assembly. As dissention against the government grew in the south the
rebellion in the North also escalated demanding the right of
self-determination of the Tamil people. It is in such a backdrop that the
Sri Lanka saw the introduction of the Prevention of Terrorism Act in
1979 which was made permanent in 1981. Some of my student activists
were arrested and while seeking legal advice I was advised by a senior
lawyer that it is high time to become a lawyer. This is how I became a
lawyer and got involved in human right activism.
The PTA is a draconian piece of legislation that allows prolonged
detention and the suspension of certain rights of the ordinary criminal
procedure including the right of individuals to be presumed innocent.
The police continues to use this provision when apprehending
especially those from minority communities.
Under the act, people can be arrested without charge or trial and
detained for up to 18 months while police investigate the possibility of
their involvement in illegal activity. The act also allows for indefinite
detention on the order of a magistrate pending trial.
The PTA also allows the authorities broad discretion to hold detainees
where they choose and to move detainees from place to place while
under investigation.
Emergency regulations and the PTA grants broad powers to the police
to enter and search premises without a warrant, to seize property and
arrest individuals connected with unlawful activity. The PTA grants
extraordinary power to the Minister of Defence to order the detention
of an individual suspect for investigation or as a preventative measure.