The government has gazetted the Protection of the State from Terrorism Bill, the legislation intended to repeal and replace the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979.

The Minister of Justice and National Integration ordered publication of the Bill, which sets out a framework for the detection, arrest, detention, investigation and prosecution of terrorism offences committed inside or outside Sri Lanka. The gazette supplement carries the date 18 September and was issued on 22 September.

What changes

Suspects must be produced before a magistrate within 48 hours — a requirement the PTA did not impose. Detention orders may be issued by the Secretary to the Ministry of Defence for up to two months at a time, but any extension beyond two months requires High Court approval, and total detention under such orders cannot exceed one year from the date of the initial order.

An Independent Review Committee chaired by a retired Supreme Court or Court of Appeal judge would review detention orders and recommend whether to confirm, vary or revoke them. Magistrates would be required to see suspects in camera, monitor their wellbeing, order medical examinations where torture is alleged or suspected, and visit detention centres monthly. Arrests must be notified to next of kin, the Human Rights Commission and the Inspector General of Police, and the Commission would be entitled to make unannounced inspections.

Speech and protest carve-outs

Participation in protests, advocacy, dissent, strikes, lockouts or humanitarian and medical work would not by itself be sufficient to infer terrorist intent. The Bill exempts journalism, academic research, legal proceedings, artistic expression and public-interest communication, stating that fair and accurate reporting and legitimate political discourse should not in themselves constitute offences.

Offences causing death could carry life imprisonment; other terrorism offences carry up to 20 years and fines of up to Rs. 20 million. The President retains the power to proscribe organisations, and investigations and prosecutions already begun under the PTA would continue under transitional provisions.

Cabinet approved the Bill for gazetting in August. It now goes to Parliament.