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.

11 - 11. “Cruel, Inhumane, degrading actions” shall be considered, as any action or incident that does not fall under the acts of torture stated in articles 13 and 14 of this Act, that inflict severe pain or actions that may kill the persons spirit of survival, or actions to convince a person that the person is below the limits of human dignity, inflictedupon a person under the care of a state official, or upon the orders of such an official, or with the consent of such an official, or upon the notification of such an official or with the knowledge of such an official.

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.

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.

16 - 16. (a) Freedom at all times and circumstances, from actions of torture, cruel, inhumane and degrading actions and punishments beyond the limits of human dignity, is a fundamental right of every person in the Maldives. (b) Circumstances where the country is at war, or when war is imminent, or times of political instability, or times when the rate of crime is unusually high, or times when an emergency status may be declared, shall not be considered as an excuse or a defence to committ an act of torture, or to inflict cruel, inhumane or degrading actions on a person, or to give a penalty or punishment beyond the limits of human dignity. (c) To claim that the inflicting of torture on a person, or subjecting a person to cruel, inhumane or degrading circumstances, or inflicting a penalty or punishment beyond the limits of human dignity was done in the course of pursuing a persons official capacity, or to claim that the actions were a result of following the orders of a superior, or to claim that for the fear of termination of the person’s job if the orders are not pursued or to claim that a person being unaware that the act was illegal shall not be considered as a valid excuse or defence to torture, commit cruel, inhumane or degrading actions, or to give a penalty or punishment beyond the limits of human dignity.

7 - ..

. - .

49 - Before imprisonment, the following procedures must be completed: All documents must be completed. The convict or detainee must be searched. Their level of imprisonment must be determined. A medical assessment must be completed. A schedule of the programmes they have to complete during jail time must be determined. An awareness programme about jail conduct and services must be carried out.

50 - medical assessment to be completed before the prisoner is admitted into the prison

68 - There should be medical officers and psychiatric officers, in accordance to the population of the prisons, who are accepted by the Medical Council of Maldives as having the necessary education and experience in the field

69 - • To provide medical treatment to the convicts and detainees and to inform the Director of Prisons where the treatment cannot be given to the convict in prison. • Determine the type of food which a convict needs due to a medical condition. • Do assessment reports to determine the medical and mental health of the convicts and detainees.

72 - • Where the convict refuses to do the medical examination before being prisoned. • Where the convict refuses to do the medical examination asked to do by the Commissioner or Director of Prisons (for evidence purposes) • Instances where the Medical Officer believes that there is a risk to the convict’s life or another person’s life or health. • Where the convict faints or is in no position to give consent

75 - Convicts can be changed from Prison in instances where the medical officer observes and notifies the Director of Prisons that the convict has a sickness which does not able him to complete the sentence, a mental sickness which cannot be cured or where the convict has a communicable disease

76 - Convicts who are transferred from Prison to another place due to a reason specified in Article 75 will be under custody till they are released from the treatment or till they can be taken back to Prison and the sentence of the convict will be deducted during this period as well

77 - The medical officer should submit in writing to the Director of Prisons if the facilities of the Medical Centre does not comply with the Act, or if a situation arises where the medical officer is obstructed from performing his duties

92 - an internal disciplinary system must be set up which will investigate the disciplinary problems independently.7. formulate a regulation on the Internal Disciplinary Actions which needs to be taken for the Convicts, Remandees and Detainees upon convictions and investigations conducted

96 - if a decision is made to separate a prison from others, the Director of Prison should be immediately notified and that a Prison Order must stipulate the minimum privileges that the prisoner must receive during this period.

97 - .

98 - No Convict should be subjected to physical harm

99 - No Convict should be subjected to physical harm and they should not be deprived of food and water

101 - establishment of disciplinary system and display of disciplinary measures. Convicts should receive a copy of it

102 - facilitate convicts rehabilitation and reintegration into society

105 - Assist convicts or detainees in their rehabilitation programmes and welfare issues

106 - labour which the Convicts will undertake during the term of imprisonment

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.

CEDAW - 52 - CEDAW