Sri Lanka's Prevention of
(A Law Enacted in Response to Tamil Revolt Against Oppression)
"No legislation conferring even remotely comparable powers is in force in any other free democracy operating under the Rule of Law... such provision is an ugly blot on the statute book of any civilized country"
-International Commission of
PREVENTION OF TERRORISM (TEMPORARY PROVISIONS)
ACT No 48 of 1979
On Warrants of Arrest
PART II - INVESTIGATION OF OFFENCES
On Places of Interrogation
A police officer conducting an investigation under this Act in respect of any person arrested shall have the right of access to such person and the right to take such person from place to place...
On Duration and Place of Detention
DETENTION AND RESTRICTION ORDERS
On Legal Challenges to Detention
10. An order made under section 9 shall be final and shall not be called in question in any court or tribunal by way of writ or otherwise
An order made by the Minister under subsection (1) shall be final and shall not be called in question in any court or tribunal by way of writ or otherwise
On Rules of Evidence
PART VI - TRIAL
(2) The burden of proving that any statement referred to in subsection (1) is irrelevant under section 24 of the Evidence Ordinance shall be on the person asserting it to be irrelevant.
(3) Any statement admissible under subsection (1) may be proved as against any other person charged jointly with the person making the statement
(b) any document found in the custody, control or possession of a person accused of any offence under this Act or of an agent or representative of such person may be produced in court as evidence against such person
19 (a) every person convicted by any court of any offence under this Act shall, notwithstanding that he has lodged a petition of appeal against his conviction or the sentence imposed on him, be kept on remand until the determination of the appeal
PART VII - 22. Any person who has committed any offence under section 296 or section 297 or section 300 of the Penal Code prior to the date of coming into operation of Part VI of this Act would have constituted an offence under this Act (and) be triable without a preliminary inquiry, on an indictment...
On Blanket Immunity for Security Personnel
PART VIII - 26. No suit, prosecution or other proceeding, civil or criminal, shall lie against any officer or person for any act in pursuance or supposed pursuance of any order made or direction given under this Act.
Supreme Law of the Country
28. The provisions of this Act shall have effect notwithstanding anything contained in any other written law and accordingly in the event of any conflict or inconsistency between the provisions of this Act and such other written law, the provisions of this Act shall prevail
|The law enacted originally as temporary for 3 years was made permanent in 1982|