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255 - a) Measures adopted in an emergency shall not contravene this Article. (b) Measures adopted in an emergency shall not restrict the following rights and freedoms contained in the following Articles of this Constitution: 1. Article 21 (right to life); 2. Article 25 (no slavery or forced labour); 3. Article 27 (freedom of expression); 4. Article 28 (freedom of the media); 5. Article 42 (fair and transparent hearings); 6. Article 48 (b) (rights on arrest or detention); 7. Article 51 (rights of the accused); 8. Article 52 (confessions and illegal evidence); 9. Article 53 (assistance of legal counsel); 10. Article 54 (no degrading treatment or torture); 11. Article 55 (no imprisonment for non fulfilment of contractual obligation); 12. Article 57 (humane treatment of arrested or detained persons); 13. Article 59 (retrospective legislation); 14. Article 60 (prohibition of double jeopardy); 15. Article 62 (retention of other rights); 16. Article 64 (non-compliance with unlawful orders). (c) Any infringement of rights and freedoms under this Constitution and the law shall be only to the extent strictly required by the emergency. (d) Measures adopted in an emergency shall be consistent with the obligations of the Maldives under international law applicable to states of emergency.
27 Related Recommendations
No Recommendation Convention/Treaty Body
CAT-10(d) 10(d) Take measures to strengthen the effectiveness of prosecutors and the Office of the Prosecutor General in ensuring accountability for torture and ill-treatment; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-12 12.The State party should take effective measures to reform the judiciary and guarantee its independence and impartiality, including reviewing the composition and functioning of the Judicial Service Commission and ensuring that all judges have the necessary legal qualifications. The State party should take measures aimed at eliminating corruption in the judiciary and provide all judges with training on the Convention and its requirements. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-20 20.The State party should revise the Anti-Torture Act to ensure that it provides for punishments commensurate with the gravity of the offense of torture and does not condition punishments on the duration of the victim’s hospitalization, noting that some forms of torture may not inflict physical suffering at all. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-24 24.The State party should investigate promptly, thoroughly and impartially all deaths in custody and ensure that perpetrators are punished appropriately and that families of the deceased receive compensation. The State party should seek to ensure the possibility for independent forensic examinations to be undertaken into cases of death in custody, with a view to determining whether State officials are responsible, and ensure that courts in the State party accept the results of independent forensic examinations and autopsies as evidence in criminal and civil cases. The State party should ensure that all cases of death in custody are recorded and that all relevant data about the victim, circumstances of death, and resulting investigation is gathered and published and take necessary measures to prevent such deaths in police and prison establishments. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-26(a) 26.a) Guarantee that all detained persons are afforded, in law and in practice, all fundamental legal safeguards from the very outset of their deprivation of liberty, including the right to be informed immediately of the charges against them; have prompt access to a lawyer or to free legal aid during all proceedings; are able to notify a relative or another person of their choice about their detention or arrest; the right to request and receive a medical examination from an independent doctor, including by a doctor of their choice upon request; and to have their deprivation of liberty recorded in registers at all stages; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-26(b) 26.(b) Establish a central register of detention regarding all persons at all stages of their deprivation of liberty, including transfers to different facilities, inform the Committee on the type of information recorded and on specific measures taken to ensure accurate record-keeping as an important safeguard against incommunicado and arbitrary detention and enforced disappearance; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-26(c) 26(c) Monitor the compliance by all public officials with fundamental legal safeguards, including by endeavouring to undertake video monitoring of all places of deprivation of liberty and interrogation rooms Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-26(d) 26(d) Ensure effective oversight of the provision of safeguards and take disciplinary measures against officials who fail to afford fundamental legal safeguards to persons deprived of their liberty in practice; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-26(e) 26(e) Provide information on the number of complaints received regarding failure to respect fundamental legal safeguards and on the outcome of such complaints in the State party’s next report to the Committee. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-28(a) 28.(a) Take all necessary measures to ensure that pre-trial detention is closely monitored so that it does not become a systematic and widespread practice, is not arbitrary prolonged and does not result in incommunicado detention; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-28(b) 28(b) Ensure the possibility to appeal pre-trial detention decisions and for the legality of pre-trial detention to be reviewed by a court of law; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-28(c) 28(c) Monitor the use of pre-trial detention; ensure that pre-trial detainees are held separately from convicted prisoners, that juveniles are not held with adults; and ensure that pre-trial detention is used as a measure of last resort; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-28(d) 28(d) Promote alternatives to pre-trial detention, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules). Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-36(b) 36 (b) Urgently take all necessary measures to improve material conditions in all places of deprivation of liberty, including reducing overcrowding, in keeping with the Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules); and consider using alternatives to imprisonment in conformity with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) in order to decrease the prison population; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-36(c) 36(c) Ensure that prisoners receive adequate and timely medical care and medication; that they are provided with proper and sufficient food; and are not subjected to prolonged solitary confinement; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-36(d) 36(d) Hire additional duly trained prison staff, including medical doctors, psychiatrists, psychologists and nurses; and ensure prompt referrals for specialist health care outside detention facilities; disclose documents regarding the medical well-being to persons deprived of their liberty and their families; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-36(e) 36(e) Prevent prisoners from contracting infectious diseases during their imprisonment by introducing health screening of inmates upon admission to places of detention; separating healthy prisoners from those suffering from contagious diseases; and providing adequate treatment to infected persons and to persons with psychosocial disabilities, including an individual mental health regime. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-38(c) 38(c) Grant access to independent organizations, including national and international civil society organizations to all facilities where persons are deprived of their liberty in the country. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-10(b) 10(b) Ensure that all persons under investigation for having committed acts of torture or ill-treatment are immediately suspended from their duties and remain so throughout the investigation, while ensuring that the principle of presumption of innocence is observed; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
CAT-10(e) 10(e) Review the composition and mandate of the National Integrity Commission in order to ensure its independence; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
UPR - 143.61 Take appropriate measures to fully guarantee the safety of journalists and human rights defenders so that they can carry out their activities without fear of persecution or restriction. Universal Periodic Review
UPR - 143.62 Ensure an enabling environment for the activities of journalists, human rights defenders and the other civil society actors Universal Periodic Review
UPR - 143.63 Create and maintain, in law and in practice, a safe and enabling environment, in which human rights defenders and civil society can operate free from hindrance and insecurity, in accordance with Human Rights Council resolutions 22/6 and 27/31 Universal Periodic Review
UPR - 143.64 Protect human rights defenders and ensure their right to exercise their work without restrictions Universal Periodic Review
UPR - 143.65 Take measures aimed at diminishing threats and intimidation against journalists and civil society, as well as opponents against the Government Universal Periodic Review
UPR - 141.83 Uphold freedoms essential for a stable democracy, including freedoms of speech and assembly Universal Periodic Review
UPR - 143.30 Present its initial report, which is overdue since 2005, to the Committee against Torture Universal Periodic Review
0 Related NHR Action Plans