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The Prevention of Terrorism Act of 1978 is a law in Sri Lanka. It provides the police with broad powers to search, arrest, and detain suspects. It was first enacted as a temporary law in 1979 under J. R. Jayewardene presidency, then made permanent in 1982. [1]
Under the PTA of Sri Lanka, a person can be detained for periods up to 18 months (renewable by order every three months amended as 12 months in 2022) if the Minister has reason to believe or suspect that any person is connected with or concerned in any unlawful activity. Unlawful activity includes even pasting posters on walls, and is punishable with death. [2]
Offences not known to ordinary laws of the country were also introduced. For example, if a person knows the whereabouts of terrorist (“terrorist” not defined in the Act) and if such person fails to inform the police, he commits an offence punishable with a minimum 5-year jail term. If the terrorist stays with any person for a night such person is guilty of harbouring, punishable with a maximum of twenty years' jail. [3]
Poet Ahnaf Jazeem was arrested in May 2020 [4] [5] under the PTA. His arrest received attention from international human rights organizations [6] and was ruled to be in violation of international law by the Working Group on Arbitrary Detention. [7]
An arrest is the act of apprehending and taking a person into custody, usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
The Prevention of Terrorism Act, 2002 (POTA) was an Act passed by the Parliament of India in 2002, with the objective of strengthening anti-terrorism operations. The Act was enacted due to several terrorist attacks that were being carried out in India and especially in response to the attack on the Parliament. The Act replaced the Prevention of Terrorism Ordinance (POTO) of 2001 and the Terrorist and Disruptive Activities (Prevention) Act (TADA) (1985–1995), and was supported by the governing National Democratic Alliance. The Act was repealed in 2004 by the United Progressive Alliance coalition.
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus.
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent further criminal acts.
Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area, either for interrogation or as punishment for a crime. An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis.
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime.
The Criminal Law Act 1955 is a Singapore statute that, among other things, allows the executive branch of the Government of Singapore to order that suspected criminals be detained without trial. It was introduced in 1955 during the colonial era and intended to be a temporary measure, but has since been renewed continuously; the Government has declined to make it permanent, claiming it "believe[s] that the Act should be explicitly extended by Parliament every five years". The validity of the Act was most recently extended in February 2018, and it will remain in force till October 2024.
Pre-trial detention, also known as preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.
An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws.
Unlawful Activities (Prevention) Act is an Indian law aimed at prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India. The most recent amendment of the law, the Unlawful Activities (Prevention) Amendment Act, 2019 has made it possible for the Union Government to designate individuals as terrorists without following any formal judicial process. UAPA is also known as the "Anti-terror law".
Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial. The Human Rights Watch considers this practice as violating national and international laws, particularly human rights laws, although it remains in legislation in various liberal democracies.
From 1984 to 1995, the state of Punjab in northern India was engaged in a power struggle between the militant secessionist Khalistan movement and Indian security forces. The Indian government responded to the escalating Punjab insurgency by launching Operation Blue Star in 1984, storming the Harmandir Sahib, or Golden Temple complex in Amritsar—the center of Sikh religious and spiritual life, where some militant groups had retreated. The Operation was controversial and resulted in death of hundreds of civilians, militants and soldiers. After Sikh bodyguards assassinated Prime Minister Indira Gandhi, further violence ensued.
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.
Residential Surveillance at a Designated Location is a form of detention regularly used by authorities in the People's Republic of China against individuals accused of endangering state security. RSDL is usually carried out at special facilities run by the Public or State Security Bureaus of China, often euphemistically called "training centers," or even hotels that have been converted into black jails. Laws regulating RSDL contain exceptions that allow the state to not inform the family members of the detained about their loved one's incarceration, while also denying detainees access to a lawyer. On the surface, the measure appears to be a softer form of detention like house arrest; but in practice the measure allows for what one journalist calls "the disappearing" of suspects into secret detention."
In Australian criminal law, reasonable and probable grounds most prominently regulates police officers as a precondition of the exercise of certain powers in their function as enforcers of the law. Based on Australian common law, it is a prerequisite of most police powers. In Canada, it is defined as the point where probability replaces suspicion based on a reasonable belief; reasonableness is a legitimate expectation in the existence of specific facts, and the belief in individual circumstances can be "reasonable without being probable." Less-clearly defined in Australia, it depends on the circumstances of a case and often involves an assessment of the circumstances of a potential crime.
Ahnaf Jazeem is a Tamil Muslim poet from Silavathurai, Mannar, Northern Province, Sri Lanka.
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