Prominent lawyer and former President of the Bar Association of Sri Lanka, Saliya Pieris, has reiterated longstanding concerns over the use of laws such as the Prevention of Terrorism Act (PTA), the International Covenant on Civil and Political Rights (ICCPR) Act, and Emergency Regulations, warning that successive governments have abused such provisions to deprive individuals of their liberty and fundamental rights.
In a statement posted on social media, Pieris said that for many years, legal activists and civil society advocates had consistently condemned the misuse of these laws by successive regimes. He noted that the legislation had often been used to keep individuals in custody for prolonged and unnecessary periods and had contributed to a culture of torture and cruel, inhuman and degrading treatment in both police and prison custody.
Pieris argued that detention decisions should be made by judges acting according to law rather than by executive authorities, including Presidents, Ministers, Secretaries or police officers.
Reflecting on recent developments, he observed that some individuals who had previously defended and implemented such laws now found themselves subject to the same legal provisions. He also noted that some who once called for the repeal of these laws had later gone on to use and rely upon them.
However, Pieris stressed that the principles at stake transcended individual personalities and allegations. He maintained that every person is entitled to human dignity, equal protection under the law and the freedoms guaranteed by Article 11 of the Constitution.
“The protections afforded by the Constitution cannot change depending on the individual concerned,” he said, emphasizing that constitutional safeguards must be applied equally and consistently irrespective of the identity of the person involved or the accusations they face.
