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    245 views61 pages

    Sri Lanka Leaked Copy of Draft Legal Framework For New Counter Terrorism Law PDF

    Uploaded by

    Thavam Ratna

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 61
    Policy and legal framework of the proposed Counter Terrorism Act of Sri Lanka © Preamble ‘An Act o make provision for (a) the protection of Sri Lanka's national security and the security ofits’ people from acts of terorism and related attacks, (b) the protection ofthe unity, tev (6) the prevention ofterroriem and related atta ‘and the securty ofthe public, the protec ‘areas from the scourge of terrorem, ‘SH Lankan terruory and its’ peopl enyf@B ‘arrest, custody. detention, investigation, fe shment of persons who have committed acts anlggther offences which would 8 the Counter Terrorism Act, No... of 2018. Into operation upon the certification ofthis Act bythe lament. o of the Act - Provisions of his Act shall be applied and or enforced to preven, dete, investigate and counter terrorism and related offences, and protect the security of Sri Lanka and is” people, and the security and the people of other countries, from acts of terrorism and related attacks n the manner stated below. I shall not be used for any other purpose. & Maintenance and protection of the unity, territorial integrity and sovervignty of Sri Lanka from acis of terrorism and related offences. 1b Preventing. combating and responding to attacks and ‘hreais against Sri Lanka's national interests, including the security of Sri Lanka and its’ people, from acts of terrorism ‘and related offences. © Prevention, combating and responding to attacks and ‘threats against the security of other countries and their people from terrorism and related atacks. 4. Preventing the use ofSri Lankan territory and ts’people 10 perpetrate terrorism and related attacks on other countries ‘and territories. Preventing ihe committing of offences coiled inthis Act JF Identification, detection, apprehens custody, detention, investigation, of persons who are preparing ited ‘acts of terroriom and 5. in thi Act apprehend, arrest, take persons who may have co ted to acts of terrorism ‘and other offences cont ‘aggravated nature, , the difficulties. withthe conduct of investigations into suck off @ af the Aet- Provisions ofthis Act shall apply contained inthis Actis committed by any person party. m Sri Lane, b offence contained in his Acts commited by any person igor over the tertorial waters of Sri Lanka. ‘an offence contained n his At is commited by any person inthe airspace of Sri Lanka. \d. Where an offence contained in this Act is commited on-board or in respect of an aircraft or vessel regisiered in Sri Lanke oF belonging or wed by the Government of Sri Lanka. {€ Wherean offence contained in this Act is committed by any person wholly or partly within a diplomatic or consular mission of Sri Lanka, or the residence ofthe Head ofthe diplomatic or consular mission af Sri Lanka, or at the residence of any diplomatic or consular officer or anyother employee of such mission. 2 4. Where an offence contained in this Act is committed wherever, in respect of a citizen of Sri Lanka deployed in an international peace-keeping or monitoring mission. & Where an offence contained inthis Act is committed by any person wholly or partly within the office premises situated outside Sri Lanka of a statutory board of the government of Sri Lanka or the residence of an employee of such a statutory board. ‘h. Where an offence contained inthis Act is commited wherever, in respect of property owned by the government of Sri Lanka, 4. Where an offence contained in this Aet is committed wherever tn respect ofa citizen of Sri Lanka. J. Where an offence contained in this Act is cman by 4 citizen of Sri Lanka. & Where an offence contained inthis by. 4 person who has previously inka, Provided ‘however. provisions ofthis law Mall be respect of such person, only if he co Iabigual residence in Sri Lanka, or ifhe does: residence in Sri Lanka, with the concurrence of eof which he is @ citizen. is committed wherever by ence in Sri Lanka, ‘or having the knowledge or reasonable grounds fo believe that have te effec of — 4, threatening, attacking, changing or adversely afecing the unity, ‘erritorial integrity, security or sovereignty of Sri Lanka, oF that of any other sovereign nation, or illegally or unlawfully compelling the Government of Sri Lanka or the government of any other sovereign nation, to reverse, vary or ‘change a policy decision orto do or abstain from doing any act relating fo the defence, national security, territorial integrity, “sovereignty of Sri Lanka or anyother sovereign nation (asthe cave ” conspire, attempts, commits, or abet the commiting of any 10 in paragraph ‘(il)’ hereof, withthe intention to or the w ‘may be), and the protection ofthe people of ri Lanka or the people of amy other sovereign nation (as the case may be), 6. legally causing a change of the Government of Sri Lanka or of ‘any other soveretyn nation (asthe case may be). 4. commiting any act of violent extremism towards achieving Ideological domination, shall be guilty ofthe offence of ‘terrorism’. (iy Aets falling sethin the ambit of the offence of terrorism, shall be the allowing: 4. Committing or threatening fo commitor instigatgghe committing of acts of violence of any manner on any murder attempted murder, grievous hurt, hy ‘wrongful confinement, extortion, or b. Complete or partial destruction ‘the State or private property Robbery, extortion orth Property, including «any document d. Robbery, extortion, Wor ‘wo any information or data ePing ofthe lives of the public or causing risk and wellocing of the public or a section ‘harm to the economy of Sri Lanka or that of any ign nation, as the case may be. serious damage to the environment of Sri Lanka or that jany other sovereign nation, as the case may be. sing obstruction or damage 10 essential services or supplies, Causing obstruction, damage to or interference with any electronic or automated systems or any critical infrastructure or Logistical facility associated with any essential service. (ii) Provided however, amy action taken by any person in good-faith in the lawful exercise of a Fundamental Right, or in pursuance of or to give effect to a lawful order made on him or in accordance with or to give effect 10 a judicial order, shall not tantamount to an act af terrorism. Exercise of a Fundamental Right with the intent to, or with the object of 4 (F having the knowlege or reasonable grounds to believe that it would have the effect of achieving any ofthe objectives contained in paragraph © above, shall not be deemed to be an instance of lawful exercise of a Fundamemal Right’ (iv) Punishment forthe offence of terrorism - Any person guilty ofthe offence of ‘terrorism’, shall ypon conviction by the High Court. be Fable 0 4 term of imprisonment which may extend to imprisonment not exceeding 20 years, and tafine, and may be subjected othe confiscation of his property. If however, as a result of the offence having, been ‘committed, any other person shall come by his deathY@e a foreseeable ‘consequence of his conduct, the person convicted offence of tervariem’ shall be punished with th (») Any person who attempts, abet, consi ission of the offence of ‘terrorism’. shall be and shall on ‘conviction by the High Court be for a period not exceetting 15 years, and 1 ‘+ Terrorism rel Committing of any o ‘with the intention to or object of, or ‘having the knowled pgrounds to believe that it would have the Git of ‘uty, territorial integrity, sovereignty of Sti Lanka, or ‘or defence of Sri Lanka, or the security of the people constitute a terrorism related offence’ a ing the death of any person in the course of committing a terrorism related offence. (Gi) Attempting to commit the death of a specified person (i) Committing the abduction or wrongful confinement of a specified person (©) Taking a specified person, member of hs family and any other person Of significant importance ta such specified person asa hostage. 5 (0) Committing criminal intimidation of any person. (vil) Committing the death of any person inthe course of commiting the ‘murder of «specified person. (Cit) Comming the death of any person, who had been a witness tothe causing of death of a specified person or of any other offence ‘contained in this Act (ix) Commiting the abduction or any person, who had Been a witness to the causing of death of a specified person nce sce joj: eee nae he aa Sa che Victim of crime or witness 1 offence contained ( Of property of the State, ‘other information. (i) Commiting of the Sate, ‘atiack on a specified person, which offence shal carry @ term of imprisonment of seven iil) » ‘any harm, damage or destruction in any manner whatoever of any State owned, controled or regulated critical ated system, digital data-base or processes, 6») Comming harm, damage or destruction of any State owned, Controlled or regulated critical infrastructure or logistical network associated with any essential service. (oxi), Without lawful authority, importing, exporting, manufacturing, collecting, obteining, supplying. trafficking, possessing or using firearms, offensive weapons, ammunition, explosives or combustible ‘or corrosive substances or any biological, chemical, elecric or ‘electronic or nuclear weapon. (ii) With the intention of causing harm tothe unity, territorial integrity or sovereignty of Sri Lanka, or the peaceful coexistence ofthe people of ‘Sri Lanka, by words etter spoken oF intended to be read or by signs ‘or by visible representations or otherwise, causes ortmends to cause, ‘the commission of acts of violence between diferent communities or racial or religious groups. (Govt) By words either spoken or intended to be read or by gps or by visible representations or otherwise, causes or in the commission of terrorism or any other offer bor otherwise incites the commiting of tens the unity, territorial integrity, security Lanka. (xis) Reeruts or entices or en join @ proscribed ‘an objective is t0 Fim this Act (sx) hg the committing of an offence scribed terrorist onganizaion or 1as an activist or representative of a (xi) ‘r tn any other manner, wronghlly or illegally (Or interferes withthe identification, arrest, custody of a person whom the offender knows or should have had ‘grounds o believe had committed or is committing or is oF attempting fo commit an offence contained inthis Act (xi) Commits robbery, extortion or theft of property or otherwise obiaine ‘money or any property or other material for or on behalf of a proscribed terrorist organization or any person who is preparing to ‘commit an offence contained inthis Act, to aid himself or such other ‘person to commit an offence contained inthis Act. (exit) Recruits, selects, incites, induces, forces, preaches or trains, children ‘0 join a praseribed terrorist organisation, or 1 commit terrorism, or any other offence contained in thie Act. 7 xt») Voluntarity conmibutes money. property or material on behalf of a ‘Proseribed terrorist organization or any’ person, knowing or having ‘reasonable grounds to believe that such money, property or material (oF the value thereof may be used 10 commit an offence contained in this Act, o for the purpose of evading the course of justice following ‘he committing ofan offence contained in this Act. ex») Commits any offence punishable in terms of sections 114, 11610 126 snd oft nl Code (Comm fein ms of Hoey A, (Commish fief man AY (et) Conmin afore ec et (exis) Commits any offence in ent Systems and Devices det (cs) Commits any aff echange Control Act. (exxi) Commits anileg the trading of listed securities. fence in terms of the Poisons, Opium and ie 4 Cee natty ont vil and for he pupae of atvaning the ‘objectives (io commit offences contained in this Act) of such ‘organization, provides services toa proscribed terrorist organization, eer») Commits any act outside the territory of rt Lanka, including on board ‘any aircraft or vessel, in the high seas, international airspace or on ‘he teritory of any other country, for the purpose of organizing or in ‘Preparation of or atempung to Or give effect to any plan to commit ‘any offence contained inthis Act. (2xevi)Functions or serves as a leader, member or a cadre of a proscribed terrorist organization or reeruits persons to be a member or eadre of ‘a proscribed terrorist organization (cxevii) Punishmen for terrorism related offences - Any person guilty of ‘any ‘terrorism related offence’ hall on conviction by the High Court, {f death has ensued of any other person as a reasonable foreseeable consequence of the offence being committed, be punished with ‘imprisonment till the death ofthe offender, and be lable to a fine and confiscation of hs property. If not, be Table 1 imprisonment to aterm not exceeding 15 years, and to a fine and t0 the eBrfscation of his Property. (Cocruili) Any person who attempts, abet, the commission of @ terrorism related: guilty of an offence, and shail on conviction igh Court be liable to {imprisonment to @ erm not 100 fine. Associated offences @ Knowing or jpn lieve that, a person is conspiring, abetting or! 10 commit the offence of ‘related offence” or any other offence lure to provide information regarding such i. Preparation, or attempt, to the offcerin- and such offender shall be liable following conviction, mprisonment not exceeding 3 years and toa fine wy img or having reasonable grounds to believe that a persom has commited the offence of terrorism’ or a ‘terrorism related offence” (or any other offence contained in this Act, failure to provide ‘formation of such commiting, tothe officerin-charge ofthe nearest police station or failure to provide Information relating 10 the whereabouts of such person, shall be an offence, and such offender shall foliowing conviction be liable to a term of imprisonment not ‘exceeding 3 years and toa fine. (it) Upona police officer questioning a person regarding the whereabouts of a person who has commitied the offence of ‘terrorism’ or a ‘terrorism related offence’ or any other offence contained in this Act, ‘or has conspired, abeited, prepared or attempted 10 commit such ‘offence coniained inthis Act, and knowing ofthe whereabouts of such ‘offender, fatls 10 provide such information or provides false or ‘misleading information, shall be an offence, and shal be liable to a {erm of imprisonment nat exceeding 3 years and to a fine. (iy) Punishment for associated offences - Any person who (a) violaes or ‘ais in contravention ofa lawful directive or order Wade in terms of this Act, or 6) wilfully fails or neglects to direction fssued in terms of ths Act, or (c) fails Provides false or misleading informati roe nna — ‘in terms of this Act, (d) wilfully j implementation cea, pees eae Recon ee ee years and to a fine, Sy » oar NY : a ee in who voluntarily engages in any legal, unlawful or d act for the purpose of gathering any ‘confidential tion’ for the purpose of supplying such information to a ‘who is conspiring. preparing. abetting, or attempting to {errorism or any terrorism related offence or any other “offence contained inthis Act, shall hereby commit an offence, and shall ypon conviction be lable to serve aterm of imprisonment not ‘exceeding 7 years and toa fine. () Any person who voluntarily and legally or unlawfully or nan unauthorised manner, gathers confidential information, for the purpose of supplying such information to a person who is ‘conspiring. preparing abeting or attempting to commit terroriom ‘or any terrorism related offence or any other offence contained in 10 aw) o this Act, shall thereby commit an offence, and shall upon ‘conviction be liable to serve aterm of imprisonment not exceeding TO years, and toa fine. (©) Any person who provides to another person any confidential ‘information, knowing or having reasonable grounds io believe that such information will be used by such other person to conspire ‘abet, attempt or commit terrorism or terrorism related offence or ‘any other offence contained inthis Act, shall thereby comm an effence, and shall upon comiction be liable to serve a term of ‘imprisonment not exceeding 10 years and toa (@ Any person who provides any ‘gga threat force or anyother form of i the purpose of encouraging, co ‘Person to commit an offence in fa), (8) or (0) ‘above, oF provides a grat tion af such other ‘person having. commity of paragraphs (a (@) or (c) above, ‘and shall upon imprisonment not exceeding = Unless 0 Deffencesin terms ofthis Act shal in terms Act be considered as cognizable thwith be impartially and comprehensively ‘and punished in terms ofthis Aet and other 9f Arrest, Custody, Detention and Investigation Who may conduct investigations - Following the receipt of {information pertaining to the committing of an offence contained in ‘his Act, or of the preparation fo commit such an offence, any police afficer who is an Officer-in-Charge of @ Police Station or any other police officer authorised by an Officer-in-Charge ofa Police Station, shall be ented to commence and conduct an investigation into the ‘commiting of such offence or preparation u Provided however. where an offence or preparation to commit an ‘affence has been commited inthe presence of a police officer. or a ‘person suspected of having committed an offence is arrested in the tmmediate aftermath ofthe commising ofan offence. it shal be lawful or the oficer who arrested such person to question the person so arrested, and commence the investigation. Provided however, such police officer shall forthwith inform the ‘offcer-incharge of his police station, of the commencement of such Investigation, and thereafer actin terms of hs instructions. (i) Arrest - Any police officer or any member of ees or a coast guard officer, may arrest without a who commits, or whom he has reasonaly ve has ‘commie in his presence an offence (i) Any police officer or any mem eg yres ora coastguard officer, may arrest any p Yellyed by him to be evading arrestor lecing from Sri Ona the committing ofan offence in terms of this Act, for having commited an offence in terms, ba a condition of bat, (0) Informs The time of arrest - At the tine of the officer or the member ofthe armed forces nt) ofthe police officer. member of the armed forces or guard office, as te case may be. 4. The reason forthe arrest (allegation /offece alleged fo have been ited) (0) Handing over of the suspect, following arrest by a member of the armed forces or coust guard officer = Any person arrested by @ ‘member of the armed forces or by a coast guard office, shall be handed over tothe ofcer-incharge ofthe nearest police station orto the custody of a police oficer designated from time to time in that ‘regard bythe Inspector General of Police, without unnecessary delay, ‘and in any event within a period not exceeding 24 hours. 2 ‘IV the handing over of the person arrested to the officer in-charge of ‘the nearest police station or to the police officer designated by the Inspector General of Police referred to above, within 24 hours is mot practicable due to reasons beyond the control of the person who carried out the arrest, the person arresed (suspect) shall be handed over to the oficer-im-charge of any police station as soon as possibe. Provided however, if such person had been arresied outside the territorial waters of Sri Lanka or on board any aireraftor vessel, the ‘period of me taken without avoidable delay o bring such arrested ‘person tothe nearest police sation or o the police Bier designated by the Inspector General of Police orto any othtapolic ation of Sri Lanka, shall be excluded from the afore-s Provided further, the member ofthe Gad fo fe coast guard officer as the case may be who care out shall as soon a8 possible noify the arrest (oft 0 of the armed forces orto a senior officggB¥ th cd (asthe case may be). who has been authorise information. Such officer shalt following tion regarding the arrest, forthwith lcerinccharge of the nearest vplice stationfor lofcer designated by the Inspector ee g ch information gover of the person arrested (suspect) to the ‘nearest police station orto such other police 1 Coast guard (asthe case maybe) who carried out the i make a statement 10 such offcer-in-charge ofthe police ‘Setting Out the circumstances relating 10 the arrest of the . He shall also handover fo the officer-in-charge of the police station all items that may have been recovered from the person arrested or found in his possession oF in the surroundings of the (01) Stopping the movement ofaperson - For the purpose of ascertaining whether or nota person is taking steps preparatory fo the commiting of an offence contained in thie Act or has committed an offence contained inthis Act, orto determine whether he i fleeing Sri Lanka (or evading arrest, or has violated a condition of bail, any police 3 officer or a member ofthe armed forees or a coast guard officer (as ‘the case may be), shall be entitled to briefly stop the movement of any person and question him, He shall also be entitled to search such ‘person and any thing that may be tn his surrounding. For the purpose ‘of carrying out such search, he shal be entitled o enter any premises or land, or siop and enter any vehicle, or any means of sea or air transport. (019) Questioning and searching by a member ofthe armed forces or coast -euard officer - A person who has been arrested by a member of the armed forces or by a coast guard officer, may BBquestioned and further searched by a commissioned officer of amgrmeiMfgrce or by a coast guard officer. (itl) Arrest by a police officer - Any police fa) reasonable ‘grounds 10 believe that any per ‘concerned in commiting an of (x) Ishall be oficer to obtain the assistance of a 4 coast guard officer to carryout an RB or to secure such assistance to take the «buy < Following the committing of any offence contained in 3 all be the duty ofa police officer to, as soon as possible ca le arres ofthe person who committed such offence. “ stopping, questioning and searching - For the purpose of determining whether reasonable grounds exist to arrest a person in terms of this Act, a police officer may temporarily stop, question and search any person and hs immediate surroundings. For such purpose, shall be lawful to enter any premises or land, or stop, enter and ‘search any vehicle or any other means of land, water or lr transport. (sil) Forensic medical examination of the arrestee - Following the arrest of a person bya police officer or handing over ofan arrested person ‘bya member ofthe armed forces or bya cast guard officer toa police 4 officer, the oficer-incharge of the relevant police station ora police officer authorised by such oficer-in-charge, shall examine the suspect 10 see whether he has any injuries that may be visible I the arrested ‘person has any infuries tha may be visible, he shall make a note oft, ‘and inform the offcerin-charge of the police station. The offcer-in- charge ofthe police station shall cause the suspect tobe examined by 4 Judicial Medical Officer or by a government forensic medical specialist and obtain a report. Unless there is a renson for medical treatment, the Judicial Medical Officer or the government forensic ‘medical specialist shall return the suspect to police custody, without ‘any delay. The period of time taken for the fovensi@iedical clinical examination and providing of treatment if any, thal! oR taken into neni sno = ees SS... ofthis Act he shall be taken int person who carried (Gein) Duy to protect le measure shall be taken fo) Arrest off measure shall be taken 0 carryout the arrest ‘bya female police ofcer or by a female ‘mem rees or female coast guard officer, oF in the le officer. The arrest shall be carried out, with te privacy ofthe person being arrested. “Se questioning of females - Every possible measure shall be udten to question a female suspect, by a female police officer or by ie member ofthe armed forces or coast guard officer or inthe presence of a female officer asthe case may be, and the search of a female suspect shall necessarily be conducted by a female police office, female member ofthe armed forces or by a female coast yuard officer. Covi) Notification ofthe arrest -A police officer or a member ofthe armed forces or a coast guard oficer who arrests a person in terms ofthis ‘ct, shall, if an adult member of the family is present on suck ‘occasion, issue 10 such person as soon as practicable and not later 5 ‘han 24 hours from the arrest, in the format contained in the I ‘schedule ofthis Act, ‘an acknowledgement of the arrest and custody” ‘pertaining to such arrested person. Ifsuch a person (adult member of ‘the family of the arresed person) is mot present, the person who carried out the arrest shall inguire from the person arresied, the ‘identity and whereabouts ofa person to whom the acknowledgement ‘referred to herein shouldbe served, and ifthe arrested person provide such information, every possible endeavour shall be taken to serve the ‘acknowledgement on such person A copy of the said acknowledgement shall be served on the person arresied. (sili) Production of the arrested person before ny person arrested by a police officer, shall with 1, be produced before the Officer-in-Charge, (to which ‘such police officer is attacked to. If ble, the suspect shall be produced before ‘ofthe nearest police sation. of Sri Lanka - As fan cusiody ofthe suspect shall Commission of Sri Lanka tn 1d in the schedule ofthis Act jeneral of Police or his authorised ince with the format contained in the 3 ‘and Register - The Inspector General of Police tish and maintain a central Register and data-base, with 10 the arrest, custody, detention, remand, grant of bail, ‘prosecution, conviction or acquittal and punishment of ‘persons arrested in terms of this Act. The Inspector General of Police ‘shal when requested by the Human Rights Commission of Sri Lanka, ‘Provide information contained in such Register and data-base o the Commission. The information received by the Commission shal! be used only forthe purposes of giving effect to the objectives for which ‘the Commission has been established. The Commission shall ensure ‘hat, the information received isnot ured by any person in @ manner ‘hat would prejudice an on-going investigation. (xxi) Production before a Magistrate - A suspect who has been arrested and taken into the custody by a police officer or bya member of the Armed Forces or by a Coast Guard Office, shall be produced before ‘any Magistrate not later than 72 hours following his arres. Provided ‘however, when calculating this period, the time taken to bring @ suspect arrested at sea or inside an areraft not within Sri Lanka to a police station in Sri Lanka shall be excluded. (xi) Suspect to be handed over to be detained - [fy the time the suspect is produced before any Magistrate, an ex facie valid Detention Order Jhas Been issued in terms ofthis Act, andi Magistrate {for his inspection, the Magistrate shall direct over of the “suspect tobe detained in terms ofthe said (exit) Remand of, grant of bail to, and = I by the ‘ime the suspect's produced bef te. BDetention Order has not been issued or such aD presented 1 the Magistrate, the Magisray offcer-in-charge of the relevant police sition ma gation forthe remand of such suspect, citing "magistrate concludes are ae that the suspect be placed in eria-charge ofthe relevant police me cor has no objection to bail being suspBet on bail, upon conditions to be stipulated did ers oll) Y te RSet Seg cers C aeininie = The Magisirate before whom the suspect is produced, shall lysee the suspect, and inquire ino his wellbeing and welfare, record any responses the suspect may provide. Such interview shall be held in private (inthe absence of any police officer who may have ‘participated in and or investigated ita the alleged committing of an ‘offence by the suspect) (xv) Magistrate to direct forensic medical examination - If on a ‘consideration of the response if any given by the suspect, the Magistrate's observations and representations if any made in that regard by the police (following the Magistrate revealing tothe police ” ‘any allegation the suspect may have made), if the Magistrate forms the opinion, thatthe suspect may have been subjected fo torture, the Magistrate shall direct that the suspect be produced before a -zovernment forensic medical specialist, and be examined by such specialist, anda report be submutted by him to the Magistrate. (Gx) the report of the government forensic medial specialist reveals the possibilty of the suspect having been subjected 10 torture, the Magistrate shall on a consideration of answers if any that may be ei oor cence a ese a arte. detention and representations ifany made by SS direct that necessary treatment be provided direct the Inspector General of Police 10 suspect in an alternate place of det e Sie ‘thatthe suspect be placed in such al tention, police officers who previously had access ot have access to the suspect. Nevertheless ees committed an offence may continue at the discretion of the Inspec lee. The Magistrate shall to cause the conduct of an ‘of perpetration of torre and rial tothe Attorney General for the ‘of criminal proceedings against the (codPecMasimum period of remand No person sal beheld in remand custody, unless criminal proceedings have beoninstiuted against such person within I yea olowing Ms arrest However, the prio of remand custody may be extended beyond | ear. onthe ander of a ‘High Court judge, made on an application By the Attorney General The maximum period of the extension of the remand, shall not exceed 1 year eriminal proceedings have not been instituted within I year Jolowing the ares of th suspect or within suc etended perio, the “Magistrate shall enlarge the suspect on bail on conditions 10 be Stipulated by the Magistrate 18 (ccs) Grant of bail during High Court trial - Ifthe tial against a person remanded in terms of this Act cannot be concluded within 2 years following the preferring of indictment, the High Court judge before ‘whom the tial is pending ori taking place, shall favourably consider ‘enlarging such accused on bail unless the delay inthe completion of the trial can be attributed to the conduct of the accused or his Adornes-at-Lavs, (xxx) Detention Orders - A Deputy Inspector General of Police, om an application made by the offcer-in-charge of thiMgelevant police station and recommended by the officer je relevant police division, may, for reasons to be on Order, issue a Detention Order in “format ‘contained in the 4 schedule of 1 direct and ‘authorise the detention af the su exceeding 30 days at a time, at an determined and stipulated by him, in nitions of detention. Detention of suspects In tion Order shall only be _for purposes of fc the investigations in respect ‘of such person. Gx) Ne ‘the Human Rights Commission ~ person in terms ofa Detention Order, the sion of Sri Lanka shall be notified of such ‘possible and not later than 72 hours from the ‘of detention. A copy of the Detention Order shall be to the Human Rights Commission as soon ax possible, 1 specified place of detention by a Magistrate and Human Commission - Any Magistrate or an authorized officer of the Human Righis Commission shail be entitled to, without advance notice, enter and examine any specified place of detention, callfor and inspect detention registers, Detention Orders and other books and documents required to be maintained at such place, and interview persons being detained at such location. Provided however, a Magistrate or officer of the Human Rights Commission shall not be emitted to examine notes of investigations and siatements recorded of witnesses and of persons arrested or detained. 9 (xii) Maximum number of Detention Orders - Following the arrest of 4 person, not more than 6 such (30 days) Detention Orders may be ‘issued in respect of one person (xnly Serving of copies of Detention Orders - Copies of Detention Orders ‘issued in terms of this Act. shall be served an the person being detained and an acknowledgement obiained and filed before the ‘relevant Magistrate. A copy ofthe Detention Order shall be served in ‘the manner stated in paragraph (ii) on the person referred to in the said paragraph. (xxv) Visit to place of detention by Magistrate - A Me 4 suspect has boon produced and detain Detention Order, sal! be empovered such suspect, interview the suspect wellbeing, He may visit such advance notice othe auth place of detention. Ut shall be the duty ofthe ‘specialise and for the report t0 be ‘4 consideration of such report, answers response to questions thatthe Magistrate may deteppines may have been involved in the possible perpetration of He shall also direct the Inspector General of Police to cause ‘the conduct ofan investigation into the alleged perpetration of torture ‘and submit the investigational material 10 the Attorney General for ‘the consideration of the institution of criminal proceedings against the ‘alleged perpetrators of torture. (cexvipDetention beyond 90 days only with approval of Magistrate ~ Provided however, fa suspect i 1 be detained in terms of Detention (Orders issued in terms ofthis Act, beyond a period of 90 days, the offcer-in-charge of the relevant police station shall fle a 20 ‘Confidential Report’ in the Magistrates Court citing (a) the allegation against the suspect, (b) nature of investigational findings and (©) reasons which require further detention (in terms of Detention Orders issued in terms of this Act, and obtain the approval of the relevant magistrate for suck continued detention. The Report so fendered 1 the Magisiraies Cour, shall be treated as being ‘confidential’ by the relevant Magisirate. No one other than the Magistrate shall have accesso the said Report other than in terms of this Act. However, the suspect and his Attomey-at-Law shall be ‘entitled to address the Magistrate citing reasons as 1 why the period of detention should not be extended beyand 90 dayshe police shall be entitled to respond to such submissions. shall be recorded by the Magistrate. The Magis approving continued detention or re I as the ‘ease may be, These proceedings imgamera. If the Magistrate refuses to grant he the suspect in remand custody. Gexxvil) The onder granting " approval, shall be an ‘appealable order, ‘shall exercise appellate Jurisdiction in against such grant or refusal rates Court. Following the filing of strate shall immediately under the Report filed by the police and the the suspect. Following the hearing of the appeal the shall either affirm the order made by the Magistrate, or the re-transfer ofthe suspect from remand custody o detention {n terms ofthe Detention Order or direct the placement of the suspect {in remand custody, as the case may be (citi) Production of detainee before @ Magitate once in 30 days = During the pendony ofthe dotertion of @ suspect in terms ef Detention Onder, he suspect shal be produced before Magia dance in every 30 days. When such suspect is produced before a Magisirte, suck Magistrate shall inquire into the welfre and welling ofthe supect. ad acta provided herein fore a (xxix) Production ofthe detainee before « Magistrate following completion (of detention Following the completion of the period of detention in terms of a Detention Order. the suspect shall be produced before ‘Magistrate, who shall personally see the suspect and inguire into the wellbeing and welfare of the suspect, and act as provided herein before. (cl) Police officer to have access te suspect in remand ~A police officer ‘conducting an investigation n terms ofthis Ac, shal be entitled o on ‘an application made lo a Magiirat, have access ‘placed {in remand custody in terms ofthis Act, and record his statement. He shall also be ented to gn by a Magistrate, take the suspect ou of the Purpose of conducting further investigations 7 at all such times, an oficer of the Prisons "i om (atl) Adminiserative relief tn There shall bea ‘Board of Review’ established in oh je Board of Review shall sry 10 which the Police other persons appointed by shall be persons with professional fe fds of (a eriminal investigations 2) onan rights. The Secretary shall serve the Board of Review. Any person aggrieved by ‘arrest and or detein him in trms ofa Detention terms ofthis Act, may, acting drety or through his La, appeal othe Board of Review, 10 review the said ‘arrest and or dein him. The Board of Review shat fer the appeal having taken Into consideration the grounds nthe appeat an th reasons expressed by the oftcer-tn-charge ofthe relevant police station and the officer who issued the detention order and ihe officer who requested that a Detention Order be issued, and make a ruling on the matter. The ruling may conan a direction pertaining to the continued detention of the appellant The sat direction may include terminating the detention of the suspect, ‘Producing the suspect before a Magistrate and requesting that he be placed in remand or that ail be granted to the suspect. The raling ‘hall be made within 2 weeks of the application having. been presented, and shall conan reasons, and shall be communicated 19 2 ty (sli) Detention during remand - Ihe oficer-in-charge’ flv) ‘he appellant and to te officer who had issued the Detention Order ‘and othe officer who had requested that a Detention Order be issued. Judiciat review of detention and remand ~ Norsithstanding the above any suspect being detained in terms ofa detention order sewed Interms of ts det orn remand custody, may eter nthe alternative 10 0 in addin to seeking administrative relief in terms of the receding section, seek judicial review of such detention or remand, ‘ntermsof the law. receives information which he believes to be «person ‘placed in remand custody in terms ofthis Ais, “abetting the commiting of an offence ‘contained in this Act, or (i) is from remand ‘usd, or (ii) preparations are willy have him {Freed oF (v) had commited a nthe ths Act prior {othe arrest, and such offi of such fact, he ‘shall report such mater 9 ite relcvnt Mariseate bificer-in-charge of the police faith, and that notwithstanding the iy, the allegation against the suspect he well founded, following the production sued in terms of this det, he shall permit the the police station to take custady ofthe suspect, from remand, and have such suspect detained in Detention Order. Such detention shall be in force only for the Magistrate authorises such detention. Provided the Magitrat shall review the need for such detention once 7) 30 days. The transfer ofthe suspect from remand cusiod’t0 detention, shall be notified to the Human Rights Commission. Release from custody and detention - No person arrested in terms of ‘hi Act, shall be releaved from custody or detention unless he is first produced before a Magistrate and released following notification to ‘the Magistrate and subject to any condition the Magistrate may impose. The impending release ofthe suspect shal! be notified ta the ‘Human Rights Commission of Sri Lanka by the oficerin-charge of ‘the relevant police station, providing such time as may be necessary 2 forthe Human Rights Commission o send an authorised officer to be ‘present when the release takes place. (ctr) Right of access 0 an Auorney-at-Law ~ Following the recording of the frst statement (bythe police) ofa person arrested in terms ofthis ‘Act oF the expiry of 48 hours from the time of his arrest, whichever occurs first, the person arrested shall have the right of access 10 Atiomeys-a- Law of his choice and to receive legal advice from such Atiorneys-a-Law. Ifthe suspect informs a police officer that, it would not be possible far him to retain an Attomney-at-Law of his choice, and consents to obtain legal advice of an Atorney-at-L@mgetained bythe Legal Aid Commission, the officer-in-charge oft fation shall notify such requirement to the Legal Aid Commission has necessary resources, iy Atiorney-a-Lawe, who shall provi advice 10 the suspect, and shall appear on his b ed before a Magistrate (vi) Entidement of an Atton Auorney-at-Low retalned by a suspect arrested ining tin Attornej-at-Law retained bythe Legal Aid by the preceding paragraph, ‘shall at any 1 day, having given advance notice of his ary urge of the relevant police sation, shave the 5 the officer in-charge of a police sition id 10 make representations on behalf of the ions ofthe Code of Criminal Procedure Act not to apply ly of sections 113, 116 and 120 of the Code of Criminal ‘Act shall have no application in relation to persons din terms of ths Act (lvl) Application ofthe Code of Criminal Procedure Aet - Subject the ‘provisions contained in this Act other provisions of the Code of ‘Criminal Procedure Act shall apply mutis-mutandis to proceedings interms of his Act. (lie) Proceedings before Magistrate Court Following a suspect aresed in tems of this Act having been produced before a particular Magistrate, al further pretrial proceeding relating to such suspect 4 ‘and proceedings relating 1o investigations ino the offence the suspect ‘is alleged to have commited, shall be held in the Magistrate's Court in which the relevant Magistrate presided atthe time the suspect was originally produced before such Magistrate. It shall not be necessary Jor the relevant Magistrate's Court to have been conferred with ‘territorial jurisdiction in respect of the location of the committing of the offence. (9) Powers conferred on police officers to prevent and counter terrorism and the commiting of other offences contained in tity Act, mitigate hharm, and conduct investigations into the cons fences: @ Police powers - For the, st of investigations into and the egftontained in this Act. The following ional t0 the said routine powers of terrorism and the commiting of other offences in this Act and use of force ~ It shall be the duty of officer and member of the armed forces, o take cary measures in terms of the law, to prevent terrorism thd other offences contained inthis Act. Such measures shall where necessary include the use offorce. The use offorce shall bbe exercised in good-faith, proportionate tothe harm that may be inflicted by perpetrators of offences, and only tothe extent such force may be necessary to (a) prevent the commiting of terrorism and other offences contained in this Act. (0) ‘protecting national security, territorial integrity and Ssveretgnty of Sri Lanka, (c) maintaining public order. and (4) for the purpose of apprehending in terms of this Act persons who have commuted offences contained in this Act id) Specialised Counter Terrorism Division of the Sri Lanka = The Inspector General of Police shall name and 25 establish a specialised counter terrorism Division in the Sri Lanka Police, which shall be the primary institution ofthe Sri Lanka Police tasked with the responsibility of preventing and countering terroriem, and investigating the committing the commiting of offences contained in this Act. Provided hhowever, the Inspector General of Police shall be entitled to ‘assign any investigation or handover any party conducted ‘investigation, into the committing of any offence contained in ‘his Act, 1 any other division or unit or to a police station of the Sri Lanka Police. It shall be the duty of the specialised Division referred to in this paragraph to, interalia (a) ‘maintain the central data-base referred tagin this Act, () ‘maintain statistics relating to the commitiiig of offences ‘contained in this Act, inveutigati prosecution, discharge, conviction sons ‘for having commited offences in (e) assess ‘threat situations posed byte ings 10 the general public, and (d) ctduet ito terrorism, develop investigation ud Sagtegies, best practices ‘and standards. + Following the inthis Act Or the recelpt of ‘hat, preparations may be ‘offence contained in this Act, the lice may constitute @ special team of ising of the following, to investigate such offence, orto fake necersary measures fo prevent ofan offence contained inthis Act Jead ofthe team of Investigators (who shall be a police ficer designated by name and rank) Criminal investigators, who shall be police officers designated by name and rank, Legal experts. ‘Scene of crime inspection officers Forensic medical specialists Forensic Peychologisis Forensic scientists, including serology, genetics, ballistics, explosives, and chemleal scientss. Finger, palm and foot-print experts. Handvriting and suspect document experts 10, Computer and automated network expers. 11. Forensie Auditors P2.Analog, digital, mobile and satellite communication ‘expert. MAR AH oe 6 13, Photographers and Videographers. 14 Such other and further Experts, the Inspector General of Police may deem necessary Following the constitution ofa team of Investigators in terms ofthis section the Inspector General of Police shall designate 4 police station tothe team of Investigators. The officer-in- Charge of such police station shall perform the duties and lr oe oe eee ead terms of this Act. Conferment of police powers - The Inspector General ofPolice ‘may forthe purpose of facilitating whe conduct Ofqnvestigations 6 10 take necessary measures lo pre of ‘offences contained in this Act, team of imestigatrs refered 0 officers, ‘powers conferred on police ‘this Act the Code of Criminal Procedur ce Constitution of = Following the committing ofan Act, shal be lawful Jor a police officer rank of a Deputy Inspector General of ims of frst responders and support Pnbers of the armed forces (with the ‘ammanders of the relevant armed fo ‘health care workers, emergency 3, public servants and other necessary ‘and evacuation of vicims of erime and other srs from the scene ofthe crime. viding emergency medical treatment. Recovery of dead bodies. Dose fires ‘Decacivate explosives and other lethal and dangerous subsiances 6 Carry-out controlled explosions, and de-activate lethal ‘and dangerous substances Remove debris (Create access routes Provide other emergency, humanitarian and security ‘requirements and services. 2 sto Por shall be the duty of those whose assistance have been sought, to provide such assistance as may be solicited. 2 co) (sia SC w ‘The inspector General of Police shall take necescary measures where necessary to compensate such persons forthe services provided. Powers 10 facilitate investigations - For the purpose of (a) aciltating the conduct ofan investigation into the committing ‘of an offence contained in this Act or (2) preventing the commiting of an offence contained inthis Aet, a police officer ‘not Below the rank ofthe Sub Inspector of Police who has Been ‘uhorised by an officer-in-charge of a police station 10 conduct an investigation in terms of tig Act, shall be ‘empowered to require any person ta adhere 1 lowing: 1. Be present for an interview. 2. Answer questions put him. 3% Provide information. 4 Make a statement. s E ‘contained in 6 > it implicating himself in the commiting of of persons - A police officer (a) conducting an estigation in terms of this Act or (6) for the purpose of preventing the commiting of an offence, may search any ‘person, whom he believes has committed or has been ‘concerned in commiting an offence in terms ofthis Act ar is preparing to commit an offence. The search ofa female suspect ‘shall necessarily be by afemale officer and with due regard to Privacy. Search of promles, veces, vessel, ete. =A police officer ce i eras of euhertaion reeled frm ce harge of @ police stn, may.) for the purpose of conducting an investigation into the commiting of an offence contained in this Act, or (b) to take necessary measures to 28 ‘prevent the committing of an offence, enter and search any ‘premises or other location, or any vehicle, vessel or airerafh or ‘ther means of transport, for the purpose of conducting an Investigation into the committing of an offence in terms of this Act or for the purpose of preventing the commiting of an offence. (a) Hating of vehicles, vesels, etc. - A police oficer may forthe ‘purpose of conducting a search or arresting any person oF for the purpose of preventing the committing of an offence, direct the halting ofa motor vehicle, cycle or any other means of land transport or any vessel (ai) Use of force to halta vehicle - Ifthe ‘a ile ‘or means of transport wilfully dis nthe police officer concemed or an on his ‘request may use force as may | such vehicle °A police oficer vehicle oresele Off, sailing of vessel, aircraf ‘below the rank of an’ Assistant lice may, (a) for the purpose of the purpose of conducting @ search, oF (2) 0 7 measures 10 prevent the commiting of an rect ha the aking. of any aireraft orth saling ny Wessel be suspended or delayed, or the landing of any aft ata designated airport or at any other appropriate ‘or that any vessel Be brought any porto harbour ‘or avy othe appropriate location. Provided however. advance natce of such direction fo suspend. delay oF landing of any aircraft shall be given to the Direcior General of Chit ‘Aviation, aud advance nace ofthe direction shall be given 10 the Commander ofthe Sri Lanka Air Force fr the purpose of obtaining aiv-defence clearance. Further, ifthe veszel is one of the Sri Lanka Navy, the Commander of the Sri Lanka Navy ‘shall be provided with advance notice ofthe direction. Gv) Taking custody ofan aircraft, vessel, ete. 4 police officer not ‘below the rank of an Assistant Superintendent of Police shall ‘be entitled to take into custody any ship or aircraft or 2 unmanned areal vehicle, for the purpose of conducting an investigation n terms of tis Act oF to prevent the commuting of an offence. Any police officer shall be entitled fo take into Fis custody any ather vessel. (Gv) The taking ofthe custody of any vessel or aircraft or unmanned ‘aerial vehicle shall be promptly reported 1 a Magistrate. Geil) Seicure, taking custody of tems - A police officer conducting ‘search in terms ofthis At, shall be entitled to seize and take {nto his custody, anything, which he belleves to have been (a) used, (6) derived ou of, oF (c) connected witl the commiting ofan offence contained inthis Act, or would MBaged 10 commit ‘an offence. Following such hing having ar soon as pastible produce ‘officer noi below the rank of an Superintendent ‘empowered to reguire any bank, non-banking ion or other designated finance or non-fnance (as provided for in the Prevention of Money 4c) 0 provide following ( Sperm alan ey seid aro proved {by such institution fo any person 2. Any fnanclal transaction carried out by anyperson. 3. Detail relating to hank accouns, deposi, remitances, ‘and withdrawals and financial services being provided ‘such inttation 4 Details relating to securing of financial services by any person 5. Certified statement of any account or other information periining to any account or transaction that may be tale for (xi) Obtaining information from service providers - 4 police ‘officer not below the vask ofa Superiniendent of Police shall 0 be enitled 10 call for and receive information from any telecommunicaton, satellite, or digital services or data service provider, the following: 1. Information pertaining to services provided or being provided by such service provider 10 any person. 2. Information pertaining to services used by any person {fo whom such services have been made available. 3 Any information or data or document or records that ‘may be stored, archived or otherwise kept by such service provider organization. 4 Information pertaining tothe uploading or downloading of data or information to or ny instrument through services provided by such insigion. (x) Obiaining information from institutions - A police officer n ‘Deputy Inspector General of Police s ofthe id call for and lowing: 1, Department of Customs 15. Commissioner General, Depariment of Motor Trafic U6 Director General, Telecommunication Regulatory Commission 17-Any other Head of a government department, statutory body, or other government institution 18.Chairman of a Provincial Council or a Chairman or Special Commissioner ofa local government authority (ex) Causing clinical forensic medical examinations - An Offcer- in-Charge of a Police Station shall be entiled io directly ‘submit @ suspect in custody or a vietim of an offence to a government forensic medical specialist for examination and at report. Following the examination, the Report shal be directly submitted by the medical officer, to the relevant Officer-in- (Charge ofthe police tation. (xi) Directly submiting items to Government Analyst or other Expert ~ An offcerinccharge of a Police Station shell be ented to directly submit any hing including a document to ‘he Government Analyt oro any other local or foreign Expert for examination. analysand repor. Following the ‘examination, the Report shall be diecly submited by the Government Analyst or other expert. othe relevant oflcer-ine charge ofa police station. Act or () the receipt of reliable infarmation tha an coniained in tis Act may be commited, a police aficer not blow the rank ofa Senior Superintendent of Police may ssrue ony one or more of the following “ireeives forthe purpose of protecting persons from harm or further harm associated with the commiting of ‘an offence contained inthis Act ‘&. Not to enter any specified area or premises. 1, Toleavea specified arca or premises. 1 Nott leave a specified area or promises and to remain indoors 4 Notto ravel on any rad. {© ‘Not to provide transport to anybody or not to transport anvthing. TT suspend the operation of a specjied publie transport system > 2 & Toremovea particular objet, vehicle, vesze or sire from any location 1h. To maintain the present positon of a vehicle, vessel ship o aireraft Nott stl a esse! or ship il further notice or into. specified area ‘E- Not fly an aircraft out of or into a particular Not to congregate at any particular location. 1 Not to hold a particular ‘meeting, rally or procession. rm Not to engage in any specified atv the prior sanction objai ‘thal prior to the issue of the actual need Yesue of such directive it shall be given im the relevant area, and subsequently inthe Gazette. however, such directive shall not be in force ‘2 period more than it may be necessary. and ‘continuously for not more that 24 hours ata time, and. fora tcal ime of more than 72 howrs. Ifthe operational ‘period is to be extended for more than 24 hours at a time, an interval of not less than 24 hours shall be presoribed in such directive. For the purpose of giving effect to such directive, it shall ‘be lawful for police oficers to cordon-offsuch area, and ‘obtain the assistance ofthe armed forces to enforce the directive ‘Itshall also be lawful for a police officer or menber of ‘the armed forces o restrain and search any person who ‘may act contrary tothe directive. Provided however, the 3 search ofa female shall only be carried out by a female police oficer or member of the armed forces and with due regard to privacy. 7. It shalt be lawful forthe Inspector General of Police 10 ‘obtain the assistance of the armed forces (with the ‘concurrence of the Commander of the relevant Armed ore) to heeft te recive ised in rms of is section & Any person, who wilfully acts contrary to a directive fesued in terms of this section, sh offence, and shall following com ‘Magistrates Court be punished wi ing five thousand rupees. If ly 10 ‘or haa the effect of only, ’s life in danger, such offence, as @ non grinytiag ofan offence contained in fb of information or inteligence are underway to commit an offence 9 has committed an offence contained in it shall be lawful for a police officer holding below the rank of a Deputy Inspector General ice, forthe purpose of (a facilitating the conduct investigations inchuding the examination of the scene ‘the crime and the identification, detection and arrest Of the person who had committed such offence or (b) preventing the committing of an offence contained in this Act, issue a directive. impasing a prohibition of ‘movement into, out of, and within a specified area or ‘boundaries tobe specified in such directive, for aperlod toe specified in such directive. 2. Such officer shal inthe directive, provide exceptions to such directive, to meet emergencies and humanitarian requirements of pervons who may be affected by such directive. 34 & Following the issue of such directive, it shall be given wide publicity in the relevant area, and subsequently published in the Gazette. ‘4 Provided however, such directive shall not he tn force Jor a period of time more that tis necessary, and inany ‘event continuously for more than 24 hours at atime. and fora oral tine of more than 72 hours. Ifthe operational ‘Period isto be extended for more than 24 hours at a time, an interval of not less than 24 hours shall be prescribed in such directive. S. Forte purpose of giving effect to tive tt shall ‘be lawful for police oficers to and ‘obtain the assistance ofthe aged the 6 During the ope directive and d to above. it ‘or member of arrigd out in a gender sensiave pect to the dignity and privacy pBlice officer or member ofthe armed forces to pnligand search any premises, or stop any person who to enter or exist the specified area, and 5) jon and search such person or his belongings and sty that may be sough to be taken in or out of such c es eae coe ees 7. Ishall also be lawful for a police ofcer or member of contrary tothe directive. | Itshall be lawful forthe officer who issued the directive to direct any transport or communication services provider to suspend the operation of such services, ‘during the pendency of the operational period of the directive, 9. 11 shal be lawful for the Inspector General of Police to ‘oblain the assisiance of the armed forces (with the ‘concurrence of the Commander of the relevant Armed 35 Force) to give effect to the directive issued in terms of this section and to carryout searches, question persons ‘and maintain adherence tothe directive, 10.Any person, who wilfully acts contrary 1 a directive lsued in terms of this section, shall be guilty of an offence, and shall following conviction in this Magistrates Court be punished with imprisonment for a term which may not exceed I year arta a fine or both, (exvid Any person who acts contrary to a dfid. directive, ‘requirement or notice issued in terms ofthis. be liable pay afne not exceeding Such fence sal be deemed tobe (VD) Investigational material tha ed by investigators on application to a ders to facilitate the ‘adoption of measures sitting of offences and the by sharge ofa police station conducting il a®ugence contained in this Act, a Magistrate shall ton ofan application made in that regard and ay cal for and examine, if he is satisfied that ing made in good-faith and the information or is necessary, forthe purpose of facilitating the conduct tigations into the committing of an offence or to take o prevent the committing of an offence contained inthis Act, onder regarding the following: ‘a. Taking of blood and hair samples and swabs. ‘6. Conduct of Identification Parades. ‘© Forwarding productions 10 the Government Analyst, any other local or foreign expert and 10 a government forensic medical specialist. 4. Conduct of examinations and tests by experts. Freezing of bank and other accounts or the use or freezing of other financial deposits and accounts, subject to any condition that may be imposed. Provided however, the Magistrate may on hi own or ‘on an application made in that regard, vary such order, enabling 36 ‘the se of the funds in such account in good-faith for any legitimate purpose. JE Freezing or variation of provision of services, which ie being Provided by any service provider. Provided however, the ‘Magistrate may ether on his own motion or on application made in that regard, vary such order enabling the use of such services, in good faith for any legitimate purpose. Opening of safe boxes. Cancelttion or the temporary suspension or delay in the ‘commencement of any meeting or other gathering or activity. (ii) Forany ofthe purposes enumerated below, on bya ‘officer not below the rank ofa Superintendent ate shall if upon examination of an app ‘and thatthe tho ae ‘any other material he may call for application is being made in ervice sought is Any person who oF encryption services pertaining to ani ‘or storage services or equipment, Brmation oF osher thing, 10 unlock ce oF equipment and provide to. police officer. ton through any other medium. 35 10 any police officer to any exchange of analogue fal data or information exchange or transfer system. USS To dgtermine the identity ofa person who has commitied an offence inthis Act. ‘+ To determine the location where a person who has commitied an ‘offence contained inthis Acts present ‘+ To facilitate the conduct of an investigation into an offence contained inthis Act To gather evidence against a person who has commited an offence contained inthis Act ‘+ Todetermine whether one or more persons are conspiring, planning, Preparing or attempting to commit an offence contained in this Act. 2 + To take measures to preven the committing of an offence contained in this Act (i) Magistrates to assis inthe conduct of investigations - It shall be the ww duty of a Magistrate to assist any police oficer in the conduct of an Investigation in terms of this Act, by making necessary orders. Upon ‘an application being made by an officer-in-charge ofa police station ‘or by any other police officer not below the rank of an Inspector of Police, a Magisrase may make any appropriate order to faciliate the ‘said oficer o conduct the investigation. Magistrotes to record statements - Upon an ing made by an ofcerincharge ofa police tation ‘ inte the commiting ofan effnce con agin {0 whom such application made record the statement of any person, whois Fea berth Mogisirate. Prior to recording such ‘ trate shall Inquire and ‘answer questions being put him ‘ord such statement only if he is rly making such statement i the (or threat. For the purpose of is under no obligation to answer ether all or some ofthe rng put to him. jisrate shall also warn such person, that in the event of criminal proceedings being instituted against such person, the ‘contents ofthe statement that he may make, may be used as evidence ‘against hin. In addition to putting questions to such person and recording his answers, the Magistrate shall record whaiever such person wishes to say. Where the maker of such statement is subsequently indicted for having ‘committed an offence in terms of this Act, such statement shall be ‘admissible against him, Where the maker of the statement is called by the Attorney General as a wimess 10 wesify against a person who is indicted for having committed an offence in terms of this Act, ether the entirety of the statement or a part thereof, may be marked and produced in evidence 1s part and parcel ofthe examination-in-chiefof such person, Following the recording ofthe statement or when, Magistrate or following the Magistrate having’ Ifthe suspect declines to make a statement (@ the ‘hall be communicated by the Magistra shall be placed in remand curio: ris osname IN ape seem ie rose Rs sires Se eae inves a be detained following completion of the ‘Suspect in respect of whom the investigation has shall not be detained under the authorization of a issued in terms of this Act. and the Human Rights Commission to be notified of of Investigation = If at any time, an investigation in respect of any person arrested in terms of this Act, is to resume, the Magistrate and the Human Rights Commission shall be kept informed, and the completion of such further investigation shal! also be informed. (Gv) Notes of Investigations to he submitted to the Attorney General - Following the completion of the investigation, the officer-in- ‘charge ofthe police station shall through any officer authorised in that regard by the Inspector General of Police, submit to the 9 Atorney General the notes of investigations, including the ‘observations atthe scene ofthe commiting ofthe offence and any ‘other place examined or searched, all statements recorded during the investigations including the staiements ofthe person alleged to ‘have commitied the offence, reports of experts, photographs, sketches, plans etc, and any other material the Attorney General ‘may specify from time to time, along with a report relating to the investigation conducted, and request the Aiorney General to consider the institution of criminal proceedings against the ee (Cr a en cae Ae oy. pelea as ee LOX a Dis aor eee rice oe ee (i) Criminal proceedings to Beiqstigutefyr offences in terms of the Act land associated off jeneral shall be entitled to institute cr ting an indictment against any person, for ha offence contained in this Act and any the course ofthe same transaction. 4 and deferment of Indictment — f- th or grievous bodily injury has not been caused to any person, (@) the security of the State and the people of Sri Lanka have not been ‘seriously compromised or affected, and (©) serious harm to property has not been occasioned, by the committing of on offence comained in this Act, the Attorney General may, with due regard to ~ (State policy fil) best interests of Sri Lanka and the people of Sri Lanka, (ii) the views of the Inspector General of Police, 40 (i) views of the victims of crime, and () representations that may be made by the accused person or on is behalf by his Atorny-at-Law, suspend and defer the instiuton of criminal proceedings sgatnst such person aleged fo have commited an offence contained inthis Act for a pertod not less than 3 years and not exceeding 10 years, provided such person undertakes to fulfil the following conditions fone or more) that may be imposed by the Attorney General in respect of sch person If such person fue the relevant conditions during the perlod spulated for fling of conditions, the Alorney be ented to thereaier insta criminal p person in respect ofthe offence heal If the person faile without valid exe withthe said ‘specified programme of no! 1 commit an offence contained in this Act tn specified community or social service. ‘ho 1 commit any offence coniained inthis Act. from commisting any offence contained inthis Act and any indictable offence or commuting a breach of he peace. (09) Tria in the High Court 4 trial agains a person who has commited an offence comune i ths Ac, shall be conducted by the High Court to whch the Attorney General has preferred the indice () Trial by ajudge without a jury or by a trial-at-bar- A wrial against a ‘person indicted by the Attorney General for having committed an offence contained in this Act, shall be held before a single judge of the High Court siting without a jury. Provided however, should the Attorney General request the Chief Justice that a trial-at-bar a comprising of three judges ofthe High Court be enpaneied to hear ‘such case, the rial shall be held bore three judges ofthe High Court. The Chief Justice may iso on hs own motion or on on application rade on behalf ofthe Accused ihe sof the opinion that meres of Justice demand, direct that the tiala-bar be conducted. (oi) Priovity for trials - The High Court shall give preference to the ‘commencement and completion ofa trial, against any person who has ‘been indicted by the Attorney General for having committed an ‘offence contained in this Act (1) Conduct of trials on day-to-day basis - Foil rencement ofthe trial and its" adjournment. farther trials held ‘om consecutive days, other than during ‘and days fed by the Chief Justice tobe court shall be (itl) Trial procedure ~ Subject il against any person Indicted by the Attorney ving committed an offence in terms ofthis Act, the applicable provisions of the Code of and in terms of any other principle wh necessary for adoption forthe is) Wi Act, if any ofthe charges on the Indiciment does not (a) cgusing death or grievous bodily Infury to any person, ing the security ofthe State and the people of Sr Lanka, (©) causing serious harm fo property, the Attorney General may, with due regard to ~ 6) State policy, (ii) best interests of Sri Lanka and the people of Sri Lanka, (Gili) the views ofthe Inspector General of Police, (0) views ofthe victims of crime, and (&) representations that may be made by the accused person or on ‘is behalf by hts Atorney-ai-Law, 2 wlth the permission of the High Court, withdraw the Indictment ‘against the accused, Provided, the accused undertakes to fulfil the following conditions (one or more) that may be imposed bythe Attorney General in respect ‘of such person, withthe sanction of the High Court. If such person fulfils the relevant conditions during the period stipulated for fulfiling of conditions, the Attorney General shall not be ented to present a fresh Indiciment against the Accused at a future point of te, relating tothe commiting of efences contained ‘in the original Indictment the accused fails without valid excuse to, Mingh said conditions, the Attorney General shal 1 fresh indictment againet the accused hasten the original Indiciment and proceed to prosec Conettions that may be yorney General with the sanction ofthe High 4. Public express oxy (before the High Cow), interns of Dyidrafornes General b. Prov \pictims of crime, as specified by the 2 ‘specified programme of ing not to commit an offence contained in this Act. tn specified community or social service "i019 commit any offence contained inthis Act. {from commiting any offence conned inthis Act and any sr indictable offence or committing a breach of the peace. (1X). Evidence — Admissibility o ‘Statement made to a Magistrate A statement made by any person 0 ‘4 Magistrate in terms ofthe provisions of this Act, shall be admissible ‘against such person, if the making of such statement is held by the High Court to been made in compliance with section 24 of the Evidence Ordinance. 48 wlth the permission of the High Court, withdraw the Indictment ‘against the accused, Provided, the accused undertakes to fulfil the following conditions (one or more) that may be imposed bythe Attorney General in respect ‘of such person, withthe sanction of the High Court. If such person fulfils the relevant conditions during the period stipulated for fulfiling of conditions, the Attorney General shall not be ented to present a fresh Indiciment against the Accused at a future point of te, relating tothe commiting of efences contained ‘in the original Indictment the accused fails without valid excuse to, Mingh said conditions, the Attorney General shal 1 fresh indictment againet the accused hasten the original Indiciment and proceed to prosec Conettions that may be yorney General with the sanction ofthe High 4. Public express oxy (before the High Cow), interns of Dyidrafornes General b. Prov \pictims of crime, as specified by the 2 ‘specified programme of ing not to commit an offence contained in this Act. tn specified community or social service "i019 commit any offence contained inthis Act. {from commiting any offence conned inthis Act and any sr indictable offence or committing a breach of the peace. (1X). Evidence — Admissibility o ‘Statement made to a Magistrate A statement made by any person 0 ‘4 Magistrate in terms ofthe provisions of this Act, shall be admissible ‘against such person, if the making of such statement is held by the High Court to been made in compliance with section 24 of the Evidence Ordinance. 48 Gi) Confessional Statement matte to a Pollee Officer - Notwithstanding ‘anything tothe contraryin the Evidence Ordinance, a statement made by any persons to a police officer holding a rank not below a ‘Superintendent of Police elther by himself or in response to questions put, shall be admissible against such person (accused), at a tial ‘against such person for having committed an offence contained in this Act and anyother offence thar may have been committed inthe course of the same transaction, (iti) Pre-condition tobe satisfied for admissibility of a Confession ~ For « confession made toa Superintendent of Police to Beconsidered for admissibility against person accused of ‘an offence contained inthis Act, the Superintendent off such confessional statement should have 0 and 100m after the recording ofthe statemelts who made the statement 10 be examined b rensic medical specialist, and the ensuing) by the prosecution during the viore-daire lu admissibility of the ‘confessional statement. @ bof the prosecution to establish Ball shack statement was made voluntarily ” (%)THRtfonal Provision (2) Certain provisions ofthe PTA remain in operation - Provisions ofthe Prevention of Terovism Ac shall remain in operation in 30 far «as offences contained in that Act have Boon commited prior tothe ‘coming into operation ofthe Act. Thus, it shall be possible indict ‘person, even after tis Act having come into operation for having commited an ofence conzined inthe Prevention of Terrorism Act. However, te procedure o be followed with regard othe arrest, «sods, detention of ary person suspected of having commited such “ aD offence, and the investigation and prosecution of such offence, shall be in terms ofthe provisions of hi Act () Trials for offences in terms of the PTA ~ Trials relaing 10 ‘ndlictmens filed by the Attorney General prior tothe enaciment ofthe (Counter Terrorism Act, shall proceed n tems of the Prevention of Terrorism Act and other applicable laws, notwithstanding the repealing of the Prevention of Terrorism Act. @ @) Micstnsous Provisions (@ Proseription of Terrorist Organizations SS The Minster may. in compli ‘promulgated in that regar acting on (@) a recommendation jg hr eral of Police, or (b) a request . of Sri Lanka by a foreign State, Pinay the Gazer, proseribe ‘any 10 be specified in the said order, glve Miniser has as its" object terrorism within or ouside Si, the perpetration of terrorism ol Fany offence contained inthis Actin a ‘or organization aggrieved by such decision of er, shall be enitled to appeal to the Minister, shall be the duty ofthe Minister to provide a ing tothe appellant and consider his submissions Any organization proscribed by the Miniter in terms of this Act, shall be entitled to appeal against the decision ‘made by the Minister tothe Court of Appeal Once a year, the Minister shall inthe light of contemporary reliable information and security needs, review his decision to proscribe an organization. The decision of the Minister following the review, shall algo be able for appeal (b) Prohibition and Restriction Orders (Where the Minister ona recommendation made by the Inspector General of Police, is ofthe view tha, any person (a) ha taken or {staking steps to commit an offence in terms ofthis Act and tis necessary to prevent the commiting of such offence, or (b) has ‘commited or has been concerned inthe committing an offence ‘contained inthis Act and his conduct can be investigated into without his being arrested, he may mate order in writing ‘imposing on such person such prohibitions or reWajctions as may ‘be prescribed in that onder, fora period Jone month (1) The prokibitions and restrictions impose, shall be limited to one or more 3 specified activities that may facilitate the offence contained in this Act G she issue ofa restriction or prohibition order, the cause the said order 10 be sored on the person in of whom such order was made, and require the Inspector ral of Police o ake necessary steps to enforce the order ensure compliance with it (9) Within one week ofthe resivicion or prohibition order being. enforced, the Inspector General of Police shall cause the Statement ofthe person in respect of whom such order was made to be recorded, and submit it to the Minister, enabling the ‘Minister to determine whether the said order should be revoked or varied. 0 oy (ui inp (is) “ vet i seer svete soar Lone eae Poca arava aa ‘fa basal pa. ) ithe Prevention of Terrorism Act ) ct p the transitional provisions contained inthis Act, the of Terrorism Act is hereby repeated. Definitions ‘Specified person ~ A specified person shall mean the President, Prime Minster, Chef Justice, Speaker ofthe Parliament, Ministers ‘of the Cabinet. Governors of Provinces, Judges ofthe Supreme ‘Court and the Court of Appeal. Chief Ministers of Provinces, Members of Parliament. Members of Provincial Councils, Members 5s ‘of Local Government institutions the Attorney General, the Chi of Defence Siaff. Commanders ofthe Armed Forces, Inspector General (of Police, Judges of the High Courts and other Judiclal Officers, Public Servants, Offices ofthe Sri Lanka Foreign Service and any person serving as a diplomatic oficer on contract, Police Officers, Members of the Armed Forces, Employees of Statutory Boards, Attorneys-at-Law, Members ofthe Civil Defence Force, Members of the Depariment of Coast Guard, Jurors, officials of court, victims ‘and witnesses of offences committed in terms ofthis Act and persons who have been commissioned on behalf ofthe Government of Sri Lanka to provide information relating to the commis of and Preparation and atiempts 1 commit offences ir i Act ‘organization shall mean an organi roseribed by ‘the Minister tn terms of this Act, lude Buy organization proscribed in terms of a ofthe United Nations det, Confidential information shall mean the following 1 dny ination of which is likely to have -socurity and the defences of Sri not n he public domain, the dissemination ly to have an adverse effect on publie security. y ion not inthe public domain, relating tothe nel or functioning ofthe Police, Armed Forces, DePariment of te Coast Guard.

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