In a statement, they say
The real issue here the usage of draconian counter insurgency laws by the state to stifle political dissent and the truth of the matter is that the PTA is not sophisticated and adapted to a new context in which the war on terror in Sri Lanka is over and the global terrorism has evolved beyond the framework of the PTA. The hunger strike of prisoners languishing in prisons for their alleged involvement with the LTTE, held under the PTA, President Maithripala Sirisena and Minister of Justice Wijayadasa Rajapakshe have both expressed their willingness to provide relief for detainees who have been held for long periods without charges under the PTA. We welcome this development and would like to tell the government that it should take concrete steps towards repealing the PTA before the detainees are released.
When CaFFE and CHR commenced our initiative to compel the government to repeal this draconian law, on August 27 (ttps://goo.gl/cb9nGV) Justice Minister Rajapaksa declared that this was not a priority area for the government (http://www.dailymirror.lk/85187/no-repeal-of-pta-at-present). We are extremely happy that our continuous deliberations and externals factors have made key policy makers rethink their priorities.
Almost all major political actors in the country agree that the PTA must be either repealed or amended, however hitherto no concrete action has been taken to do so. We have seen a number of politicians trying to use the hunger strike to score political points, either by acting as intermediaries between the detainees and the government or by promising solutions. However we have not seen any concerted effort, either by the government or by opposition politicians to commence the necessary legislative process to repeal the PTA. One of the demands is a ‘general pardon/amnesty’. While demanding that the government repeal the PTA, CaFFE and CHR never asked for a general pardon for those currently held under the PTA. Those with concrete charges against them held under the PTA should be immediately prosecuted by the government. According to our information there are detainees who have been involved in hideous crimes and they should be punished according to law. This is in the best interest of reconciliation and accountability in Sri Lanka, but it must be done under revamped counter terrorism legislation.
A number of the detainees who went on hunger strike have been languishing in jail for over 10 years. The government can also explore the possibility of considering the time already spend in detention as a part of their prison sentence, in the case if they are convicted. There are five persons have been detained for 18-19 years (one since 1996 and four since 1997), there is one person who was a 17 year old with an ongoing high court case and out of 22 persons detained in 2014 under the PTA only two have been charged. In addition to this there are also a number of former child soldiers. Politicians campaigning against the release of these prisoners and the repealing of the PTA should look at themselves in the mirror and ask whether one day, the PTA could be used arbitrarily to keep them and their families in detention for about 20 years with no recourse to justice.
According to the information we have received, only around 37 of the detainees are to be released and there are over 250 such individuals, although the official figure is 180. We want the government to take real and concrete action regarding those held under the PTA, it should take steps to repeal this draconian act and it must ensure that those who are currently held by it are subjected to a judicial process. Those who have been detained for no valid reason should be compensated by the government.
CaFFE and CHR believe that this is the ideal time for the government to take steps to repeal the PTA and show its commitment to democracy, transparency, good governance, reconciliation and accountability.
