The World Organisation Against Torture (OMCT) has raised serious concerns over Sri Lanka’s proposed Protection of the State from Terrorism Act (PSTA), warning that the legislation retains provisions that could enable arbitrary detention, torture and other human rights violations associated with the Prevention of Terrorism Act (PTA) it seeks to replace.

In a statement issued ahead of the Bill’s expected first reading in Parliament today (06), the OMCT said the proposed law continues to contain an overly broad definition of terrorism and grants extensive powers of arrest and detention to authorities, including the armed forces.

The organisation warned that despite safeguards included in the proposed legislation, several provisions could potentially be used against political opponents, minority communities, journalists, human rights defenders and other dissenting voices.

The OMCT has therefore called on Parliament to fundamentally review the proposed PSTA before its enactment and ensure that Sri Lanka’s counter-terrorism framework complies with international human rights standards.

Full statement: 

The World Organisation Against Torture (OMCT) is concerned that the Protection of the State from Terrorism Act (PSTA), gazetted by the Sri Lankan Government on 22 September 2026 to replace the 47-year-old Prevention of Terrorism Act (PTA), retains provisions that risk perpetuating the serious human rights violations associated with the PTA, including its use against human rights defenders, journalists and other critics. The Act is expected to be presented to Parliament for the first reading on 6 October 2026.

The PSTA continues to use overly broad definitions, grant broad powers of arrest and detention that risk facilitating torture, ill-treatment and arbitrary detention, contrary to Sri Lanka’s obligations under the United Nations Convention against Torture. Global trends and the Sri Lankan experience of the operationalization of laws granting broad executive powers of arrest and detention, demonstrate that safeguards are often undermined, raising serious questions regarding the sufficiency of the safeguards proposed.

The draft PSTA raises particular concern regarding the definition of terrorism, which remains overly broad and insufficiently precise. The draft law includes acts and consequences that do not meet the threshold of conduct recognised as terrorism under international standards, including acts that compel “the Government of Sri Lanka, or any other Government, or an international organisation, to do or to abstain from doing any act”. Although the draft law states that protest, advocacy, dissent, strikes and industrial action should not by themselves constitute terrorism, this safeguard remains insufficient. The PSTA therefore creates a serious risk of arbitrary application and abuse against political opponents, minority communities, human rights defenders, journalists and dissenting voices.

Furthermore, the draft PSTA authorises prolonged detention that creates conditions conducive to torture and ill-treatment. Under Section 29, Detention Orders may be issued by the Executive for periods of up to two months, without prior judicial authorisation. Under Section 35, a detention order may be extended every two months upon being given effect to by a Magistrate for a maximum period of one year. Section 28 further permits a combined period of remand and detention of up to two years before an indictment is served. However, there is concern that Magistrates often rely heavily on information submitted by the police or the prosecution, and are likely to endorse directions and request for detentions, particularly when there are allegations related to terrorism. The absence of meaningful judicial oversight significantly increases the risk of arbitrary detention, torture and other ill-treatment, particularly given Sri Lanka’s documented history of prolonged detention in terrorism-related cases.

The draft PSTA also extends significant powers to the armed forces, including powers of arrest, stop and search, and detention. Members of the armed forces may detain a person for up to 24 hours before transfer to police custody, while excluding travel time from this calculation and without establishing a clear maximum limit for such exclusion. Considering Sri Lanka’s history of abuses involving military detention, these provisions create serious risks of torture, ill-treatment and short-term enforced disappearances.

In addition, the Attorney General is empowered to defer or suspend criminal proceedings for up to 20 years subject to conditions approved by the High Court, including participation in rehabilitation programmes, community service, or public expressions of remorse. Although these measures formally require the agreement of the suspect, the OMCT is concerned that individuals facing broad terrorism charges and prolonged detention may feel compelled to accept punitive measures to secure their release or avoid lengthy proceedings. Such provisions risk undermining the presumption of innocence and may result in punishment without conviction.

The OMCT recalls that the prohibition of torture and other cruel, inhuman or degrading treatment or punishment is absolute and non-derogable. Under the Convention against Torture, Sri Lanka is required not only to prohibit torture, but also to prevent conditions that facilitate torture and coercion, including prolonged incommunicado detention and detention without effective judicial oversight.

The OMCT therefore calls on the Parliament of Sri Lanka to fundamentally review the draft PSTA before its enactment, and consider drafting accompanying ordinary criminal legislation with proportionate safeguards to address terrorism offences, in particular, to:

• ensure that the definition of terrorism is narrowly defined and fully consistent with international human rights standards to prevent its arbitrary application against peaceful protesters, political opponents, minority communities, journalists, human rights defenders and other dissenting voices; 
• ensure that any person arrested under terrorism-related provisions is brought promptly before a judge, and in any event within 48 hours, and that all detention orders are subject to regular, independent and effective judicial review throughout the period of detention;
• remove provisions permitting punitive or coercive measures in the absence of a conviction following a fair trial; ensure that any powers granted to the armed forces remain strictly limited and subject to effective civilian judicial oversight. (Newswire)

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