RECOMMENDATION
Strengthen the protection of freedom of expression and freedom of the press, and strengthen efforts to address the issue of prison overcrowding, especially during the present pandemic
Recommendation No: 133.163
Recommendation Year: 2021
Recommendation Text: Strengthen the protection of freedom of expression and freedom of the press, and strengthen efforts to address the issue of prison overcrowding, especially during the present pandemic
Convention/Treaty Body: Universal Periodic Review - 3rd cycle
Information Deadline:
Implementation Deadline:
Related Human Rights Articles
No Related Human Rights Articles
Stakeholders
Maldives Correctional Service (MCS) | Ministry of Home Affairs (MoHA)
Relevant Articles of the Constitution
27 - Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam.
Relevant Legislation Articles
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.
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICCPR Article 2 - 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.
ICCPR Article 19 - The freedom of opinion and expression.
CAT Article 2 - CAT Article 2 1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. 2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. 3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
GOAL 16
Categories
Torture and other cruel or degrading treatment or punishment , Freedom of expression - speech and press