UDHR but goes back to the prohibition of colonization based on racial
discrimination in Article 8 of the Singapore Declaration.
In the next sections of the U.S. Department of State report detailing "Torture and
other Cruel, Inhuman, or Degrading Treatment or Punishment" and "Arbitrary Arrest
or Detention", and "Denial of Fair Public Trial, we find that the Prevention of
Terrorism Act (PTA) permits the confessions of suspects under torture to be allowed
in court (contrary to western legal standards) and does not clearly state what is
constituted to be "arbitrary arrest" according to the report, which is a clear violation of
Articles 9 and 10 of the UDHR. In addition, the passage of the 18th Amendment of
the Constitution of Sri Lanka established the Parliamentary Council in 2010, greatly
increasing executive power over the judiciary. The report also states:
On November 13, Gabriela Knaul, the UN Special Rapporteur on the
Independence of Judges and Lawyers, expressed serious concerns about
reported intimidation and attacks against judges and judicial officers in the
country, and she warned that they might form part of a pattern of attacks,
threats reprisals, and interference in the independence of the justice system.
Knaul reiterated her concerns in a December 31 press release." These can be
seen as violations of the rule of law and a threat to the independence of the
judiciary, also embodied in Article 9 of the Harare Declaration and Articles 6
and 7 of the Commonwealth Declaration.
The government has lost respect for the UN, as can be seen in recent press releases
criticizing the visit to Sri Lanka of UN Human Rights Commissioner Ms. Navi Pillay
in August 2013 and also from the U.S. Department of State report from 2012. The
report states in Section 5 that
There were eight outstanding requests from Special Procedures Mandate Holders
to the government, including: the special rapporteur on independence of judges
and lawyers; the independent expert on minority issues; the working group on
enforced or involuntary disappearances; the special rapporteur on human rights
defenders; the special rapporteur on freedom of expression; the special
rapporteur on enforced, summary, or arbitrary executions; the special rapporteur
on freedom of association and assembly; and the working group on discrimination
against women in law and practice. During the year the government did not
facilitate any visits by special procedures mandate holders to Sri Lanka." Article
9 of the Harare Declaration requires support of "the United Nations and other
international institutions in the world's search for peace, disarmament and
effective arms control; and in the promotion of international consensus on major
global political, economic and social issues" and Article 3 requires "co-operation
to all in the spirit of the Charter of the United Nations.
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