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In addition, the regulations established an Appeals Tribunal to hear appeals but its
composition did not guarantee that the body would review cases in an impartial or
transparent way. The tribunal is composed of the secretaries to the ministries of
defense, finance, nation building and justice.
Lastly, the regulations contain in Regulation 19 an immunity clause for any
government officials who may commit wrongful acts when they implement the
regulations. Legal proceedings are prohibited if an official acted "in good faith and in
the discharge of his official duties.” Such immunity can further protect from
prosecution government officials who violate the law: Sri Lankan human rights
organizations have complained that the authorities could use the wide immunity
clause in Regulation 19 158 to exempt members of the police, armed forces and other
persons deemed to be acting in “good faith.” The regulations also provide for
exemptions to engage in approved transactions in certain circumstances such as
“the furtherance of peace and the termination of terrorism” with the written
permission of a competent authority appointed by the president. 159
On June 18, 2007, Human Rights Watch asked the government how many people the
security forces had arrested under the Emergency Regulation (Prevention and
Prohibition of Terrorism and Specified Terrorist Activities) No. 7 since its enactment
in December 2006, where they were being held, how many had been charged with
offenses, how many had been brought to trial, and how many of these people had
been released. The government replied that these figures were being tabulated by
the police. 160
158 According to Regulation 19, no action or suit shall lie against any Public Servant or any other person specifically
authorized by the Government of Sri Lanka to take action in terms of these Regulations, provided that such person has acted
in good faith and in the discharge of his official duties.
159 Statement on the introduction of the Emergency (Prevention and Prohibition of Terrorism) Regulations 2006, Centre for
Policy Alternatives, December 2006, http://www.cpalanka.org/psg/STATEMENT_on_Emergency_Regulations2006.pdf
(accessed July 24, 2007).
160 Sri Lankan government response to Human Rights Watch, July 12, 2007.
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