Thread by @GehanDG

The #PTA is an affront to #lka's judiciary.

The judiciary has a crucial and time-tested role in being the guardian of individual liberty.

Sri Lanka's ordinary criminal law, and the constitutional safeguards that underpin it, recognise that judicial role.

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First, when a person is arrested, they have to be brought before the nearest judge as soon as possible. A judge must ensure the suspect is being treated humanely.

Our constitution and our criminal procedure law embody this principle.

It is a safeguard against #torture.

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But the #PTA undermines that principle by permitting EXECUTIVE officials to prevent a suspect from being produced before a judge.

They can do so by getting a detention order issued against the suspect.

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Why should the state prevent a judge from inspecting a suspect? What possible legitimate aim can that serve?

The systematic denial of an opportunity to a judge to monitor the well-being of a suspect reflects a LACK OF TRUST in our judiciary.

That is totally unacceptable.

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Second, it is a judge who determines whether or not a suspect should be enlarged on bail.

The Bail Act sets out the grounds on which bail can be refused.

These are fairly broad, and the police can make the case for bail to be refused by furnishing relevant evidence.

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So a judge is well-placed to refuse bail to a person where a sound case for refusing bail has been made by the police.

However, the Bail Act does not apply to persons who are suspected of having committed an offence under the #PTA.

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By deploying the #PTA, the police can circumvent the ordinary jurisdiction of a judge to decide whether or not a suspect should be enlarged on bail or remanded.

The PTA usurps the power of the judiciary, and places it in the hands of EXECUTIVE officials.

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The #PTA signals to society that the state does not want judges to make calls on the liberty of persons.

Can the state not trust judges to exercise sound judgement?

Is that not what judges are trained to do (much better than a police officer or MoD official)?

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When the police scramble to place protestors within the framework of 'terrorism' (and therefore the #PTA), they are doing so for the sole (and altogether bad faith) purpose of securing detention orders...

They are effectively saying they don't trust the judiciary.

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The #PTA is a total affront to the judiciary, and any law that continues to openly promote distrust in our judges should have no place in our legal system.

Whatever new law that is set to replace the #PTA has to address this fundamental problem.

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A judge must be trusted to assess the well being of a suspect at the earliest given opportunity.

ONLY a judge should have the power to determine whether or not a person is held in custody.

The system of executive detention orders must be abolished. #RepealPTA

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