HRW raises concerns over arbitrary detention, torture, surveillance and potential GSP+ implications
By The Pulseline News Desk
Human Rights Watch (HRW) has warned that Sri Lanka’s proposed counterterrorism and organised crime legislation could perpetuate human rights abuses associated with the Prevention of Terrorism Act (PTA), raising concerns over arbitrary detention, torture, surveillance and restrictions on fundamental freedoms.
In a statement, the international human rights organisation said the Protection of the State from Terrorism Bill (PSTB), presented to Parliament on October 6, and the Prevention of Organised Crimes Bill, submitted on October 20, contain provisions that could grant authorities extensive powers with inadequate judicial oversight.
The warning comes despite the National People’s Power (NPP) alliance pledging in its 2024 election manifesto to abolish oppressive laws, including the PTA, and safeguard civil liberties.
HRW said the proposed legislation risks reproducing some of the PTA’s most problematic features through separate legal frameworks, potentially allowing authorities to exercise extraordinary powers without the safeguards available under ordinary criminal law.
“Sri Lanka’s organised crime bill would enable prolonged detention without adequate judicial oversight or evidence of criminal conduct and could encourage torture by allowing convictions based on confessions obtained by the police,” said Elaine Pearson, Asia director at Human Rights Watch.
Detention powers and judicial safeguards questioned
The proposed PSTB contains a broad definition of terrorism and empowers the police, armed forces and coast guard to stop, search, question and detain individuals on the basis of reasonable suspicion, including in circumstances where warrants are not required.
Under the proposed framework, detention orders could initially last two months and be extended for up to one year. HRW warned that magistrates would lack the authority to overturn such orders and that provisions in the bill could permit individuals to be held without charge for a total period of up to two years.
The Prevention of Organised Crimes Bill also provides for detention orders lasting two months at a time, potentially extending to one year, with limited judicial oversight.
The bill would further restrict access to bail, with suspects accused of serious offences generally eligible for release only under exceptional circumstances.
HRW raised particular concerns over provisions allowing confessions made to the police to be admitted as evidence in court, warning that this could create conditions conducive to coercion, ill-treatment and torture.
The organisation noted that previous counterterrorism reform proposals had sought to address this risk by requiring confessions to be made before a magistrate.
Concerns over free expression and surveillance
Beyond detention powers, HRW warned that the proposed legislation could threaten freedom of expression, peaceful assembly and association.
The PSTB defines terrorism to include acts intended to compel a government or international organisation to act, or refrain from acting. According to HRW, the breadth of this definition could expose legitimate protests, advocacy and dissent to criminalisation, notwithstanding exemptions contained in the draft.
The organised crime bill has also drawn criticism over how it identifies potential members of criminal groups.
Under its provisions, factors such as meetings with known group members, clothing, tattoos, hand signs and visits to certain premises could be considered when determining possible membership in an organised criminal group.
HRW warned that such criteria risk allowing individuals to be targeted because of their associations or appearance rather than credible evidence of criminal conduct.
The proposed legislation also provides for extensive surveillance powers, including the interception of communications and extraction of data from electronic devices under court orders.
In certain circumstances, authorities could obtain subscriber identities, call records and device-location information from service providers without a court order, raising further concerns about privacy and the potential for abuse.
Additional restrictions on publishing information that identifies crime victims and on reporting court proceedings could also affect media freedom, the organisation said.
GSP+ trade benefits at stake
The proposed legislation could also complicate Sri Lanka’s human rights commitments under the European Union’s Generalised Scheme of Preferences Plus (GSP+) programme, which provides preferential access to the European market in return for compliance with international conventions and other conditions.
Sri Lanka committed to repealing the PTA in 2017 as part of the commitments associated with the restoration of its GSP+ trade benefits.
However, HRW said the current government had continued to use the PTA despite its pledge to abolish the law.
Information provided to the United Nations by the Human Rights Commission of Sri Lanka (HRCSL) recorded 46 PTA-related detention cases in 2025 and a further 12 during the first three months of 2026.
HRW warned that replacing or supplementing the PTA with legislation retaining similarly expansive powers could undermine Sri Lanka’s compliance with its international human rights obligations.
The issue carries implications beyond domestic law enforcement, as continued access to GSP+ depends on Sri Lanka’s adherence to relevant international conventions, including those concerning human rights.
HRW calls for withdrawal and review
HRW has urged the government to impose an immediate moratorium on the use of the PTA while reconsidering its proposed counterterrorism legislation.
It has also called for the withdrawal of the Prevention of Organised Crimes Bill and genuine, open and inclusive consultations before any revised legislation is introduced.
The organisation said new laws should contain precise definitions of criminal offences, effective judicial oversight, access to legal counsel and robust safeguards against arbitrary detention and torture.
It also called on the European Union to make clear that the organised crime bill, in its current form, could fall short of Sri Lanka’s human rights commitments under the GSP+ programme.
The government now faces scrutiny over whether its proposed legal reforms will establish stronger safeguards against terrorism and organised crime without reproducing the sweeping powers and human rights concerns associated with the PTA.
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