RECOMMENDATION
38(b) Ensure that all persons, including those in detention, have access to a complaints mechanism through which they can transmit confidential allegations of torture or ill-treatment that cannot be accessed by administrators of the place of deprivation of liberty in which they are held;
Recommendation No: CAT-38(b)
Recommendation Year: 2019
Recommendation Text: 38(b) Ensure that all persons, including those in detention, have access to a complaints mechanism through which they can transmit confidential allegations of torture or ill-treatment that cannot be accessed by administrators of the place of deprivation of liberty in which they are held;
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 13 - CAT Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
Stakeholders
Human Rights Commission of Maldives (HRCM) | Maldives Correctional Service (MCS) | Maldives Police Service (MPS)
Relevant Articles of the Constitution
20 - Every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law.
42A - In the determination of one’s civil rights and obligations or of any criminal charge, everyone is entitled to a fair and public hearing within a reasonable time by an independent court or tribunal established by law.
42B - All judicial proceedings in the Maldives shall be conducted with justice, transparency and impartiality.
42C - Trials of any matter shall be held publicly, but the presiding judge may exclude the public from all or part of a trial in accordance with democratic norms: 1. in the interests of public morals, public order or national security; 2. where the interest of juveniles or the victims of a crime so require; or 3. in other special circumstances where publicity would prejudice the interests of justice.
43A - Everyone has the right to administrative action that is lawful, procedurally fair, and expeditious.
43B - Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.
43C - Where the rights of a person, a group or community has been adversely affected by administrative action, every such person, group or every person who may be directly affected by such action has the right to submit the matter to court.
Relevant Legislation Articles
18 - Commission (HRCM) should investigate cases lodged to the commission....
20 - The responsibilities of the Commission are as follows; a. When a person or an organisation or a representative acting on their behalf files a complaint alleging infringement of human rights or aiding and abetting such an act or should the Commission have reason to believe such an act was committed or is being committed, the Commission shall inquire into the matter; and the Commission shall also investigate complaints filed by a person or an organisation or a representative acting on their behalf, alleging negligence in taking appropriate measures, as per this Act, to check and prevent such an infringement. b. When the Commission deems an infringement of human rights was committed or is being committed or should the Commission have reason to believe a person or a party has abetted such an act, and should the Commission deem negligence has occurred in taking appropriate measures to check and prevent such an infringement the Commission shall inquire into and investigate the matter as per this Act. c. Inquire into and investigate complaints alleging infringement of human rights caused by administrative codes observed in the Maldives, and take appropriate measures as per this Act. d. Inquire into complaints alleging infringement of human rights filed by a government authority or a private organisation to the Commission, and advice such authorities and organisations on the measures to be taken against such infringements. e. Promote a high regard for human rights, and protect and sustain human rights in the Maldives. f. Advice the government in the formulation of laws, regulations and administrative codes concerning the promotion of a high regard for human rights and the protection and sustenance of such rights. g. Identify violations of human rights in laws, regulations, and administrative codes in the Maldives and to bring such violations to the government’s attention. h. Advice the government and make propositions on acceding and ratifying regional and international treaties and conventions regarding human rights. i. Participate and assist in the formulation of international conventions on human rights. j. Increase awareness on human rights and promote a high regard for human rights amongst the citizens of the Maldives and foreign nationals in the Maldives. k. Carry out research on human rights. l. Publicise propositions and recommendations of the Commission through the media on the protection of human rights. m. Undertake additional tasks from those mentioned above to protect human rights.
9 - Minister of Home Affairs to appoint an Inspector of Correctional Services to report findings from inspection visits to places of detention.Inspector of Correctional Service is in charge of inspection and ensuring that the prisons are in compliance with the standards set out in the relevant regulations formulated as per article 63 of this legislation
10 - 1. Ensure that the prisons are constructed in accordance with the regulation. 2. Ensure that the convicts and detainees are provided with the basic necessities as provided for in the regulation. 3. Ensure that the convicts and detainees are being treated the way they are supposed to under the relevant regulation. 4. Ensure that the standards of food and medical services are provided to convicts and detainees, in accordance with the relevant regulation. 5. Conduct scheduled visits and inspect the prisons. 6. Hear out and investigate independently, complaints of torture in prisons and report to the Minister. 7. Investigate instances of death or grievous injury in prisons and report to the Minister. 8. Oversee and report to the relevant institution regarding the detention of people in State Institutions.
12 - Relevant Commissions established under the Constitution of Maldives has the right to inspect and see if the prisons, as well as, the treatment of convicts and detainees are in accordance with international human rights standards as well as this Act and relevant regulations.The Commissions can send the inspection reports to the President, Parliament and the Prosecutor General.
13 - International organizations can also conduct inspections in accordance with a treaty or convention which Maldives is a part of.
14 - The relevant permanent or temporary committees of the Parliament has the right to inspect the prisons and ask to rectify any faults.
82 - the Convicts and the detainees must have the opportunity to submit complaints and make requests to the Director of Prisons or the Prison Officer appointed by the Director of Prisons. Upon hearing the request / complain of the Convicts, the Director of Prisons can either inform that it has been finalized that the complaint will not be further looked in to having probable cause to believe that the complaint had no truth to it or otherwise, in all other situations except the former, the complaint should be looked in to and the necessary steps should be taken. Note: the type of the complaint, the magnitude of it and the complaints previously made by the convict should be referred by the Director of Prisons in taking action against a complaint made
83 - If the response given to a convict’s or the detainee’s complaint or request by the Director of Prison or the Jail Officer was unsatisfactory, he may take it up to the Inspector of Correctional Service. In such situations, the Inspector of Prisons must guide him to the right procedure of doing so
84 - Inspector must inquire about the complaint and discuss it further with Director of Prisons to resolve the matter providing the fact that it is a valid complaint. Additionally, the Inspector can forward the complaint raised by the detainee to the Commissioner, if it is not resolved through mediation
Relevant Regulations & Policies
Regulation on Disciplinary and Administrative offence and punishment to those offences - Regulation on Disciplinary and Administrative offence and punishment to those offences
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