Right To Life Human Rights Center

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Development protecting rights | අයිතිවාසිකම් සපිරි සංවර්ධනයක් | வளர்ச்சி, உரிமைகளைப் பாதுகாத்தல்

A Case Study on the Misuse of the Prevention of Terrorism Act: The Arrest and Acquittal of Mohamed Suhail

The case of Mohamed Suhail, a 21 year old aviation student, highlights the arbitrary and unjust application of Sri Lanka’s Prevention of Terrorism Act (PTA). Arrested in October 2024, Suhail was detained for nine months, with his case showcasing the deeply flawed nature of the PTA and its disproportionate use against individuals, particularly minorities, who express dissent.

The chain of events began with his initial arrest in Dehiwala, where police detained him for not carrying his national identity card while seeking rental accommodation. He was released the next day after his father produced the required document in court. However, police officers subsequently went to his home in Mawanella and rearrested him, claiming he had posted an anti Israel sticker and an Instagram image of the Israeli flag being trampled. This social media post was the basis for his detention under the PTA.

For the next nine months, Suhail was held without sufficient evidence presented against him. Lawyers for Social Justice, an organisation advocating on his behalf, noted that police investigations had not yielded any proof of a crime. The case became a poignant example of the PTA’s flaws, including its allowance for prolonged detention without a formal charge and the limited recourse for bail. During court hearings, the Mount Lavinia Magistrate even questioned the police on why Suhail was being held for so long without evidence, noting that the court itself lacked the authority to grant bail under the PTA without a directive from the Attorney General.

Ultimately, Suhail was acquitted. On September 16, 2025, the Mount Lavinia Magistrate’s Court ordered his full acquittal after his legal counsel argued that the police had submitted a report stating no criminal evidence was found. The case was formally closed at the lower court level, and in a further step to seek redress for the misuse of anti-terrorism laws, his lawyers have filed a Fundamental Rights petition with the Supreme Court. The ordeal of Mohamed Suhail serves as a stark reminder of how the PTA can be weaponized to suppress free speech and unjustly detain citizens.

Right to Life Human Rights Centre has been advocating for the repeal of the PTA since the organisation’s inception two decades ago.

The Prevention of Terrorism Act (PTA), initially introduced as a temporary measure by the legislature in July 1979, has been in force as a permanent law for 46 years. At the time of its enactment, the country was not engaged in a civil war; however, a civil conflict erupted just four years later. Despite the war’s conclusion in May 2009 after 26 years of fighting, the PTA remained in effect during the post-war period. In other words, the law has been operational for 16 years after the war’s end, even in the absence of a clear definition of terrorist activities or an ongoing civil conflict.

Read our study on the Prevention of Terrorism Act – Prevention of Terrorism Act: History,Context, and Current Usage

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