PSTB sharply deviates from expert committee’s report

The National People’s Power (NPP) government has ignored the recommendations made by a Committee led by Senior President’s Counsel Rienzie Arsekularatne regarding the Protection of the State from Terrorism Act (PSTA). The Committee, consisting of officials from various government agencies and legal professionals, disagreed with the majority report on three key aspects of the proposed legislation.

Former BASL President Saliya Pieris, who was a member of the Committee, expressed concerns over the definition of Terrorism, which he deemed too broad and susceptible to abuse by authorities. He also criticized the administration of detention, arguing that it should be within the purview of judicial officers rather than the Secretary to a Ministry. Additionally, Pieris was dissatisfied with the power to proscribe organizations, believing it should be reserved for judicial authorities.

Despite agreeing on several provisions, such as limiting the detention period and enabling Magistrates to grant bail in the absence of evidence against suspects, Pieris noticed significant deviations in the final Bill introduced to Parliament. These changes, particularly concerning bail provisions and the process of extending detention, went unnoticed by the Committee members. The Committee was unaware of the reasons behind these alterations or who implemented them without consulting the group.

Upon identifying the discrepancies, Pieris wrote to the Committee Chairman, highlighting how the Bill deviated from the Committee's recommendations. If approved as is, the PSTA would perpetuate prolonged detention, compeling Magistrates to remand suspects even without sufficient evidence. The potential for abuse by the current political regime, the police, and security forces, reminiscent of the past PTA, remains a pressing concern.