RECOMMENDATION
16.The State party should take measures to increase the resources and strengthen the capacity of the Human Rights Commission of the Maldives, in accordance with the Principles relating to the Status of National Institutions for the Promotion and Protection of Human Rights (the Paris Principles) and the Guidelines of the Global Alliance of National Human Rights Institutions.
| Recommendation No: | CAT-16 |
|---|---|
| Recommendation Year: | 2019 |
| Recommendation Text: | 16.The State party should take measures to increase the resources and strengthen the capacity of the Human Rights Commission of the Maldives, in accordance with the Principles relating to the Status of National Institutions for the Promotion and Protection of Human Rights (the Paris Principles) and the Guidelines of the Global Alliance of National Human Rights Institutions. |
| 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 11 - CAT Article 11
Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.
Stakeholders
Human Rights Commission of Maldives (HRCM)
Relevant Articles of the Constitution
45 - Everyone has the right not to be arbitrarily detained, arrested or imprisoned except as provided by law enacted by the People’s Majlis in accordance with Article 16 of this Constitution.
46 - No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the 13 authority of an arrest warrant issued by the court.
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.
51 - Everyone charged with an offence has the right: (a) to be informed without delay of the specific offence in a language understood by the accused; (b) to be tried within a reasonable time; (c) not to be compelled to testify; (d) to an interpreter to be provided by the State where he does not speak the language in which the proceedings are conducted, or is deaf or mute; (e) to have adequate time and facilities for the preparation of his defence and to communicate with and instruct legal counsel of his own choosing; (f) to be tried in person, and to defend himself through legal counsel of his own choosing; (g) to examine the witnesses against him and to obtain the attendance and examination of witnesses; (h) to be presumed innocent until proven guilty beyond a reasonable doubt.
53A - Everyone has the right to retain and instruct legal counsel at any instance where legal assistance is required.
53B - In serious criminal cases, the State shall provide a lawyer for an accused person who cannot afford to engage one.
Relevant Legislation Articles
Section 5 - Imprisonment
17 - 17. (a)Places established in Maldives for persons accused of committing a crime to be detained for the duration of an investigation; places established for persons to be detained for the duration where an investigation has been concluded and persons awaiting trial; places established for persons to be held in detention until the completion of the trial; places established for the detention of juveniles; places established for the detention of people serving their sentences; centers providing rehabilitation services; places providing treatment for mental illness; centers designated for people with special needs; places established for detention of people for detoxification, shall be publicly declared by the Minister within 15 (fifteen) days of this Act coming into force.
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(b) )Places established in Maldives for persons to be detained for the duration of an investigation; places established for persons to be detained for the duration where an investigation has been concluded and persons awaiting trial; places established for persons to be held in detention until the completion of the trial; places established for the detention of juveniles; places established for the detention of people serving their sentences; centers providing rehabilitation services; places providing treatment for mental illness; centers designated for people with special needs; places established for detention of people for detoxification, within 7 (seven) days of the public declaration of such places by the minister as stated in subsection (a) of this Article, a detailed report shall be compiled by the Minister comprising of the following details regarding these places and shall be submitted to the commission.
(1) The name of each facility, the name of the island on which the facility is located and the address of the facility.
(2) Up until the day the report is submitted, the names of the people detained in each facility, their addresses, age, the duration they have resided in that facility, the time forecasted for them to remain the facility and the reason for their detention.
(c) The report to be submitted by the Minister undersubsection (b) of this Article shall submitted to the commission once every 3 (three) months after the initial report; these reports shall be submitted within 10 (ten) days of the completion of 3 (three) months and on any instance when it is requested by the commission.
(d) While submitting the report as stated in subsection (c) of this Article, any changes that has occurred in that place within the past 3 (three) months, or any changes in the number and details of people detained in that place within the past 3 (three) months, should be included and highlighted.
19 - 19. (a) A person being detained for more than 24 (twenty four) hours, has the right to request the detaining authorities to consult a doctor working in a location other than the place where he is detained – to check the status of his health and well-being, once the first 24 (twenty four) hours of detention has been completed. Detaining Authority should inform a person being detained that he/her has the right stated in this subsection.
(b) If a person in detention requests consultation with a doctor within 24 (twenty four) hours of release as mentioned in subsection (a) of this Article, the authorities of such detention facility shall facilitate the request within 24 (twenty four) hours of receiving the request.
(c) A person released from detention has the right to request from the facility at which the person was detained, to seek consultation from a doctor working at a location other than the place where he was detained – to check the status of his heath and well-being, within the first 24 hours of the person’s release.
(d) ) If a person released from detention requests consultation with a doctor within 24 (twenty four) hours of release as mentioned in subsection (c) of this Article, the authorities of such detention facility shall facilitate the request within 24 (twenty four) hours of receiving the request.
(e) The costs incurred in obtaining the medical consultation mentioned in subsection (a) and (c) of this article shall be borne by the person seeking consultation from the physician. However, if the commission finds that the person lacks the financial capacity to bear the costs of such consultation, the State will have to arrange the costs of such consultation. The commission establish a mechanism to make it possible for financial arrangements to be made within 24 (twenty four) hours. For the purposes of this Article, the costs shall be borne by the party which detained the person or the party upon whose orders the person was detained.
22 - Detaining a person in a place which is not prepared for and publicly announced as a detention center under this Act, detaining a person in a place where he/she cannot communicate with another person, detaining a person without informing him/her about the location of the place, or detaining a person in an environment where it is possible to easily carry out acts of torture is a criminal offence under this Act.
44 - 44. (a) Even if stated otherwise in any other Law or Regulation, this Act provides the Commission with powers in addition to the powers granted to it by the Human Rights Commission Act
(6/2006) necessary to take all direct and indirect action to stop, discourage and prevent torture, cruel, inhumane treatment, or any action that infringes the dignity of a person as defined by this Act.
(b) The necessary power to carry out and to pave way to fulfill the responsibilities of the Commission as stated in (a) of this article is hereby granted to the Commission under this article.
(c) For the purposes of this article, this Act, the international convention against torture and the associated optional protocol, the Human Rights Commission will be the National Preventative Mechanism (NPM) to stop and prevent all acts of torture as defined by this Act. The responsibilities of the NPM shall be inducted into the responsibilities of the commission and this article hereby grants the commission all necessary power to fulfill these responsibilities.
7 - ..
30 - a. The state treasury shall provide the Commission the funds from the annual budget approved by the People’s Majlis, essential to undertake the responsibilities of the Commission
b. The Commission shall not utilise the financial assistance provided by persons or an organisation or a foreign government, for purposes except achieving the objectives of the Commission.
c. A financial statement comprising the Commission’s income, expenditure, assets and liabilities, audited and prepared in consultation with the Auditor General and in accordance with the regulations formulated by the Commission, shall be submitted to the President of the Republic and the People’s Majlis along with the annual report stipulated in Section 32 of this Act.
Article 48 - .
3 - .
13 - International organizations can also conduct inspections in accordance with a treaty or convention which Maldives is a part of.
43 (e) - if a child is arrested, his/her parent or a person who can protect his well-being should be informed of the arrest at the earliest or within 4 hours at the most
53 (d) - (d) Transfer to Juvenile Court. A person who is less than 18 years old at the time of the offense and who is excused for his offense under Subsections (a) and (b) shall be referred to the Juvenile Court, which shall have exclusive jurisdiction over all further proceedings in the matter.
Section 4 - specifies the categories of prisons
Relevant Regulations & Policies
Regulation on using Handcuffs and Regulation on using Batons - Regulation on using Handcuffs and Regulation on using Batons
Code of Conduct of the Officials (2015/R-133) - Code of Conduct of the Officials
Code of Ethics of Maldives Police Service - Code of Ethics of MPS
Regulation on the Conditions of the Inspector of Correctional Services (2014/R-165) - Regulation on the Conditions of the Inspector of Correctional Services
Regulation for Prisoners and Detainees on Seeking Medical Assistance from Abroad (2014/R-186) - Regulation for Prisoners and Detainees on Seeking Medical Assistance from Abroad
Regulation on Body Check and other Accessories Owned (2015/R-3) - Regulation on Body Check and other Accessories Owned
Regulation on Taking Samples (2015/R-4) - Regulation on Taking Samples
Regulation on Prisoners and Detainees (2015/R- 127) - Regulation on Prisoners and Detainees
Regulation on Conducting Medical Services for Detainees on Remand (2015/R- 223) - Regulation on Conducting Medical Services for Detainees on Remand
Regulation on Fundamental Rights provided to Detainees and Prisoners (2016/R-34) - Regulation on Fundamental Rights provided to Detainees and Prisoners
Regulation on Receiving and Organizing Phone Calls, Letters and Meetings with the Detainees and Prisoners (2016/R- 35) - Regulation on Receiving and Organizing Phone Calls, Letters and Meetings with the Detainees and Prisoners
Regulation on Exercising all Legal Powers and Discretions Vested in the Police and Regulation on Sending Authorized Persons to Meetings, or Places that are Stated in the Constitution (2016/R-36) - Regulation on Exercising all Legal Powers and Discretions Vested in the Police and Regulation on Sending Authorized Persons to Meetings, or Places that are Stated in the Constitution
Relevant Articles of other Human Rights Conventions
No Relevant Articles of other Human Rights Conventions
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
National human rights institution