A young man who had been detained for over 9 months under the Prevention of Terrorism Act (PTA), reportedly for expressing opposition to Israel via social media, is now being released on bail. During the investigation, it was found that no offense under the PTA had been committed. Based on this, the Dehiwala Police submitted a further report to the court today (09 July), requesting the suspect be granted bail by the Mount Lavinia Additional Magistrate.
The police had previously forwarded the matter to the Attorney General’s Department on May 27, 2025, seeking advice, but due to the absence of a response, the Additional Magistrate Hemali Halpandeniya had informed Dehiwala Police that bail could not be granted without the Attorney General’s instructions.
The Magistrate also questioned the police on why they had earlier claimed to possess evidence that the suspect had violated the PTA, yet were now saying no such offense had been uncovered after nine months.
Accordingly, the Magistrate instructed the Dehiwala Police to inform the Attorney General if there was no evidence to proceed under the PTA, stating that they would act according to the AG’s instructions.
The 21-year-old suspect, Mohamed Rifai Mohamed Suhail, a resident of Mawanella, had been arrested on October 25 last year by Dehiwala Police under the PTA and presented to the Mount Lavinia Additional Magistrate Court.
Attorneys Geethma Fernando, Rashaad Ahmed, Ilham Hassanali, and Mohamed Farzan appeared on behalf of the suspect. The Magistrate has ordered that the suspect be physically produced in court on July 15.
The arrest was made based on a video posted on Instagram showing the suspect allegedly burning the Israeli flag, which was interpreted as an act of protest against Israel. He was detained for nearly nine months under the PTA.
Initial Arrest and Release
Suhail was first taken into custody by Dehiwala Police on October 23, 2024, while he was in Dehiwala looking for accommodation during his cabin crew training. According to his father, the police arrested him for not carrying his national ID. Despite later providing his ID via WhatsApp, police detained him overnight and produced him in court the next day. The court released him without charges.
However, that same evening, when returning home to Mawanella around 9 p.m., Suhail was rearrested by Dehiwala Police. His father said the police claimed it was to record a statement and that he would be released by morning. Instead, on October 25, Suhail was presented again to a Magistrate and was remanded. He was brought before the same Magistrate who had released him, prompting her to ask why he was re-arrested.
The police claimed he had returned to Dehiwala on his own, which the family says was false. They allege he was re-arrested in Mawanella, and they have video evidence to prove it.
Second Arrest and PTA Charges
The second arrest was made under the PTA for allegedly sharing a video on Instagram of burning the Israeli flag. His lawyer, Prathibha Geethma Fernando, told BBC Sinhala that the police claimed he was arrested near a building under construction affiliated with the Israeli Consulate in Dehiwala. However, his family says he was taken from Mawanella.
Suhail was initially detained on suspicion without evidence, and after submitting his identity documents, the judge released him without bail, stating no charges applied. The only justification the police seemed to have was the video shared on social media.
Still Imprisoned Without Charges
His lawyer now says there is still no evidence of wrongdoing, and yet, Suhail remains in custody under the PTA only because bail cannot be granted without the Attorney General’s advice. She emphasized that keeping him detained without any clear legal basis is unjustified.
When contacted by BBC Sinhala, Police Media Spokesman SSP F.U. Woodlard confirmed Suhail had been taken into custody on October 24 in the area around the Israeli Consulate in Dehiwala. He said Suhail was behaving suspiciously, and a report was submitted to the Mount Lavinia Magistrate Court. The case is to be heard again on July 9, 2025.
When asked whether police had informed the court that no charges could be brought against Suhail, the spokesperson said, “We will only know that after tomorrow’s court proceedings. Once we receive the report and court decision, we can provide further updates.”
Human Rights Commission Complaint
Meanwhile, Suhail’s family had filed a complaint with the Sri Lanka Human Rights Commission in April regarding his arrest and detention. The Commission has summoned the family to appear on July 23 for further inquiry.
Similar Case: Mohamed Rushdi
Another young Muslim man, Mohamed Rushdi, was also previously arrested under the PTA for pasting anti-Israel stickers and later released on bail. In his case, the Human Rights Commission ruled that his rights had been violated, stating the PTA had been misused. A 30-page report was submitted with recommendations to the Director of CTID, Inspector General of Police, and Secretary to the Ministry of Public Security. They also recommended Rs. 200,000 in compensation for Rushdi.
The Commission further urged the Acting IGP to formulate clear guidelines regarding the “reasonable suspicion” standard when investigating alleged terrorism offenses and to consult the AG before pursuing such cases.
UN Human Rights Commissioner’s Request
The UN High Commissioner for Human Rights, Volker Türk, during his recent visit to Sri Lanka, called on the government to suspend the use of the Prevention of Terrorism Act (PTA) and to review the cases of detainees held under it without charge, with the goal of releasing them promptly.
BBC Sandeshaya
