Justice Minister Ali Sabry, PC said in Parliament yesterday that while the Prevention of Terrorism Act (PTA) was established in 1979 and there is a provision in the PTA to appoint an Advisory Board in order to advise the Defence Minister with regard to somebody who had been detained under the PTA on whether to continue such detention under that law, no Government over the past 40 years had appointed such an Advisory Committee. However, he said that President Gotabaya Rajapaksa as the Minister of Defence, three weeks ago appointed a respectable panel of advisors led by retired Chief Justice Asoka de Silva, respected former Solicitor General Suhada Gamlath and retired High Court Judge Heiyanthuduwa to look into those cases and advise him to probe the recent incidents surrounding the Anuradhapura Prison linked to State Minister Lohan Ratwatte.
Justice Minister Sabry speaking in Parliament yesterday said approval for the appointment of the committee was granted at Tuesday’s Cabinet meeting.
Minister Sabry expressed regret that such an incident had taken place and assured that the Government does not condone such incidents that should not have taken place under any circumstance.
Minister Sabry expressed his regret to all individuals who were subject to the incidents at the Anuradhapura Prison.
“As per a clause in the PTA, both parties should be heard and this process can only take place in a civilised court case where the defence cannot put forward the prosecution case and where the prosecution cannot put forward the defence case and there has to be someone to decide on that. We agree on that.
The PTA is an exception that was required because unconventional methods were used by terrorists in the past to wage a war against the country. So we need to protect the national security and the national interest of this country. When national security is secured everything else is secured,” he explained. He said that everyone in the country suffered during the war, particularly the Tamils. He said, similarly, due to the Easter Sunday Terror Attacks by Zaharan and his clan, the PTA had to be used again. However, he said that the liberty and freedom of all citizens of this country have to be respected. As a Government, we have acknowledged that.
Therefore, he told MP Ponnambalam, who raised this question that if there is anyone that he feels is detained unfairly under the PTA, they could make an application to this Advisory Committee who will then look into it and advise the President accordingly.
With regard to the request to transfer the prisoners at the Anuradhapura, Minister Sabry said that several measures will be implemented to ensure the safety and security of prisoners, as it is the Government’s responsibility to do so.
Accordingly, the Justice Minister noted that the Government holds responsibility for the prisoners and will ensure the prisoners are sent to a more secure facility.
However, he said that it cannot be guaranteed that these prisoners would be transferred to Jaffna, but said that they would be transferred to a safer environment.
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