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Thursday, July 31, 2025
Thursday, July 31, 2025

HomeNewsPasting Anti-Israel Stickers: HRCSL Rules PTA Arrest Unlawful, Recommends Compensation to Victim

Pasting Anti-Israel Stickers: HRCSL Rules PTA Arrest Unlawful, Recommends Compensation to Victim

Pasting Anti-Israel Stickers: HRCSL Rules PTA Arrest Unlawful, Recommends Compensation to Victim

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The Human Rights Commission of Sri Lanka (HRCSL) has concluded that the arrest and detention of Mohamad Liyaudeen Mohamed Rusdi under the Prevention of Terrorism Act (PTA) in March over pasting anti-Israel sticker on a wall was unlawful and a violation of his fundamental rights.

The Commission opened a suo motu investigation following the arrest of Rusdi on 22 March 2025 by the Counter Terrorism and Investigation Division (CTID). Subsequently, Rusdi’s mother, Mohamed Hanifa Badhurnisa, lodged a separate complaint alleging that the arrest was erroneous and raised concerns that false charges might be pressed against her son.

In its report, the Commission held that the violations were not due to the misconduct of individual officers but arose from institutional and policy shortcomings within the CTID and a flawed interpretation of the PTA. The Commission made several recommendations to address these weaknesses and protect suspects’ fundamental rights in future cases.

To the Director of the CTID, the Commission recommended:

  • Immediate action to discontinue the restriction order against Rusdi.
  • Establishing a procedure to obtain legal counsel from the Police Legal Division and the Attorney General’s Department before arresting suspects under Section 2(1)(h) of the PTA.
  • Implementing a standard practice to produce suspects before a Magistrate within 72 hours of arrest, in compliance with Article 13(2) of the Constitution.
  • Providing all CTID officers with copies of the Commission’s findings and instructions.
  • Issuing clear instructions for arrest receipts to suspects’ families.
  • Prohibition of meetings with suspects’ families outside police stations.
  • Circulating IGP’s directives (RTM CRTM-231) and Police Departmental Order (D5) to prohibit the disclosure of prejudicial information about suspects or investigations to the media.
  • Providing clear instructions against racial profiling and ensuring investigations are based on objective factors.
  • If suspects’ state of mind or mental health is in question, obtaining a trained expert’s opinion and placing suspects under appropriate care if needed.

Additionally, the Commission called on the Inspector General of Police (IGP) to:

  • Develop clear guidelines, in consultation with the Attorney General, for arrest under terrorism-related offences — in conformity with its guidelines issued to the IGP in 2019 — and provide training to the CTID.
  • Provide guidance to enable the 1st Respondent to implement these recommendations in full.

Furthermore, the Commission recommended that the Ministry of Public Security pay Rusdi Rs 200,000 in compensation in view of the prejudice he suffered due to the violation of his fundamental rights.

The 1st Respondent, the IGP, and the Ministry of Public Security have been directed to implement these recommendations by 15 July 2025 and submit a progress report to the Commission. A copy of the Commission’s findings and recommendations will be forwarded to the Minister of Defence, Minister of Public Security, Attorney General, and IGP for appropriate follow-up action.

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