Court of Appeal Grants Bail to Man Held for 15 Years Without Trial Under Sri Lanka's Anti-Terror Law

In a landmark ruling that has reignited debate over Sri Lanka's contentious Prevention of Terrorism Act (PTA), the Court of Appeal has granted bail to a man who spent approximately 15 years on remand awaiting trial — a period many legal observers are now characterising as punishment in itself.

High Court Decision Overturned

The Court of Appeal stepped in to overturn an earlier order by the Colombo High Court, which had refused to grant bail to the accused. The appellate court's intervention signals a growing judicial concern over the prolonged deprivation of liberty experienced by individuals detained under the PTA without having been convicted of any offence.

A Law Long Criticised for Abuse

The Prevention of Terrorism Act has faced sustained criticism from human rights groups, legal experts, and civil society organisations both within Sri Lanka and internationally. Critics argue that the law's broad provisions have enabled authorities to hold suspects for extended periods without adequate judicial oversight, effectively denying them the presumption of innocence.

In delivering its ruling, the Court of Appeal emphasised that protracted pre-trial detention of the nature endured by the accused cannot be treated as a routine feature of the justice system. The court's position draws a sharp distinction between lawful detention pending trial and what effectively amounts to punishment imposed before any verdict is reached.

Fifteen Years Behind Bars, No Conviction

The case throws into stark relief the human cost of prolonged remand imprisonment. Spending roughly 15 years in custody without a concluded trial raises serious questions about the functioning of the legal process and the rights of individuals caught within it — particularly those charged under special legislation such as the PTA, where procedural safeguards have historically been weakened.

• The accused was held on remand for approximately 15 years under the PTA
• The Colombo High Court had previously refused bail
• The Court of Appeal overturned that decision and granted bail
• The ruling underscores concerns about prolonged pre-trial detention as a form of de facto punishment

Calls for Reform

This ruling is expected to amplify existing calls for meaningful reform of the PTA, a law originally enacted as a temporary measure decades ago but which remains in force to this day. Legal reformers have long argued that the act must be overhauled or repealed to bring Sri Lanka's anti-terror framework in line with international human rights standards.

Protracted pre-trial detention, the Court of Appeal stressed, blurs the fundamental legal line between detention and punishment — a line that must be preserved if justice is to retain its meaning.

The decision is being watched closely by lawyers, activists, and families of others who remain held under the PTA, many of whom hope it may set a precedent for similar cases yet to be resolved.