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Featured Article: Prevention of Terrorism Act

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Saturday, 09 December 2006

Prevention of Terrorism Act, suspended for 5 years has again come into force. The Prevention of Terrorism Act, introduced during the J.R,Jayawardene regime, was upheld by every successive Sri Lankan government with amendments.

Likewise, President Rajapakse’s government has also brought into force the PTA with certain amendments.

It is customary in all countries to introduce new legislations to ensure peace. But what is important is the impact of the legislation on the society.

In the past many innocent Tamil youths were detained at several camps without any inquiries or legal proceedings for years under the prevention of terrorism act.

The government has explained that the provisions of the prevention of terrorism act had been framed in compliance with UN resolutions and international agreements to combat terrorism.

The Tamil people justifiably feel that the enactment of the PTA after an interval of 5 years is going to drive the country to an earlier era. They fear that PTA may weaken the peace process.

Prime Minister Ratnasiri Wicremanayake has said that the PTA has been once again brought into force with the necessary amendments only to fight terrorism.

It is the CFA between the government and the LTTE signed on February 2002 that really assured peace. It was under this CFA that the present government and the previous government were able to hold peace talks for over a period of 4 years.

Provision 2.12 of the CFA clearly stipulates that both parties are committed that search operations and arrests will not take place under the PTA. CFA further states all arrests will be in compliance with the criminal procedure court.

Therefore, with the implementation of the PTA the relevant provision of the CFA becomes ineffective. PTA has been brought into force violating the above provision of the CFA without discussing with the LTTE, a signatory to the CFA. This is a violation of the CFA agreement. Therefore, it is imperative that this issue must be sorted out to preserve the CFA.

An English translation of the Editorial in Uthayan, a Tamil daily, based in Jaffna

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