RECOMMENDATION
The State party should take steps to combat torture and ill-treatment in its all forms and prohibit it in its legislation. The State party should consider setting up an independent commission of inquiry to investigate all human rights violations, including torture that took place in the State party prior to 2008 and provide compensation to the victims. The Committee should further investigate all allegations of torture that took place at the time of the demonstrations of 8 February 2012, in Malé and Addu, prosecute those responsible, and provide compensation and rehabilitation to the victims. The State party should implement the findings of the Commission of Inquiry set up to investigate events that took place during the political transition period.
| Recommendation No: | ICCPR-14 |
|---|---|
| Recommendation Year: | 2012 |
| Recommendation Text: | The State party should take steps to combat torture and ill-treatment in its all forms and prohibit it in its legislation. The State party should consider setting up an independent commission of inquiry to investigate all human rights violations, including torture that took place in the State party prior to 2008 and provide compensation to the victims. The Committee should further investigate all allegations of torture that took place at the time of the demonstrations of 8 February 2012, in Malé and Addu, prosecute those responsible, and provide compensation and rehabilitation to the victims. The State party should implement the findings of the Commission of Inquiry set up to investigate events that took place during the political transition period. |
| Convention/Treaty Body: | International Covenant on Civil and Political Rights |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
ICCPR Article 7 - The right to be free from inhuman or degrading treatment or punishment.
Stakeholders
Human Rights Commission of Maldives (HRCM)
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Maldives Police Service (MPS)
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National Integrity Commission (NIC)
Relevant Articles of the Constitution
54 - No person shall be subjected to cruel, inhumane or degrading treatment or punishment, or to torture.
Relevant Legislation Articles
18 - Commission (HRCM) should investigate cases lodged to the commission....
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICCPR Article 4 - Derogation of rights to be limited to specific circumstances, certain rights may not be derogated from and derogation must be consistent with certain rules.
CRPD Article 15 - Freedom from torture or cruel, inhuman or degrading treatment or punishment
CAT Article 2 - CAT Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
CAT Article 4 - CAT Article 4
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.
CAT Article 16 - CAT Article 16
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.
Related Recommendations of other Treaty Bodies
CRC-43(a) - CRC
CRC-41 - CRC
Related SDGs
No Related SDGs
Categories
Torture and other cruel or degrading treatment or punishment