SRI LANKA: HOW PTA VIOLATES THE RIGHTS OF POLITICAL PRISONERS

( National Movement for the Release of Political Prisoners continues to campaign for the release of political prisoners ©s.deshapriya)

05/09/2016

A memorandum showing how the Prevention of Terrorism Act (PTA) violates the rights of political prisoners.

During the last 30 years due to the war that prevailed in the northern and eastern areas of Sri Lanka arrests were made. While the Prevention of Terrorism Act (PTA) was made use of from arrests like that up to the court proceedings through that those persons as well as the Tamil people as a community of people were subjected to a grave violation of human rights.

The persons who were arrested under the PTA during the past from time to time were released though judicial processes as well as though political decisions. (ex: the detainees of all armed organizations operating in the north and east who were arrested and detained were granted release based on political decisions during the 1987 period. In 2001 when the government changed and the peace agreement was signed the release of detainees on political decisions has taken place). Such releases took place in instances when the war situation has not ended.

While the arrests and detentions under the PTA prevailed at a very high level during the last stages of the war with the end of the war fifteen thousand (15,000) had been under arrest. They have got the release though various methodologies and got integrated with the society and only a small number of persons still remain under detention in prisons.

Up to date seven years have lapsed after the end of the war.

Even from time to time arrests and detentions are made making use of the PTA.

During a period of more than 30 years making use of the PTA from the point of arrest up to the point of acquittal or conviction within the judicial process have entailed grave violations of human rights and disregard of the law causing intensive injustices and it still continues to happen.

We are presenting below major concerns  we have identified.

1.    Arrest

•    While the arrest have happened in an arbitrary way what has happened in most instances were abductions.
•    Few days after the abduction the detention within a police division comes to be known.
•    Unidentified groups abducting and handing over to legitimate security divisions after detaining at unknown places for weeks or months.
•    The abductees have been subjected to torture in terrible ways.

2.    Detention

•    After arrests keeping in detention under Detention Orders for long periods (most detainees for one and a half years or more unlawfully) purportedly for investigations in various police divisions and thereafter remanding them.
•    There are persons who have been kept under the custody of investigation divisions for more than 5 years. They have been indicted in High Courts while being detained as such and are being produced in courts for the cases under the custody of those divisions. They have not been presented in a Magistrate Court even for one day.
•    Had been subjected to torture while being under detention.

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