Suppression of Terrorist bombings Act 1999

This Act may be cited as the Suppression of Terrorist bombings Act, No.11 of 1999 and shall come into operation on such date as the Minister, by Order published in the

Gazette,certifies as the date on which the Convention for the

Suppression of Terrorist Bombings signed at New York on

January 12, 1998 (hereinafter reffered to as “ the Convention”)

enters into force in respect of Sri Lanka.

The Minister may, from time to time, by Order published in the Gazette, certify the States Which are parties to the

Convention. A state in respect of which an Order is made under this section is hereinafter referred to as “a Convention

State”.

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Any person who unlawfully and intentionally, delivers, places, discharges or detonates, an explosive or other lethal device in, into, or against, a place of public use, a state or govenment facility, a public transportation system or an infrastructure facility with intent to -

Any person who -

The High Court shall have the jurisdiction to try an offence under sebsection (1) or subsection (2) commited in any place outside the territory of Sri Lanka, in any of the following cases, that is to say where -

The jurisdiction vested in the High Court to try offences under this Act shall be exercised by the High Court of Sri Lanka holden at Colombo or the High Court established by Article 154P of the Constitution for the Western Province.

Where a person who is not a citizen of Sri Lanka is arrested for an offence under this Act, such person shall be entitled -

to communicate without delay, with the appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights, or if he is a stateless person, with the nearest appropriate representative of the State in the territory of which he was habitually resident;

to be visited by a representative of that State; and

to be informed of his rights under paragraphs (a) and (b)

Where a request is made to the Government of Sri

Lanka, by or on behalf of the Government of a Convention

State for the extradition of any person accused or convicted of an offence specified in the Schedule to this Act, the Minister shall, on behalf of the Government of Sri Lanka, forthwith notify the Government of the requesting State of the measures which the Government of Sri Lanka has taken, or proposes to take, for the prosecution or extradition of that person for that offence.

Where there is an extradition arrangement made by the Government of Sri Lanka with any Convention State in force on the date on which this Act comes into operation, such arrangement shall be deemed, for the purposes of the

Extradition Law, No. 8 of 1977, to include provision for extradition in respect of the offences specified in the Schedule to this Act.

Minister may treat Convention as an extradition a r r a n g e m e n t between Sri Lanka and certain Convention States, in respect of offences in the Schedule

Where there is no extradition arrangement made by the Government of Sri Lanka with any Convention State, the

Minister may, by Order published in the Gazette, treat the

Convention, for the purposes of the Extradition Law, No.8 of 1977, as an extradition arrangement made, by the Government of Sri Lanka with that Convention State providing for extradition in respect of the offences specified in the Schedule to this Act.

The Extradition Law, No.8 of 1977 is hereby amended in the Schedule to that Law, by the insertion immediately before Part B of that Schedule, of the following item:-

“ 41. The unlawful and intentional delivery, placing, discharging or detonation, of any explosive or other lethal device, within the meaning of the Convention on the Suppression of Terrorist Bombings in, into, or against, a place of public use or state or government facility a public transportation system or infrastructure facility, with intent –

to cause death or serious bodily injury;

to cause extensive destruction of such place, facility or system, where such destruction results in, or is likely to result in major economic loss.”

Notwithstanding anything in the Extradition Law,

No.8 of 1977, an offence specified in Part B of the Schedule to that Law and the Schedule to this Act shall for the purposes of that Law, be deemed not to be an offence of a political character or an offence connected with a political offence or an offence inspired by political motives, for the purposes only of extradition of any person accused or convicted of any such offence, as between the Government of Sri Lanka and any Convention State or of affording assistance to a

Convention State under section 11.

The Government of Sri Lanka shall afford all such assistance to, and may through the Minister request all such assistance from, a Convention State as may be necessary for the investigation and prosecution of an offence under section 3 or of an offence specified in the Schedule to this Act, including, where there is an agreement to that effect between the Government of Sri Lanka and a Convention State, assistance relating to the taking of evidence and statements and the serving of process.

The Government of Sri Lanka shall take appropriate measures to prevent any person or group of persons from committing or encouraging, instigating, organizing or knowingly financing the commission of an offence under this

Act, or of an offence specified in the Schedule to this Act, whether in or outside Sri Lanka.

In the event of any inconsistency between the

Sinhala and Tamil text of this Act, the Sinhala text shall prevail.

In this Act unless the contest otherwise requires –

“explosive or other lethal device” means :

an explosive or incendiary weapon of device that is designed or has the capability, to cause death, serious bodily injury or substantial material damage; or

a weapon or device that is designed, or has the capability to cause death, serious bodily injury or substantial material demage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material ;