Sri Lanka’s Terrorism Bill Could Mean Two Years Before Trial — That Demands a Hard Constitutional Look

The proposed replacement for the PTA contains improvements. Amnesty International says it still permits a combination of detention periods that could keep a person confined for up to two years before trial begins.

Amnesty International’s 21 October legal assessment of the Protection of the State from Terrorism Bill says the tabled legislation permits detention for up to one year without charge, alongside the possibility of a further year of pre-trial detention. Amnesty argues that the cumulative effect raises serious concerns over arbitrary detention, the presumption of innocence and the right to trial within a reasonable time.

The bill is now under constitutional scrutiny. Parliament’s own records show repeated receipt of petitions under Article 121(1). Those petitions are challenges, not findings: the Supreme Court’s determination will establish the constitutional position.

There are improvements — but safeguards must work in practice

Amnesty acknowledges changes from the 2025 proposal, including judicial oversight of attempts to proscribe organisations and a review mechanism for detention orders. Human Rights Watch has likewise noted safeguards such as unannounced magistrates’ visits to detention sites and the ability to refer suspected torture or ill-treatment for medical examination.

The central concern is independence. Amnesty says the proposed detention-review committee would be appointed by the Defence Minister. Human Rights Watch has similarly questioned whether a body appointed by the minister can provide sufficiently independent scrutiny. The government’s case for the bill should therefore be judged not only by the existence of review mechanisms, but by who controls them and whether a court can provide an effective remedy.

A replacement must break with the PTA’s record

The government has pledged to repeal the Prevention of Terrorism Act. That is significant. But repeal is not the same as reform if exceptional detention powers survive under a new title. Amnesty notes that the Human Rights Commission reported 46 PTA-related detention cases in 2025 and 12 in the first three months of 2026.

For foreign missions and international partners, this is also a credibility test. Human Rights Watch notes that repeal of the PTA has long formed part of Sri Lanka’s rights commitments to the European Union. The relevant question is therefore measurable: does the final law narrow exceptional power and strengthen independent judicial control?

Lanka Witness assessment: Counterterrorism legislation should punish genuinely terrorist conduct, not make prolonged detention an administrative substitute for proving a criminal case.

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