On September 16, Mount Lavinia Additional Magistrate Hemali Halpandeniya ordered the acquittal and release of a young man who had been held in remand custody for more than nine months under the Prevention of Terrorism Act (PTA) for allegedly expressing opposition to Israel on social media, and who was later released on bail.
The Dehiwala Police had informed court through a further report that the Attorney General had advised the case against the suspect could not proceed. His lawyer, Madulla, had also requested that his client be acquitted on the basis of insufficient evidence. The Magistrate’s order was made on these grounds.
Appearing for the suspect were lawyers Geethma Fernando, Varuna Jayasinghe, Aruni Ranasinghe, and Ilham Hasan Ali.
The suspect, Mohamed Rifai Mohamed Suhail, a 21-year-old resident of Mawanella, was arrested by the Dehiwala Police on October 25 last year under the PTA and produced before the Mount Lavinia Additional Magistrate’s Court.
Initially, the police informed court that they had evidence against him under the PTA. However, after keeping him in remand for more than nine months, the police later informed the court that no evidence existed to prove any offence under the Act.
On July 9, the Dehiwala Police submitted a further report to court stating that investigations had revealed no offence under the PTA, and they requested his release on bail.
The Magistrate had earlier informed the police that, since the case had been referred to the Attorney General’s Department on May 27, 2025, bail could not be granted without the Attorney General’s instructions.
On July 15, when the case was taken up again, police presented a letter signed by Solicitor General President’s Counsel Viraj Dayaratne, stating that the Attorney General had instructed that the suspect be released on bail. Accordingly, the Magistrate ordered his release that day on two sureties of Rs. 500,000 each.
Reason for arrest
Suhail was arrested under the PTA for allegedly posting a video on Instagram showing himself tearing an Israeli flag. He had already spent close to nine months in detention.
Another youth, Mohom Rushdi, was also earlier detained under the PTA for pasting anti-Israel stickers but has since been released on bail.
Suhail’s father told BBC Sinhala that his son was first arrested on October 23, 2024, in Dehiwala while he was looking for accommodation during his cabin crew training course. Police initially took him in for not carrying his national identity card. After producing his ID through WhatsApp, police said there was no problem and that he could collect his son that evening. However, the next morning, October 24, Suhail was produced in court and released without charge.
But later that same day, when Suhail returned home to Mawanella, Dehiwala Police arrested him again. His father said police claimed they would produce him the next morning. On October 25, he was remanded after being presented before an acting Magistrate.
Although he had been released earlier by the Mount Lavinia Magistrate due to lack of evidence, he was re-arrested, with police alleging that he had been loitering near the under-construction Israeli Consular Office in Dehiwala and had shared a video of tearing the Israeli flag on Instagram. His parents insisted he was arrested in Mawanella and that they had video evidence to prove it.
“No basis for detention”
His lawyer, Prathiba Geethma Fernando, told BBC Sinhala that the police themselves had admitted in court there was no evidence of any offence under the PTA, but because bail could only be granted with Attorney General’s advice, Suhail remained in remand custody until that advice was received.
She added:
“He has been kept until now without any valid basis. The police have not uncovered anything against him. The only reason he remained in custody was because bail could not be granted under the PTA without Attorney General’s advice.”
Police response
Police spokesperson ASP F.U. Woddler earlier told BBC Sinhala that Suhail had been arrested near the Israeli Consular Office in Dehiwala on October 24, 2024, while “acting suspiciously,” and that further investigations were being conducted with court reports being submitted to the Mount Lavinia Magistrate’s Court.
When asked if the police had reported to court that there was no evidence of any offence, the spokesperson said he could only comment after the relevant court proceedings.
Human Rights Commission complaint
Meanwhile, Suhail’s family filed a complaint with the Sri Lanka Human Rights Commission in April this year, alleging his rights had been violated by his prolonged detention.
Previously, the Human Rights Commission had also ruled that the arrest of another youth, Mohom Rushdi, under the PTA for pasting anti-Israel stickers, amounted to a violation of his human rights. The Commission recommended that he be paid Rs. 200,000 in compensation and also called on authorities to issue clear guidelines on the standard of “reasonable suspicion” when applying the PTA.
UN request
UN High Commissioner for Human Rights Volker Türk, during his visit to Sri Lanka, urged the government to temporarily suspend the use of the Prevention of Terrorism Act and to release detainees held for long periods under it after a prompt review.
