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HRCSL finds the detention of a Muslim youth under PTA unlawful and a violation of his rights

2025-06-16

In a landmark decision and set of recommendations issued on 12 June 2025, the Human Rights Commission of Sri Lanka HRCSL found that the arrest and detention of Mohamad Liyaudeen Mohamed Rusdi under the Prevention of Terrorism Act PTA was unlawful, arbitrary, and a violation of his constitutional rights. The Commission recommended that the Ministry of Public Security pay Rs. 200,000 in compensation to the victim and outlined a series of institutional reforms to prevent similar abuses.

Rusdi, a young Muslim employee at Colombo City Centre, was arrested on 22 March 2025 by officers of the Counter Terrorism and Investigation Division CTID after he was accused of pasting stickers expressing his political opinion. According to the HRCSL report, Mohamad Liyaudeen Mohamed Rusdi pasted the stickers at the Colombo City Centre shopping mall specifically in visible public locations within the premises on 20 March 2025. He was later detained at the CTID.

Following public concern and a complaint filed by his mother, the HRCSL launched a suo motu investigation. On 27 March 2025, HRCSL officials visited the CTID to assess Rusdis condition and recorded his statement.

Authorities claimed Rusdi acted secretly, deleted social media content, and had thirdparty contacts with persons accused under the PTA. However, the Commission found these allegations too vague and speculative to meet the legal standard of reasonable suspicion.

The HRCSL determined that Rusdis stickers were a form of political speech, protected under Article 141a of the Constitution. The slogans, critical of a foreign state, did not amount to incitement or hate speech and therefore did not constitute an offence under the PTA or the ICCPR Act.

The Commission also found that Rusdis views were rooted in personal and religious convictions, and therefore protected under Article 10 the freedom of thought, conscience, and religion, which is an absolute constitutional right.

Rusdi was held for 14 days under a PTA detention order, without being brought before a Magistrate. The HRCSL found that no offense had been established and ruled the detention to be arbitrary and illegal.

He was released on 7 April 2025 but was subjected to a restriction order requiring him to report weekly to CTID, notify any address changes, and obtain permission for overseas travel. The HRCSL determined these conditions to be outside their authority, as they were imposed without reasonable suspicion of an offense and primarily served as a means of surveillance.

The Commission also condemned a Sri Lanka Police media statement dated 30 March 2025 that described Rusdi as mentally unstable and potentially prone to extremism. It found this to be a violation of the presumption of innocence Article 135 and contrary to police protocols.

In its final recommendations, the HRCSL urged the Ministry of Public Security to compensate Rusdi with Rs. 200,000 for the harm caused to his right to engage in lawful employment, which was disrupted by the unlawful arrest and damaging media exposure. The Commission also issued a series of institutional recommendations to the Ministry of Public Security, the Inspector General of Police IGP, and the Director of the Counter Terrorism and Investigation Division CTID. These included the immediate withdrawal of the restriction order imposed on Rusdi, the establishment of proper legal review procedures before any arrest or detention under the PTA, and the consistent issuance of arrest receipts to ensure transparency and accountability. Additionally, the Commission called for an end to racial profiling and the release of prejudicial information to the media, as well as targeted training for officers on constitutional rights and the legal threshold for determining reasonable suspicion.

These recommendations and findings were officially signed by Justice L.T.B. Dehideniya, the Chairperson of HRCSL, along with all four Commissioners. They were communicated to the relevant state institutions.

The HRCSLs findings reinforce longstanding concerns about the misuse of the PTA to suppress dissent and surveil minority and other ethnic communities in the country. This case reveals the excessive use of antiterror laws against peaceful expression and personal beliefs, the Commission noted. The HRCSL emphasized that national security cannot override fundamental rights and called for urgent reform of the PTA to prevent future misuse.