Thousand of Tamils have been arrested over the years under the Act and many have suffered torture. Observers say that politicians, in connivance with the security forces, have used the law to eliminate rivals. The Colombo-based Home for Human Rights points out in its journal Beyond the wall that the PTA contravenes fair trial norms under the International Covenant on Civil and Political Rights (ICCPR). Sri Lanka ratified the Covenant in June 1980.
The PTA allows arrests without warrant and permits detention without the person being produced before a court, initially for 72 hours, and thereafter on an administrative order made by the Defence minister up to 18 months, which could be followed by detention till the conclusion of the trial. Although the law says that the person may be released during trial with the consent of the Attorney General, it does not provide for any mechanism to secure such consent. Therefore the court has been deprived of right to enquire into the validity or reasonableness of the detention.
There is no legal requirement to inform the reasons for arrest or provide a copy of the detention order. A person may be held under the PTA on suspicion and need not be charged with an offence. Many Tamils arrested under the Act have been released after several months or even several years, without any charge.
The lawfulness of a detention order by the minister under the Act cannot be challenged in a court. Further, under Section 8, a police officer can compel a magistrate to record the statement of an arrested person. Where indictment has been served , the court cannot order bail. The Act also takes away the power of the judge to impose suspended sentences and consider mitigating circumstances.
Under the Act, a person is triable without a preliminary enquiry and without a jury. Although confessions to the police are inadmissible as evidence in court under norman law, under the PTA confessions are admissible. Against the concept of the presumption of innocence, the Act places the burden of proving that the confession was obtained under duress, on the accused.