சண்டே டைம்ஸ் கார்ட்டூன் 01-11-26
UN warns PSTA Bill risks arbitrary detention, rights abuses
SUNDAY Island 01-11-2026
The UN Human Rights Office has raised serious concerns over Sri Lanka’s proposed Protection of the State from Terrorism (PSTA) Bill, warning that several provisions could facilitate arbitrary detention, restrict freedom of expression and increase the risk of torture and other human rights violations. In a 19-page assessment of the Bill gazetted on September 22, the Office acknowledged improvements over earlier drafts but said the proposed legislation still reproduces or expands several shortcomings of the existing Prevention of Terrorism Act (PTA).
The assessment, dated October 13, called on the Government to substantially review the Bill before its enactment, with meaningful consultations involving civil society, independent institutions and legal experts.
One of the UN’s main concerns is the power given to the Secretary to the Ministry of Defence to authorise detention for up to two months at a time, for a maximum of one year. While extensions beyond the initial two months would require High Court approval, the UN said the initial detention decision would remain with the executive rather than an independent court.
It also noted that suspects could be produced before a Magistrate up to 48 hours after arrest by police and up to 72 hours after arrest by the armed forces. The Office recommended that all suspects be produced before a Magistrate as soon as possible, ordinarily within 24 hours, regardless of which authority made the arrest. The UN also warned that broadly worded terrorism-related offences could be used against journalists, human rights defenders, civil society organisations and people taking part in peaceful protests.
It expressed particular concern over provisions dealing with confidential information and terrorist publications, saying these could potentially criminalise legitimate reporting on security operations, arrests and investigations. The Office called for explicit protection for journalistic sources, public-interest reporting and human rights documentation. It also raised concerns over provisions allowing the armed forces and Coast Guard to exercise certain arrest and search powers.
The UN warned that such powers could increase the risk of arbitrary detention, torture and enforced disappearance, particularly where suspects remain in military custody without adequate safeguards. It recommended that civilian police retain primary responsibility for law enforcement and that broad arrest, detention and search powers granted to the armed forces be removed. The assessment further questioned provisions allowing the President to proscribe organisations and authorities to restrict movement, public gatherings and communications. The UN warned that vaguely defined powers could be used to restrict peaceful assembly, political dissent and legitimate civic activities.
It called for stronger judicial oversight, clear time limits and independent review of such decisions. The Office, however, welcomed several improvements in the latest draft, including the removal of police confessions as admissible evidence, additional protections for journalism and civil society activity, and mandatory audio-visual recording of police interviews. It also noted provisions requiring the Human Rights Commission of Sri Lanka to be notified of arrests and detentions within 48 hours.
However, the UN said these improvements did not adequately address the Bill’s broader human rights concerns. It also warned that transitional provisions could allow pending PTA cases and certain existing regulations to continue even after the PTA is repealed. The UN Human Rights Office urged the Government to substantially redraft the Bill to bring it into line with international human rights standards. It said it remained ready to provide technical assistance to Sri Lanka in developing counter-terrorism legislation that protects national security while safeguarding fundamental rights.
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