RECOMMENDATION
8(c) Make public the reports of prior inquiries concerning acts amounting to violations of the Convention, including the full report of a commission established to investigate the mistreatment and killing of prisoners in Maafushi jail on 20 Sep 2003;
| Recommendation No: | CAT-8(c) |
|---|---|
| Recommendation Year: | 2019 |
| Recommendation Text: | 8(c) Make public the reports of prior inquiries concerning acts amounting to violations of the Convention, including the full report of a commission established to investigate the mistreatment and killing of prisoners in Maafushi jail on 20 Sep 2003; |
| 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 12 - CAT Article 12
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.
Stakeholders
Human Rights Commission of Maldives (HRCM)
Relevant Articles of the Constitution
50 - After notice of an alleged offence has been brought to the attention of the investigating authorities, the matter shall be investigated promptly, and where warranted, the Prosecutor General shall lay charges as quickly as possible.
Relevant Legislation Articles
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.
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.
51 - Men and women must be imprisoned separately.
52 - to accommodate children of the age of 2 years or less with their imprisoned mothers.
Relevant Regulations & Policies
Maldives Police Service General Regulation (2008) - Maldives Police Service General Regulation
Relevant Articles of other Human Rights Conventions
ICCPR Article 14 - The right to equality before the law; the right to be presumed innocent until proven guilty and to have a fair and public hearing.
ICCPR Article 15 - No one can be held for an offence that was not a crime at the time it was committed.
ICCPR Article 16 - The right to be recognised as a person before the law.
CEDAW Article 15 - Article 15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
CRC Article 12 - 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
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.
CRC Article 40 - 1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.
2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:
(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;
(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law;
(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;
(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;
(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;
(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;
(vii) To have his or her privacy fully respected at all stages of the proceedings.
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:
(a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;
(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.
CRPD Article 5 - Equality and non-discrimination
CRPD Article 12 - Equal recognition before the law
CRPD Article 13 - Access to justice
CRPD Article 14 - Liberty and security of person
ICERD Article 5 - Non-discrimination; equality before
the law; general policy
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
No Categories