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“In a Legal Black Hole”
Sri Lanka’s Failure to Reform the Prevention of Terrorism Act

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ISBN: 978-1-62313-963-6
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FEBRUARY 2022 ISBN: 978-1-62313-963-6
“In a Legal Black Hole”

Sri Lanka’s Failure to Reform the Prevention of Terrorism Act
Summary ............................................................................................................................... 1
Sri Lanka’s Abusive Counterterrorism Law ............................................................................... 4
Targeting Minorities ............................................................................................................... 5
Ongoing Violations Under the Prevention of Terrorism Act ........................................................ 7
International Efforts on Rights Protection ................................................................................ 9
Methodology....................................................................................................................... 13
I. Repealing the PTA: Decades of Delay ............................................................................... 14

Criticism of the PTA .............................................................................................................. 16
Abusive Provisions ............................................................................................................... 17
Attempts at Reform .............................................................................................................. 20
International Calls to Reform the PTA .................................................................................... 23
United Nations .............................................................................................................. 23
United Kingdom ............................................................................................................. 25
European Union ............................................................................................................. 26
United States ................................................................................................................ 28
Amendments to Sri Lanka’s Prevention of Terrorism Act ......................................................... 28
II. Ongoing PTA Abuses ...................................................................................................... 38

Cases Related to the 2019 Easter Sunday Bombings .............................................................. 39
Hejaaz Hizbullah ........................................................................................................... 42
Ahnaf Jazeem ................................................................................................................ 43
Rishad and Riyad Bathiudeen ......................................................................................... 45
Recent Arrests of Tamils under the PTA.................................................................................. 45
Use of Counterterrorism Authority to Suppress Civil Society ................................................... 48
Targeting Activist Groups ............................................................................................... 49
Prolonged Arbitrary Detention and Unfair Trials ..................................................................... 51
Recommendations ..............................................................................................................53
To the Government of Sri Lanka ............................................................................................ 53
To the Human Rights Commission of Sri Lanka ...................................................................... 55
To International Trading Partners, Donors, and the United Nations ......................................... 56
Acknowledgments .............................................................................................................. 59
Appendix 1: Human Rights Watch Letters to the Human Rights Commission of Sri Lanka, the
Attorney General of Sri Lanka, and the United Nations Office on Drugs and Crime ........... 60
Appendix 2: Responses from the Human Rights Commission of Sri Lanka and the United
Nations Office on Drugs and Crime .................................................................................... 69
Appendix 3: Unofficial English translations of Sinhala documents included in the response

to Human Rights Watch from the Human Rights Commission of Sri Lanka ......................... 84
Summary
Sri Lanka’s Prevention of Terrorism Act (PTA) has been used for over 40 years to enable
prolonged arbitrary detention, to extract false confessions through torture, and to target
minority communities and civil society groups. After years of domestic and international
criticism of the law, the Sri Lankan government of President Gotabaya Rajapaksa on
January 27, 2022, published a bill to amend the act. However, the proposed amendments
leave the most often abused provisions of the law intact, and if enacted, will do little to
bring the PTA into compliance with Sri Lanka’s international human rights obligations.
The proposed amendments would not have prevented the abuses suffered by Ahnaf
Jazeem, a 26-year-old Muslim poet, who was arrested under the PTA on May 26, 2020,
because broadly drawn speech related offences remain unchanged. He was accused
without basis of promoting “religious extremism” in a 2017 book of Tamil verse. In a
newspaper interview after he was released on bail following nearly two years in detention,
Jazeem said that the police Terrorism Investigation Division “kept me handcuffed and
isolated for 14 days. They forced me during this time to deliver a confession.” He said they
threatened to keep him in prison “for 15 or 20 years” and to arrest the woman he was
arranged to marry. “That is how they threatened a confession out of me.”
If the amendments are adopted, the PTA would still not meet any of the five “necessary
prerequisites” described by seven United Nations special rapporteurs in December 2021 to
comply with international human rights standards.
The PTA was enacted in 1979 as a temporary measure when it was presented in parliament,
debated, and enacted all in one day. It allows the authorities to carry out arrests without
warrant for unspecified “unlawful activities,” and permits detention for up to 18 months
without producing the suspect before a court. Many suspects have been held on remand
for years awaiting trial. Statistics indicate that most are tortured in custody, and
convictions frequently rely on confessions obtained under torture. “During this 18-month
period you are at the mercy of whichever security agency is detaining you,” a defense
lawyer in numerous PTA cases told Human Rights Watch.
1 HUMAN RIGHTS WATCH | FEBRUARY 2022

Since Gotabaya Rajapaksa won the presidential election in November 2019, his
administration has used the PTA to target perceived political opponents and members of
the minority Tamil and Muslim communities. Meanwhile, the authorities have threatened
the victims of past human rights violations, human rights activists and lawyers,
journalists, and members of civil society groups under the guise of countering terrorism. As
a human rights activist working with the Tamil community based in the north of Sri Lanka
said: “They are using PTA to create fear among activists. When we talk to the families of the
disappeared, they say they can be arrested at any time. Police are arresting people for
posting pictures on Facebook. They can arrest you for anything.”
The Rajapaksa government has rejected pledges by the previous administration of

Maithripala Sirisena to repeal the law. Instead, it has used the PTA to target religious and
ethnic minorities, fuelling concerns the government aims to further institutionalize Sinhala
Buddhist nationalism in keeping with President Rajapaksa’s ethnically divisive campaign
rhetoric. He has also promised to strengthen the country’s abusive intelligence agencies
and protect military commanders he calls “war heroes” from war crimes prosecutions.
In January 2021 the Rajapaksa government pledged to review abusive provisions of the
PTA, which is a key condition of Sri Lanka’s tariff-free trading access to the European
Union. The Prevention of Terrorism (Temporary Provisions) Act of 1979 Amendment Bill (the
“Amendment Bill”), published in January 2022, includes revisions that could reduce some
abuses under the law, such as shortening, from 18 to 12 months, the period a suspect can
be held without judicial oversight. But this still violates the prohibition against arbitrary
detention.
The Amendment Bill does not provide a definition of terrorism, as called for by United
Nations experts to help prevent the PTA’s widespread misuse. The bill does not alter the
sweeping powers the law gives to authorities to charge people with speech-related
offenses: authorities can still arrest anyone deemed to be causing or intending to cause
“racial or communal disharmony or feelings of ill will or hostility between different
communities or racial or religious groups.” This is the provision used to detain the poet
Ahnaf Jazeem and a prominent lawyer called Hejaaz Hizbullah.
Crucially, the Amendment Bill does not change the status of confessions given to the
police as evidence in PTA cases. While such evidence is inadmissible under other Sri
“IN A LEGAL BLACK HOLE” 2

Lankan laws, it is admissible under the PTA. This has led the police to routinely use torture
and other ill-treatment to extract confessions from PTA prisoners. Furthermore, the bill
does not remove the authority from officials to move and keep a suspect in “any place for
the purpose of interrogation,” which has repeatedly been used to facilitate torture and
increases the risk of enforced disappearance.
Other proposed amendments merely replicate existing provisions of Sri Lankan law that
have done little to date to prevent abuses, such as mandating magistrates to make
monthly visits to places of detention to check whether prisoners are being tortured. The
Human Rights Commission of Sri Lanka told Human Rights Watch it had informed the
Supreme Court chief justice that magistrates had made no visits to Criminal Investigation
Department and Terrorism Investigation Division detention centres. The Amendment Bill
would also add a requirement to notify the Human Rights Commission of PTA arrests – a
requirement that already exists but that the police often ignore.
Meanwhile, President Rajapaksa in 2021 introduced regulations that would make the PTA
even more abusive of rights, by enabling up to two years detention without trial for
“rehabilitation.” Additionally, proposed changes to the Code of Criminal Procedure
weaken requirements for in-person court attendance by defendants, a key safeguard
against mistreatment in custody including torture and denying adequate access to legal
counsel, mirroring provisions of the PTA that enable rights violations.
This report provides a critical assessment of the PTA and information on its recent use by
the Rajapaksa administration. It demonstrates that despite promises to international
partners that the law would be reformed, proposed amendments would leave the abusive
framework of the PTA largely intact. The administration appears committed to using the
PTA to further policy goals that undermine the rights of Tamils, Muslims and other
minorities and civil society groups and the media on the pretext of countering terrorism.
The Rajapaksa administration’s actions have proved louder than its misleading reform
proposals. Friends of Sri Lanka—including the European Union, United States, and United
Kingdom, as well as the United Nations—should hold the Sri Lankan government to its
commitments and withdraw their support from the country’s counterterrorism apparatus
until there are concrete, time-bound steps to end abuses and to repeal the PTA. The EU
should insist that Sri Lanka meet its human rights commitments, in exchange for which it

receives tariff-free access to European markets, by requiring immediate and genuine action
to revoke the PTA and ensure any new counterterrorism legislation meets international
human rights standards.
Before enacting any counterterrorism law, the government should conduct meaningful and
inclusive consultations with civil society groups and adopt the December 2021
benchmarks from seven UN human rights experts that they consider to be “necessary
prerequisites” for meeting Sri Lanka’s international human rights obligations. The
“statutory safeguards” that the government, in its response, said exist and are used for
protecting the rights of PTA detainees, have in practice been repeatedly bypassed by
security agencies.
Sri Lanka’s Abusive Counterterrorism Law

Between 1983 and 2009, when Sri Lanka was wracked by a brutal civil war between the
government and the separatist Liberation Tigers of Tamil Eelam (LTTE), the authorities
primarily used the Prevention of Terrorism Act against those accused of involvement with
the LTTE or other militant groups, thus mostly ethnic Tamils.
Twelve years since the end of the war, the government is still targeting Tamils but also
using the PTA against Muslims, particularly since 2019, when Islamist militants carried out
the deadly, coordinated Easter Sunday bombings on churches and hotels, killing over
260 people.
The PTA denies fundamental due process rights and removes safeguards that would help
protect detainees from abuse, creating what is effectively a legal black hole.
Scores of people have remained in prison for years, even decades, awaiting trial on terrorism
charges, or following convictions based on confessions extracted using torture. A lawyer
described a case in which Barmasiri Chandraiyer Ragupathi Sharma, a Tamil Hindu priest,
arrested in February 2000 for suspected involvement in an LTTE attack, was held pre-trial
under the PTA until 2015, when he was convicted and sentenced to 300 years in prison,
based on a confession he says was obtained through repeated torture and recorded in a
language he could not understand. A 2002 medico-legal report confirms that the injuries,

burns, and scars sustained on his body are consistent with the torture he reported. His
appeal has been pending since 2015.
A 2020 report by the constitutionally mandated Human Rights Commission of Sri Lanka
(HRCSL) found that, as of September 2018, at least 29 PTA prisoners had spent 5 to 10
years on remand (pretrial detention), and 11 had spent 10 to 15 years on remand. The
commission said the longest period a person had been in remand before trial was then 15
years. The longest period a trial had been ongoing was 16 years. The study also found that
about 84 percent of PTA prisoners are tortured after their arrest, and over 90 percent of
those were forced to sign a document in a language, Sinhala, they could not understand.
Very often, PTA prisoners are denied proper access to legal representation
.
In September 2021, the Committee for Protecting Rights of Prisoners, a Sri Lankan human
rights organization, wrote to the UN high commissioner for human rights, Michelle
Bachelet, listing 11 PTA suspects they said had been in detention for 12 to 14 years, and
were facing trials that have so far lasted between seven and nine years without reaching
a verdict.
Targeting Minorities
Gotabaya Rajapaksa was the defense secretary in the government led by his brother,
President Mahinda Rajapaksa, between 2005 and 2015, during and after the final phase of
the civil war. He had direct responsibility for the conduct of government security forces that
committed war crimes including indiscriminate attacks, summary executions, and rape.
The scale of the abuses against ethnic Tamils was particularly great during the final
months of the war in 2009, and its immediate aftermath. The government did not
acknowledge these crimes or seek to hold those responsible to account, but instead
embarked upon a triumphalist campaign that treated the defeat of the LTTE as a victory for
majority Sinhala Buddhist political dominance.
After the electoral defeat of Mahinda Rajapaksa, President Sirisena’s government from
2015-2019 undertook a number of police investigations into human rights violations
committed in Colombo and elsewhere, that revealed evidence of official responsibility for
killings and enforced disappearances. In 2015, the Sirisena administration agreed to a
landmark consensus resolution at the UN Human Rights Council to promote truth, justice,

and reparations, and take steps to protect rights including by repealing the PTA. The
government also committed to numerous human rights reforms and to repeal the PTA as
part of its negotiations to restore a preferential trading arrangement called the General
Scheme of Preferences Plus (GSP+) with the European Union in 2017.
In line with the resolution, the government drafted a new Counter-Terrorism Act (CTA) to
replace the PTA, but it was never adopted. The Easter Sunday bombings in 2019 brought
renewed use of the PTA, as hundreds of Muslims were arrested, often without any
evidence. Some were released in the ensuing weeks and months, but about 300 remain in
custody without trial.
The Rajapaksa family’s new political party, the Sri Lanka Podujana Peramuna (SLPP),
campaigned in the wake of the Easter Sunday bombings on a platform of enhancing public
security, as well as reversing any steps towards accountability which it portrayed as
penalizing “war heroes.” The SLPP’s 2019 presidential election campaign had the backing
of ultra-nationalist Sinhala Buddhist groups including clergy who incited hostility against
Muslim minorities.
After winning the presidency in 2019, Gotabaya Rajapaksa promptly derailed important
investigations into rights violations, disavowed the 2015 Human Rights Council resolution,
and pardoned one of the very few soldiers ever convicted of serious abuses. One of the
first acts of his administration, in January 2020, was to abandon attempts to draft
alternative counterterrorism legislation that had been made by the previous government,
and proclaim support for the PTA. “The PTA is back in the statute book, empowering the
police and armed forces to face any threat posed to national security from any quarter,”
the cabinet spokesperson, Minister Bandula Gunawardana, announced.
In a speech on November 18, 2020, President Rajapaksa invoked nationalist fears “that
the Sinhala race, our religion, national resources and the heritage would be threatened
with destruction in the face of various local and foreign forces and ideologies that support
separatism, extremism and terrorism.” Such rhetoric has been repeatedly used by the
president and members of his government to stigmatize and justify discrimination
against minorities.

On February 25, 2021, the Sri Lankan government published a list proscribing several
“terrorist organizations” and naming several hundred individuals as alleged “terrorists,”
including many rights activists in the Tamil diaspora. The list also included several
diaspora groups engaged in advocacy at the Human Rights Council in support of
international accountability for violations committed in Sri Lanka. The list “created a lot of
fear,” said a northern-based activist, who pointed out that many mothers of victims of
enforced disappearance have received funds from the designated diaspora groups to
support their campaign. Also, among those listed were some who are already under PTA
detention, such as Dr. Sinnaiya Sivaruban, a Tamil judicial medical officer in Kilinochchi
who had served as a medical witness in human rights cases and whom the police
Terrorism Investigation Division arrested on August 18, 2019.
On March 9, 2021, President Rajapaksa introduced the Prevention of Terrorism (de-

radicalization from holding violent extremist religious ideology) Regulations No. 1 of 2021,
which is attached to the PTA and seeks to expand its powers. The regulation broadly allows
the authorities to detain and “rehabilitate” anyone who “by words either spoken or
intended to be read or by signs or by visible representations” causes the commission of
violence or “religious, racial or communal disharmony or feelings of ill will or hostility
between different communities or racial or religious groups.” Instead of being tried, the
suspect faces detention in a “reintegration center” for up to one year, on the
recommendation of the attorney general. The defense minister, currently President
Rajapaksa, is empowered to extend the detention for a second year. At the time of writing
the implementation of the order is suspended while the Supreme Court considers
fundamental rights petitions against it.
Ongoing Violations Under the Prevention of Terrorism Act

As Sri Lanka’s human rights situation has deteriorated under Gotabaya Rajapaksa, the
shrinking of civil society space and weakening of independent institutions has made it
harder for lawyers and activists to track abuses under the PTA. In 2020 the Rajapaksa-
dominated parliament passed an amendment to the constitution that eliminates key
checks on presidential power, including by putting the president in control of
appointments of senior judges and members of previously independent institutions such
as the Human Rights Commission of Sri Lanka.

Human rights defenders told Human Rights Watch that they hear frequent reports of arrests
under the PTA but are no longer able to verify them for reasons including the Human Rights
Commission’s loss of independence. “Now there is no verification,” one activist said. At
the beginning of July, another activist in the north said that they had received information
about numerous cases but, unlike before, they were unable to confirm them. “Things have
changed,” the activist said. “We can’t talk to the police about it. They usually don’t give
any information on why they are arresting someone or where they are going to be
taken to.”
In previously undisclosed information provided to Human Rights Watch on January 7, 2022,

the Human Rights Commission of Sri Lanka said it recorded 109 arrests under the PTA
in 2021.
Hejaaz Hizbullah, a prominent Muslim lawyer, was arrested under the PTA in April 2020
and his lawyers told Human Rights Watch he has repeatedly been denied access to them
for extended periods. He was initially accused of aiding one of the Easter Sunday suicide
bombers who belonged to a wealthy trading family. Hizbullah’s lawyers said that his
relationship was that of a legal counsel in the family’s business affairs. While the initial
allegations were dropped, the police filed new cases accusing Hizbullah of causing
“communal disharmony.” Some students alleged that they were forced to testify that
Hizbullah incited violence at a school event hosted by a group called Save the Pearls.
Police subsequently arrested at least five other men connected to Hizbullah, including
staff at the organization and teachers at a school called Arabic College. The lawyers said
that some of these men allege that they were tortured, and others that they were
threatened and pressured to give false testimony against Hizbullah. They were denied
access to lawyers for long periods. All remain in custody under the PTA.
Among other high-profile cases, Murugupillai Kokulathasan, a freelance Tamil journalist,

was arrested in the eastern city of Batticaloa on November 28, 2020, after posting on
social media about commemoration events related to the civil war. He remains in custody.
Keerthi Ratnayake, a freelance journalist, was summoned to a police station and arrested
under the PTA, on August 14, 2021. He remains in custody without charge. Ten Tamils were
arrested from a memorialization event at beach in Batticaloa on May 18, 2021, and
accused under the PTA of commemorating the LTTE. They were released on bail on

December 8, although after seven months in custody no indictment had been brought
against them.
Had the government’s proposed amendments to the PTA in January 2022 been in effect
earlier, they would neither have prevented these detentions, nor given the detainees any
legal recourse during the first year of their detention. The Amendment Bill states that a
detention order issued by the defense minister under the PTA “shall be final and shall not
be called in question in any proceedings or in any court of law,” except by a fundamental
rights petition in the Supreme Court. This is the same as under the law as it currently
exists, except that the maximum duration of detention orders would be reduced to 12 from
18 months. Under the Amendment Bill, if a prisoner is remanded in pre-trial detention
beyond the period of the detention order they would have an opportunity to apply to a
court for bail.
International Efforts on Rights Protection

UN human rights experts and the UN high commissioner for human rights, Michelle
Bachelet, have repeatedly expressed alarm over deteriorating rights in Sri Lanka, and
repeatedly highlighted the role of the PTA in sustaining abuses.
On December 9, 2021, seven UN special procedures wrote to the Sri Lankan government
noting the repeated findings by their mandates that the PTA contravenes Sri Lanka’s
obligations under international human rights law, including the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the International Convention for the
Protection of All Persons from Enforced Disappearance, and the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment. They wrote that instead
of taking remedial measures, the government is advancing “an additional set of rights
denying measures” through new regulations attached to the PTA.
The UN experts set out five benchmarks for PTA reform that are “necessary prerequisites”
to making the law compliant with international law:
• Employing definitions of terrorism consistent with international norms.
• Ensuring legal certainty, especially where it may impact rights to freedom of
expression, opinion, association, and religion or belief.

• Including provisions to prevent and halt arbitrary deprivation of liberty.
• Including provisions to prevent torture and enforced disappearance.
• Guaranteeing due process and fair trials, including judicial oversight and
access to legal counsel.
The amendments subsequently proposed by the government would not bring the PTA into
compliance with international law on any of these benchmarks.
The UN experts expressed particular concern over the threat the PTA poses to ethnic and
religious minorities, and its use to curtail political dissent, and called for an immediate
moratorium until the necessary amendments are made. In response the government noted
that amendments were then being drafted, and also said that PTA prisoners now had the
opportunity to make representations to an advisory board appointed by the president, and
provided a copy of guidance issued to police in October on evaluating whether to arrest
people under the PTA, using the example of the possession of banned images on a
mobile phone.
Faced with the prospect of the UN Human Rights Council adopting a resolution, and calls
from the European Union to meet human rights commitments linked to GSP+, the
government had announced on January 25, 2021, that it would review and amend the PTA
to bring it into compliance with its human rights obligations.
This task was given to the Presidential Commission of Inquiry for Appraisal of the Findings
of Previous Commissions and Committees, which the government had mandated to review
previous reports as a supposed alternative to the international evidence gathering process
then under discussion at the Human Rights Council. The council nevertheless adopted
resolution 46/1 on March 26, establishing a UN Sri Lanka Accountability Project to collect
evidence of past abuses, over the objections of the Sri Lankan government.
The European Parliament adopted a resolution in June that called for the withdrawal of Sri
Lanka’s trading privileges under the GSP+ scheme if it continued to fail to meet its human
rights commitments, particularly in relation to the PTA. Following the resolution, the
Rajapaksa administration repeated assurances that it was willing to amend the PTA,
without providing any details or specific commitments.

On June 21, 2021, President Rajapaksa received an interim report on PTA reform from the
presidential commission of inquiry. However, the commission’s recommendations did not
address the gravity or extent of abuses under the law, and none were adopted in full by the
president. On June 22, the justice minister, Ali Sabry, announced in parliament that the
government intended to reform the PTA, and to free prisoners in cases where “there is no
court case.” Two days later, Rajapaksa pardoned 94 prisoners, including 16 people
convicted under the PTA. However, the PTA prisoners were either nearing the end of their
sentences or had already been incarcerated for a period exceeding their sentence.
During that parliamentary debate an opposition member of parliament stated that PTA
abuses were continuing. Namal Rajapaksa, the minister for youth and sports and son of
the prime minister, said that the political opposition, by raising recent detentions, was
attempting to disrupt the government’s policy to release long-term prisoners. “There are
people who have been imprisoned for our lifetimes,” he said. “Why are you talking about
people who were only arrested yesterday?”
Ahead of the September session of the Human Rights Council, the Sri Lankan government
circulated a briefing document to foreign diplomats, claiming progress on human rights
and misleadingly stating that the government was “intensifying and expanding” a
consultation process on PTA reform, which activists and the Bar Association of Sri Lanka
denied at that time. In October, the government offered similar assurances of PTA reform to
an EU delegation assessing Sri Lanka’s compliance with its GSP+ obligations.
Even as the government sought to reassure governments about its intention to reform the
PTA, the prisons minister, Lohan Ratwatte, visited Anuradhapura prison where he made
PTA prisoners kneel and held a handgun to their heads, ordering them to “confess.” The
administration subsequently fired him as prisons minister, but he retained another
ministerial portfolio.
On November 15, Defense Secretary Gen. (retd) Kamal Gunaratne, who led forces that were
implicated in war crimes at the end of the civil war, submitted a report on PTA reform to the
president. At around the same time, the government invited a small group of civil society
figures to discuss PTA reform, but failed to include key stakeholders.

In a letter to Human Rights Watch in January 2022, the Sri Lankan Foreign Ministry stated
that under a process to release detainees “held in judicial custody for extended periods
under charges relating to the PTA… 13 more persons were discharged as of 13 January
2022.” No further details of the releases were available. In the same letter, the government
said it had conducted “extensive discussions with multiple stakeholders” on PTA reform, a
claim disputed by lawyers and human rights activists.
The Amendment Bill was ultimately published by the government on January 27, two weeks
ahead of a joint commission meeting between Sri Lanka and the EU, at which Sri Lanka’s
compliance with its human rights obligations under the GSP+ trading scheme would
be discussed.
The EU should hold Sri Lanka to its commitment to end all abuses under the PTA. The many
years of unfulfilled government promises to reform the PTA have merely provided cover for
continuing violations. The PTA should be repealed. Those currently detained under the PTA
should promptly be brought to trial on internationally recognizable charges, if there is an
evidentiary basis to do so--or they should be released, and charges dropped. Convictions
under the PTA should be reviewed and quashed if they rely on confessions made under
torture or other ill-treatment, or otherwise disregarded fundamental due process
standards. Where torture has been committed, the authorities should prosecute those
responsible, including as a matter of command responsibility. Victims of torture and
prolonged arbitrary detention should receive treatment and compensation.

Methodology
This report is based on Human Rights Watch research on the Prevention of Terrorism Act
carried out since 2018, interviews conducted between January and December 2021, and a
review of newly available court documents.
Due to travel restrictions during the Covid-19 pandemic, all interviews in 2021 were
conducted by telephone or via email. Given the security challenges, the inability to
conduct in-person interviews greatly limited our ability to include the voices of victims of
abuses and their families.
In 2021 Human Rights Watch interviewed 19 lawyers and human rights activists involved in
PTA cases in Colombo, the capital, and in Sri Lanka’s predominantly Tamil and Muslim
north and east.
We informed all interviewees of the purpose of the interview, its voluntary nature, and
provided no remuneration or other inducement. In most cases we have concealed the
identity of interviewees due to security concerns within Sri Lanka. The letters we have
chosen for initials in the pseudonyms we use bear no relation to the person’s actual name.
Interviews were conducted in English.
Human Rights Watch also reviewed recent court filings and other documentation provided
by lawyers and activists. In many instances we have not published details of individual
cases at the request of lawyers who fear retaliation against their clients.
On December 9, 2021, Human Rights Watch wrote to Sri Lanka’s attorney general, the
Human Rights Commission of Sri Lanka, and the United Nations Office on Drugs and Crime
asking for their responses to queries about the PTA and its use so that they could be
included in this report. Replies were received from the United Nations Office on Drugs and
Crime on December 21, 2021, and from the Human Rights Commission of Sri Lanka on
January 7, 2022. This correspondence is published in an appendix to the report.

I. Repealing the PTA: Decades of Delay
Sri Lanka’s Prevention of Terrorism Act (PTA), first enacted as a temporary measure in 1979,
allows arrests without warrant for unspecified “unlawful activities,” and permits detention
for up to 18 months on government issued detention orders without a court appearance, or
opportunity for bail. 1 “During this 18 month period you are at the mercy of whichever
security agency is detaining you,” a lawyer acting in PTA cases said. 2 Prisoners are then
remanded to pre-trial detention, where they can languish in jail for years awaiting trial.
During the civil war between the Sri Lankan government and the Tamil separatist group the
Liberation Tigers for Tamil Eelam (LTTE) from 1983-2009, the law was used primarily
against members of the country’s ethnic minority Tamil community. Following 2019
bombings on Easter Sunday that killed over 260 people, the use of the PTA has been
expanded to target members of the Muslim minority.
Prisoners held without trial under the PTA do not have access to legal recourse, and are at
heightened risk of torture and cruel, inhuman, or degrading treatment. A Sri Lankan lawyer
described the case of a Tamil man whom the military arrested under the PTA in 2001. While
detained, he was tortured and forced to sign confessions in Sinhala and blank sheets of
paper. His family only learned of the place where he was detained about six to seven
months after his arrest, and he says he was kept hidden during visits by an international
humanitarian agency. In 2015, after spending 13 years in remand detention, he was
1 Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979,
http://www.vertic.org/media/National%20Legislation/Sri%20Lanka/LK_Prevention_of_Terrorism_(Temp_Provisions).pdf
(accessed November 6, 2021); Locked Up Without Evidence, Abuses under Sri Lanka’s Prevention of Terrorism Act, Human
Rights Watch, January 29, 2008, https://www.hrw.org/report/2018/01/29/locked-without-evidence/abuses-under-sri-
lankas-prevention-terrorism-act (accessed November 11, 2021); “Sri Lanka: Muslims Face Threats, Attacks,” Human Rights
Watch, July 3, 2019, https://www.hrw.org/news/2019/07/03/sri-lanka-muslims-face-threats-attacks (accessed November 11,
2021); “Sri Lanka: Free Rights Activist,” Human Rights Watch and others, July 28, 2021,
https://www.hrw.org/news/2021/07/28/sri-lanka-free-rights-activist (accessed November 11, 2021); “Sri Lanka: Pardons a
Meager Response to Abusive Law,” Human Rights Watch, July 29, 2021, https://www.hrw.org/news/2021/06/29/sri-lanka-
pardons-meager-response-abusive-law (accessed November 11, 2021); “Sri Lanka: Joint Statement Calls for Immediate
Release of Poet Detained for a Year Without Charge,” Human Rights Watch and others, May 16, 2021,
https://www.hrw.org/news/2021/05/17/sri-lanka-joint-statement-calls-immediate-release-poet-detained-year-without-
charge (accessed November 11, 2021); “Sri Lanka: ‘Religious Disharmony’ Order Threatens Minorities,” Human Rights Watch,
March 16, 2021, https://www.hrw.org/news/2021/03/16/sri-lanka-religious-disharmony-order-threatens-minorities
(accessed November 11, 2021).
2 Human Rights Watch telephone interview, lawyer RR, details withheld, November 8, 2021.

sentenced to 30 years in prison for conspiracy and aiding and abetting a 1999 suicide
bombing, following a trial conducted in Sinhala, a language he could not understand. He
received no reduction in sentence for the time he had already spent in detention. His
lawyers have appealed the verdict and the appeal was first called two-and-a-half years
later, in 2017, and is ongoing.
After promising to reform the law to address concerns of international partners, particularly
as the European Union is evaluating Sri Lanka’s compliance with GSP+ requirements, the
Sri Lankan government on January 27, 2022, published a proposed Act to amend the
Prevention of Terrorism (Temporary Provisions) Act of 1979 (the “Amendment Bill”). 3
The Amendment Bill effectively acknowledges that the existing PTA violates international
human rights standards, but even if provisions of the new bill were fully implemented the
most often abused provisions of the law would remain intact.
Some of the changes, such as reducing the time that the defense minister can order a
person’s detention without judicial oversight from 18 to 12 months, and measures that may
expedite trials in cases in which charges are ultimately brought, could reduce the level of
abuses. But other proposed clauses in the bill, such as a requirement to inform the Human
Rights Commission of Sri Lanka of detentions, and monthly inspections of prisoners’
welfare, only replicate procedures that already exist under domestic law, and which have
not previously proved an effective safeguard against torture.
Most importantly, the Amendment Bill does not address the worst features of the law that
have led to arbitrary detention and torture. Confessions given to the police remain
admissible as evidence without any safeguards, suspects can be detained and
interrogated anywhere and by anyone the authorities choose, and there remains no
judicial oversight or criteria for the use of detention orders. There is still no definition of
“terrorism” under the law, and suspects can be arrested and held for up to year
without evidence.
3 “PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) (AMENDMENT) BILL to amend the Prevention of Terrorism
(Temporary Provisions) Act, No. 48 of 1979,” The Gazette of the Democratic Socialist Republic of Sri Lanka, January 27, 2022.

Human Rights Watch reiterates the call made by many human rights experts for many years
to repeal the PTA, and in the interim to impose an immediate moratorium on the use of PTA
until an acceptable law can be drafted.
Criticism of the PTA

Nongovernmental organizations in Sri Lanka and abroad, along with UN human rights
experts, have long called for the PTA to be repealed or revised to meet international due
process standards. In May 2013, the Colombo-based Centre for Policy Alternatives (CPA)
described the PTA as a law that is “wholly inconsistent with contemporary human rights
standards, and which not merely permits, but also encourages the pervasive violation of
fundamental rights otherwise protected by the Constitution of Sri Lanka.” 4 In January
2022, the CPA said that the government’s “proposed amendments follow a minimalist
approach, introducing only basic reforms which are insufficient to address
ground realities.” 5
In January 2021, a team of 11 prominent women activists issued a report on the impact of
the Easter bombings in Batticaloa, eastern Sri Lanka, describing an ongoing “pattern of
arbitrary arrests and detention… [including] many persons [who] were arrested prior to
investigation, detained on detention orders for months, and thereafter discharged” for lack
of evidence. 6 Others who had personal contact with the bombers remain in detention
without apparent evidence against them, while their families face destitution and
harassment by the security services. They include, for example, two men who bought
motorcycles from the suicide bombers when they were disposing of their possessions prior
to the attacks. The report calls for the government to “[r]epeal the PTA, and in the interim
implement an immediate moratorium on the use of the law,” adding that “[a]ny law that
purports to deal with terrorism must adhere to international human rights standards after
community consultation and expert input.”
4 “The Need to Repeal and Replace the Prevention of Terrorism Act (PTA),” Centre for Policy Alternatives, May 9, 2013,
https://www.cpalanka.org/the-need-to-repeal-and-replace-the-prevention-of-terrorism-act-pta/ (accessed November 8,

2021).
5 “Commentary on Prevention of Terrorism (Temporary Provisions) (Amendment) Bill 2022,” Centre for Police Alternatives,
January 31, 2022, https://www.cpalanka.org/commentary-on-prevention-of-terrorism-temporary-provisions-amendment-bill-

2022/ (accessed January 31, 2022).
6 Report of the Fact Finding Mission to Batticaloa to Study the Impact of the Easter Sunday Bombings, January 4, 2021,
https://www.minormatters.org/storage/app/uploads/public/61d/281/690/61d28169031b5163048128.pdf (accessed
January 5, 2022).

The UN Working Group on Enforced or Involuntary Disappearances has called for a repeal
of the PTA since 1999, 7 including in July 2016 following a visit to Sri Lanka. 8 After a country
visit in December 2017, the UN Working Group on Arbitrary Detention called for its
immediate repeal, describing it as “one of the key enablers of arbitrary detention for over
four decades.” 9
Juan Méndez, then the UN special rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, described the use of torture including sexual abuse
after his 2016 visit to Sri Lanka and called for a complete overhaul of the PTA. 10 He also
urged authorities to ensure that any replacement of the law comply with international law
and practices. A summary report by Ben Emmerson, then the special rapporteur on human
rights while countering terrorism, after his July 2017 country visit found that 80 percent of
those arrested under the PTA complained of torture or other ill-treatment following their
arrest. 11
Abusive Provisions
The preamble to the PTA states that its purpose is to prevent “unlawful activities … within
Sri Lanka or outside Sri Lanka.” 12 The effect of the PTA is to deprive people accused by the
7 Report of the Working Group on Enforced or Involuntary Disappearances, E/CN.4/2000/64, December 21, 1999,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G99/164/72/PDF/G9916472.pdf?OpenElement (accessed November 8,

2018).
8 Report of the Working Group on Enforced or Involuntary Disappearances on its mission to Sri Lanka, A/HRC/33/51/Add.2,
July 8, 2016, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G16/146/63/PDF/G1614663.pdf?OpenElement (accessed

November 18, 2021).
9 “Sri Lanka must urgently implement reforms to end arbitrary detention, UN rights experts say,” OHCHR, December 15, 2017,
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22543&LangID=E (accessed November 8, 2021).

10 Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on his mission
to Sri Lanka, A/HRC/34/54/Add.2, December 22, 2016, https://sangam.org/wp-content/uploads/2017/01/SR-Torture-report-

Dec-22-2016.pdf (accessed November 6, 2021).
11 “Human rights and counter-terrorism: UN Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism concludes visit to Sri Lanka,” OHCHR, July 14, 2017,
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21883&LangID=E (accessed November 6, 2021).
Emmerson found that methods of torture used against PTA prisoners included beatings with sticks, the use of stress
positions, asphyxiation using plastic bags drenched in kerosene, the pulling out of fingernails, the insertion of needles
beneath the fingernails, the use of various forms of water torture, the suspension of individuals for several hours by their
thumbs, and the mutilation of genitals. See also, “Sri Lanka routinely tortures security suspects amid stalled reform process,
UN expert finds,” OHCHR, July 18, 2017,
12 Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979,
http://www.vertic.org/media/National%20Legislation/Sri%20Lanka/LK_Prevention_of_Terrorism_(Temp_Provisions).pdf

government of vaguely defined “terrorist” acts of due process rights, enabling detention
without trial that can last for years or even decades, and removing protections that would
reduce the risk of torture.
A lawyer who has defended suspects in numerous PTA cases said that the authorities bring
cases and only then begin their investigation: “If they cannot find any evidence then they
record a confession. I have not seen any confession that was recorded in compliance with
procedures. My experience is that in only a few cases the confessions have been rejected
by the judges.” 13 The effect, the lawyer said, is that “prisoners know they are in a legal
black hole. They can’t see the light at the end of the tunnel. They know that they have
no future.”
This characterization is borne out by the many cases in which suspects are held,
sometimes for years, without the government indicating having any evidence against them.
A court filing of August 30, 2019, 14 informing a magistrate about the detention of 65 people
in connection with the Easter Sunday bombings, repeatedly states that a “suspect” was
identified due to a personal connection with the suicide bombers, and is being held while
their financial and telephone records and their travel history are investigated, and that
statements have been recorded from their relatives.
On July 2, 2019, the Human Rights Commission of Sri Lanka wrote to the inspector general
of police that it had received “a number of complaints alleging illegal arrests.” The
commission observed that the police were making arrests prior to conducting an
investigation, and directed the police to gather evidence before detaining a suspect (see
correspondence published in the appendix).
The most frequently abused provisions include:

• Section 2 of the act defines terrorism offenses so broadly as to include, for
example, causing or intending to cause “racial or communal disharmony or
feelings of ill‐will,” or interfering with “any board or other fixture on, upon or
adjacent to, any highway, street, road or any other public place.” It is also an
13 Human Rights Watch telephone interview, a lawyer MM, details withheld, October 5, 2021.
14 “The information to be furnished to the magistrate,” Case No. B/427/19, Batticaloa, August 30, 2021.

offense, punishable by up to seven years in prison, to be aware of an action that
appears to be in breach of the act and fail to report it.
• Section 6(1) empowers the police—without a warrant, and notwithstanding
anything in any other law to the contrary—to arrest any person; enter and search
any premises; stop and search any individual or vehicle, and to seize any
document or thing.
• Section 7(1) provides that a magistrate will remand any person in custody until the
completion of their trial, if requested by the police. There is no provision for bail,
unless approved by the attorney general.
• Section 7(3) empowers the police to take “any person” arrested under the act “to
any place for the purposes of interrogation.” This provision has frequently been
used to facilitate torture.
• Section 9(1) provides that if the defense minister suspects “any person is
connected with or concerned in any unlawful activity,” he can order them detained
for up to 18 months.
• Section 10 states that “[a]n order made under section 9 shall be final and shall not
be called in question in any court or tribunal by way of writ or otherwise.”
• Section 15(a) gives discretion to the secretary of defense to order that a PTA
suspect “be kept in the custody of any authority, in such place and subject to such
conditions as may be determined by him having regard to such interests [of
national security or public order].” The provision does not set out any criteria for
making this determination, and the decision is not subject to judicial oversight.
• Section 16 reverses the burden of proof, stating that “any statement” made by the
accused in any circumstances, and recorded in any manner, is admissible as
evidence and “[t]he burden of proving … [it] is irrelevant … shall be on the person
asserting it to be irrelevant.” This, along with other provisions of the act, has
contributed to convictions based on confessions obtained under torture.
• Section 17 states that provisions of the Evidence Ordinance, which make
confessions given to a police officer inadmissible, do not apply in PTA cases. 15
• Section 26 grants immunity to officials for “for any act or thing in good faith done or
purported to be done in pursuance or supposed pursuance of any order made or
15 Evidence Ordinance, sections 25, 26 and 30, Ministry of Justice Lawnet, https://www.lawnet.gov.lk/evidence-ordinance/
(accessed November 7, 2021)

direction given under this Act,” giving broad cover to security forces to engage in
torture, arbitrary arrest, and other abuses.
• According to section 28, “The provisions of this Act shall have effect
notwithstanding anything contained in any other written law and accordingly in the
event of any conflict or inconsistency between the provisions of this Act and such
other written law, the provisions of this Act shall prevail.”
Attempts at Reform
Maithripala Sirisena defeated incumbent Mahinda Rajapaksa in the August 2015
presidential election. In October, the Sirisena administration agreed to a consensus
resolution at the UN Human Rights Council. 16 The resolution committed the government to
ensure accountability for conflict-related abuses by enacting several transitional justice
mechanisms. Along with other human rights commitments under the resolution, the
government pledged to “review and repeal” the PTA “and to replace it with anti-terrorism
legislation in accordance with contemporary international best practices.” However,
despite drafting alternative counterterrorism legislation, which despite some
improvements contained provisions incompatible with human rights standards, the PTA
remained in place and abuses continued.
Several drafts of a new counterterrorism law were floated during Sirisena’s presidency, but
none complied with international human rights standards, and none were adopted. In May
2017, the cabinet approved a draft Counter Terrorism Act (CTA), intended to replace the
PTA. Although the bill provided some potential safeguards against abuses, it fell far short
of the government’s pledges to the Human Rights Council and the European Union to end
abusive detention without charge. 17 Among his concerns with the draft law, Emmerson, the
then special rapporteur on human rights while countering terrorism, noted that its broad
definition of terrorism “poses a real risk that the legislation could be used in
16 “Promoting reconciliation, accountability and human rights in Sri Lanka”, A/HRC/RES/30/1, October 1, 2015,
https://undocs.org/en/A/HRC/RES/30/1 (accessed November 18, 2021).

17 Locked Up Without Evidence: Abuses Under Sri Lanka’s Prevention of Terrorism Act, Human Rights Watch, January 2018,
https://www.hrw.org/sites/default/files/report_pdf/srilanka0118_web_0.pdf (accessed November 7, 2021). According to a

leaked draft of the CTA, police and military officers would still be empowered make arrests without a warrant. Suspects could
be detained without charge for 12 months, and bail would only to be granted only for exceptional reasons.

circumstances very far removed from acts of real terrorism, or against minorities or human
rights defenders in a discriminatory and sectarian manner.” 18
In June 2016, the Human Rights Commission of Sri Lanka made recommendations to
ensure that any replacement legislation adhered to international human rights
standards. 19 That month, the president adopted directives issued by the Sri Lankan Human
Rights Commission that were intended to protect PTA detainees until the law was repealed.
The directives reasserted the commission’s mandate to be promptly informed of all PTA
arrests, to access any person arrested or detained under the PTA, and to access any place
of detention at any time. For over three years this led to some increased transparency in
the application of the act.
However, the adoption of the 20th amendment to the constitution in 2020 empowered the
president to appoint the commissioners to the Human Rights Commission, which the
Rajapaksa government used to undermine the commission’s independence. Human rights
activists and lawyers told Human Rights Watch that they were no longer able to engage
with the commission on PTA arrests, and the commission no longer effectively tracked PTA
detentions. 20 Four human rights activists, three of whom are based in the north or east of
Sri Lanka, said that while they were previously able to verify PTA arrests with the Human
Rights Commission, they are no longer able to do so. A lawyer involved with PTA cases said
of the current commission, “they are not very open, not very transparent.” 21
18 “Human rights and counter-terrorism: UN Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism concludes visit to Sri Lanka,” OHCHR, July 14, 2017,
19 “Arrest under PTA: HRCSL responds to President,” CeylonAnanda, June 27, 2016, http://ceylon-ananda.com/arrest-under-
pta-hrcsl-responds-to-president/ (accessed November 7, 2021). The HRCSL’s recommendations were based

recommendations by the UN Special Rapporteur on Protecting and Promoting Human Rights while Countering Terrorism. The
HRCSL recommendations included:
• The basis for a clear and specific definition of what constitutes terrorism;
• That the burden of proof to show an individual poses a threat and should be detained always lies upon the state,
“and that burden increases with the length of the detention”;
• “[R]eview by a court of such detention in a prompt and regular manner is imperative to prevent any violation of the
detainee’s rights,”
• “[E]nabling the admissibility of confessions coupled with-prolonged periods of administrative detention creates
space for torture and ill-treatment . . . Only confessions voluntarily made to a judicial officer should be admissible
in evidence.”
21 Human Rights Watch telephone interview, lawyer NN, details withheld, November 4, 2021.

Human Rights Watch wrote to the commission seeking information on its monitoring
procedures as well as data on current PTA detentions. In response the commission wrote
that it “receives information related to PTA detainees from the relevant Authorities from
time to time.” (The correspondence is published in the appendix to this report.) The
response described the commission’s “broad mandate” under the 1996 Human Rights
Commission Act to monitor PTA detainees, and cited four meetings with the police, two
each in 2020 and 2021, “regarding the status and welfare of detainees detained under the
PTA.” The commission also cited six visits to PTA detainees, three in 2019, two in 2020,
and one in 2021.
The commission said it had received eight complaints of torture against PTA detainees in
the last three years, including six received by its Jaffna regional office and two in Colombo.
The commission said that in one of these cases (from 2020) it had “taken steps to get
statements from the PTA detainees in the Remand Prison of Magazine for further
investigation.”
According to data, disclosed for the first time by the Human Rights Commission, as of
January 7, 2022, 392 people were being held on remand under the PTA and another 92
people were held on PTA detention orders. In 2021, 109 people were arrested under the
PTA. However, it is not clear how to reach consistent totals from the numbers presented in
the tables compiled by the commission (see appendix).
The commission also provided a number of supporting documents, which are published in
the appendix to this report. They include a January 2022 letter from the commission to the
inspector general of police, stating that the police do not consistently inform the
commission of PTA arrests as required by law, and a letter from the commission to the
chief justice of the Supreme Court, also from January 2022, stating that magistrates are not
fulfilling their mandate to visit places of detention.
In December 2021 the Global Alliance of National Human Rights Institutions (GANHRI)
announced that the Human Rights Commission of Sri Lanka would have its “A” status

removed in one year because it no longer meets standards of “independence
and effectiveness.” 22
International Calls to Reform the PTA

Continuing abuses by President Mahinda Rajapaksa’s government following the end of the
civil war in 2009 and the failure to address impunity for wartime atrocities led the United
Nations and a number of governments to press for reform of the PTA.
United Nations
The UN first documented abuses committed during the final months of the conflict in a
2011 report by a Panel of Experts appointed by UN Secretary-General Ban Ki-moon. 23 The
UN Human Rights Council in March 2014 called for an independent investigation by the UN
Office of the High Commissioner for Human Rights (OHCHR); its 2015 report, known as the
OISL Report, found horrific wartime abuses committed by both sides to the conflict. 24 The
Human Rights Council, in the same year, passed a landmark consensus resolution that set
out detailed steps for Sri Lanka to pursue accountability and reconciliation, as well as “to
review and repeal the Prevention of Terrorism Act,” to prevent future abuses. 25 Much of the
resolution, including PTA reform, remained unimplemented in 2020 when the Gotabaya
Rajapaksa administration repudiated these commitments. 26
In her January 2021 report to the Human Rights Council, the UN high commissioner for
human rights, Michelle Bachelet, recommended that UN member states consider imposing
22 “GANHRI Sub-Committee on Accreditation Report – October 2021”, December 2021,
https://www.ohchr.org/Documents/Countries/NHRI/GANHRI/SCA-Report-October-2021_E.pdf (accessed December 14,

2021).
23 Report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka, March 31, 2011,
https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-
CF6E4FF96FF9%7D/POC%20Rep%20on%20Account%20in%20Sri%20Lanka.pdf (accessed November 11, 2021).
24 Report of the OHCHR Investigation on Sri Lanka, A/HRC/30/CRP.2, September 16, 2015,
https://www.ohchr.org/en/hrbodies/hrc/pages/oisl.aspx (accessed November 9, 2021).

25 Promoting reconciliation, accountability and human rights in Sri Lanka, Resolution adopted by the Human Rights Council
A/HRC/RES/30/, October 1, 2015, https://documents-dds-

ny.un.org/doc/UNDOC/GEN/G15/236/38/PDF/G1523638.pdf?OpenElement (accessed November 8, 2021).
26 “Statement made by Hon. Dinesh Gunawardena, Minister of Foreign Relations at the 43rd Session of the Human Rights
Council,” Sri Lankan Foreign Ministry, February 27, 2020, https://mfa.gov.lk/statement-made-by-minister-of-foreign-

relations-at-the-43rd-session-of-the-hrc-eng/ (accessed November 7, 2021).

targeted sanctions “against State officials and other actors credibly alleged to have
committed or be responsible for grave human rights violations or abuses” in Sri Lanka. 27
In March 2021 the Human Rights Council adopted resolution 46/1, mandating the OHCHR
“to collect, consolidate, analyse and preserve information and evidence and to develop
possible strategies for future accountability processes for gross violations of human rights
or serious violations of international humanitarian law.” 28
At the 48th session of the Human Rights Council in September 2021, the Core Group on Sri
Lanka urged the government of Sri Lanka “to bring its counter-terrorism legislation in line
with its international human rights obligations.” Referring to the 2021 regulations enabling
up to two years detention for “rehabilitation”, it added, “We call on the government of Sri
Lanka to reconsider their intention to introduce a rehabilitation process under the
Prevention of Terrorism Act that lacks judicial oversight.” 29
On December 9, 2021, seven UN special rapporteurs wrote to the Sri Lankan government
noting the repeated findings by their mandates that the PTA contravenes international
human rights law, including provisions of the Universal Declaration of Human Rights and
core international human rights treaties. 30 They wrote that instead of taking “remedial
measures,” the government is advancing “an additional set of rights denying measures”
through new regulations attached to the law.
The special rapporteurs set out five “necessary prerequisites” to make the law compliant
with Sri Lanka’s international legal obligations:
1) Employ definitions of terrorism consistent with international norms.
27 “Promotion of reconciliation, accountability

and human rights in Sri Lanka,” Report of the Office of the High Commissioner
for Human Rights, A/HRC/46/20, January 27, 2021,
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26695&LangID=E (accessed January 13, 2022).
28 “Promoting reconciliation, accountability and human rights in Sri Lanka,” Resolution adopted by
the Human Rights
Council A/HRC/RES/46/1, March 23, 2021, https://undocs.org/A/HRC/RES/46/1 (accessed December 9, 2021).
29 UN Human Rights Council 48: Core Group statement on Sri Lanka, September 14, 2021,
https://www.gov.uk/government/speeches/un-human-rights-council-48-core-group-statement-on-sri-lanka (accessed
November 11, 2021). The Core Group consists of Canada, Germany, North Macedonia, Malawi, Montenegro and the UK.
30 “Communication by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism and six others LKA7/2021, December 9, 2021,

https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26863 (accessed December 14,
2021)

2) Ensure legal certainty, especially where it may impact rights to freedom of
expression, opinion, association, and religion or belief.
3) Include provisions to prevent and halt arbitrary deprivation of liberty.
4) Include provisions to prevent torture and enforced disappearance.
5) Provide due process and fair trial guarantees, including judicial oversight and
access to legal counsel.
The rapporteurs expressed particular concern at the threat the PTA poses to ethnic and
religious minorities, and its use to curtail political dissent, and called for an immediate
moratorium until the necessary amendments are made.
United Kingdom
As a member of the core group on Sri Lanka at the Human Rights Council, the UK has taken
a leading role in the adoption of successive resolutions urging respect for human rights
and accountability in Sri Lanka.
Under its Conflict, Stability and Security Fund, the UK also provides law enforcement and
military assistance to Sri Lanka. 31 A component of this program, involving police training
delivered by Police Scotland, was cancelled by Police Scotland in 2021 following criticism
that abusive Sri Lankan police units had benefitted. 32 The program also involves “targeted
non-kinetic training and high-level dialogue” in the defense sector. 33
A freedom of information application by Human Rights Watch, seeking further details of UK

security assistance to Sri Lanka and asking whether the UK provides counterterrorism
support, was rejected on national security and other grounds. 34 On January 19, 2022, the
31 “Sri Lanka Delivering Increased Stability and Reducing the Risk of a Return to Conflict programme summary 2020 to 2021,”
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1003167/Sri_Lanka_
Delivering_Increased_Stability_and_Reducing_the_Risk_of_a_Return_to_Conflict_programme_summary_2020_to_2021.odt
32 “Joint Letter on Police Scotland Training for Sri Lankan Police,” Human Rights Watch and others, August 16, 2021,
https://www.hrw.org/news/2021/08/16/joint-letter-police-scotland-training-sri-lankan-police (accessed November 18,

2021).
33 CSSF Programme Summary: SRI LANKA: DELIVERING INCREASED STABILITY AND REDUCING THE RISK OF A RETURN TO
CONFLICT, 2019-2020,
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/842484/Sri_Lanka_
Programme.odt (accessed November 18, 2021).
34 Letter from the Foreign, Commonwealth and Development Office of September 23, 2021, REQUEST REF: FOI2021/17905.

Sri Lankan Foreign Ministry issued a statement expressing “deep appreciation to the UK for
the support extended in the sphere of counter-terrorism.” 35
European Union
In 2010 the European Union withdrew Sri Lanka’s access to its trading preference scheme,
known as GSP+, which grants tariff-free access to the EU market in exchange for ratifying
and implementing 27 international agreements, including human rights conventions. 36 The
step was taken amid large-scale international humanitarian law and human rights
violations by the then administration of President Mahinda Rajapaksa.
In 2017, following overall improvements in the human rights situation and reform
measures undertaken by the Sirisena administration, the EU restored Sri Lanka’s access to
GSP+. 37 In its January 2017 report on Sri Lanka’s application to re-join the scheme, the EU
noted, “In particular, the Government has committed to replace the PTA with a new Bill on
counter-terrorism, to be presented to the Parliament in January 2017 . . . which is to be
compatible with international human rights conventions and counter-terrorism
standards.” 38
Five years later, the PTA remains in force and hundreds of people remain detained under it.
In its most recent GSP+ assessment, prior to the assessment that is currently in
preparation, the commission wrote, “The Prevention of Terrorism Act (PTA), which is
reported to facilitate detentions without charge, has not been repealed yet, despite Sri
Lanka’s commitment to do so under GSP+ and UN Human Rights Council Resolution
30/1.” 39 The European Parliament adopted a resolution in June 2021 that called for the
35 “Sri Lanka and the UK Acknowledge Multifaceted Partnership at Meeting Between Foreign Minister and British Minister for
South Asia Lord Ahmad,” Sri Lankan foreign ministry, January 19, 2022, https://srilankaembassyrome.org/2022/01/sri-
lanka-and-the-uk-acknowledge-multifaceted-partnership-at-meeting-between-foreign-minister-and-british-minister-for-
south-asia-lord-ahmad/ (accessed January 29, 2022).
36 Vikas Bajaj, “Sri Lanka Loses E.U. Trade Benefit,” The New York Times, July 6, 2010,
https://www.nytimes.com/2010/07/07/business/global/07trade.html (accessed November 7, 2021).

37 “EU grants Sri Lanka improved access to its market as incentive for reform,” European Commission, May 17, 2017,
https://trade.ec.europa.eu/doclib/press/index.cfm?id=1663 (accessed November 7, 2021).

38 Report on assessment of the application for GSP+ by Sri Lanka, European Commission, January 11, 2017,
https://trade.ec.europa.eu/doclib/docs/2017/january/tradoc_155236.pdf (accessed November 7, 2017).

39 “The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Sri
Lanka covering the period 2018 - 2019 Accompanying the document Joint Report to the European Parliament and the Coucil
Report on the Generalised Scheme of Preferences covering the period 2018-2019,” European Commission, February 10, 2020,

withdrawal of Sri Lanka’s trading privileges under the GSP+ scheme if it continued to fail to
meet its human rights commitments, particularly in relation to the PTA. 40
Meanwhile, the European Union has also provided counterterrorism support to Sri Lankan
law enforcement and security agencies by funding programs implemented by the UN Office
on Drugs and Crime (UNODC). 41 The European Parliament resolution also called upon the
European Commission to “urgently evaluate its funding” for a UN Office on Drugs and
Crime (UNODC) and INTERPOL project entitled “Support to Sri Lanka on Counter-Terrorism”
so long as “counterterrorism in Sri Lanka is in certain cases being used as a pretext on
which to persecute members of ethnic and religious groups and civil society.” 42 UNODC’s
counterterrorism programs in Sri Lanka do not appear to be in compliance with UN human
rights due diligence policy, which forbids assistance to security forces in which there is a
“real risk” of grave violations of international human rights law. 43
Human Rights Watch wrote to UNODC seeking information on its counterterrorism projects
in Sri Lanka, and its interpretation of the UN’s human rights due diligence policy. In
response the UNODC said, “Through various projects, UNODC and the rest of the United
Nations family advocate for compliance with international norms, mindful of concerns with
the Prevention of Terrorism Act (PTA)... These continued efforts, however, should not be
confused with support for non-compliant measures.… UNODC is currently phasing out the
https://op.europa.eu/en/publication-detail/-/publication/ec88a77e-5327-11ea-aece-01aa75ed71a1/language-en (accessed
November 7, 2021).
40 “The situation in Sri Lanka, in particular the arrests under the Prevention of Terrorism Act,”
European Parliament
resolution, June 10, 2021, https://www.europarl.europa.eu/doceo/document/TA-9-2021-0290_EN.html (accessed November
6, 2021).
41 EU-GMCB Partnership Report, https://www.unodc.org/documents/Maritime_crime/EU-GMCP_PARTNERSHIP_REPORT.pdf
(accessed November 18, 2021). See also “Terrorism prevention projects, Asia,” UNODC,
https://www.unodc.org/unodc/en/terrorism/projects/asia.html (accessed November 18, 2021).
42 “The situation in Sri Lanka, in particular the arrests under the Prevention of Terrorism Act,”
European Parliament
resolution, June 10, 2021, https://www.europarl.europa.eu/doceo/document/TA-9-2021-0290_EN.html (accessed November
6, 2021).
43 The policy reads (in part): “United Nations support [to non-United Nations security forces] cannot be provided where there
are substantial grounds for believing there is a real risk of the receiving entities committing grave violations of international
humanitarian, human rights or refugee law and where the relevant authorities fail to take the necessary corrective or
mitigating measures. For the same reasons, if the United Nations receives reliable information that provides substantial
grounds to believe that a recipient of United Nations support is committing grave violations of international humanitarian,
human rights or refugee law, the United Nations entity providing such support must intercede with the relevant authorities
with a view to bringing those violations to an end. If, despite such intercession, the situation persists, the United Nations
must suspend support to the offending elements.” Human rights due diligence policy on United Nations support to non-
United Nations security forces, A/67/775–S/2013/110, March 5, 2013, https://undocs.org/A/67/775 (accessed November 19,
2021).

project ‘Support to Sri Lanka on Counter-Terrorism’, with the project scheduled to be
completed by 31 January, 2022.” (The correspondence is published in the appendix to
this report.)
United States
On February 14, 2020, the United States banned the Sri Lankan chief of defense staff, Gen.
Shavendra Silva, from travel to the US “due to credible information of his involvement,
through command responsibility, in gross violations of human rights, namely extrajudicial
killings.” 44 On December 10, 2021, the United States imposed similar travel bans on two
more Sri Lankans, Chandana Hettiarachchi, a navy intelligence officer, implicated in
enforced disappearances at Trincomalee naval base, “for his involvement in gross
violations of human rights, namely, the flagrant denial of the right to liberty of at least
eight ‘Trincomalee 11’ victims, from 2008 to 2009,” and Sunil Ratnayake, a former staff
sergeant in the Sri Lanka Army, “for his involvement in gross violations of human rights,
namely the extrajudicial killings of at least eight Tamil villagers in December 2000.” 45 On
December 5, another Sri Lankan officer, Maj. Gen. (retd) Udaya Perera, was turned away
from a flight to the United States by airline staff, apparently because his visa had
been cancelled. 46
Amendments to Sri Lanka’s Prevention of Terrorism Act

After Gotabaya Rajapaksa took office in November 2019, one of the first acts of the new
administration, in January 2020, was to drop the draft CTA and proclaim support for the
PTA. “The PTA is back in the statute book, empowering the Police and Armed Forces to face
44 Public Designation, Due to Gross Violations of Human Rights, of Shavendra Silva of Sri Lanka Under Section 7031(c) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, February 14, 2021, https://2017-
2021.state.gov/public-designation-due-to-gross-violations-of-human-rights-of-shavendra-silva-of-sri-lanka-under-section-
7031c-of-the-department-of-state-foreign-operations-and-related-programs-appropriations-a/index.html (accessed
December 14, 2021).
45 “The United States Promotes Accountability for Human Rights Violations and Abuses,” Statement by Antony J. Blinken,
December 10, 2021, https://www.state.gov/the-united-states-promotes-accountability-for-human-rights-violations-and-

abuses/ (accessed December 14, 2021).
46 Shamindra Ferdinando, “Now, another Maj. Gen. barred from entering US,” The Island, December 27, 2021,
https://island.lk/now-another-maj-gen-barred-from-entering-us/ (accessed January 10, 2022).

any threat posed to national security from any quarter,” the cabinet spokesperson Minister
Bandula Gunawardana announced. 47
However, faced with growing international pressure over the country’s deteriorating human
rights situation, the government announced on January 25, 2021, in a joint statement with
the European Union, that it would review and amend the PTA to bring it into compliance
with human rights standards. 48 This task was added to the mandate of the Presidential
Commission of Inquiry for Appraisal of the Findings of Previous Commissions and
Committees, 49 which had recently been created to review previous reports as a supposed
alternative to the international evidence-gathering process then under discussion at the
Human Rights Council.
Nevertheless, one month later the Sri Lankan government published a list proscribing
“terrorist” organisations and listing several hundred individuals as alleged “terrorists,”
including many who are rights activists in the Tamil diaspora.50 The list included several
nonviolent diaspora groups which at that time were engaged in advocacy at the Human
Rights Council to promote accountability for past violations.
On March 12, 2021, President Rajapaksa issued the Prevention of Terrorism (De-
radicalization from holding violent extremist religious ideology) Regulations No. 01 of
2021, under the PTA, which expands its powers. 51 The regulation allows the authorities to
detain and “rehabilitate” anyone who “by words either spoken or intended to be read or by
signs or by visible representations” causes the commission of violence or “religious, racial
47 Sandun A Jayasekera, “Cabinet approval to withdraw Counter Terrorism Bill,” January 4, 2020,
https://www.dailymirror.lk/print/front_page/Cabinet-approval-to-withdraw-Counter-Terrorism-Bill/238-180710 (accessed
November 7, 2021).
48 Joint statement of the 23rd meeting of the EU-Sri Lanka Joint Commission, January 25, 2021, https://mfa.gov.lk/23rd-
meeting-of-the-eu-sri-lanka-joint-commission/ (accessed November 6, 2021).

49 “President appoints CoI to investigate entire gamut of HR probes and findings,” Presidential Secretariat, January 21, 2021,
https://www.presidentsoffice.gov.lk/index.php/2021/01/22/president-appoints-coi-to-investigate-entire-gamut-of-hr-
probes-and-findings/ (accessed November 21, 2021).
50 Gazette of the Democratic Socialist Republic of Sri Lanka No. 2216/37, February 25, 2021,
http://fiusrilanka.gov.lk/docs/UNSCR/List/2216_37/2216_37_E.pdf (accessed November 6, 2021).

51 Gazette of the Democratic Socialist Republic of Sri Lanka No. 2218/68, March 12, 2021,
http://www.documents.gov.lk/files/egz/2021/3/2218-68_E.pdf (accessed November 6, 2021); “Sri Lanka: ‘Religious

Disharmony’ Order Threatens Minorities,” Human Rights Watch, March 16, 2021, https://www.hrw.org/news/2021/03/16/sri-
lanka-religious-disharmony-order-threatens-minorities (accessed November 7, 2021); “Concerns Relating to the Recent
Regulations Issued Under the Prevention of Terrorism Act,” Centre for Policy Alternatives, March 18, 2021,
https://www.cpalanka.org/concerns-relating-to-the-recent-regulations-issued-under-the-prevention-of-terrorism-act/

or communal disharmony or feelings of ill will or hostility between different communities or
racial or religious groups.” Instead of being tried, the suspect faces detention in a
“reintegration center” for up to one year on the recommendation of the attorney general.
No standards for making such a recommendation are set out. Following the introduction of
The regulations in March 2010, Commissioner General of Rehabilitation Maj. Gen.
Darshana Hettiarachchi said the government intended to use the powers to “rehabilitate”
people detained during the Easter Sunday bombings inquiry who had been found not to be
linked to the attacks. 52 The defense minister, currently President Rajapaksa, is empowered
to extend the detention for a second year. At the time of writing, implementation of the
order is suspended while the Supreme Court considers fundamental rights petitions
against it. 53
On June 4 President Rajapaksa issued a gazette notice creating a new detention site for
PTA prisoners at a police facility in Colombo. The step was taken days after the Human
Rights Commission wrote to the government to ask about a prisoner being held at the site,
which up to that point was an unauthorized place of detention. 54
On June 21 President Rajapaksa received an interim report on PTA reform from the
presidential commission of inquiry. The commission opposed repealing the act. Instead, it
focused on just three provisions (9, 11 and 13) and made three recommendations: expedite
the hearing of cases by filing indictments against those held for over three months; confine
detainees to their own home under special security instead of detaining them in prisons;
and establish an advisory board consisting of at least three people representing Sri
Lanka’s three major ethnic groups. 55
52 Zulfick Farzan, “Rehab for detainees not related to April 21st Attacks,” Newsfirst, March 23, 2021,
https://www.newsfirst.lk/2021/03/23/rehab-for-detainees-not-related-to-april-21st-attacks/ (accessed December 13, 2021)

53 “Supreme Court suspends presidential order for de-radicalization of extremists,” ColomboPage, August 5, 2021,
http://www.colombopage.com/archive_21A/Aug05_1628179328CH.php (accessed November 6, 2021).

54 Human Rights Watch telephone interview, human rights defender LL, details withheld, November 4, 2021.
55 “President handed over interim report of Commission appointed to probe alleged human rights violations,” Embassy of Sri
Lanka – United States of America, July 21, 2021, https://slembassyusa.org/new/media-center/news/2355-president-gets-

interim-report-of-commission-appointed-to-probe-alleged-human-rights-violations.html (accessed November 7, 2021);
“President gets interim report of commission appointed to probe alleged Human Rights violations,” Daily FT, July 22, 2021,
https://www.ft.lk/front-page/President-gets-interim-report-of-commission-appointed-to-probe-alleged-Human-Rights-
violations/44-720766 (accessed November 7, 2021).

On the same day, a cabinet sub-committee was appointed to further consider PTA reform. 56
However, none of the commission’s interim recommendations were adopted in full by the
president. Although an advisory board was established, it is appointed by the president
(who is also minister of defense) and does not offer independent oversight. 57
On June 22 Justice Minister Ali Sabry announced in parliament that the government
intended to reform the PTA, and to free prisoners in cases where “there is no court case.” 58
During the debate an opposition MP claimed that during the previous year over 100 young
people had been arrested under the PTA in connection with Facebook posts. 59 In response
the minister for youth and sports, Namal Rajapaksa, who is the nephew of the president
and the son of the prime minister, alleged that the opposition was attempting to disrupt
the government’s new policy to release long term prisoners. “There are people who have
been imprisoned for our lifetimes. Why are you talking about people who were only
arrested yesterday?” he said. 60
On June 24, 2021, President Rajapaksa pardoned 16 people convicted under the PTA –
most were either nearing the end of their sentences or had already been incarcerated for a
period exceeding their sentence. 61 On the same day he appointed a second committee,
this one composed of officials and chaired by the defense secretary, Gen. (retd) Kamal
Gunaratne, who commanded forces implicated in alleged war crimes and crimes against
humanity during the civil war, 62 to work on changes to the PTA. In July, Gunaratne said
intelligence reports did not indicate any terrorist activity in Sri Lanka. 63 He was responding
to the threat level shown on the US government travel advisory for the country, which
56 “Government of Sri Lanka response to the Joint Communication received from seven UN Special Procedures Mandate
Holders concerning Prevention of Terrorism (Deradicalisation from holding violent extremist religious ideology) Regulations
No. 01 of 2021,” August 11, 2021, https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36496 (accessed
November 6, 2021).
57 “President appoints advisory board for guidance on PTA,” Daily FT, August 26, 2021, https://www.ft.lk/news/President-
appoints-advisory-board-for-guidance-on-PTA/56-722220 (accessed November 6, 2021).

58 Pamodi Waravita, “PTA to be reformed: Sabry,” The Morning, June 13, 2021, https://www.themorning.lk/pta-to-be-
reformed-sabry/ (accessed November 6, 2021).

59 Ibid.
60 Ibid.
61 “Sri Lanka: Pardons a Meager Response to Abusive Law,” Human Rights Watch, June 29, 2021,
https://www.hrw.org/news/2021/06/29/sri-lanka-pardons-meager-response-abusive-law (accessed November 7, 2021).


63 “Sri Lanka asserts no threat of terrorism reported,” Colombo Gazette, July 8, 2021,
https://colombogazette.com/2021/07/08/sri-lanka-asserts-no-threat-of-terrorism-reported/ (accessed November 6, 2021).

Gunaratne said reflected only the Covid-19 pandemic and not any terrorist threat.
Nevertheless, the security forces have continued to arrest people under the PTA.
Ahead of the September 2021 session of the Human Rights Council, the Sri Lankan
government circulated a briefing document to foreign diplomats claiming progress on
human rights. 64 It partially described the interim recommendations of the presidential
commission for PTA reform, 65 stated that the cabinet sub-committee appointed to “revisit”
the PTA would report by September 24, and claimed without basis to be “intensifying and
expanding the consultation process by including all stake holders such as civil society…
the Bar Association of Sri Lanka and academic institutions.”
However, even as the government sought to reassure diplomats about its intention to
reform the PTA, Prisons Minister Lohan Ratwatte visited Anuradhapura prison, where he
made PTA prisoners kneel and held a gun to their heads, ordering them to “confess.” 66 He
was subsequently sacked as prisons minister, but retained another ministerial portfolio.
In October, similar assurances of PTA reform were also offered to an EU delegation

assessing Sri Lanka’s compliance with its GSP+ obligations. 67
The committee of officials chaired by Defense Secretary Gunaratne submitted a report on

PTA reform to the president on November 15. 68 On around the same date the government
invited a group of civil society figures known as the Sri Lanka Collective for Consensus
64 “Progress made by the Government of Sri Lanka (GoSL) on human rights and reconciliation,” August 27, 2021, document
circulated to “All diplomatic missions’ resident in Colombo” by the Ministry of Foreign Affairs. Copy on file with Human Rights
Watch, See, “Sri Lanka: UN Rights Council Scrutiny Crucial,” Human Rights Watch, September 10, 2021,
https://www.hrw.org/news/2021/09/10/sri-lanka-un-rights-council-scrutiny-crucial (accessed November 6, 2021).
65 The briefing omits tomention that the Presidential Commission called for representatives of all three major communities
to be appointed to the advisory board – a recommendation President Rajapaksa had ignored when making the
appointments.
66 Meenakshi Ganguly, “Sri Lankan Minister Threatens Prisoners at Gunpoint,” Human Rights Watch, September 15, 2021,
https://www.hrw.org/news/2021/09/15/sri-lankan-minister-threatens-prisoners-gunpoint (accessed November 6, 2021);

Meera Srinivasan, “Tamil prisoners file Fundamental Rights petition at Sri Lanka’s Supreme Court,” September 30, 2021,
https://www.thehindu.com/news/international/tamil-prisoners-file-fundamental-rights-petition-at-sri-lankas-supreme-
court/article36753917.ece (accessed November 6, 2021).
67 “EU-Sri Lanka: Fifth Meeting of the Working Group on Good Governance, Rule of Law and Human Rights,” joint press
release October 1, 2021, https://eeas.europa.eu/delegations/philippines/105010/eu-sri-lanka-fifth-meeting-working-group-

good-governance-rule-law-and-human-rights_en (accessed November 19, 2021).
68 “Report by committee appointed to review PTA handed over,” Colombo Gazette, November 15, 2021,
https://colombogazette.com/2021/11/15/report-by-committee-appointed-to-review-pta-handed-over/ (accessed November

18, 2021).

(SLCC) to discuss PTA reform. Up to that point no known consultations had taken place,
including with the Bar Association of Sri Lanka.
At a November 27 meeting between the SLCC and members of the cabinet subcommittee
on PTA reform, ministers said they did not yet have a draft of proposed changes to the law
but described at least eight amendments the government intends to make. 69 In response
to the SLCC’s account of the meeting, a group of 47 prominent civil society figures and 13
civil society organisations issued a statement noting that “nearly all so-called changes
proposed already exist in law and do not address any of the shortcomings in the PTA that
enable grave human rights violations.” 70 They said, “We call for repeal of the PTA and in
the interim an immediate moratorium on the use of the law.”
In a letter to Human Rights Watch in January 2022, the Sri Lankan foreign ministry stated
that under a process to release detainees “held in judicial custody for extended periods
under charges relating to the PTA… 13 more persons were discharged as of 13 January
2022.” 71 No further details of the releases were available.
69 According to a press release by the SLCC, the eight proposed amendments are: “1) Detention orders: The period of validity
of a detention order would be reduced from 18 months to 12 months. 2) Restricted use of PTA: The IGP has issued clear
instructions to police officers not to have recourse to the PTA as a regular mode of arrest or as a short cut. The norm should
be to investigate with the use of the normal law. They should only use PTA in exceptional circumstances when adequate
evidence is found in investigation and if national security issues arise in the process of investigations 3) Supervision by
magistrates: It will be mandatory for magistrates to visit the place of detention and to personally ensure the welfare of
detained persons. The Human Rights Commission should/ will be informed of such detention. Magistrates will be
empowered to direct the IGP to investigate if any evidence of torture is found. In such a situation the Attorney General will
institute criminal proceedings. 4) Judicial oversight: The person detained will have access to judicial appeal through Article
126 of the constitution (Fundamental Rights jurisdiction of Supreme Court) and Article 140 (Writ jurisdiction of Appeal Court).
This will be spelled out in the law so that there is no ambiguity. This will be the first time in the four decade long history of
PTA that detention orders can be legally challenged. 5) Access to lawyer: The person detained will have the right to access a
lawyer and to visits by family members. This will be a statutory right so that there is no discretion in the matter. 6) Repeal of
Section 14 of PTA: This prohibits publication of any statement made by the detainee or with regard to the investigation.
7) Speedy trial: Trials of PTA cases will take place on a daily basis until completed to avoid delays. The Chief Justice has
already directed that PTA cases should be expedited. 8) Advisory Board: This has been set up under Section 13 of the PTA.
Chaired by retired Chief Justice Asoka de Silva it has already recommended the release of 26, 8 and 6 prisoners on three
occasions. The Advisory Board is expected to make recommendations and advise the President on the investigation, release,
granting of bail and future action related to the persons imprisoned over terrorist activities and detained under detention
orders.” Statement by the Sri Lankan Collective for Consensus, November 29, 2021, https://peace-srilanka.org/media-
centre/news/item/1093-statement-by-the-sri-lankan-collective-for-consensus-29-11-2021 (accessed December 10, 2021).
Human Rights Watch telephone interview with SLCC member TT, details withheld, November 30, 2021.
70 “Civil society calls for immediate moratorium on use of PTA,” The Island, December 6, 2021, https://island.lk/civil-society-
calls-for-immediate-moratorium-on-use-of-pta/ (accessed December 10, 2021),

71 “Response to the Human Rights Watch ‘World Report 2022’: Sri Lanka Section,” Sri Lankan Foreign Ministry, January 22,
2022, https://mfa.gov.lk/hrw-world-report-2022-sl/ (accessed January 24, 2022).

On January 27, 2022, the government published a bill to amend the PTA. 72 If the
Amendment Bill is adopted, it would do little to help Sri Lanka meet the five “necessary
prerequisites” set out by seven UN special rapporteurs in December 2021 to bring Sri
Lanka’s counterterrorism legislation into compliance with Sri Lanka’s international human
rights obligations. 73
The five necessary prerequisites are:
1. “Employ definitions of terrorism that comply with international norms.”
The PTA contains no definition of terrorism, and the Amendment Bill does not address this.
2. “Ensure precision and legal certainty, especially when this legislation may
impact the rights to freedom of expression, opinion, association and religion or
belief.”
The Amendment Bill does not affect the sweeping criminalization of speech under section
2 of the PTA, including a vague provision that allows authorities to arrest anyone whose
speech they deem to have caused or be intended to cause “racial or communal
disharmony or feelings of ill‐will or hostility between different communities or racial or
religious groups.”
In their December 2021 communication the UN special rapporteurs drew particular

attention to this provision, which can be used to violate numerous provisions of the
International Covenant on Civil and Political Rights (ICCPR) and other human rights
conventions. The Amendment Bill leaves the provision fully intact and would not prevent
abuses such as in the case of the lawyer Hijaaz Hizbullah, or the poet Ahnaf Jazeem, who
were detained under the PTA for allegedly causing “communal disharmony.”
72 “PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) (AMENDMENT) BILL to amend the Prevention of Terrorism
(Temporary Provisions) Act, No. 48 of 1979,” The Gazette of the Democratic Socialist Republic of Sri Lanka, January 27, 2022.
73 “Communication by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism and six others LKA7/2021, December 9, 2021,
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26863 (accessed December 14,
2021)

3. “Ensure preventive measures are in place to prevent and halt arbitrary
detention and deprivation of liberty.”
Under the Amendment Bill, clause 2, the period for which a person can be held under a
detention order issued by the defense minister is reduced from 18 to 12 months. This
merely shortens the possible period of arbitrary detention, but does not end it. There
remains no judicial oversight of the imposition of detention orders, no criteria for their use,
and no requirement to produce any form of evidence against the detainee.
Under the Amendment Bill, clause 4, detention orders “shall not be called into question in
any proceedings or in any court of law.” An apparent exception is made for proceedings
under articles 126 and 140 of the Sri Lankan constitution – however these relate to
fundamental rights petitions in the Supreme Court, which are already brought on behalf of
PTA detainees under the current law. There remains no opportunity under the Amendment
Bill for people held on detention orders to seek bail. The proposed law would do nothing to
prevent the arbitrary detention of any suspect during the first year after their arrest.
4. “Ensure preventive measures are in place to prevent torture and enforced

disappearance and adhere to their absolute prohibition.”
Crucially, the Amendment Bill does not change the status of confessions given to the
police as evidence in PTA cases. Whereas such evidence is inadmissible under other Sri
Lankan laws, it is admissible under the PTA. This has led the police to routinely use torture
to extract confessions from PTA detainees, as documented in numerous reports by special
rapporteurs, the Sri Lankan Human Rights Commission, and human rights groups. 74
74 See, “Prison Study by the Human Rights Commission of Sri Lanka,” HRCSL, 2020, https://www.hrcsl.lk/wp-
content/uploads/2020/01/Prison-Report-Final-2.pdf (accessed January 28, 2022); “Human rights and counter-terrorism: UN

Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
concludes visit to Sri Lanka,” OHCHR, July 14, 2017,
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21883&LangID=E (accessed November 6, 2021);
Human Rights Watch, Locked Up Without Evidence: Abuses under Sri Lanka’s Prevention of Terrorism Act, January 29, 2018,
https://www.hrw.org/report/2018/01/29/locked-without-evidence/abuses-under-sri-lankas-prevention-terrorism-
act#:~:text=The%20Sri%20Lankan%20government%20has,facilitating%20torture%2C%20and%20other%20abuse.
(accessed January 27, 2022).

Furthermore, the Amendment Bill does not alter the power of authorities under section 7(3)
of the PTA to move a suspect “to any place for the purpose of interrogation and from place
to place for the purposes of investigation.” Nor does it alter the power of the defense
secretary under PTA section 15(a) to order that a detainee “be kept in the custody of any
authority, in such place and subject to such conditions as may be determined by him
having regard to such interests [of national security or public order].” These provisions
have repeatedly been used to enable torture and other ill-treatment, and increase the risk
of enforced disappearance.
Clause 3 of the Amendment Bill would require authorities to notify the Human Rights
Commission of Sri Lanka of detentions under the PTA within an (unspecified) “reasonable
period,” although a similar duty already exists under the Human Rights Commission Act. 75
The Human Rights Commission, in a letter to Human Rights Watch dated January 7, 2022,
acknowledged that the police do not consistently uphold this provision. 76
Clause 3 of the Amendment Bill also contains provisions relating to monthly inspections of
places of detention by magistrates. In its letter to Human Rights Watch, the Human Rights
Commission recognized that these powers already exist, but acknowledged that they are
not applied in practice. And the Amendment Bill creates no obligation on magistrates to
initiate an investigation of suspected torture, stating only that they “may” do so. The bill
also does not ensure that prisoners are able to meet magistrates or judicial medical
officers (JMOs) in private, nor provide for their transfer to another place of detention in
case they have allegedly been tortured, nor make clear the procedural basis for
magistrates to pursue any action, since those held under detention orders do not have
cases filed at the magistrates’ court. This contravenes article 13 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Convention
against Torture”), which states that, “Each State Party shall ensure that any individual who
alleges he has been subjected to torture in any territory under its jurisdiction has the right
to complain to, and to have his case promptly and impartially examined by, its competent
authorities.” 77
75 Human Rights Commission of Sri Lanka Act No. 21 of 1996, https://www.hrcsl.lk/wp-content/uploads/2020/01/HRC-
Act.pdf (accessed January 28, 2022).

76 The correspondence is published in the appendix to this report.
77 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984,
https://www.ohchr.org/en/professionalinterest/pages/cat.aspx (accessed January 31, 2022)

Clause 10 of the Amendment Bill reiterates provisions for official impunity in the existing
act, stating “no suit, prosecution or other proceeding, civil or criminal, shall lie against any
officer or person for any act or thing in good faith done or purported to be done in
pursuance or supposed pursuance of any Order made or direction given under this Act.”
This is contrary to article 14 of the Convention against Torture, which states that “Each
State Party shall ensure in its legal system that the victim of an act of torture obtains
redress and has an enforceable right to fair and adequate compensation.” 78
5) “Enable overarching due process and fair trial guarantees, including judicial
oversight and access to legal counsel.”
Clause 5 of the Amendment Bill provides that “[a]n Attorney-at-Law representing a person
remanded or detained under this Act, shall have the right of access to such person and to
make representations on behalf of such person, subject to such conditions as may be
prescribed by regulations made under this Act or as provided for in other written law.”
Since the defense minister has broad powers to introduce new regulations under the act,
the proposed law therefore imposes unspecified restrictions on prisoners’ access to a
lawyer. In principle the right of access to a lawyer already exists in Sri Lankan law,
although it is frequently violated for PTA detainees, and the confidentiality of meetings
with lawyers has also been routinely violated under the PTA. 79
The proposed Amendment Bill contains a provision in clause 8 that may expedite the
conduct of trials, stating that hearings should normally be conducted on a “day to day
basis.” In the past, trials have often lasted years, with only intermittent hearings. Under
clause 10 of the Amendment Bill, if a trial has not begun 12 months after the date of their
arrest, a detainee may apply to the High Court or Court of Appeal for bail. Under the
existing PTA, bail can normally be granted only if the attorney general makes no objection
78 Ibid., article 14.
79 See “Sri Lanka: Free Rights Activist,” Human Rights Watch and others, July 28, 2021,
https://www.hrw.org/news/2021/07/28/sri-lanka-free-rights-activist; Pamodi Waravita, “TID officers said I’m a terrorist
because I didn’t own Buddhist books: Ahnaf Jazeem,” The Morning, January 18, 2022, https://www.themorning.lk/tid-
officers-said-im-a-terrorist-because-i-didnt-own-buddhist-books-ahnaf-jazeem/ (accessed January 30, 2022)

II. Ongoing PTA Abuses
Since the Gotabaya Rajapaksa administration took office in November 2019, the authorities
have continued to make arrests and hold people in detention under the PTA without
producing evidence of terrorism against them. This is because the PTA permits detention
without evidence.
In one of the few cases that went to trial, on November 2, 2021, the Colombo High Court
acquitted former provincial governor Azath Salley of terrorism after he had been held in
custody since March 16, 2021. The charges alleged that Salley had caused “communal
disharmony” with comments he had made about Sharia (Islamic law), but the judge found
that Salley had not made such a statement. 80 He had been arrested following a compliant
by three ruling party members of parliament.
According to data provided by the Human Rights Commission of Sri Lanka, 212 people were
arrested under the PTA in 2020, and 109 in 2021. 81 The data show that one person was bailed
under the PTA in 2020 and 23 were bailed in 2021, while the attorney general instructed that
10 PTA prisoners should be released in 2020, and 45 in 2021. However, it is not clear when
the prisoners who were bailed or released had been arrested. Human Rights Watch wrote to
the attorney general requesting data on PTA detentions but received no reply.
Most of the people known to have been detained under the PTA belong to either the Tamil
or Muslim minority communities. 82 Members of the government have also frequently used
rhetoric to inflame majoritarian sentiments and stigmatise these minorities by associating
them with terrorism. In a speech on November 18, 2020, President Rajapaksa invoked
“legitimate fears that the Sinhala race, our religion, national resources and the heritage
would be threatened with destruction in the face of various local and foreign forces and
80 “Azath Salley’s acquittal: Three SLPP MPs summoned to court,” Newswire, December 2, 2021,
https://www.newswire.lk/2021/12/02/azath-salleys-acquittal-three-slpp-mps-summoned-to-court/ (accessed December 10,

2021).
81 See the letter from the Human Rights Commission of Sri Lanka, received by Human Rights Watch on January 7, 2022, in the
appendix to this report.

82 Shreen Abdul Saroor and Mytili Bala, “Terrorising Minorities through ‘Counterterrorism’,” Muslims in Post-war Sri Lanka,
Repression, Resistance and Reform,

https://www.minormatters.org/storage/app/uploads/public/615/69b/d3b/61569bd3b3d59076872669.pdf (accessed
December 13, 2021).

ideologies that support separatism, extremism and terrorism.” 83 If it is not blocked by the
Supreme Court, the PTA regulation on “deradicalization,” introduced by the government in
2021, 84 which allows up to two years of custodial “rehabilitation” without trial for people
deemed by the government to have “by words either spoken or intended to be read …
[caused] religious, racial or communal disharmony,” could also be used to target
minority communities.
Cases Related to the 2019 Easter Sunday Bombings

The Easter Sunday bombings on April 21, 2019, carried out by Islamist militants, killed over
260 people. Suicide bombers entered three crowded churches and three luxury hotels in
Colombo, the capital, and nearby Negombo, and the eastern city of Batticaloa. There were
two other bombings, one in a guesthouse in Dehiwala and the other in a suspected
militant safehouse in Dematagoda. The bombings were the worst violence since Sri
Lanka’s three-decade long civil war ended in May 2009.
In the weeks and months that followed, the authorities arrested and detained hundreds of
people under counterterrorism and emergency laws, some on grounds that knives or
Islamic books were recovered from their homes. 85 In a letter to the inspector general of
police dated July 2, 2019, the Human Rights Commission of Sri Lanka said it had received
“a number of complaints alleging illegal arrests” and stated “the Commission observes
that police investigations are conducted after the arrest.” 86
While evidence may exist against some of those detained, the government has presented
no basis for detaining many others besides that they were acquainted or had family ties
83 President’s address to the Nation,

November 18, 2020,
https://www.presidentsoffice.gov.lk/index.php/2020/11/18/presidents-address-to-the-nation-on-18-11-2020/ (accessed
November 11, 2021).
84 Gazette of the Democratic Socialist Republic of Sri Lanka No. 2218/68, March 12, 2021,
http://www.documents.gov.lk/files/egz/2021/3/2218-68_E.pdf (accessed November 6, 2021); “Sri Lanka: ‘Religious

Disharmony’ Order Threatens Minorities,” Human Rights Watch, March 16, 2021, https://www.hrw.org/news/2021/03/16/sri-
lanka-religious-disharmony-order-threatens-minorities (accessed November 7, 2021); “Concerns Relating to the Recent
Regulations Issued Under the Prevention of Terrorism Act,” Centre for Policy Alternatives, March 18, 2021,
https://www.cpalanka.org/concerns-relating-to-the-recent-regulations-issued-under-the-prevention-of-terrorism-act/
(accessed November7, 2021).
85 “Sri Lanka: Muslims Face Threats, Attacks,” Human Rights Watch, July 3, 2019,
https://www.hrw.org/news/2019/07/03/sri-lanka-muslims-face-threats-attacks (accessed December 14, 2021).

86 Underlining in the original. See annexures to the letter from the Human Rights Commission of Sri Lanka, received by
Human Rights Watch on January 7, 2022, in the appendix to this report.

with the bombers. 87 For example, two men remain in PTA detention because they were
found in possession of motorcycles registered to relatives of the bombers. 88 Arrests,
purportedly in connection with the Easter attacks, continue two-and-a-half years later. The
first trial of 25 men accused in connection with the attack, began on November 22, 2021.
Defense lawyers said that because prosecutors have brought over 23,000 charges, it may
take a decade to reach a verdict. 89
In a statement to parliament on May 19, 2021, the public security minister, Adm. (retd.)
Sarath Weerasekera said that 704 people had been arrested in connection with the Easter
Sunday bombings, of whom 287 remained in custody while 244 were on bail, 168 had been
released (without bail), “and 32 indicted.” 90 (These figures actually total 731, not 704, or
699 if the indicted are among the 287 in custody.) 91 In August, Inspector General of Police
C.D. Wickramaratne said that 311 people were then in custody in connection with
the attacks. 92
According to court filings reviewed by Human Rights Watch, some of these suspects, who
remain in detention over two years since they were arrested, were arbitrarily arrested for no
87 “Sri Lanka: Muslims Face Threats, Attacks,” Human Rights Watch, July 3, 2o21,
https://www.hrw.org/news/2019/07/03/sri-lanka-muslims-face-threats-attacks (accessed November 8, 2021); Shreen

Abdul Saroor and Mytili Bala, “Terrorising Minorities through ‘Counterterrorism’,” Muslims in Post-war Sri Lanka, Repression,
Resistance and Reform,
https://www.minormatters.org/storage/app/uploads/public/615/69b/d3b/61569bd3b3d59076872669.pdf (accessed
December 13, 2021); Marisa de Silva, “PTA: Terrorising Sri Lanka For 42 Years,” Colombo Telegraph, November 17, 2020,
https://www.colombotelegraph.com/index.php/pta-terrorising-sri-lanka-for-42-years/ (accessed December 13, 2021).
88 “The information to be furnished to the magistrate,” Case No. B/427/19, Batticaloa, August 30, 2021.
89 Hannah Ellis-Petersen, “Trial begins of 25 men over Sri Lanka Easter bombings in 2019,” The Guardian, November 23,
2021, https://www.theguardian.com/world/2021/nov/23/trial-begins-of-25-men-over-sri-lanka-easter-bombings-in-2019
(accessed December 10, 2021).
90 According to Weerasekera, of those in detention 203 were in remand custody (i.e. prisons) while 84 are held under
detention orders (ie police custody). “Easter Sunday massacres: Grand conspiracy and questions as to who the mastermind
is,” Sunday Times May 23, 2021, https://www.sundaytimes.lk/210523/columns/easter-sunday-massacres-grand-
conspiracy-and-questions-as-to-who-the-mastermind-is-444679.html (accessed November 8, 2021). On April 24, 2021.
Police Spokesman DIG Ajith Rohana said a total of 702 “suspects” had been arrested, of whom 202 were in remand custody
while 83 were detained by the Criminal Investigations Department (CID) and Terrorism Investigation Division (TID) for
interrogations. “Over 700 arrested over Easter Sunday attacks,” Daily Mirror, April 24, 2021,
https://www.dailymirror.lk/breaking_news/Over-700-arrested-over-Easter-Sunday-attacks/108-210570 (accessed November
8, 2021).
91 It is not clear how these figures correspond with data provided by the Human Rights Commission of Sri Lanka, which show
a total of 626 for all PTA arrests in 2019, 2020 and 2021, including cases not connected to the Easter bombings. See the
letter from the Human Rights Commission of Sri Lanka, received by Human Rights Watch on January 7, 2022, in the appendix
to this report.
92 “IGP says Easter Sunday Attacks well-planned,” ColomboPage, August 25, 2021,
http://www.colombopage.com/archive_21B/Aug25_1629907850CH.php (accessed November 6, 2021).

apparent reason at all except their being Muslim. In many cases, the detainees alleged
that they were not told the reason for their arrest, that they were not provided with
detention orders authorizing their detention under the PTA, that they were denied access
to lawyers, and that they were threatened, physically abused, or kept in unsanitary and
degrading conditions.
Activists said that, of those in detention, around 100 are from Kattankudy near the city of
Batticaloa in eastern Sri Lanka. They include numerous people who were related to, or had
other sometimes remote associations with, the suicide bombers. In May 2021, for
example, a local Muslim businessman who had employed one of the bombers on a
building project in 2018 was detained under the PTA.
Also among these detainees were 11 women who were arrested on December 4, 2020,
because they attended a sermon organized by one of the bombers in 2018, including his
mother-in-law and her daughter. 93 Two of the women are accompanied by children, both of
whom were born after the attack and are reportedly suffering from heat and infections
in prison.
The Kattankudy detainees are spread over nine detention facilities around the country, in
many cases far from their homes, and have suffered long periods without family visits or
access to lawyers, partly due to restrictions imposed because of the Covid-19 pandemic.
According to a lawyer representing several detainees held in connection with the Easter
Sunday attacks, the bombers had conducted several “training camps” in the years before
the attack. He said that his clients were teenage students, who attended one of these
events because they were told they would receive “vocational training.” They have been
held without charge for over two years. 94 An activist familiar with the cases said some of
those detained for links to the bombers had raised concerns about the bombers with the
police prior to the attacks. However, while their warnings went unheeded these people
were subsequently detained and remain in custody without charge. 95
93 Human Rights Watch telephone interview, human rights defender KK, details withheld, August 12, 2021.
94 Human Rights Watch telephone interview, lawyer RR, details withheld November 8, 2021.
95 Email communication with activist FF, details withheld, December 1, 2021.

In January 2022, a report by domestic human rights activists on the impact of the
bombings in the Batticaloa region found that “[p]ersons who seemingly did not commit or
aid or abet an offence, and only had a peripheral connection to accused persons or to
persons who engaged in the bombing have been arrested. For instance, boys and young
men who were either forced to attend or were misinformed about the destination and
purpose of events [organized by the bombers]…, and attended for only one or two days
were arrested.” 96 Among those that remain in custody, the families of some detainees
alleged that their relative had been tortured. The report found that families of detainees
had been subjected to harassment and intimidation by the security forces, as well as
social stigma, and had suffered economic hardship as a result of their relatives’ prolonged
detention. Meanwhile, the non-denominational Christian community in the region, which
was among the bombers’ targets, has also suffered continuing discrimination and
harassment at the hands of officials and the security forces, part of a long standing pattern
of discrimination against protestant Christians. 97
Hejaaz Hizbullah
Hejaaz Hizbullah, a prominent lawyer who has acted in minority rights cases, was arrested
on April 14, 2020, under the PTA. 98 He was initially accused of aiding and abetting Inshaf
Ahamed, one of the suicide bombers on April 21, 2019, an accusation that has since been
withdrawn. The allegations against Hizbullah have been changed several times and his
detention has been extended for over 19 months.
The latest allegation, on which an indictment was filed against Hizbullah in the High Court
on February 18, 2021, was a speech-related offense of causing “communal disharmony,”
one of several overly broad offenses provided under the PTA. The indictment is based on a
statement to the Criminal Investigation Department (CID) of the police made by a teenage
student regarding a speech allegedly given by Hizbullah in Puttalam. Other students, who
were questioned at the same time by the same officers, filed complaints with the Human
96“Report of the Fact Finding Mission to Batticaloa to Study the Impact of the Easter Sunday Bombings,” January 4, 2021,
January 5, 2022).
97 Ibid.
98 “Sri Lanka: Free Rights Activist,” Human Rights Watch and others, July
28, 2021,
https://www.hrw.org/news/2021/07/28/sri-lanka-free-rights-activist (accessed November 8, 2021).

Rights Commission and brought fundamental rights petitions before the Supreme Court
claiming they were coerced to falsely implicate Hizbullah. 99
At least five other men have been detained under the PTA in connection with Hizbullah’s
case–all remain in custody and have been prevented from retaining or meeting lawyers for
extended periods. 100 Among them is Mohamed Sulthan, an employee of the organization
Save the Pearls, who told a magistrate in October 2021 that three named police officers
tortured him in an attempt to obtain testimony against Hizbullah. 101 Mohamed Shakeel, a
school principal, was arrested on February 21, 2021, for allegedly “aiding and abetting”
Hizbullah. 102
Hizbullah’s lawyer alleges that while he was in police custody, Hizbullah was prevented
from meeting his legal counsel in private until an order was issued by the Court of Appeal.
After being charged in February 2021, Hizbullah was moved to judicial remand custody,
where he was able to speak with his family for the first time in 10 months. Thereafter
visitation rights were again restricted. He remains in custody at the time of writing.
Ahnaf Jazeem
Ahnaf Jazeem, a 26-year-old poet, was arrested on May 26, 2020 on allegations that an
anthology of verse he published in 2017 promoted “religious extremism.” Tamil scholars
who have read the book say it promotes peace and toleration. He had briefly stayed in
teachers’ accommodation belonging to Hizbullah’s organization Save the Pearls. 103
99 “Hejaaz Hizbullah: Case Reduced To A Single Child’s Statement,” Colombo Telegraph, February 21, 2021,
https://www.colombotelegraph.com/index.php/hejaaz-hizbullah-case-reduced-to-a-single-childs-statement/ (accessed
November 19, 2021).
100 Human Rights Watch interview with lawyer QQ, details withheld, November 16, 2021.
101 “Suspect tells Magistrate he was tortured to implicate Hejaaz Hizbullah,” Daily Mirror, October 29, 2021,
https://www.dailymirror.lk/latest_news/Suspect-tells-Magistrate-he-was-tortured-to-implicate-Hejaaz-Hizbullah/342-
223585 (accessed November 16, 2021).
102 Riyaz ul Khaliq, “Sri Lanka arrests school head over 2019 Easter attacks,” Anadolu Agency, February 18, 2021,
https://www.aa.com.tr/en/asia-pacific/sri-lanka-arrests-school-head-over-2019-easter-attacks/2149507 (accessed
November 7, 2021)
103 Pamodi Waravita, “TID officers said I’m a terrorist because I didn’t own Buddhist books: Ahnaf Jazeem,” The Morning,
January 18, 2022, https://www.themorning.lk/tid-officers-said-im-a-terrorist-because-i-didnt-own-buddhist-books-ahnaf-

jazeem/ (accessed January 20, 2022).

According to Jazeem’s lawyer, the arrest was first disclosed by the authorities in court
filings relating to Hizbullah’s case a month after Jazeem was detained. 104 It remained
widely unknown until December, when Jazeem first obtained legal representation, by
which time the courts were closed due to the Covid-19 pandemic. His lawyers filed a
fundamental rights petition seeking his release on April 9, 2021, but were prevented from
having a lengthy, private consultation with Jazeem until August 2021. The authorities
concealed information concerning his case from his family and lawyers.
An affidavit filed with the Supreme Court on his behalf on October 22, 2021 states that
while in police custody, Jazeem was forced to witness or hear other detainees being
tortured, and was threatened that he would receive the same treatment, including being
suspended from the ceiling and beaten, if he did not confess. 105 This allegedly occurred on
at least 10 occasions. During Jazeem’s first two weeks in detention, the affidavit said, his
hands were cuffed to a table leg, even while sleeping. He later suffered “inhuman and
degrading treatment” while detained at a TID facility on Chaitya Road in Colombo, to which
he was transferred on March 8, 2021, the same day as his first brief meeting with lawyers.
His affidavit alleges that this transfer was in “retaliation” for obtaining legal counsel and
that the TID facility was “sweltering hot” and infested with mice and cockroaches. The
police allegedly coerced him to sign self-incriminating statements he was not allowed to
read. According to the affidavit, while Jazeem was in custody his family was subjected to
continuous police harassment.
The affidavit alleges that Jazeem was held at Colombo Remand Prison at a time when Sri
Lanka was experiencing a major wave of Covid-19 infections, with around 50 others in a
cell known as the “ISIS Cell,” where other Muslims remanded after the Easter Sunday
attacks were also being held. “Remandees who are punished for using cell phones and
persons who are suspicious to have contracted COVID-19 virus are all sent to this cell,” the
statement claims. 106
104 Human Rights Watch telephone interview with lawyer SS, details withheld, November 8, 2021.
105 Affidavit on behalf of Muhammadhu Jazeem Muhammadhu Ahnaf , October 22, 2021,
https://www.scribd.com/document/537697457/Poet-and-Teacher-Ahnaf-Jazeem-s-Counter-Affidavit-in-response-to-the-
Limited-Affidavit-of-Director-TID-the-3rd-Respondent (accessed November 11, 2021).
106 Affidavit on behalf of Muhammadhu Jazeem Muhammadhu Ahnaf (Ahnab) alias Mannaramudhu Ahnaf, July 22, 2021,
https://www.scribd.com/document/537697457/Poet-and-Teacher-Ahnaf-Jazeem-s-Counter-Affidavit-in-response-to-the-
Limited-Affidavit-of-Director-TID-the-3rd-Respondent (accessed November 11, 2021).

Jazeem was released on bail in December 2021. 107 The Daily FT noted in an editorial that his
“lengthy detention and the six months he spent inside a prison cell with no access to a
lawyer speaks volumes about the draconian and cruel nature of the PTA and how easily the
law can be politically weaponised against foes perceived and real.” 108
Rishad and Riyad Bathiudeen

Rishad Bathiudeen, a member of parliament and former minister, and his brother Riyad
Bathiudeen, were arrested on April 21, 2021, for an alleged connection to the Easter
Sunday bombings. 109 A presidential commission of inquiry into the attacks had earlier
investigated the allegations and found no evidence of any wrongdoing by the former
minister. 110 On June 4 a fundamental rights petition was filed in the case, but hearings were
delayed after judges recused themselves. Rishad was released on bail on October 14,
2021, and Riyaj was granted bail by the Supreme Court on November 15. 111
Recent Arrests of Tamils under the PTA

“The use of the PTA is very high now,” a lawyer in the north said in June, adding that
lawyers had been filing cases challenging detentions. 112 At the beginning of July an activist
in the north said they had received information about numerous cases but, unlike
previously, they were unable to confirm them. “Things have changed,” the activist said.
107 Following his release Ahnaf Jazeem gave an interview to a newspaper describing his treatment in detention. He said,
“They forced me during this time to deliver a confession. They threatened me saying that they would keep me in prison for 15
or 20 years. At the time, I had a proposal for an arranged marriage – they threatened me saying that the girl would also be
arrested. That is how they threatened a confession out of me… I was only allowed to use the bathroom twice a day – once in
the morning and once in the evening. During the 14 days [when he was held on the second floor of the TID headquarters in
Colombo], I was also made to kneel down with my hands cuffed behind me, and threatened in harsh language to confess that
I was connected to ISIS or Al Qaeda. They would hit other people while I watched and would ask: ‘Will you do as we say or hit
you like this?’” Pamodi Waravita, “TID officers said I’m a terrorist because I didn’t own Buddhist books: Ahnaf Jazeem,” The
Morning, January 18, 2022, https://www.themorning.lk/tid-officers-said-im-a-terrorist-because-i-didnt-own-buddhist-books-
ahnaf-jazeem/ (accessed January 20, 2022).
108 A Broken Justice System, Daily FT, December 18, 2021, https://www.ft.lk/ft_view__editorial/A-broken-justice-system/58-
727748 (accessed December 19, 2021).

109 “Sri Lanka arrests Muslim leader over 2019 Easter Sunday attacks,” Al Jazeera, April 24, 2021,
https://www.aljazeera.com/news/2021/4/24/sri-lanka-arrests-muslim-leader-over-easter-attacks (accessed November 7,

2021).
110 “Judicial Recusals, Delays In Shani, Rishard Cases Spark Concern Judges Are Running Scared Of Gota Regime,” Colombo
Telegraph, June 7, 2021, https://www.colombotelegraph.com/index.php/judicial-recusals-delays-in-shani-rishard-cases-

spark-concern-judges-are-running-scared-of-gota-regime/ (accessed November 8, 2021).
111 “Riyaj Bathiudeen released from detention order,” anaderana.lk, November 15, 2021,
http://www.adaderana.lk/news/78439/riyaj-bathiudeen-released-from-detention-order (accessed November 16, 2021).

112 Human Rights Watch telephone interview, lawyer II, details withheld, June 25, 2021.

“We can’t talk to the police about it. They usually don’t give any information on why they
are arresting someone or where they are going to be taken to.” 113
The situation is further obscured because prisoners are sometimes held under other laws
as well as the PTA. “Sometimes what they do is hold them on other charges then also bring
a PTA count” because this allows authorities to detain the person indefinitely, a lawyer
said. 114 It can take weeks for a reported case to come to the attention of human rights
activists, who then struggle to discover where a person is held or whether they have
been released.
There have been numerous arrests and detentions for social media posts commemorating
Tamil fighters who died during the civil war. In June 2021, a Tamil opposition politician,
Shanakiyan Rasamanickam, claimed in parliament that over 100 people had been arrested
under the PTA for social media posts. 115 In Batticaloa, police detained 19 people in
November 2020 for allegedly posting online birthday wishes for the late LTTE leader
Velupillai Prabhakaran, who was killed in 2009. 116
While many are believed to have been released in such cases, others have not. For
instance, journalist Murugupillai Kokulathasan was arrested in November 2020 for
allegedly posting pictures on Facebook of Prabhakaran. 117 In a July 12, 2021 letter to the
113 Human Rights Watch telephone interview, human rights defender BB, details withheld, July 1, 2021.
114 Human Rights Watch interview, lawyer NN, details withheld, November 4, 2021.
115 Mihi Perera, “Govt. has arrested over 100 youngsters for Facebook posts: Rasamanickam,” The Morning, June 22, 2021,
https://www.themorning.lk/govt-has-arrested-over-100-youngsters-for-facebook-posts-rasamanickam/ (accessed November

8, 2021)
116 “Sri Lankan police arrest 19 and mark further 55 for posting Prabhakaran birthday messages,” Tamil Guardian, November
27, 2020, https://www.tamilguardian.com/content/sri-lankan-police-arrest-19-and-mark-further-55-posting-prabhakaran-

birthday-messages (accessed November 7, 2021). In other similar cases, Mugunthan Divanya and Wimal Raj, web journalists
at the YouTube channel “TubeTamil,” were arrested by the TID on March 29, 2021, in Jaffna and transferred to Colombo.
Police spokesman Ajith Rohana said “the suspects have been operating a website and a YouTube channel promoting the
LTTE and related terrorism activities.” They were charged under the Prevention of Terrorism (Proscription of the Liberation
Tigers of Tamil Eelam) Regulations No. 1 of 2011. “Journalists Detained and Jailed in South Asia May 1, 2020 – April 30, 2021,”
International Federation of Journalists, https://samsn.ifj.org/SAPFR/jailed-detained/ (accessed November 7, 2021); “Two
arrested for promoting LTTE on YouTube and website,” Colombo Gazette, March 29, 2021,
https://colombogazette.com/2021/03/29/two-arrested-for-promoting-ltte-on-youtube-and-website/ (accessed November 7,
2021). Ganapathipillai Mohan was arrested on May 2, 2021 by police in Eravur, near Batticaloa, for allegedly sharing a photo
of LTTE leader, Velupillai Prabhakaran. “Suspect arrested for promoting LTTE through social media,” Adaderana.lk, May 3,
2021, http://www.adaderana.lk/news/73524/suspect-arrested-for-promoting-ltte-through-social-media (accessed
November 7, 2021).
117 “Sri Lanka: Tamil journalist arrested for social media posts,” International Federation of Journalists, December 3, 2020,
https://www.ifj.org/es/centro-de-medios/noticias/detalle/category/press-releases/article/sri-lanka-tamil-journalist-

Human Rights Commission, Kokulathasan’s lawyer wrote, “my client had only posted on
his Facebook wall several photographs of bereaved relatives commemorating their loved
ones [who were killed during the civil war]... The photographs were captioned with poetic
texts expressing the grief and sentiments of those relatives.” 118 He remains in custody.
The PTA has also been used to attempt to suppress memorialization events organized by
members of the Tamil community to commemorate people who died during the civil war.
Prior to planned memorialization events in May 2021, the authorities issued orders
banning memorialization events on the basis that they “glorify” a banned terrorist
organization, the LTTE, which is an offense under the PTA. For instance, police arrested 10
people on May 18, 2021 at Kalkudah near Batticaloa for organizing a memorial event. 119
They were released on bail on December 8. 120
“I have appeared in [PTA] cases where suspects were taken into custody while they were
appearing at a protest,” a lawyer told Human Rights Watch. “There have been cases where
people participating in commemorations [of people who died during the civil war] were
taken into custody.” 121
“Banning of memorialization [events] under the guise of PTA and under the guise of Covid
has occurred,” another lawyer said. “Using the PTA or the ICCPR Act 122 to curb
memorialization is nothing new.” 123 The Amendment Bill published in January 2022 would
have no effect on these abuses.
arrested-for-social-media-posts.html (accessed November 7, 2021). The detainee’s last name is sometimes written Kokilan
Thasan.
118 Inform Human Rights Documentation Centre, “Repression of Dissent in Sri Lanka: July-Sep 2021,” November 24, 2021,
https://www.inform.lk/repression-of-dissent-in-sri-lanka-july-sep-2021/ (accessed December 13, 2021).

119 “10 arrested for commemorating LTTE leader in Kalkudah,” Daily Mirror, May 18, 2021,
https://www.dailymirror.lk/breaking_news/10-arrested-for-commemorating-LTTE-leader-in-Kalkudah/108-212234 (accessed
November 7, 2021).
120 Aazam Ameen, “10 held under PTA for remembering victims of war released after 7 months,” The Morning, December 8,
2021, https://www.themorning.lk/10-held-under-pta-for-remembering-victims-of-war-released-after-7-months/ (accessed

December 10, 2021).
121 Human Rights Watch telephone interview, lawyer MM, details withheld, October 5, 2021.
122 The 2007 ICCPR Act established the International Covenant on Civil and Political Rights in Sri Lankan law, but is frequently
misused to prosecute members of minority communities under a provision that criminalizes the advocacy of “national, racial
or religious hatred that constitutes incitement to discrimination, hostility or violence.” See “Misuse of ICCPR Act and Judicial
System to Stifle Freedom of Expression in Sri Lanka,” Civicus, July 5, 2019,
https://monitor.civicus.org/updates/2019/07/05/iccpr-act-and-judicial-system-being-misused-stifle-freedom-expression-
sri-lanka/ (accessed November 9, 2021).

Use of Counterterrorism Authority to Suppress Civil Society
The Rajapaksa administration has reversed the partial reopening of civil society space
made under the previous Sirisena administration. The abuse of the government’s
counterterrorism authority has been a key plank in this strategy. Intelligence and security
agencies, including the Terrorism Investigation Division (TID) of the police, have intrusively
surveilled and intimidated victims of past abuses and their families, human rights
defenders working on their behalf, as well as the families of people detained under the
PTA, civil society organizations seeking to support them, and other groups working on
unrelated issues. 124 Frequently, the authorities use powers under the PTA to threaten or in
some cases detain people for exercising their rights. The government’s Amendment Bill
includes no provisions that would curb such abuses.
The use of counterterrorism measures as a pretext and tool to suppress civil society is
most pervasive in the Tamil and Muslim majority regions of the north and east. A lawyer
representing Tamil clients in human rights cases said that even lawyers live in fear, and
that their organization had received an official notice in 2021:
Our organization and some of our partner organizations were sent a letter
under the PTA requiring us to give details of our work. Our staff, and other
human rights activists, also feel fear because they can make any allegation
and arrest us. No lawyers from Jaffna [city in the north] are willing to appear
with me. They can be put in custody without a charge sheet. This is very
dangerous nowadays. We can’t talk about human rights. We can’t talk
about the government. We have to be very careful when we work. When we
do work, they [police and intelligence agencies] follow us. They followed me
124 Human Rights Watch, “Sri Lanka: Families of ‘Disappeared’ Threatened,” February 16, 2020,
https://www.hrw.org/news/2020/02/16/sri-lanka-families-disappeared-threatened (accessed November 3, 2021); Human

Rights Watch, “Sri Lanka: Security Agencies Shutting Down Civic Space,” March 3, 2020,
https://www.hrw.org/news/2020/03/03/sri-lanka-security-agencies-shutting-down-civic-space (accessed November 3,
2021); Human Rights Watch, “Sri Lanka: Due Process Concerns in Arrests of Muslims,” April 23, 2020,
https://www.hrw.org/news/2020/04/23/sri-lanka-due-process-concerns-arrests-muslims (accessed November 3, 2020);
Human Rights Watch, “Sri Lanka: Human Rights Under Attack,” July 29, 2020, https://www.hrw.org/news/2020/07/29/sri-
lanka-human-rights-under-attack (accessed November 3, 2021); “Report of the Fact Finding Mission to Batticaloa to Study
the Impact of the Easter Sunday Bombings,” January 4, 2021,
January 5, 2022).

and my staff when we went to the Human Rights Commission [of Sri Lanka]
to complain. 125
A Muslim activist said that many Muslims in particular fear the government could use false
allegations related to the Easter Sunday bombings as a pretext to arrest them. “That would
be enough,” he said. 126 A human rights activist based in the north said, “They are using
PTA to create fear among activists. When we talk to the families of the disappeared, they
say they can be arrested at any time because they are arresting people for [posting]
pictures on Facebook. They can arrest you for anything.” 127
Several activists described visits to their homes or offices by members of the TID, the
Criminal Investigation Department (CID), or intelligence services. “When an intelligence
officer goes to your home and asks where you are working then there is a subtle pressure
from the family front,” said an activist who lives in Colombo. “It’s much worse in the north
and east, [or] Kandy. Such visits are much more common.” 128
Targeting Activist Groups

The pretext of targeting “terrorist financing” has been used by the Rajapaksa
administration to curtail funding for civil society groups without any evidence that they are
channeling money to violent extremists. While the TID and other security agencies demand
access to organizations’ financial records, the central bank has interfered in international
transfers of funds to such groups. 129
One activist said their organization had received a visit from TID in 2021 demanding to
inspect records of suspected “terrorist financing.” 130 Another said their organization
experienced over a month’s delay in having an international transfer of funds released by
the central bank, with no explanation given. 131 A third activist, who is based in the north,
125 Human Rights Watch telephone interview, lawyer II, details withheld, June 25, 2021.
126 Human Rights Watch telephone interview, human rights defender CC, details withheld, April 7, 2021.
127 Human Rights Watch telephone interview, human rights defender BB, details withheld, July 1, 2021.
128 Human Rights Watch telephone interview, human rights defender EE, details withheld, May 5, 2021.
129 Human Rights Watch telephone interview, human rights defender CC, details withheld, June 29, 2021.
130 Human Rights Watch telephone interview, human rights defender FF, details withheld May 7, 2021.
131 Human Rights Watch telephone interview, human rights defender CC, details withheld, June 28, 2021.

said that “They [the TID] regularly visit the NGOs and talk about the financial reports and
staff lists and phone numbers. TID visits the NGOs regularly, it’s kind of routine.” 132
On February 25, 2021, while Sri Lankan activists and human rights groups were engaging
with the 46th session of the UN Human Rights Council in Geneva, the Rajapaksa
administration published a list designating hundreds of individuals and organizations as
“terrorist.” 133 Among those listed were some who were already under PTA detention, such
as Dr. Sinnaiya Sivaruban, a judicial medical officer at Palai Hospital in Kilinochchi, who
had served as a medical witness in human rights cases, who was arrested by the TID on
August 18, 2019. 134 However, the majority of those listed were members of the Tamil
diaspora, including several mainstream organizations outside of Sri Lanka that were
engaged in advocacy at the Human Rights Council at the time they were listed.
Human rights activists in the country said these designations had a long-term chilling
effect on civil society groups, and particularly on victims of past abuses and their families.
Many within Sri Lanka, especially in the north and east, were in contact with the
designated diaspora groups or individuals and some received charitable funding through
them. Those contacts left them vulnerable to accusations of terrorist activity.
The list “created a lot of fear,” said an activist based in the north, who pointed out that
many mothers of victims of enforced disappearance have received funds from the
designated diaspora groups to support their campaign to learn the fate of their missing
children and to seek accountability. 135 Another activist, in the east, said the designations
had caused “huge concern.” 136 “Victims will be at huge threat if they try to make contact
with those designated,” the activist said. “So we have to try to secure them.”
132 Human Rights Watch telephone interview with human rights defender HH, details withheld, June 8, 2021.
133 The Gazette of the Democratic Socialist Republic of Sri Lanka No. 2216/37, February 25, 2021,
http://fiusrilanka.gov.lk/docs/UNSCR/List/2216_37/2216_37_E.pdf (accessed November 4, 2021).

134 “Tamils protest arrest of doctor with ‘expertise to expose war crimes’,” The Leader, 31 August 2019,
https://english.theleader.lk/news/484-tamils-protest-arrest-of-doctor-with-expertise-to-expose-war-crimes (accessed
November 4, 2021). Dr Sinnaiya Sivaruban also appeared in a United States embassy cable leaked by Wikileaks, in which he
is cited sharing information with the US government, see “SRI LANKA: CONDITIONS DETERIORATING IN JAFFNA; EMBASSY
INTERLOCUTORS LEAVING,” July 25, 2007, https://wikileaks.org/plusd/cables/07COLOMBO1036_a.html (accessed
November 4, 2021).
135 Human Rights Watch telephone interview, human rights defender BB, details withheld, April 6, 2021.
136 Human Rights Watch telephone interview, human rights defender, CC, details withheld, April 7, 2021.

A representative of a diaspora group designated as “terrorist,” which was widely viewed as
a mainstream organization campaigning for accountability, said that since the listing they
were no longer able to financially support any humanitarian and welfare causes inside
Sri Lanka. 137
Prolonged Arbitrary Detention and Unfair Trials

On October 11, 2021, Kapilan Kathiravelu was acquitted at trial after being held under the
PTA for 12 years since the age of 17. He had been accused of links to the LTTE, for which
prosecutors were unable to produce sufficient evidence. 138 On December 14 the Colombo
High Court acquitted another long-term prisoner, Thevarasa Sivapalan, 45, who had been
held under the PTA for 15 years, accused of gun smuggling. 139
Scores of Tamils have been detained under the PTA for many years, either awaiting trial or
following convictions based on confessions obtained under torture. Sri Lankan activists
handling cases of PTA detainees say that some have been in custody for decades awaiting
trial, or during trials lasting years. Many prisoners have said they did not have adequate
legal representation. Appeals processes can also last many years.
Barmasiri Chandraiyer Ragupathi Sharma, a Hindu priest, arrested under the PTA in February
2000 for suspected involvement in an LTTE bombing at Colombo town hall, has spent over
20 years in prison. 140 A medico-legal report from 2002 confirms that the injuries, burns, and
scars observed on his body are consistent with the torture he reported. He has alleged that
he was unable to obtain legal representation for at least 18 months. He was later sentenced
to 300 years in prison. His case has been on appeal since 2015. His wife, who was also
arrested, was acquitted in 2015 after spending 15 years in detention.
137 Human Rights Watch telephone interview, diaspora organization TT, details withheld, April 10, 2021.
138 “Tamil political prisoner acquitted after 12 years in Sri Lankan jail,” Tamil Guardian, October 12, 2021,
https://www.tamilguardian.com/content/tamil-political-prisoner-acquitted-after-12-years-sri-lankan-jail (accessed
December 10, 2021).
139 Savitri Hensman, “An Unjust Justice System Needs to Be Changed,” Groundviews, December 28, 2021,
https://groundviews.org/2021/12/28/an-unjust-justice-system-needs-to-be-changed/ (accessed January 5, 2022).

140 Ambika Satkunanathan, “False Promises: The Myth of Security and the Prevention of Terrorism Act,” Groundviews, July 14,
2021, https://groundviews.org/2021/07/14/false-promises-the-myth-of-security-and-the-prevention-of-terrorism-act/
(accessed January 5, 2022).

Vikneswaranathan Paartheepan was arrested when he was 19, and has been in detention
for nearly 25 years. 141 He was arrested after a bomb blast in his Colombo neighborhood,
seemingly because he was the only person shouting in Tamil. He says he was tortured during
interrogation in police custody. He was convicted in 2002 and sentenced to life
imprisonment. He appealed in 2002 against the verdict and the case is ongoing.
A man said he had been in PTA detention since August 2009 when a group of people in
civilian clothing approached him and told him to go with them. 142 He was put into a jeep,
blindfolded, and handcuffed, and then beaten. In December 2012, he was produced in the
High Court for the first time, and the case is ongoing.
A man who had been forcibly recruited by the LTTE as a child said he was arrested by police
in 2009 and has remained in detention for over 12 years. 143 His family learned about his
whereabouts nearly three years after his arrest. He was repeatedly assaulted during
interrogation with wires and metal cables and asked to sign a document written in Sinhala
that he says was not explained to him. When he refused to sign the document, he was
beaten until he signed. He was sentenced to life imprisonment in 2017, which he appealed.
The case is ongoing.
141 Ibid.
142 Material provided to Human Rights Watch by a Sri Lankan lawyer, September 13, 2021, details withheld.
143 Ibid.

Recommendations
To the Government of Sri Lanka

• Impose an immediate moratorium on the use of the Prevention of Terrorism Act,
promptly repeal the law, and ensure any counterterrorism legislation enacted
meets Sri Lanka’s obligations under international human rights law.
• End efforts to amend the PTA with superficial amendments that do not address the
documented failings of the law.
• Promptly review all cases of detainees held under the PTA and unconditionally
release everyone detained without a justified legal basis or for exercising rights
protected under international law.
• Any proposed counterterrorism law needs to comply with Sri Lanka’s international
human rights obligations and include:
Safeguards at the time of arrest

o Instructing arresting officers to identify themselves and inform the detainee of
the reason for their arrest, in a language understood by that person;
o Making it mandatory to issue an arrest receipt at the time of arrest, in a
language understood by the detainee;
o Establishing objective criteria before warrantless arrests and searches are
carried out under the PTA;
o Requiring that the arrest of a female suspect be carried out by a female officer or
in the presence of a female officer, ensuring that the questioning of a female
suspect is undertaken by a female officer or in the presence of a female officer,
and ensuring that the search of a female suspect is always be conducted by a
female officer;
o Ensuring that PTA detainees are only held at authorized places of detention;
o Ensuring that PTA detainees have access to lawyers;
o Ensuring that a detainee’s family is informed of any transfer to a different place
of detention;
o Providing records of all PTA detentions to judicial authorities, as well as to the
family and lawyers of detainees;

Safeguards against arbitrary detention
o Amending section 7 to allow a magistrate to release suspects detained under
PTA on bail at their discretion, without requiring the consent of the attorney
general. Provisions of the Bail Act should apply, and bail should be denied only
if any of the exceptional circumstances set out in the Bail Act are met;
o Ensuring that administrative detention orders for PTA prisoners are only issued
by a court, not by the minister of defense as currently. All orders should be
reviewed and renewed on a monthly basis;
o Providing copies of the detention orders to the detainee, their family, legal
representative, and the Human Rights Commission within 24 hours;
o Ensuring that PTA detainees can communicate with their family and lawyers;
o Incorporating rights and protections provided under the Sri Lankan Constitution
and in other Sri Lankan laws into the PTA.
Safeguards against torture

o Repealing section 16, which allows confessions made to a police officer to be
admissible as evidence. Consistent with other offenses under the Evidence
Ordinance, admissible confessions should only be made to a judicial authority,
and in a language the suspect understands;
o Repealing sections 7(3) and 15(a), which give blanket authorization for detention
without judicial oversight or other protections, facilitating torture;
o Requiring magistrates to make unannounced visits, at least weekly, to check on
PTA detainees, speaking to them without guards present, to reduce the risk of
torture in custody;
o A guarantee of prompt medical attention to detainees upon request;
o Directing the inspector general of police to investigate any suspicion of torture
found in medical reports.
• Adopt the benchmarks set out by seven UN special rapporteurs including to employ
definitions of terrorism consistent with international norms; to ensure legal
certainty, especially where it may impact rights to freedom of expression, opinion,
association, and religion or belief; to prevent and halt arbitrary deprivation of
liberty; to prevent torture and enforced disappearance; due process and fair trial
guarantees, including judicial oversight and access to legal counsel.
• Undertake a consultative process with victim rights and other civil society groups,
human rights lawyers, and relevant experts regarding any proposed replacement or
revision of the PTA.

• Investigate all reports and allegations of torture and other ill-treatment of
detainees and appropriately discipline or prosecute all officials responsible,
regardless of position or rank.
• End arbitrary surveillance, intimidation and arrests of human rights defenders,
minority community members, and victims’ families.
• Publicly denounce groups and individuals whose comments and acts incite
violence, discrimination and hostility including against Muslims, Tamils,
and other minorities.
• Take action necessary to restore the independence of the Human Rights
Commission of Sri Lanka and other government institutions that promote respect
for human rights.
• Remove all those credibly alleged to have committed war crimes and serious
human rights violations from official positions pending independent, impartial,
and transparent investigations.
To the Human Rights Commission of Sri Lanka

• Actively and independently fulfil the commission’s mandate to monitor places of
detention and the welfare of detainees, including by conducting regular,
unannounced visits to meet with PTA detainees without guards present, to
investigate whether mistreatment or torture is occurring.
• Systematically record evidence of mistreatment and abuses, including attempts to
coerce detainees into making confessions, denial of access to lawyers, or attempts
to dissuade detainees from seeking legal remedy.
• Actively investigate torture allegations, including by obtaining medical reports and
interviewing alleged perpetrators.
• Engage with detainees’ families to proactively obtain information about cases, and
to support them in obtaining legal representation.
• Co-operatively engage with human rights defenders and civil society organizations
that seek to monitor the use of the PTA, to protect the rights of detainees and to
support the families of detainees.

To International Trading Partners, Donors, and the United Nations
• Publicly call upon the Sri Lanka government to comply with its international human
rights obligations and cooperate with investigations by United Nations human
rights experts.
• Maximize leverage provided by trading schemes such as the European Union’s and
the United Kingdom’s Generalised Scheme of Preferences to press the Sri Lankan
government to comply with its human rights obligations, including by bringing the
PTA and other legislation in line with international standards, as outlined by UN
Special Procedures, and by adopting an immediate moratorium on its use and
immediately and unconditionally releasing those arbitrarily detained under
its provisions.
• Set clear benchmarks and timelines for Sri Lanka to meet its commitments to end
PTA-related abuses and adopt measures to address other human rights concerns.
• Adopt the recommendation by UN High Commissioner for Human Rights Michelle
Bachelet in her January 2021 report that UN member states consider imposing
targeted sanctions “against State officials and other actors credibly alleged to have
committed or be responsible for grave human rights violations or abuses” in Sri
Lanka. This includes action under the UK Global Magnitsky law; the US Global
Magnitsky Law, and the EU Human Rights Sanctions Regime. Individuals who
should be considered for sanctions include:
o Gen. Shavendra Silva, chief of defense staff. During the final months of the
civil war in 2009, General Silva commanded the 58th Division of the Sri
Lankan army. The 2015 OHCHR Investigation of Sri Lanka (OISL) report
found evidence that soldiers from the 58th Division were responsible for
shelling protected targets including civilians, hospitals and infrastructure
used by the UN, extrajudicially executed prisoners, and torture. 144 In 2020,
Silva was banned from travelling to the United States due to “credible
information of his involvement, through command responsibility, in gross
violations of human rights, namely extrajudicial killings, by the 58th Division of
the Sri Lanka Army during the final phase of Sri Lanka’s Civil War in 2009.” 145

145 Public Designation, Due to Gross Violations of Human Rights, of Shavendra Silva of Sri Lanka Under Section 7031(c) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, February 14, 2021, https://2017-
2021.state.gov/public-designation-due-to-gross-violations-of-human-rights-of-shavendra-silva-of-sri-lanka-under-section-

o Gen. (retd.) Kamal Gunaratne, defense secretary. At the end of the war in 2009,
General Gunaratne commanded the 53rd Division of the Sri Lankan army, which
participated in fighting in which civilians, hospitals and other protected targets
were repeatedly shelled, including Putumattalan hospital and the UN hub in
February 2009. The OISL report also found evidence that soldiers of the 53rd
Division were responsible for extrajudicially executing and torturing
prisoners. 146 Immediately after the war, Gunaratne was made the Competent
Authority in charge of over 200,000 internally displaced people (IDPs) who
were illegally held in deplorable conditions, some of whom were subjected to
torture and enforced disappearance.
o Vinyagamoorthy Muralitharan, previously known as Col. Karuna Amman, is
a former LTTE commander who changed sides in 2004 to form a pro-
government armed group. While an LTTE commander, he was implicated in
the summary execution of hundreds of police officers and civilians, and the
recruitment of child soldiers. 147 Reports by the UN and others found that the
Karuna-led armed group was responsible for the extensive recruitment and
use of children in armed conflict, enforced disappearances, and torture. 148
He is one of few surviving former LTTE leaders.
• Support victims of rights abuses, victims’ families, and human rights defenders by
pressing the Sri Lankan government publicly to end arbitrary surveillance,
intimidation, and arrests.
• Provide financial assistance to civil society organisations offering legal and other
support to detainees and their families.
• Call upon the Sri Lankan government to stop freezing funds for civil society groups
or intimidating defenders through arbitrary investigation of alleged “terrorist
financing.”
7031c-of-the-department-of-state-foreign-operations-and-related-programs-appropriations-a/index.html (accessed
December 14, 2021).

147 “Sri Lanka: Probe into LTTE Crimes Should Start with Karuna,” Human
Rights Watch, March 28, 2013,
https://www.hrw.org/news/2013/03/28/sri-lanka-probe-ltte-crimes-should-start-karuna (accessed January 5, 2022).
148 “Zeid urges creation of hybrid special court in Sri Lanka as UN report confirms patterns of grave violations,” OHCHR,
September 16, 2015, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16432&LangID=E

(accessed January 5, 2021); Working Group on Enforced or Involuntary Disappearances Post-sessional document,
A/HRC/WGEID/100/1, September 27, 2013, https://www.ohchr.org/Documents/Issues/Disappearances/A-HRC-WGEID-100-
1_en.pdf (accessed January 5, 2021); Report of the OHCHR Investigation on Sri Lanka, A/HRC/30/CRP.2, September 16, 2015,

• Regularly engage with civil society groups including those promoting
minority rights.
• Condition the direct and indirect supply, sale, or transfer of all weapons,
munitions, and other military-related equipment, including dual-use goods such as
vehicles, communications, and surveillance equipment, as well as the provision of
training, intelligence, counterterrorism, and other security assistance on the
government’s demonstrated commitment to reform its human rights record.
• Ensure that support to Sri Lankan security forces delivered by UN agencies
including UNODC complies with the UN due diligence policy on human rights.
• Support the UN Sri Lanka Accountability Project set up under Human Rights Council
resolution 46/1 (2021).
• Following the decision by the Global Alliance of National Human Rights
Organisations to downgrade the Human Rights Commission of Sri Lanka–which
currently vets members of the Sri Lankan security forces prior to their deployment
as UN peacekeepers - to “B” status, press for rigorous and independent vetting of
Sri Lankan security forces before any deployment to UN missions.

Acknowledgments
This report was researched and written by Human Rights Watch staff, and edited by
Meenakshi Ganguly, South Asia director. It was reviewed by James Ross, legal and policy
director; John Fisher, Geneva advocacy director; Claudio Francavilla, European Union
advocate; Letta Tayler, associate crisis and conflict director; and by Joseph Saunders,
deputy program director. Production and editorial assistance were provided by Shivani
Mishra and Racqueal Legerwood, with the Asia Division; and Travis Carr, senior
publications coordinator.
Human Rights Watch would like to thank our external reviewers, and all the experts and
activists who kindly agreed to speak with us. For security reasons, those who helped with
the report have chosen to remain anonymous. We acknowledge all the critical work
conducted by Sri Lankan organizations, activists, and lawyers to demand truth and
accountability and struggle for an open society in Sri Lanka.

Appendix 1: Human Rights Watch Letters to the Human
Rights Commission of Sri Lanka, the Attorney General
of Sri Lanka, and the United Nations Office
on Drugs and Crime
On December 9, 2021, Human Rights Watch sent letters to the Attorney General of the
Government of Sri Lanka, Sanjay Rajaratnam, P.C, the Human Rights Commission of Sri
Lanka, and the United Nations Office on Drugs and Crime. A copy of the letters is on the
following page.

Appendix 2: Responses from the Human Rights
Commission of Sri Lanka and the United Nations Office
on Drugs and Crime
The Human Rights Commission of Sri Lanka responded the letter from Human Rights Watch
set forth above on January 7, 2022, and the United Nations Office on Drugs and Crime
responded on December 21, 2021. Their responses have been reproduced on the following
pages. Human Rights Watch had not received a response from the Attorney General at the
time of writing this report.

Appendix 3: Unofficial English translations of Sinhala
documents included in the response to Human Rights
Watch from the Human Rights Commission of Sri Lanka
Annex A
IGP Office
CRTM_285
2019.07.26
From the IGP

To all : senior DIGs
DIGs
Officers in command
Officers in charge of division (active/regional)
SPs, ASPs (active/regional)
HQIs, OICs
Instructions regarding the implementation of law when arresting persons
The HRCSL provides the following guidelines to prevent illegal and arbitrary arrest
of persons, when persons who are enforcing the law are arresting people.
1. Whenever an arrest is to be made there should be solid evidence to form a

reasonable suspicion pursuant to proper investigations. Arrests should not
be made merely on hearsay.
2. Where cultural issues are involved, such as the identification of religious
symbols or identifying contents written in another language, proper expert
opinion should be obtained.
3. Where identification of chemical substances or contents of computer files or
video footage or the like are involved, expert opinion should be obtained.
4. It is vital that the arrests are made not before, but after receiving credible
information based on expert analysis and opinion, and on reasonable
suspicion

Arbitrary arrests are a violation of the fundamental rights mentioned in the
constitution. Naomi Michelle Colemen v AG (SC FR 136/2014 S.C.M.) – arrest of Ms.
Colemen for displaying a tattoo with lord Buddha, detention and deporting were
found to be in violation of the Constitution’s articles 12(1) and 13(1). The Supreme
Court also decided that there is no possibility of public protest, even though the
police alleged so, due to the display of such a tattoo.
HQIs and OICs should take actions to make all police officers aware of the
instructions above.
Signed
C.D.Wickramaratne
Acting IGP
Annex 3
HRCSL letterhead
2022.01.04
Mr. C.D.Wickramaratne
IGP
Police headquarters
Colombo 01
Regarding suspects arrested under the Prevention of Terrorism Act
As per article 28 of the Human Rights Commission of Sri Lanka (HRCSL) act,
1. When a person is arrested or detained, as opportunity arises, 149 no later than

48 hours from that time, inform [HRCSL] of the arrest or detention/the place
of detention.
2. Concerning a person arrested and detained as mentioned above, inform
HRCSL when such a person is released or is transferred to a different place of
detention.
149 Sinhala word used is щỆ ỌỔ

Ẫ ỖỦỆ о₇ Ẩ

Therefore, for HRCSL to monitor the notices sent by different police stations to
HRCSL as per article 28 of the HRCSL Act, we hereby inform you to send us a
monthly list of arrests (format is attached).
Also, when a person in detention or a person who has been arrested is released or is
transferred to a different place of detention, HRCSL is not duly informed – therefore
your officers should be informed about that. I further inform you to provide
instructions to your officers to use the format attached here in that regard.
Signed
Retired SC justice Rohini Marasinghe
Chair
HRCSL
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“In a Legal Black Hole”

Sri Lanka’s Failure to Reform the Prevention of Terrorism Act

For more information, please visit our website: http://www.hrw.org

“In a Legal Black Hole”

I. Repealing the PTA: Decades of Delay ............................................................................... 14

II. Ongoing PTA Abuses ...................................................................................................... 38

Appendix 3: Unofficial English translations of Sinhala documents included in the response

1 HUMAN RIGHTS WATCH | FEBRUARY 2022

The Rajapaksa government has rejected pledges by the previous administration of

“IN A LEGAL BLACK HOLE” 2

3 HUMAN RIGHTS WATCH | FEBRUARY 2022

Sri Lanka’s Abusive Counterterrorism Law

“IN A LEGAL BLACK HOLE” 4

5 HUMAN RIGHTS WATCH | FEBRUARY 2022

“IN A LEGAL BLACK HOLE” 6

On March 9, 2021, President Rajapaksa introduced the Prevention of Terrorism (de-

Ongoing Violations Under the Prevention of Terrorism Act

7 HUMAN RIGHTS WATCH | FEBRUARY 2022

In previously undisclosed information provided to Human Rights Watch on January 7, 2022,

Among other high-profile cases, Murugupillai Kokulathasan, a freelance Tamil journalist,

“IN A LEGAL BLACK HOLE” 8

International Efforts on Rights Protection

9 HUMAN RIGHTS WATCH | FEBRUARY 2022

“IN A LEGAL BLACK HOLE” 10

11 HUMAN RIGHTS WATCH | FEBRUARY 2022

“IN A LEGAL BLACK HOLE” 12

13 HUMAN RIGHTS WATCH | FEBRUARY 2022

1 Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979,

“IN A LEGAL BLACK HOLE” 14

15 HUMAN RIGHTS WATCH | FEBRUARY 2022

Criticism of the PTA

https://www.cpalanka.org/the-need-to-repeal-and-replace-the-prevention-of-terrorism-act-pta/ (accessed November 8,

January 31, 2022, https://www.cpalanka.org/commentary-on-prevention-of-terrorism-temporary-provisions-amendment-bill-

“IN A LEGAL BLACK HOLE” 16

https://documents-dds-ny.un.org/doc/UNDOC/GEN/G99/164/72/PDF/G9916472.pdf?OpenElement (accessed November 8,

July 8, 2016, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G16/146/63/PDF/G1614663.pdf?OpenElement (accessed

https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22543&LangID=E (accessed November 8, 2021).

to Sri Lanka, A/HRC/34/54/Add.2, December 22, 2016, https://sangam.org/wp-content/uploads/2017/01/SR-Torture-report-

17 HUMAN RIGHTS WATCH | FEBRUARY 2022

The most frequently abused provisions include:

“IN A LEGAL BLACK HOLE” 18

(accessed November 7, 2021)

19 HUMAN RIGHTS WATCH | FEBRUARY 2022

https://undocs.org/en/A/HRC/RES/30/1 (accessed November 18, 2021).

https://www.hrw.org/sites/default/files/report_pdf/srilanka0118_web_0.pdf (accessed November 7, 2021). According to a

“IN A LEGAL BLACK HOLE” 20

pta-hrcsl-responds-to-president/ (accessed November 7, 2021). The HRCSL’s recommendations were based

21 HUMAN RIGHTS WATCH | FEBRUARY 2022

“IN A LEGAL BLACK HOLE” 22

International Calls to Reform the PTA

22 “GANHRI Sub-Committee on Accreditation Report – October 2021”, December 2021,

https://www.ohchr.org/Documents/Countries/NHRI/GANHRI/SCA-Report-October-2021_E.pdf (accessed December 14,

https://www.ohchr.org/en/hrbodies/hrc/pages/oisl.aspx (accessed November 9, 2021).

A/HRC/RES/30/, October 1, 2015, https://documents-dds-

Council,” Sri Lankan Foreign Ministry, February 27, 2020, https://mfa.gov.lk/statement-made-by-minister-of-foreign-

23 HUMAN RIGHTS WATCH | FEBRUARY 2022

27 “Promotion of reconciliation, accountability

while countering terrorism and six others LKA7/2021, December 9, 2021,

“IN A LEGAL BLACK HOLE” 24

A freedom of information application by Human Rights Watch, seeking further details of UK