In his defence, Razik argued that his post was misconstrued and misrepresented by the authorities. The Supreme Court ultimately ruled in his favour, identifying flaws in the State’s case and determining that Razik’s actions did not constitute the offences for which he was charged. The Court highlighted that Razik’s use of the term ‘jihad’ was prefaced by ‘ideological’ and advocated for peaceful means of communication, rather than inciting violence or discrimination. This landmark ruling underscored the importance of upholding freedom of expression and protecting individuals from arbitrary prosecution based on their ethnicity or religious beliefs, setting a significant precedent in Sri Lanka’s legal landscape. SHAKTHIKA SATHKUMARA In April 2019, Sathkumara was arrested under suspicion of violating Section 291B of the Penal Code—which prohibits insults to religion—and Section 3 of the ICCPR Act. These charges were prompted by a short story titled ‘Ardha’ (half ) that he had shared on his Facebook page (A/HRC/WGAD/2020/8 Advance Edited Version, 2020). The story drew criticism from Buddhist groups due to its references to homosexuality within the Buddhist clergy and its unconventional portrayal of the legendary story of Siddhartha in Buddhist literature (Day of the Imprisoned Writer 2019 - Take Action for Shakthika Sathkumara—PEN International, 2023). Following his arrest, Sathkumara endured a period of pre-trial detention in a crowded prison until August 2019, when he was eventually granted bail. Throughout the ordeal, Sathkumara maintained that his post-modernist style story was not crafted to insult Buddhism or cause offence to religious sentiments. NATHASHA EDIRISOORIYA Sri Lankan stand-up comedian Natasha Edirisooriya was arrested in May 2023, stemming from her performance on the ‘Modabhimanaya’ (fools pride) comedy program in April 2023 (Gunasekara, 2023). A video of her performance became viral on social media platforms, in which Edirisooriya refers to Prince Siddhartha in a satirisation of parental expectations. Accused of ‘defaming Buddhism’, her arrest was prompted by a virulent campaign led by several Buddhist monks and Sinhala extremists. The Commissioner of Buddhist Affairs, along with several other monks, complained to the CID urging her arrest under the ICCPR Act. Edirisooriya was charged under Sections 3(1) and 3(2) of the ICCPR Act and remanded by the Fort Magistrate’s Court. However, in July 2023, the Colombo High Court released Edirisooriya on bail emphasising the importance of interpreting Section 3 of the ICCPR Act within the context of “freedom of speech and expression”. The Court stressed that there was no evidence suggesting the comedian had ‘advocated or propagated religious hatred’ and her comments don’t have elements that constitute an ‘incitement to discrimination, hostility or violence’ (Rupasinghe, 2023). In summary, the cases of Ramzy Razik, Shakthika Sathkumara, and Nathasha Edirisooriya share significant similarities. They all were charged under Section 3 of the ICCPR Act and involved similar stakeholders and procedural issues to name but a few. As of today, Razik, arrested in April 2020, had charges dropped by the Attorney General in September 2023. The Supreme Court’s ruling in his favour issued in November 2023, came after a delay of over three years. Similarly, charges against Sathkumara were dropped in February 2021, after his arrest in April 2019. Both endured extended remand periods and faced challenges obtaining bail through the High Court, a process that took more than four months each. Sathkumara’s legal ordeal is still ongoing, with hearings for his - 16 -