RECOMMENDATION
The State party should provide legal guarantees to suspects detained by the Police, or National Defence Forces, whereby that they are brought before a judge who should decide on the lawfulness of their detention and/or its extension, within 48 hours. In adopting its Legal Aid Act, the State party should also ensure that free legal assistance is provided in any cases where the interest of justice so requires.
| Recommendation No: | ICCPR-18 |
|---|---|
| Recommendation Year: | 2012 |
| Recommendation Text: | The State party should provide legal guarantees to suspects detained by the Police, or National Defence Forces, whereby that they are brought before a judge who should decide on the lawfulness of their detention and/or its extension, within 48 hours. In adopting its Legal Aid Act, the State party should also ensure that free legal assistance is provided in any cases where the interest of justice so requires. |
| Convention/Treaty Body: | International Covenant on Civil and Political Rights |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
ICCPR Article 9 - The right to liberty and freedom from arbitrary arrest or detention.
Stakeholders
Human Rights Commission of Maldives (HRCM)
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Attorney General's Office (AGO)
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Maldives Police Service (MPS)
Relevant Articles of the Constitution
48 - Everyone has the right on arrest or detention: (a) to be informed immediately of the reasons therefore, and in writing within at least twenty four hours; (b) to retain and instruct legal counsel without delay and to be informed of this right, and to have access to legal counsel facilitated until the conclusion of the matter for which he is under arrest or detention; (c) to remain silent, except to establish identity, and to be informed of this right; (d) to be brought within twenty four hours before a Judge, who has power to determine the validity of the detention, to release the person with or without conditions, or to order the continued detention of the accused.
53A - Everyone has the right to retain and instruct legal counsel at any instance where legal assistance is required.
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
CRC Article 37 - States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
Right to Legal Counsel