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.

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.

39 - 39.(a) If a person who commits any form of physical or psychological torture, cruel, inhumane treatment, or any action that infringes the dignity of a person, as defined by this Act, in another country, but is currently in the Maldives and if the commission believe, based on its own observation or by the information gathered by relevant institutions, that the person should be detained or should be disallowed to leave the Maldives until the necessary steps are taken, the commission has the power to take such actions and the power to ask for police assistance regarding actions that can be taken by the police. (b) If the Police is asked to aid the Commission in accordance with (a) of this article, the Police have the power to do so under this Act, the Police Act and other relevant Laws. (c) Actions taken under (a) and (b) of this article should be limited only to the level necessary to send the person to the country in which the crime was committed in as stated in section (a) of this article, or in order to prosecute the suspect in a Maldivian Court of Law under this act. (d) If any actions are taken against a suspected perpetrator under this article, he/she should be allowed to contact the relevant authorities of his/her country, or if the person is not a national of any country, relevant authorities of his/her usual country of residence, or the relevant authorities of the country in which the crime is suspected to have been committed in. The authorities in the Maldives should ensure that the suspected perpetrator is granted this right and should aid him/her in this process. (e) If any actions are taken against a suspected perpetrator under this article, it is a responsibility of the relevant Maldivian authorities to contact in a timely manner, the relevant authorities of his/her country, or if the person is not a national of any country, relevant authorities of his/her usual country of residence, and the relevant authorities of the country in which the crime is suspected to have been committed in.

41 - 41.(a) If the Maldives makes extradition agreement, the crime defined in this Act should be included in the extradition agreement. If current agreements disallow exchange of detainees who are charged with the crime of torture, the relevant Maldivian authorities should try to change the agreement accordingly. (b) Even if Maldives does not have specific extradition agreement with another country and even if a country requires specific agreements to exchange persons accused of a crime, if that particular country is party to the international conventions against torture, cruel, inhumane and degrading treatment, these conventions can be considered as an agreement for detainee exchange for persons who are charged with torture

6 - if the country requesting extradition has entered into an extradition treaty with the Maldives, a determination for extradition can be made for the offences agreed between by the two countries under the extradition treaty.

11 - specifies list of countries that convicts can be extradited to.

13 - Extraditable offences for the countries that have not entered into an extradition treaty with the Maldives are detailed .Extradition Act as offences which carry a minimum sentence of at least one year of imprisonment or detention or a higher sentence under Maldivian law and laws of the country requesting an extradition. Correspondingly, a sentence which carry a minimum sentence of at least one year of imprisonment or detention or a higher sentence under the Maldivian law and remaining portion of the sentence is at least 6 months or more. Moreover, it is not necessary for such offences to be identical to the rank or language or category or act or elements in both jurisdictions. It is important to note that all these circumstances need to be considered when making a determination of the aforementioned extraditable offences. An additional extraditable offence is tax and import duty offences under the Maldivian law that are similar to corresponding offences under the country requesting extradition. extradition can be allowed for a person with multiple offences or charges, provided the fact that at least one of the offences is an extraditable offence under the Extradition Act.

15 - .

23 - the High Court should hold court proceedings to rule on the extradition request provided the fact that the Prosecutor General allows for the request of the foreign countries to be processed and the person subject to the request of extradition refuses to be extradited

26 - all extradition cases are to be reviewed at High Court, provided that the country requesting for extradition is one that is on the list of permitted countries to extradite under this Act. mandatory criteria that must be fulfilled for an extradition to take place. the type of crime that the accused committed must be one of the crimes stated in this Act. The accused must also have consented to this extradition and all the relevant documents stated in Section 15 of the Act must be present

27 - .

28 - provides for PGO to issue an order to extradite a person, subsequent to the decision made by High Court of the Maldives. Additionally, the person subjected for extradition has the right to appeal the decision of the High Court of the Maldives at the Supreme Court of the Maldives and the PGO makes a final decision on extradition if the decision to extradite a person is upheld by the Supreme Court of the Maldives of Maldives.

29 - Prosecutor General will make the final extradition order once all the judicial stages are completed. It is substantial to note that the Prosecutor General has the discretion to decide not to extradite the person based on various ground, including evidence that shows that the person would be subjected to torture if extradited

31 - if the person was not extradited within two months from the time the decision was made by the High Court of Maldives to extradite a person, the person can apply to the High Court of Maldives to issue an order for his/her discharge. Additionally, the court shall issue an order to release the person subjected for the extradition, if the court is not convinced that the applicant was not extradited due to a sufficient cause.

34 - permits convicts to be extradited to list of countries published in the gazette. Ministry of Foreign Affairs is mandated to inform the People’s Majlis within 14 days following publication of a declaration that permits convicts to be extradited to a country. Maldivian authorities do not maintain a list of safe countries for transfer and so far Maldives has signed extradition agreements with two countries and this list has not yet been published in the gazette.

75 - .

8 - (a) Unless as stated otherwise in this Act, foreign nationals falling under the following categories shall not be granted leave to enter the Maldives. (1) Persons who are unable to prove that they have sufficient funds for daily subsistence and accommodation for their period of stay in the Maldives or unable to prove employment or the existence of an employment contract in the Maldives. (2) Persons afflicted with a dangerous contagious disease that may be of risk to public health, or considered to have any other dangerous diseases. (3) Persons on the run from justice in another country. (4) Persons who commit, or who may commit acts which disrupts the social or religious harmony of the Maldives. (5) Persons who commit or who may commit acts against the Maldivian state. (6) Persons who are members of terrorist organizations, or are suspected of any associations with terrorist organizations, or persons believed to be terrorists based on information received. (7) Persons who may be considered to pose a threat to the safety and security of the nation. (b) The Controller of Immigration and Emigration shall have the discretion to refuse entry into the Maldives the husband, or wife, or children, or any other persons who are related to any of the persons coming under a category stipulated in subsection (a), if they are foreign nationals. (c) In addition to the categories specified in subsection (a), the Controller of Immigration and Emigration shall also have the discretion to refuse entry into the Maldives, should he/she deem fit, foreign nationals who are similar, or of a similar type, to the categories specified in that subsection, and foreign nationals, if allowed, would be in contravention to the spirit of the categories in the subsection aforesaid.

21 - (a) Where a permit to remain in the Maldives has been granted to a foreign national and the permit has been revoked without any notice, the foreign national shall not remain in the Maldives for a period longer than one day from the date of revocation. (b) Where a permit to remain in the Maldives has been granted to a foreign national and the permit has been revoked with notice, the foreign national shall not remain in the Maldives from the date of revocation. (c) A foreign national remaining in the Maldives after the revocation of his permit to remain in the Maldives, or a foreign national remaining in the Maldives without any permits is strictly prohibited under this Act. (d) This Act does not prevent the Controller of Immigration and Emigration making arrangements for accommodation of a foreign national whom, pursuant to subsection (c), is unable to depart immediately from the Maldives, and is compelled to remain in the Maldives.

29 - (a) The Controller of Immigration and Emigration shall have the authority to order the deportation of a foreign national who arrived in a vessel to the Maldives and who cannot be granted leave to enter the Maldives, in that same vessel or in another vessel under the same owner of the vessel he/she arrived in, or in another vessel arranged by the owner of the vessel he/she arrived in. The Controller of Immigration and Emigration shall also have the power to detain the foreign national at a place where the Controller of Immigration and Emigration deems fit. (b) The vessel shall follow any orders as stipulated in subsection (a). (c) The owner of the vessel in which the foreign national arrived, shall bear the expenses related to the foreign national’s detention and/or deportation as stipulated in this section.

21 - .

Maldives Air Entry Regulation 2010/R-4 - Maldives Air Entry Regulation

Maldives Sea Entry Regulation 2010/R-8 - Maldives Sea Entry Regulation

ICCPR Article 12 - The right to liberty and freedom of movement

ICCPR Article 13 - An alien lawfully in the territory of a state party may only be expelled in accordance with the law, be allowed to argue against expulsion, have case reviewed and be represented before a competent authority.

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 10 - 1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family. 2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.

ICERD Article 5 - Non-discrimination; equality before the law; general policy

CRC-6 - CRC

CRC OP- 16 - CRC-OPSC

CEDAW - 9 - CEDAW

CEDAW - 11 - CEDAW