RECOMMENDATION
14.The State party should align its penal legislation concerning minors in conflict with the law with the provisions and rules contained in international standards, and in particular with the Convention and should repeal all provisions that contravene the Convention
| Recommendation No: | CAT-14 |
|---|---|
| Recommendation Year: | 2019 |
| Recommendation Text: | 14.The State party should align its penal legislation concerning minors in conflict with the law with the provisions and rules contained in international standards, and in particular with the Convention and should repeal all provisions that contravene the Convention |
| Convention/Treaty Body: | Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
CAT Article 1 - CAT Article 1
1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.
Stakeholders
Attorney General's Office (AGO)
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Human Rights Commission of Maldives (HRCM)
Relevant Articles of the Constitution
54 - No person shall be subjected to cruel, inhumane or degrading treatment or punishment, or to torture.
57 - Everyone deprived of liberty through arrest or detention as provided by law, pursuant to an order of the court, or being held in State care for social reasons, shall be treated with humanity and with respect for the inherent dignity of the human person. A person may be deprived of the rights or freedoms specified in this Chapter only to the extent required for the purpose for which he is deprived of his liberty.
Relevant Legislation Articles
10 - Torture” is defined as actions by a government official, or with orders from such an official or with the consent of such an official or upon notification from such an official, or with the knowledge of an official or by a private personnel performed with the intention to cause physical or psychological pain or to inflict pain in order to achieve the following objectives:
(1) To obtain information or a confession from that person or third party, or;
(2) To inflict a punishment not declared by law to a person who has performed an act or is accused of performing an act, or a third party that has committed an ac or a third party that has been accused of To committing an act, or;
(3) To threaten or humiliate a person for an act committed by him or a third person for an act committed by him or a third person or for an act he or a third person is accused of committing, or;
(4) To threaten or humiliate a third party in relation to an act by a person or an act a person is accused of committing, or;
(5) To discriminate in any way between two persons upon a basis not prescribed by law.
(b) Not withstanding (a) of this article, the pain or suffering arising due to punishment from lawful sanctions, for the purposes of this Act, shall not be considered as an act of torture.
(c) In places of this Act where the word “torture” or the phrase “acts of torture” has been used, if not stated otherwise, actions of physical torture, psychological torture, cruel, degrading, inhumane actions, actions beyond the limits of human dignity, shall have the same meaning and significance.
(d) In places where the phrase “the person subjected to torture” has been stated, a person who has been or is being subjected to physical or psychological torture, cruel, degrading, inhumane actions, person who has been or is being subjected to punishments beyond the limits of human dignity, shall be considered to have the same meaning and significance as the aforementioned phrase.
13 - 13. (a) “Physical torture” shall be considered any physical act to which a person under the care of state official or under the care of any person is subjected to by that state official or upon the order of such an official or with the consent of such an official, or with the knowledge of such an official, which results in the infliction of the sensation of pain to a body part or to his/her entire body, or to bring tiredness to the body, or to weaken the body, or an action resulting in the body or part of the body to cease functioning normally..
(b) The following, by their very nature, shall be considered as physical torture. Yet, the definition of physical torture is not limited to the following. Other actions of a similar nature will also be considered as physical torture.
(1) The beating of a person’s body in an organized or systematic fashion.
(2) Banging of a person’s head in a certain way at a certain place.
(3) Hitting a person with the fists or kicking a person with the legs.
(4) Hitting a person with the butt of a gun, or a baton, or a stick, or a plastic tube, or a brick, or a chair, or a piece of wood, or with any such hard object.
(5) Jumping on or kicking a person’s stomach.
(6) Hitting a person’s genitals.
(7) Applying a heated rod or any such object to a person’s body.
(8) Restricting a person of daily meals or not providing a person’s daily meals or feeding of rotting food, or the forceful feeding or feeding something unfit for human consumption.
(9) The forceful feeding or swallowing or applying a person’s own or another person’s excrement on his body or applying a person’s own or another person’s excrement on his belongings.
(10) Infliction of electric shocks.
(11) Applying a lit cigarette to a person’s body.
(12) Pouring or spraying of heated oil on a person’s body.
(13) Pouring or spraying of acid on a person’s body.
(14) The pouring of chili, salt or any such substance on a wound on the body orpouring any chemical that would further increase the sensation of burning of the wound or torturing the wound in any other way.
(15) The forceful pushing of a person’s head into water, or the pouring of water on the face of a person resting on a horizontal surface (water boarding).
(16) The tying of a person in a manner where the person is unable to move or in a manner that puts strain on the body.
(17) Tying of a person in a manner that the person cannot change his position.
(18) Suspending a person vertically upside down, or suspending a person from an angle.
(19) Performing an action of sexual nature.
(20) The act of performing sexual intercourse.
(21) Committing an act of sexual misconduct.
(22) Subjecting a person’s genitals to electric shock.
(23) Insertion of an object into a person’s genitalia.
(24) Sodomy.
(25) Detaining in a way that may cause suffocation.
(26) Tearing of nails or removing teeth or pulling outor shaving a person’s hair..
(27) Cutting, mutilating or amputation of a part of the body..
(28) Subjecting a person to extreme heat or extreme cold.
(29) Subjecting a person to sit on ice.
(30) Covering a person’s head and face with a bag.
(31) Subjecting a person to any medication which might affect a person’s mental state, consciousness or memory.
(32) Subjecting a person to medication in order to mimic symptoms particular to a certain disease.
(33) Subjecting a person to the fall of drops of water onto a person’s head in a certain manner and at a certain rate.
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14 - 14. (a) “Psychological torture” shall be consideredas any act or actions to subject a person to anxiety, or to deprive a person from natural process of thought, or to frighten, or to force something upon a person, or to subject a person to degrading treatment, or to weaken or humiliate a person in the care of any person or under the care of a government official, or by the orders of such official, or with the consent of such official, or with the knowledge of such an official.
(b) The following, by their very nature, shall be considered psychological torture. Yet, the definition of psychological torture is not limited to the following. Other actions of similar nature shall also be considered as psychological torture.
(1) Blindfolding.
(2) Threatening to harm a member of one’s family or another close person.
(3) Solitary confinement (detention in a manner where no other human can interact with that person and in a manner where he cannot see any other person).
(4) Detaining a person in a secret centre that is not registered as a place of detention.
(5) Long continuous interrogation without any breaks.
(6) Forcing a person to walk or ordering a person to perform certain actions infront of other people with the intention of humiliating the person.
(7) The transportation of a person from the facility in which he is being detained to another facility or place that has not been previously arranged in order to make the person believe that the purpose for the change in location is to subject the person to torture.
(8) Committing actions of degradation against a member of a person’s family or a to a close person.
(9) To subject a person to physical acts or torture in the view or presence of a family member, friend, relative or another third person.
(10) Depriving a person from rest or sleep.
(11) Forcing a person to strip in the presence or view of another person or other people.
(12) Shaving of one’s head.
(13) Branding a person’s skin in a particular form to cause shame and humiliation.
(14) Prohibiting a person from talking with a family member or a lawyer.
Section 26 - (a) Negation of Culpability. Evidence of mental disease or defect is admissible to negate the culpability required for an offense .(b) Definition. “Mental disease or defect” means any abnormal condition of the mind that substantially affects mental or emotional processes or substantially impairs behavior controls.
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Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICCPR Article 6 - The right to life, which shall be protected in law.
ICCPR Article 7 - The right to be free from inhuman or degrading treatment or punishment.
ICCPR Article 8 - The freedom from slavery and servitude.
CEDAW Article 6 - Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.
CRC Article 6 - 1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
CRC Article 11 - 1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.
CRC Article 19 - 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
CRC Article 32 - 1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.
2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular:
(a) Provide for a minimum age or minimum ages for admission to employment;
(b) Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.
CRC Article 33 - States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.
CRC Article 34 - States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
CRC Article 35 - States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
CRC Article 36 - States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.
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
CEDAW - 51 - CEDAW
Related SDGs
No Related SDGs
Categories
No Categories