By Hana Ibrahim

In a chilling reflection of the continued misuse of draconian legislation in post-war Sri Lanka, 21-year-old aviation student Mohamed Rifai Mohamed Suhail has spent nearly nine months in detention under the Prevention of Terrorism Act (PTA) – even though authorities now admit he committed no offence.

The timeline of his arrest and continued incarceration paints a stark picture of the gaps in Sri Lanka’s legal and judicial systems. Suhail, a resident of Mawanella, was arrested on October 23, 2024, while looking for rental accommodation in Colombo. He had recently enrolled in an airline cabin crew course and was preparing to begin a new chapter of his life. Stopped by officers from the Dehiwala Police for not carrying his national identity card, he was taken into custody. Two days later, on October 25, his father produced the ID in court, and the magistrate ordered his release.

But that wasn’t the end of it.

Later the same evening, officers from the same police station returned to the family’s home in Mawanella and re-arrested Suhail, this time under the PTA, citing a social media post he had shared in support of Palestinians. His Instagram post, expressing solidarity with the people of Gaza amid intensifying Israeli airstrikes, was apparently enough for police to invoke the powerful provisions of the PTA. No formal charges were filed. Yet, Suhail was placed in detention, his education and future derailed by a law that should have no place in a democratic society.

On Wednesday (9), the case finally returned to court – and the revelations were, to say the least, deeply troubling, raising serious questions about police competence, possible ulterior motives, discriminatory bias, and the misuse of counterterrorism laws to stifle political expression.

The prosecution admitted that no evidence had been found against Suhail after months of investigation and said they had no objection to bail. The magistrate reportedly questioned the police on why Suhail had been held for so long when no offence had occurred. She also criticized law enforcement authorities for failing to consult the Attorney General’s Department earlier, and pointed out that the court had no power to grant bail under the PTA without the AG’s instruction.

The young man’s ordeal, however, remains far from over.

The PTA, originally enacted in 1979 as a temporary measure to combat Tamil separatist violence, has long outlived its justification. Over the years, it has become a tool of repression, disproportionately used against Tamil and Muslim communities. It allows for detention without charge for up to 18 months, permits confessions made to police officers as admissible evidence, and limits the judiciary’s ability to intervene. These provisions go against the basic principles of justice, fairness, and rule of law.

Successive Sri Lankan governments – both during the civil war and in the years since its end – have repeatedly promised to repeal or reform the PTA. They have done so in response to mounting pressure from the international community, including the United Nations Human Rights Council, the European Union, and a wide range of domestic civil society organizations. Yet the law persists, and its use has quietly extended beyond the context of political violence into the realm of everyday dissent.

Suhail’s case is the latest textbook example of how the PTA can and is abused to silence voices, punish expression, and create fear – especially within minority communities. His arrest over a social media post, with no indication of incitement or violence, reveals a state apparatus intolerant of even symbolic gestures of solidarity or political opinion. It also reflects a deeper rot in the criminal justice process, where due process is circumvented, and the burden of proof is reversed.

The fact that Suhail was on the verge of graduating from a professional training course makes the injustice even more stark. For nine months, he has been unable to complete his studies, apply for jobs, or move forward with his life. For nine months, his family has lived in anxiety and grief, with no clear answers, no access to justice, and no recourse to appeal. All of this—because of a post on Instagram.

This is not just a personal tragedy. It is a national failure.

The PTA’s continued use in 2025 shows just how hollow the state’s promises of democratic reform remain. The current administration came to power with pledges to uphold the rule of law, improve human rights protections, and build trust among communities. But when a law like the PTA is used against a student with no prior record – over a peaceful social media post – those promises ring painfully hollow.

Suhail’s case demands urgent attention and decisive action.

First, he must be released immediately and unconditionally. The state must acknowledge that his detention was unlawful and issue a public explanation. Second, there must be a mechanism for compensation and redress for the months of education, freedom, and dignity he has lost. Third – and most importantly -Sri Lanka must repeal the PTA and replace it with a rights-respecting legal framework that aligns with international human rights standards.

This is not just about one young man. It is about whether Sri Lanka is willing to break with a past marred by impunity, abuse, and authoritarianism. It is about whether the country can protect its citizens – especially the most vulnerable – from arbitrary power. It is about whether justice will be more than a slogan.

Civil society, the legal community, the media, and the broader public must not let this case fade into silence. Every day Suhail remains behind bars is a stain on the conscience of the nation. Every day the PTA remains on the books is a threat to our collective freedom.

We cannot allow laws rooted in fear to govern a future that demands freedom, inclusion, and justice.

Suhail deserves better. Sri Lanka deserves better. The PTA must go.

-ENCL