On 29th October 2024, the Director-General (Legal) at the Presidential Secretariat, Attorney at Law JM Wijebandara, representing the Government stated that the issue was not the PTA’s existence as our law, but rather its misuse to detain civil activists, journalists, and others. He stated that the Government would not allow such misuse and that the PTA would only be applied based on “credible intelligence information, and it will not be used for political revenge”. On the same day, Cabinet Spokesman Minister Vijitha Herath stated: “There is a discussion on abolishing the PTA. We can only talk about changing the Act when the new Parliament is elected.” The Lawyers’ Collective expresses its grave concern regarding statements indicating that the PTA will be retained.
The National People’s Power (NPP), in its Election Manifesto of August 2024, commits to the “Abolition of all oppressive acts including the Prevention of Terrorism Act (PTA) and ensuring civil rights of people in all parts of the country” (p.129). During the recent presidential election campaign, and even before, the NPP actively advocated against the PTA and the abuse of its powers and has also opposed new laws that are similarly oppressive. It is of serious concern therefore, that after the people endorsed a mandate to repeal the PTA at the recent Presidential elections, the recent statements of the NPP government undermine the commitment made to the people.
The PTA, enacted in 1979, is well known as a draconian piece of legislation with broad emergency-like executive powers, but enacted for use in ordinary times as well. The provisions and scheme of the PTA fail to protect fundamental rights such as freedom from arbitrary arrest, freedom from torture and freedom of expression. The PTA, as implemented by successive governments since its enactment, has caused unmeasurable human suffering in the form of torture, long-term detentions and instilling fear in minorities and those critiquing the government. The PTA has a record of being used as a weapon and continue to be used against any citizen with impunity. The call for its repeal has been resounding from within the country as well as internationally. There has been wide support for its repeal by political parties in recent years, but successive governments have continued to retain it after taking office.
President Anura Kumara Dissanayake must honour the commitment to repeal the PTA. The statement made on behalf of the government by Director General (Legal), Presidential Secretariat, J M Wijebandara must be unequivocally clarified, and a clear commitment to repealing the PTA be made public. This clarity and leadership are necessary to build public confidence that the government stands for the repeal of the PTA.
The Lawyers’ Collective also calls on all political parties to commit to multi-partisan support in the next Parliament to repeal the PTA. Parties must commit to ensure that Sri Lanka’s counter-terrorism legal framework complies with human rights safeguards. If emergency measures are needed in a given situation, all emergency powers must be strictly confined to periods of a declared state of emergency. These measures will strengthen the rule of law, democracy and human rights in the country and in turn, boost confidence in governance.
Yours faithfully,
On behalf of the Lawyers’ Collective
Mr. Upul Jayasuriya, President’s Counsel
Dr. Jayampathy Wickramaratne, President’s Counsel
Professor Savitri Goonesekere, Attorney-at-Law
Mr. Geoffrey Alagaratnam, President’s Counsel
Mr. M.A. Sumanthiran, President’s Counsel
Mr. Saliya Pieris, President’s Counsel
Mr. M.M. Zuhair, President’s Counsel
Mr. S.T. Jayanaga, President’s Counsel
Professor Deepika Udagama
Professor Camena Gunaratne
Rev. Fr. Noel Dias, Attorney-at-Law
Mr. Srinath Perera, Attorney-at-law
Ms. Ermiza Tegal, Attorney-at-Law
Mr. Sandamal Rajapakse, Attorney-at-Law
Mr. Manoj Nanayakkara, Attorney-at-Law
Mr. Amila Egodamahawatte, Attorney-at-Law
Mr. Jayantha Dehiaththage,Attorney-at-Law
Ajith / November 3, 2024
“The National People’s Power (NPP), in its Election Manifesto of August 2024, commits to the “Abolition of all oppressive acts including the Prevention of Terrorism Act (PTA) and ensuring civil rights of people in all parts of the country” (p.129). “
Most of the Political parties and Political leaders promised so many things in the past to remove the executive President, Finding lasting solution to the ethnic crisis, devolution of Power, removal of PTA, elimination of misuse of power etc.etc whether in public or in their manifestos. But nothing happened until 21st September 2024. There is now a new President from a new Political party and their is no parliament in this island and a new government will be elected by mid of this month. Both President and Parliament will have to make such changes to fulfil the promises made through manifesto. It is not the time to expect such changes happen now to assess the progress of this Government.
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old codger / November 4, 2024
Ajith,
What is stopping the Government from stating clearly that it will abolish the PTA? It doesn’t need Parliament to do that.
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Mani / November 5, 2024
OC, you are spot on. The NPP clearly stated that they would repeal the PTA in their manifesto, so all what they are doing is not honouring what is written in black and white there. Are your surprised? This will be the case with the executive presidency too whether they get a majority or not.
What have they done so far? Not renegotiated the DSA with IMF as promised. Accepted a loan by the World Bank after criticising previous governments for doing so. Made a few good and bad appointments. Denied that they said anything about bringing back money from Uganda. Indulged in gimmicks, i.e. the Great Motor Show on Galle Face, and arresting Johnie and Lohan (and wife) for possession of (home-assembled) cars without number plates in their garages! LOL! The two have committed far more serious crimes than having questionable vehicles in their garages. Doesn’t this all sound familiar? Remind you of a certain parliamentarian’s wife being arrested for fake information on her passport? At least, show a bit more imagination (perhaps not involving cars) if gimmicks are the order of the day for garnering a few more votes!
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old codger / November 5, 2024
Mani,
There was another drama a few days ago about a car found in a workshop, supposed to belong to Johnston. This eventually turned out to be an ancient Ford Laser.
If I was the IGP, I would give Johnny some money to take it away.🤣🤣
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leelagemalli / November 5, 2024
Mani,
thanks for not leaving us alone.
:
https://www.youtube.com/watch?v=XaBCNJhvCU4
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AKD is now being caught in the act. His cant last long…. see, we predicted this all along.
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deepthi silva / November 5, 2024
OC now you are an expert on law too ! !
There is an existing law. Can the President just abolish it ! ?
They will need a parliament for that.
These lawyers are a bunch of hypocrites.
Many of them have worked for various governments while the PTA was operating.
Several of them are even candidates from some political parties at the up=coming general elections.
Why didn’t they insist that this be in their manifestos ?
Some well known legal mudalalis are in this list
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old codger / November 5, 2024
O Deepthi the slow,
The President can use his mouth to announce that he will in future abolish the PTA, as he said in his manifesto, but instead his lawyer says it won’t be abolished.
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Ajith / November 5, 2024
“What is stopping the Government from stating clearly that it will abolish the PTA?”
Three pillars government are President, Parliament and Judiciary. There is no parliament at the moment. You need the Parliament to make a decision. There is a parliament election coming on 14th of November. Why you are hurry to remove now? Do I have to remind you that You had the opportunity to remove the PTA during the period of past two years with the President with nearly two third of Parliament support?
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old codger / November 5, 2024
Ajith,
You are pretending not to understand the question. The NPP in its manifesto promised to abolish the PTA. Now the President’s legal advisor says it won’t. The Parliament is only needed to implement the decision.
AKD doesn’t need a Parliament to announce that he will abolish the PTA.
“Why you are hurry to remove now? Do I have to remind you that You had the opportunity to remove the PTA” I have no opinion on the matter. I am only pointing out that AKD has changed his position
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Ajith / November 5, 2024
“I am only pointing out that AKD has changed his position”
“Now the President’s legal advisor says it won’t”
Not the President AKD! AKD is the President, not his advisor.
But Ranil said, not Ranils advisor.
what a Pathetic response?
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old codger / November 6, 2024
Ajith,
What has this got to do with Ranil? He isn’t the President.
AKD is the President, and his adviser says the PTA won’t be abolished. What is it you can’t understand?
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leelagemalli / November 6, 2024
OC,
Personal vendetta ? Ajith may be infected by RUCHIRA SYNDROME as of today.
.
DJ or the like pimps attacked RW in public. However people did not know why….
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Captain Morgan / November 3, 2024
If this government does not abolish the PTA we can take it to mean that it will not abolish the Executive Presidency either, as both these go hand-in-hand. All past governments have used these legal provisions to suppress dissent and opposition and stay in power for as long as possible.
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leelagemalli / November 4, 2024
CM,
.
https://www.youtube.com/watch?v=0Bhyhc4AxDM
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“All past governments have used these legal provisions to suppress dissent and opposition and stay in power for as long as possible.”
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AKD has the least knowledge to rule this nation…… What happened to the wonder maker ?
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leelagemalli / November 4, 2024
MEDIA minister lies, people suffer.
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https://www.youtube.com/watch?v=9G5g-tAeHdk
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old codger / November 4, 2024
CM,
The Executive Presidency won’t be abolished either, if the NPP doesn’t secure a majority, because then the NPP would be either a minority government with AKD as PM, or the Opposition to a coalition government of other parties.
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Ajith / November 5, 2024
“The Executive Presidency won’t be abolished either, if the NPP doesn’t secure a majority, because then the NPP would be either a minority government with AKD as PM, or the Opposition to a coalition government of other parties.”
You are right if NPP cannot remove executive Presidency if NPP Can’t get two third majority in Parliament because according to existing Constitution. You may remember RW promised to get rid of executive Presidency even he was able to get two -third majority in Parliament. Do you want say “he did not Promised”?
“Sri Lanka’s political parties are united on the need for restoration of democracy in Sri Lanka, removing the executive presidency and national reconciliation, Sri Lankan Prime Minister Ranil Wickramasinghe.
Updated – April 02, 2016 10:21 pm IST DOES SRI LANKA NEED TO
ABOLISH EXECUTIVE PRESIDENCY?
Posted on December 18th, 2018
BY EDWARD THEOPHILUS
Mr Ranil Wickremasinghe, the Prime Minister and the leader of UNP has expressed at the victory rally held in Galle Face ground that he will form a new political front, which predominantly focus on abolishing the executive presidency with a view to transforming the political system to a parliamentary democracy with a cabinet government.
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old codger / November 5, 2024
Ajith,
“You are right if NPP cannot remove executive Presidency if NPP Can’t get two third majority in Parliament because according to existing Constitution.”
It will have a 2/3 majority because the SJB will support. But the NPP WON’T do it.
But you are the one promoting NPP as better than Ranil. If NPP too says one thing before the election, and another thing after, how is it better?
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Ajith / November 5, 2024
What a confident in SJB?
Yes I am fed up with Ranil, Rajapaksa, UNP and SLPP Politics. Anura is much better than Ranil. Ranil is not only a racist, Fundamentalist. The people of this country never wanted him to be a President. He robbed it and People chased him. What can I do? He lost? Why? Why don’t you analyse his failure?
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old codger / November 6, 2024
“What a confident in SJB?”
The SJB promised to abolish the EP before the election. There no reason for them not to provide a 2/3 majority to do it.
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old codger / November 6, 2024
Ajith,
The NPP itself says it doesn’t want a 2/3 majority. You want to argue with that?
https://www.dailymirror.lk/recomended-news/We-are-not-seeking-2%2F3rds-in-Parliament–only-a-simple-majority-Chathuranga-Abeysinghe/277-295331
Even Chaturanga says that the economy is stable now, and they are continuing with Ranil’s policies because they don’t want to disturb it. So, it is Ranil who stabilised the economy. You want to argue with that?
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SJ / November 6, 2024
oc
The guy is blindfolded and is on the overdrive.
He may lose consciousness when it all crashes.
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old codger / November 6, 2024
SJ,
It’s like analysing a juvenile’s tantrums. All emotion. Very interesting.
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leelagemalli / November 6, 2024
“Anura is much better than Ranil.”
–
Is it because your staple food (Punnaku) is now more expensive than under previous govt? A coconut is more than 150 rupees. So how to reduce PUNNAKU price?
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davidthegood / November 6, 2024
Ajith, in spite of Ranil’s lies stated here, still the need is to abolish this executive presidency, even after some delay to give AKD the time to do some of his main plans. Enough crazies.
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Naman / November 3, 2024
The PTA should NOT be repealed until a brand new Constitution is passed by 2/3 rd majority by the parliament or by public referendum or both.
The PTA was used MISAPPROPRIATELY by the previous governments. As long as it is used to catch the criminals who had brought our economy crashing and other murderers drug peddlers it is fine by the law abiding SL Citizens.
Once the country has got rid of the real criminals AKD can think of repealing the PTA
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old codger / November 5, 2024
Naman,
It is not corruption that crashed the country. It was the money spent on the war, and after that 400 billion a year on 300000 members of the forces. Do you know that this is the biggest item in the budget?
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davidthegood / November 6, 2024
old codger, is it massive payment from the robber family which has stored in Uganda also.
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old codger / November 6, 2024
DTG,
If you believe that story, I can understand why you believe that everything was created in 7 days in 4004 BC.
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leelagemalli / November 6, 2024
Alas, how come it comes from a Bible parrot,? I thought bible-parrots respect the facts.
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By the way for your updates, Ugandan Kumari confesses today that those monies were printed on an order given by Unganda govt.
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paragon / November 3, 2024
Its looks like that last few days JVP-NPP company ltd is loosing its popularity and may not get at least 113 seats to form the government.JVP-NPP may look for support from minority parties to form the government.in case if this take place the bold headed MAHALOKAAS from kandy will start shouting against TAMILS AND TO SOME EXTENT ABOUT MUSLIMS and will be ably supported by SJB AND CYLINDER GROUP FROM BEHIND.MR.AKD MAY TAKE UP PTA IN HIS HAND TO CONTINUE IN POWER AND HE MAY BE GIVEN A NEW NAME CALLED AK-47 DISANAYAKE.
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Douglas / November 4, 2024
Isn’t this Wijebandara the “Advisor” to the President on Legal Affairs?
I think most of these “Advisors” either do not understand the NPP policy initiatives or are trying to be on the safe side of the “Boss” when making public statements.
AKD Sahaodraya, be careful of these “Baka Pandithays”.
I would expect you, Sahodaraya to take a little time each day, to BE ALONE ( no advisors, and not even the family) and patiently meditate on what you have done for that day and what type of advice you have received on the day-to-day functions. I think this “Recipe” will keep you out of lot of trouble.
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leelagemalli / November 5, 2024
Douglas,
–
Are you awake ?
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Please educate yourself by checking the facts. I have added a link below.
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https://www.youtube.com/watch?v=9L2H4nQ93aI
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leelagemalli / November 5, 2024
Douglas,
.
You owe us an explanation. Please dont let us dive in anxieties further.
.
Remember, you killed us by being blind to AKIDIM. I wondered how quickly you went blind and deaf (with a light velocity) now ?
–
https://www.youtube.com/watch?v=HqLMmr_MHuo
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Today, as an advanced Akhidist, you don’t come up with your lullabies about their 3-idiot-doctrine… Why?
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Not even 6 weeks have passed since Tambuttegama Baiya became the leader of the nation. Everyone is upside down. They talk about high achievements but have failed to control the “PASSPORT QUEUES” till date. Tell us the difference between, Thambugala Doctor (https://www.youtube.com/watch?v=3og9jFxrFCE) and self-proclaimed LKY of JVP bayyas.
.
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RBH59 / November 4, 2024
In times of transition, patience often proves wise. As elections pass and changes unfold.
The National People’s Power (NPP) in Sri Lanka has been gaining attention as an alternative political force, particularly for those frustrated with the major parties. Led by the Janatha Vimukthi Peramuna (JVP), the NPP advocates for a shift away from traditional politics, focusing on anti-corruption, economic reform, and social justice. Their stance emphasizes transparency, youth involvement, and structural changes to address deep-rooted issues. As the elections approach, the NPP is urging voters to consider them as a path to meaningful change, though they acknowledge that systemic problems can’t be solved immediately.
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Cicero / November 4, 2024
people who were taken into custody and not been yet tried must be released. This can be done without the repeal of the PTA. There have been reports by UN rapporteurs on the PTA. These could be followed if new legislation is necessary after the repeal of the PTA.
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Cicero / November 4, 2024
It would be a good thing if the competence of people holding titles like Director General (Legal) at the Presidential Secretariat are made available to the public. It is like disclosing the assets of politicians. The public must know what the merits of a person holding public office are. Attorneys at Law are now a dime a dozen. If there is such a position as Director General (Legal) at the Presidential Secretariat, the need for such an office when there is the Attorney General’s Department to advice the government and also the Legal Draftsman, what is the need for such an office. The government must explain.
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Douglas / November 5, 2024
Cicero: I would prefer the AG to be independent and impartially review all cases before initiating prosecutions. The AG is undoubtedly the Public Prosecutor who handles all cases on behalf of the Government. That “Office” must be kept out of political interference.
There is no problem for the President to have a Legal Advisor, but that officer has to be competent, highly experienced, and most importantly know what the mandate the Government has been given by the people. Apart from that, he/she must be a “Back Room” operator and not pose to be a “Spokesman” for the President. It is a political appointment and the holder must not overstep his authority. That was the cause for this letter of Lawyers’ Collective.
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Naman / November 4, 2024
PTA or similar one is needed to root out corruption/bribery/ drug peddlers/ White van drivers/ Racists lay+clergy etc etc.
We are all against it because it was being used by UNP/SLFP/SLPP whenever they were in power to take action agaist peaceful protesters on the road or are writing it up or voicing it publicly.
It may be necessary for the NEW GoSL to grant Presidential immunity to those who are willing to give witness against the CROOKS. These CROOKS have so called professors or Professionals or Experts trying to detract those trying to apprehend the criminals. ….You can easily guess who they are
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AYATHURAY RAJASINGAM / November 5, 2024
The PTA should have been repealed long ago. There is some flow in Article 6. When the IAF dropped 4 parcels in Jaffna, Sri Lanka failed to charge the IAF. The Section states that “if anyone enters and violates the sovereignty of Sri Lanka” they shall be charged. The IAF entered Sri Lanka’s air space without the consent of Sri Lanka. Likewise there are many flows in the PTA which infringes the freedom of opinion of the individual. Moreover, there was a statement by a suspect that he took the train from Chennai and entered Delhi in the next morning, when, in fact, it would take 3 days to reach Delhi in those days. Yet the Court did not take notice of that fact and punished the suspect, at a time the benefit of the doubt should have been given to the accused. Now that the LTTE is wiped out, it is pointless to have the PTA.
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Ajith / November 5, 2024
“Now that the LTTE is wiped out, it is pointless to have the PTA.”
PTA was brought by JRJ of UNP not only against LTTE but also against the Tamil. JRJ said, Sinhalese People will be happy when Tamils suffer. Then PTA also used widely against political enemies by UNP and SLFP. It was a necessity for them to Rob the Nation. Finally those who brought the real terrorism (Buddhist Sinhala Fundamentalism) use the PTA even to come to Power. Even now PTA is needed for them. They can’t even have a meal without terrorism and PTA.
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Sena / November 5, 2024
Reading the Aljazeera article on the environmental disaster off SL coast due to the dubious entry and subsequent disintegration of the acid loaded ship, one cannot believe the level of corruption and mismanagement existed in SL and to the length the crooks go to fatten their wallets at the expense of the country and the people. The present government should use PTA (or at least emergency powers) to address these misdeeds and bring crooks to justice asap. The government cannot depend on the snail paced judiciary system where large number of judges are corrupt or have accepted special government handouts which have compromised their independence. If the government does not expedite the prosecution of these widespread past corruptions, these crooks awash with ill gotten wealth and connection all over the government machinery will definitely undermine the government and make it a failure
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Lester / November 5, 2024
Repealing the PTA is not a good solution. Strengthening the judiciary is a better solution. The PTA prevented many terror attacks.
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davidthegood / November 6, 2024
Lester, if the terror attacks were prevented, how do you know that there were coming attacks.
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