Sri Lanka

The Definition of Terrorism in Domestic Law

The 1979 Prevention of Terrorism Act defines a terrorist offence as follows:

Any person who 

(a) causes the death of any specified person, or kidnaps or abducts a specified person, or commits any other attack upon any such person, which act would, under the provisions of the Penal Code, be punishable with death or a term of imprisonment of not less than seven years; or

(b) causes the death of any person who is a witness to any offence under this Act, or kidnaps or abducts or commits any other attack upon any such person, which act would, under the provisions of the Penal Code, be punishable with death or a term of imprisonment of not less than seven years; or

(c) commits criminal intimidation of any specified person or a witness referred to in paragraph (b); or commits the offence of robbery of the property of the Government, any department, statutory board, public corporation, bank, co-operative union or co-operative society; or

(d) commits the offence of mischief to the property of the Government, any department, statutory board, public corporation, bank, co-operative union or co-operative society or to any other public property; or

(e) without lawful authority imports, manufactures or collects any firearms, offensive weapons, ammunition or explosives or any article or thing used, or intended to be used, in the manufacture of explosives; or

(f) possesses without lawful authority, within any security area, any firearms or any offensive weapon, ammunition or explosives or any article or thing used, or intended to be used, in the manufacture of explosives; or

(h) by words either spoken or intended to be read or by signs or by visible representations or otherwise causes or intends to cause commission of acts of violence or religious, racial or communal disharmony or feelings of ill-will or hostility between different communities or racial or religious groups; or

(i) without lawful authority erases, mutilates, defaces or otherwise interferes with any words, inscriptions, or lettering appearing on any board or other fixture on, upon or adjacent to, any highway, street, road or any other public place; or

(j) harbours, conceals or in any other manner prevents, hinders or interferes with the apprehension of, a proclaimed person or any other person, knowing or having reason to believe that such person has committed an offence under this Act.S. 2(1), 1979 Prevention of Terrorism Act.

A more typical definition is found in the 2018 Counter Terrorism Act:

Any person, who commits any act referred to in subsection (2), with the intention of –

(a) intimidating a population;

(b) wrongfully or unlawfully compelling the government of Sri Lanka, or any other government, or an international organization, to do or to abstain from doing any act;

(c) preventing any such government from functioning; or

(d) causing harm to the territorial integrity or sovereignty of Sri Lanka or any other sovereign country,

shall be guilty of the offence of terrorism.S. 3(1), 2018 Counter Terrorism Act.

Adherence to Global and Regional Terrorism Treaties

Sri Lanka is a State Party to the main United Nations treaties on terrorism.

Sri Lanka is also a State Party to the regional treaty on terrorism concluded within the South Asian Association for Regional Cooperation (SAARC).

Laws and Penalties for Terrorist Offences

The 1979 PTA has been used to target peaceful protesters against the regime, as recently as 2022.

In theory, the death penalty may be applied to terrorist offences under the Act, but in practice the maximum sentence is life imprisonment.

Counterterrorism Capacities and Policies at Domestic Level

Sri Lanka has considerable counterterrorism capacity in its police and armed forces.

Under the PTA, individuals may be detained for up to a year without trial. Amendments to the Act in 2022 did not limit the powers granted under the Act.