Latest news with #PreventionofTerrorismAct
The Star
5 days ago
- Politics
- The Star
UN rights chief asks Sri Lanka to prosecute war crimes
GENEVA: The UN human rights chief Wednesday (Aug 13) urged Sri Lanka's new government to seize the "historic opportunity" to end its entrenched culture of impunity for war crimes and other abuses. In a report on the battle-scarred nation, the UN High Commissioner for Human Rights, Volker Turk, said President Anura Kumara Dissanayake's government had a chance to restore Sri Lanka's image. "Today, an opportunity presents itself for Sri Lanka to break from the past, with the leadership pledging a fresh direction on long-standing issues," Turk said in the 16-page report to the Human Rights Council. It noted that the new leftist president had publicly recognised the shared pain and grief of individuals from all communities in Sri Lanka affected by decades of conflict. "It is important to build on this momentum and to translate it into tangible results for accountability in the form of truth-telling, justice, reparations and non-recurrence, as necessary to end impunity and provide for healing and closure." Turk said the process should start with a clear and formal acknowledgement of the violations, abuses and crimes that occurred, including during the civil war that ended in May 2009. He urged the international community to support Colombo's new efforts, but also warned that should Sri Lanka fail to deliver on its promises, they must exercise universal jurisdiction to prosecute war criminals. UN reports have accused Sri Lankan troops of killing at least 40,000 Tamil civilians in the final months of the fighting, a charge successive governments have denied. The crushing of the Tamil Tiger guerrilla leadership 16 years ago brought an end to 37 years of conflict that claimed at least 100,000 lives on all sides. Sri Lanka's successive governments have also refused to allow an independent investigation into allegations of war crimes committed by its own troops or its warring partner, the Tamil Tigers. Turk visited Sri Lanka last month and held talks with Dissanayake as well as civil society representatives, and also travelled to regions ravaged by war. "As I witnessed first-hand during my visit to Sri Lanka, the pain and suffering of victims remains palpable, and their demands for truth and justice must be addressed." He also welcomed pledges to repeal the dreaded Prevention of Terrorism Act, establish an independent public prosecutor, and investigate emblematic cases, including the 2009 assassination of anti-establishment editor Lasantha Wickrematunge. The report also highlighted the deep social impact of the country's economic crisis in 2022, with poverty rates nearly doubling since 2019 and malnutrition rising sharply among children. - AFP
Scoop
5 days ago
- Politics
- Scoop
UN Says Sri Lanka Has ‘Historic Opportunity' To End Impunity, Deliver Justice
13 August 2025 The 26-year conflict, from 1983 to 2009, pitted Government forces against the separatist Liberation Tigers of Tamil Eelam (LTTE) – more commonly referred to as the Tamil Tigers – who sought an independent state for the island's Tamil minority in the north and east. The civil war claimed an estimated 80,000 to 100,000 lives, and thousands more were forcibly disappeared, their fates still unknown. Hundreds of thousands were also displaced from their homes. The final months were among the bloodiest, with tens of thousands of civilians killed in indiscriminate shelling, extrajudicial executions, and other violations of international law committed by both sides. Turn pledges into results In a new report issued on Wednesday, UN human rights chief Volker Türk said the Government's pledges to deliver justice, restore the rule of law, and eliminate discrimination and divisive politics must finally yield concrete results. ' Today, an opportunity presents itself for Sri Lanka to break from the past, ' he said. ' It now needs a comprehensive roadmap to translate these commitments into results. ' The report follows Mr. Türk's recent visit to Sri Lanka, where he met officials, civil society, victims' groups, political parties and religious leaders, and travelled to Trincomalee, Jaffna and Kandy – among the worst-affected areas. It calls for a clear acknowledgment of the violations, abuses and crimes committed – including during the civil war – and recognition of the State's responsibility and that of its security forces personnel as well as non-state armed groups, including the LTTE. ' The pain and suffering of victims remains palpable and their demands for truth and justice must be addressed, ' Mr. Türk stressed. Call for sweeping reforms The report recommends comprehensive security sector reform and broader constitutional, legal and institutional changes to meet international human rights obligations. It welcomes the planned creation of an independent Public Prosecutor's office. It also urges the establishment of a dedicated judicial mechanism, including an independent special counsel, to handle cases involving serious human rights violations and grave breaches of international humanitarian law. Other recommendations include the release of military-held land in the north and east, repeal of the Prevention of Terrorism Act (PTA), and the release of long-term PTA detainees – some imprisoned for decades. The report further calls for amendments or repeal of several restrictive laws, including those relating to data and online safety, NGOs, and civil and political rights. International support While the primary responsibility for investigating and prosecuting crimes lies with the Government, the report calls for complementary international support. It urges UN Member States to contribute to accountability and reconciliation efforts, leveraging OHCHR's strengthened capacity to undertake related work. ' These measures are crucial to realizing the Government's vision of 'national unity' and above all ensuring there can never be recurrence of past violations, ' Mr. Türk said.
Kuwait Times
5 days ago
- Politics
- Kuwait Times
UN rights chief asks Sri Lanka to prosecute war crimes
GENEVA: The UN human rights chief Wednesday urged Sri Lanka's new government to seize the 'historic opportunity' to end its entrenched culture of impunity for war crimes and other abuses. In a report on the battle-scarred nation, the UN High Commissioner for Human Rights, Volker Turk, said President Anura Kumara Dissanayake's government had a chance to restore Sri Lanka's image. 'Today, an opportunity presents itself for Sri Lanka to break from the past, with the leadership pledging a fresh direction on long-standing issues,' Turk said in the 16-page report to the Human Rights Council. It noted that the new leftist president had publicly recognized the shared pain and grief of individuals from all communities in Sri Lanka affected by decades of conflict. 'It is important to build on this momentum and to translate it into tangible results for accountability in the form of truth-telling, justice, reparations, and non-recurrence, as necessary to end impunity and provide for healing and closure.' Turk said the process should start with a clear and formal acknowledgement of the violations, abuses and crimes that occurred, including during the civil war that ended in May 2009. He urged the international community to support Colombo's new efforts, but also warned that should Sri Lanka fail to deliver on its promises, they must exercise universal jurisdiction to prosecute war criminals. UN reports have accused Sri Lankan troops of killing at least 40,000 Tamil civilians in the final months of the fighting, a charge successive governments have denied. The crushing of the Tamil Tiger guerrilla leadership 16 years ago brought an end to 37 years of conflict that claimed at least 100,000 lives on all sides. Sri Lanka's successive governments have also refused to allow an independent investigation into allegations of war crimes committed by its own troops or its warring partner, the Tamil Tigers. Turk visited Sri Lanka last month and held talks with Dissanayake as well as civil society representatives, and also travelled to regions ravaged by war. 'As I witnessed first-hand during my visit to Sri Lanka, the pain and suffering of victims remains palpable, and their demands for truth and justice must be addressed.' He also welcomed pledges to repeal the dreaded Prevention of Terrorism Act, establish an independent public prosecutor, and investigate emblematic cases, including the 2009 assassination of anti-establishment editor Lasantha Wickrematunge. The report also highlighted the deep social impact of the country's economic crisis in 2022, with poverty rates nearly doubling since 2019 and malnutrition rising sharply among children. — AFP
The Sun
6 days ago
- Politics
- The Sun
UN urges Sri Lanka to prosecute war crimes under new government
GENEVA: The United Nations human rights chief has called on Sri Lanka's new government to end impunity for war crimes and human rights abuses. UN High Commissioner for Human Rights Volker Turk described the current moment as a 'historic opportunity' for the country to reform. 'Today, an opportunity presents itself for Sri Lanka to break from the past, with the leadership pledging a fresh direction on long-standing issues,' Turk said in a report to the Human Rights Council. The report noted President Anura Kumara Dissanayake's public recognition of the suffering endured by all communities during decades of conflict. 'It is important to build on this momentum and to translate it into tangible results for accountability in the form of truth-telling, justice, reparations, and non-recurrence, as necessary to end impunity and provide for healing and closure.' Turk emphasised the need for Sri Lanka to formally acknowledge past violations, including those committed during the civil war that ended in 2009. He urged international support for Colombo's efforts but warned of universal jurisdiction prosecutions if Sri Lanka fails to deliver justice. UN reports allege Sri Lankan troops killed at least 40,000 Tamil civilians in the war's final months, a claim repeatedly denied by successive governments. The conflict, which lasted 37 years, claimed over 100,000 lives before the Tamil Tigers' defeat in 2009. Sri Lanka has consistently rejected independent investigations into alleged war crimes by both government forces and Tamil rebels. During his visit last month, Turk met Dissanayake and civil society representatives while touring war-affected regions. 'As I witnessed first-hand during my visit to Sri Lanka, the pain and suffering of victims remains palpable, and their demands for truth and justice must be addressed.' The report welcomed pledges to repeal the Prevention of Terrorism Act and investigate high-profile cases, including the 2009 murder of journalist Lasantha Wickrematunge. It also highlighted the lingering effects of Sri Lanka's 2022 economic crisis, with poverty rates nearly doubling and child malnutrition rising sharply. – AFP
The Print
01-08-2025
- Politics
- The Print
TADA, POTA & UAPA—how Congress, BJP-led govts walked national security-civil liberties tightrope
Since the Vajpayee government did not have a majority in the Rajya Sabha, a joint session of both Houses had to be called for POTA to be passed. Days before this, the Rajya Sabha had rejected the bill by a vote of 113-98. It was then passed in the joint session with 425 members voting in favour and 296 against. Speaking in Parliament during the special discussion on Operation Sindoor in the Lok Sabha Tuesday, Union Home Minister Amit Shah attacked the Congress and pointed out that when then Prime Minister Atal Bihari Vajpayee's government brought the Prevention of Terrorism Act (POTA) to combat terrorism in 2002, the law was opposed by the Opposition. New Delhi: With a fiery debate in Parliament over the government's response to the Pahalgam terror attack through Operation Sindoor, the spotlight is back on anti-terror legislation in India and the role of successive governments in shaping such laws. At the time, the Congress-led Opposition staged a walkout, with then Congress president and Leader of Opposition Sonia Gandhi opposing the bill for its 'anti-democratic' provisions. Shah then alleged that in 2004, the Congress government 'weakened' India's fight against terrorism by repealing POTA. 'POTA was against the terrorists, but the Opposition wanted to save the terrorists by stopping POTA for vote bank politics,' he said. Anti-terror laws in India have historically been introduced in response to terrorist attacks. POTA was India's response to the 1999 IC-814 hijack and the terror attack on Parliament in December 2001. The Unlawful Activities (Prevention) Act, 1967, (UAPA) was amended in 2004 and again in 2008, the latter in response to the 26/11 Mumbai terror attack. The Congress remained opposed to POTA and its repeal was the party's prominent electoral promise in the 2004 general election. The law has often drawn criticism for its alleged misuse and has acquired the dubious label of being a 'draconian' piece of legislation. However, in its place, the UPA government only brought back the anti-terror law in a more stringent amendment to the UAPA in 2004 and 2008. 'The restrictions on liberty, and in particular the grant of bail, were first introduced in TADA, legislation brought by the Congress government. They were replaced by POTA only to be repealed and metamorphose into the UAPA by the amendments, which increased the scope of the term 'terrorism',' senior advocate Saurabh Kirpal told ThePrint. 'It's a case of plus ça change, plus c'est la même chose, the more things change, the more they remain the same,' he added. What was POTA, how was POTA repealed, and what are the similarities and differences between POTA and the Unlawful Activity (Prevention) Act, which was amended in 2004 and 2008 to function as an anti-terror legislation? ThePrint explains. Also Read: In Delhi HC's denial of bail to 7 'active LeT members', a reading of how UAPA sees furthering of terror POTA v/s UAPA Analysts have often said that several provisions of POTA found their way to UAPA through subsequent amendments, even making the latter law stricter. The 2004 amendment to UAPA largely adopted the definition of 'terrorist act' from POTA. Both POTA and UAPA 2004 punished any acts 'with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people'. Both laws focused on acts that cause death, injury, loss or damage or destruction of property, disruption of any supplies or services essential to the life of the community, and damage or destruction of any property in India or in a foreign country. In 2008, this definition was fine-tuned to include any act that 'overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary'. However, remnants of the definition of a 'terrorist act' under POTA remain even in the current definition. Under Section 53 of POTA, the court could direct an accused to give samples of handwriting, fingerprints, footprints, photographs, blood, saliva, semen, hair and voice on the request of a police officer. But if the accused refused to give such samples, the court could draw an 'adverse inference' against the accused. Under Section 43E of UAPA, as introduced through the 2008 amendment, such a refusal would not just lead to an adverse inference, but a presumption that the accused had committed the offence, unless the contrary was shown. This reversal of burden also makes the UAPA more stringent compared to POTA. Kirpal said that not only UAPA, but even the stringent provisions of the Prevention of Money Laundering Act 2002 were introduced by the Congress government. He added that offences under the Customs and Excise Act were made non-bailable by the UPA after the Supreme Court had ruled otherwise. 'The examples abound. The tendency of the state is to accumulate power and is a feature of all governments, irrespective of which political party they belong to,' he added. A more stringent bail regime Like POTA, UAPA also allows extended detention of an accused for up to 180 days, without filing a chargesheet against them. Both laws also don't allow anticipatory bail. Stringent bail conditions were added to the UAPA through the amendments in 2008. Section 43D(5) of UAPA makes bail virtually impossible. It says that nobody accused of terror offences under the act will be released on bail, if, after examining the case diary and police report, the court 'is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true'. In comparison, POTA said that if the public prosecutor opposes the grant of bail to an accused, the court could grant bail only if it was satisfied that there were grounds for believing the accused was 'not guilty'. The Supreme Court had earlier interpreted the bail provisions under POTA to allow for conditional bail. It held that courts could grant bail after hearing the public prosecutor and determining that there were grounds to believe the accused was not guilty, but only for up to a year of detention. However, after an accused had been in detention for a year, ordinary criminal jurisprudence on bail would apply and the additional requirements were no longer necessary. UAPA's bail provisions are, therefore, considered significantly more stringent than POTA. One big difference between the two laws is that while confessions to the police were admissible under POTA, they remain inadmissible under the UAPA. Confessions made in police custody are usually inadmissible in court because it is presumed that all such confessions made to police officers are coaxed out of the accused. Under the ordinary law of evidence, as under UAPA, only confessions made before a magistrate are admissible as evidence. 'Comprehensive legal framework' Consecutive amendments to UAPA have consistently made the law stricter. Senior advocate Vikas Pahwa told ThePrint that as a practitioner of criminal law, he has observed the legislative journey of India's legal response to terrorism closely—from the Terrorist and Disruptive Activities (Prevention) Act, 1985 (TADA) to UAPA. He pointed to key amendments made to UAPA over the years, from introducing the definition of 'terrorist act' in 2004 and incorporating provisions from the repealed POTA, to introducing stringent bail conditions in 2008, and widening the definition of terrorist activities to include threats to economic security and extended provisions to cover the financing and logistics of terrorism in 2013. He said that the most 'far-reaching' amendment to UAPA came in 2019, empowering the National Investigation Agency (NIA) to investigate UAPA offences across the country without prior state consent. 'Additionally, it enabled the Central government to designate individuals, not just organisations, as terrorists, marking a significant policy shift,' he added. 'Cumulatively, these amendments reflect a consistent and determined approach by successive governments to build a comprehensive legal framework that can effectively deter and prosecute terrorism. The UAPA, as it stands today, is a robust and efficacious statute—equipped with the tools required for enforcement, while remaining subject to constitutional discipline and judicial scrutiny,' Pahwa told ThePrint. However, he also asserted that it is equally important to ensure that the law is 'applied judiciously and sparingly, with a continuing commitment to the constitutional guarantees of fair trial and personal liberty'. 'The delicate balance between national security and civil liberties must always be preserved in a democratic society governed by the rule of law,' he said. How was POTA repealed POTA provided a definition of terrorist acts, allowed confessions made to the police to be admissible as evidence, and prescribed enhanced punishments for terrorism. The law had an in-built expiry date. It was to remain in force only for three years and so was set to lapse in October 2004. However, the law was repealed months before this expiry date through an ordinance brought by the newly elected UPA government. In 2004, a Ministry of Home Affairs release said that the UPA government, which came into power that year, had been 'concerned with the manner in which POTA has been misused'. 'However, there will be no compromise in the fight against terrorism,' it asserted, pointing out that while the government had promulgated an ordinance to repeal POTA in 2004, another ordinance was being promulgated to amend the Unlawful Activities (Prevention) Act 1967, 'for dealing with the various facets of terrorism'. While UAPA had been in place since 1967, provisions related to terrorist activities were added to the law only through an amendment in 2004. In 2003, then Deputy Prime Minister L.K. Advani announced the formation of a review committee to give its findings and recommendations on the functioning of the law, after noting concerns about the law being used against people who do not fall under its ambit. Congress MP Manish Tewari asserted during a parliamentary debate in 2019 that the allegations that POTA was repealed for vote-bank politics had 'no truth'. 'An effort to rectify the Act had been started by the BJP itself. Then Home Minister L.K. Advani had said that POTA was being misused. And then a POTA review committee was made … After it gave its recommendations the NDA government issued an ordinance to make its recommendations mandatory for the Centre and the states,' Tewari was quoted as saying. This was in response to Shah's allegations that POTA was repealed by the UPA government for 'political purposes'. The comments were made during a parliamentary debate on amendments to the Unlawful Activities (Prevention) Act. (Edited by Sugita Katyal) Also Read: Strict 14-day timeline 'couched in mandatory language': Key SC order on granting sanctions under UAPA
