Institutional accountability when State institutions defend justice

Monday, 23 June 2025 02:36 - - {{hitsCtrl.values.hits}}

By The National Peace Council

The Human Rights Commission of Sri Lanka (HRCSL), in a recent ruling, has exemplified the role that independent and effective State institutions must play in a functioning democracy. The National Peace Council (NPC) commends the HRCSL for its principled intervention in the case of Mohamad Liyaudeen Mohamed Rusdi, detained under the Prevention of Terrorism Act (PTA) for displaying stickers expressing his views on Israel and Palestine.

This case highlights the dangers posed by the continued existence and misuse of the PTA. Despite the absence of any evidence linking Rusdi to terrorism, and despite Police acknowledgment that the slogans did not constitute a criminal offence, he was arrested, detained without being brought before a magistrate, publicly labelled as mentally unstable in official Police communications, and subjected to a restriction order that continues to curtail his freedom.

Particularly troubling is that Rusdi’s arrest appears to have been based on racial and religious profiling. The HRCSL found that the Police’s determination of “radicalisation” was premised on generalised, discriminatory assumptions that would likely not have been applied had he not been Muslim. This constitutes a serious violation of the democratic principle of equality before the law and the constitutional guarantee of equal protection to all citizens, regardless of race or religion.

The case once again highlights the urgent need to repeal the PTA. For decades, this law has been justified as a necessary instrument to combat terrorism, but in fact has been used as a mechanism to suppress dissent, intimidate minority communities, and justify arbitrary detention. PTA has been used frequently in Sri Lanka to detain individuals without credible evidence, only to have their cases collapse later. The NPC reiterates its position that the PTA must be abolished, and not replaced with legislation that reproduces its repressive features under a different name.

We support the HRCSL’s recommendations and urge the Government and relevant authorities to implement them without delay. In particular, we call for the payment of compensation to Rusdi for the violation of his fundamental rights as called for by the HRCSL, the harm to his reputation and livelihood, and for the establishment of clear safeguards to prevent racial and religious profiling by law enforcement agencies.

The HRCSL’s meticulous investigation and detailed legal reasoning stand as a model of institutional integrity. In the past, public confidence in State accountability has been very low. The situation is now changing for the better and this ruling demonstrates that meaningful oversight and justice are indeed possible when independent public bodies act with courage and clarity. The case of Rusdi is a reminder of the dangers of unchecked authority and prejudice, and also of the critical role that principled State institutions can play in defending the rights of all citizens.

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