Jaffna academic warns of human rights violations, military empowerment and lack of a clear definition of terrorism
A proposed new law to protect the State from terrorism could violate fundamental human rights guaranteed by Sri Lanka’s Constitution and create an abnormal situation in the country, Dr. Kumaravadivel Guruparan has argued before the Supreme Court.
Dr. Guruparan made these submissions on Monday while appearing on behalf of the Northern Province in a legal challenge against the proposed legislation, which has been presented to Parliament.
He appeared in support of Attorney-at-Law Siva Punniyam Abilash, with Attorney-at-Law Janani Aiyadurai assisting in the proceedings.
During his submissions, Dr. Guruparan said there was widespread expectation that the Prevention of Terrorism Act (PTA), which has been in force for approximately four decades, should be repealed.
However, he argued that replacing the existing law with the proposed legislation, titled the Protection of the State from Terrorism Bill, could result in an even more problematic legal framework.
He pointed out that the proposed Bill did not provide a sufficiently clear definition of terrorism, raising concerns about how its provisions could be interpreted and enforced.
Dr. Guruparan also warned that several provisions in the proposed legislation could infringe upon fundamental rights protected by the Sri Lankan Constitution.
Another major concern, he argued, was the proposed expansion of powers beyond the police to include the military and Civil Security Force personnel.
According to his submissions, transferring such powers to military and other security personnel could contribute to an abnormal situation in the country and increase militarisation.
He further noted that allegations of misconduct and abuses involving military personnel had previously been raised in Sri Lanka. Granting additional powers under the proposed legislation, he warned, could create further opportunities for the abuse of authority.
Dr. Guruparan maintained that the proposed legislation raised serious concerns about constitutional protections, the scope of state power and the potential consequences for civil liberties in Sri Lanka.
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