Former Bar Association of Sri Lanka President and inaugural Office on Missing Persons Chairman Saliya Pieris, PC, has called for stronger safeguards against the long-standing abuse of laws such as the Prevention of Terrorism Act (PTA), the International Covenant on Civil and Political Rights (ICCPR) Act and Emergency Regulations.
In a statement posted on Facebook, Pieris said lawyers and human rights advocates had for years criticised the use of these laws, arguing that they had frequently been used to keep individuals in custody for extended and unnecessary periods. He further noted that their application had contributed to a culture of torture and cruel, inhuman, and degrading treatment in police stations and prisons.
Pieris stressed that decisions relating to detention should be made by judges acting according to law rather than executive authorities.
“That is why detention in custody must be left to be decided by judges acting according to law rather than executive functionaries, whether they be Presidents, Ministers, Secretaries or Police Officers,” he said.
He also observed that some individuals who had previously defended or enforced such laws were now finding themselves subject to the same legal provisions, while others who had once advocated for their repeal later relied on them after assuming positions of authority.
Pieris maintained that constitutional rights and legal protections must apply equally to all individuals regardless of the allegations against them or their social or political standing.
“Every person is entitled to human dignity, the protection of the law and the freedoms guaranteed by Article 11 of the Constitution,” he said.
Source: Daily FT