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.

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.

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.

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22 - 22. a. The Commission possesses the power to inquire into and investigate complaints on infringement of human rights, or foreseeable infringements of human rights of a person or persons filed at the Commission by a person or persons, or a representative acting on their behalf. b. The Commission is empowered to do the following with regard to an investigation: 1. Summon witnesses to the Commission and procure their statements. 2. Summon persons related to an ongoing investigation to the Commission and procure their statements. 3. Procure and examine relevant documents, when necessary, in an ongoing investigation. 4. Should the Commission have reason to believe a party is capable of assisting the Commission in an ongoing investigation on particular areas, the Commission shall request specific information from such a party in writing. 5. Should a government authority fail within the given period of time to provide information or submit a report requested by the Commission regarding a complaint filed at the Commission, the Commission shall inquire into the matter in its own capacity. 6. Instruct a person being questioned by the Commission in an ongoing inquiry not to leave the Maldives except with the permission of the Commission. 7. Conduct investigations in public or in closed sessions. 8. Conduct investigations by a single member or a committee comprising members of the Commission. 9. Procure evidence regarding an ongoing inquiry. 10. Accept legal counsel. c. Any authority which detains a person as per the law or Shari’ah, shall assist the detainee to file a matter or a complaint at the Commission. Upon receipt of the matter or complaint, the authority shall deliver it to the Commission, in a sealed envelope without any alterations and without disclosing its contents to any other party. d. This Act does not permit a person who has lodged a complaint to be subjected to any form of harassment, intimidation, agony or any other repercussions.

CEDAW Article 2 - Article 2 States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle; (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women; (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; (e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise; (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; (g) To repeal all national penal provisions which constitute discrimination against women.

ICERD Article 4 - Implementation of the instrument; legal punishability of offences