorism suspects, assisting offenders, withholding information relating to terrorism offences and disseminating terrorist publications or material intended to encourage terrorism.
At the same time, the draft law includes provisions aimed at safeguarding fundamental freedoms. It explicitly states that participation in protests, strikes, trade union action, advocacy, dissent and humanitarian activities would not, by themselves, amount to terrorism offences.
The Bill also provides protections for journalism, academic and scientific research, civil society activities, legal representation, artistic expression, satire, political criticism and the peaceful expression of opinions or dissent, provided such activities do not intentionally incite terrorism.
The legislation contains detailed provisions governing arrests, searches and investigations. Suspects must be informed of the reasons for their arrest and their right to legal representation, while notice of arrest must be provided to next of kin and the Human Rights Commission of Sri Lanka.
Under the Bill, a suspect generally must be produced before a magistrate within 48 hours of arrest. However, detention orders may be issued by the Secretary to the relevant ministry upon application by the Inspector General of Police or an authorised Deputy Inspector General where further detention is considered necessary for investigations.
Each detention order may remain in force for up to two months at a time, while the aggregate detention period cannot exceed one year from the date of the initial detention order. Any extension beyond the initial two-month period would require High Court approval.
The Bill also proposes the establishment of an Independent Review Committee comprising a retired Supreme Court or Court of Appeal judge and two other members with expertise in law, human rights, public administration or national security. The committee would review detention orders and make recommendations on whether they should be upheld, amended or revoked.
Several oversight mechanisms have also been included. Magistrates would be required to periodically review detainees’ welfare, while approved places of detention would be subject to inspections by magistrates and authorised officers of the Human Rights Commission. The Bill also contains provisions requiring medical examinations where torture or cruel, inhuman or degrading treatment is suspected.
In addition, suspects held under the proposed law would have access to lawyers, relatives and other visitors, subject to conditions imposed by law, while investigations are required to be completed without unnecessary delay.
If enacted, the Protection of the State from Terrorism Act would replace the long-standing PTA and establish a new counter-terrorism legal framework governing offences, investigations, detention procedures, judicial oversight and protections for suspects.
Gazette : https://lakbimanews.lk/Protection-of-the-State-from-Terrorism-Gazette.pdf
