Why calls to repeal Sri Lanka’s 'anti-terror' law are growing

For almost two years, Maram Khalifa has been trying to find ways to bring her husband home. Her days have consisted of fighting for his rights and demanding his release from prison. 

She also described living in constant fear and anxiety of what the next day would bring. 

On February 7, Sri Lanka’s court finally granted bail to Hejaaz Hizbullah, a prominent Sri Lankan civil rights lawyer who was arrested at his home in April 2020.

“After so many disappointments before, I didn't have any hope that he would be granted bail. But he did this time. I started sobbing and called my family to inform them,” Khalifa told TRT World.

“It is the happiest news I got after almost two years living in fear and worry.”

At first, Hizbullah was arrested for his alleged connection with the Easter Sunday suicide bombings at high-end hotels and churches in 2019, which left at least 260 people dead.

The arrest was based on his legitimate associations with Mohamed Ibrahim, the father of Inshaf and Ilham, two of the seven bombers. 

Hizbullah served as Mohamed Ibrahim’s lawyer, handling cases related to his business. 

They were also part of the “Save the Pearls” organisation, a charity that supports the education of underprivileged children. 

According to Amnesty International, Hizbullah, a member of the board, only attended eight of its 52 meetings in five years. 

When prosecutors failed to provide evidence of his involvement in the attacks, he was charged with inciting “racial hatred” under Sri Lanka’s draconian Prevention of Terrorism Act (PTA).

Under the law, any “suspect” can be detained without charge and without being presented before a judge. The detention order could last for 90 days to 18 months.

The law was enacted in 1979 to counter separatist insurgencies, mainly the Liberation Tigers of Tamil Eelam (LTTE). It was widely used to detain people during the country’s 26-year civil war. 

In September, the UN Human Rights Council called for an “immediate moratorium” on the PTA. 

Rights groups and critics say the law is being used as a weapon to target dissidents and minorities in the Buddhist-majority country. 

Since Gotabaya Rajapaksa won the presidential election in November 2019, his administration has used the PTA to target perceived political opponents and members of the minority Tamil and Muslim communities and suppress civil society groups, according to a Human Rights Watch (HRW) report published on Monday. 

Calls to repeal the PTA

Dozens of rights activists and lawyers welcomed Hizbullah’s release but demanded the repeal or reform of the PTA.

“The granting bail saga of [Hizbullah] Hejaaz is a clear message to the country that the prevention of terrorism act must be repealed.” Muheed Jeeran, an international human rights activist, told TRT World. 

“PTA came into effect 40 years ago and was never ever amended up to today which is endangering human rights principles.”

The International Commission of Jurists (ICJ) proposed amendments to the law on Tuesday, stating a person detained for 12 months should be allowed to seek bail, reduce their detention period, and be given the opportunity to stand before a court of law.

Hizbullah’s bail comes just weeks before his case is due to be discussed at the UN Human Rights Council meeting in Geneva. His detention has also been highlighted by the European Parliament. 

Ahnaf Jazeem, a young Sri Lankan poet and teacher, was also detained for 18 months before his release in December 2020. He was accused of “promoting religious extremism” through his 2017 book of Tamil verse. 

Jazeem, after his release, said that the police “kept me handcuffed and isolated for 14 days. They forced me during this time to deliver a confession,” according to the HRW report.

Back in Colombo, Hizbullah will now be able to spend time with his one-year-old daughter, who was born a few months after his arrest.  

He is expected to come home later this week, but it will be a long road before all the charges are dropped against him.

“We believe his arrest was a message to human rights defenders and civil society to instill fear and stop government criticism,” Khalifa told TRT World. 

“We will continue to fight his case until we clear his name.”