visit were appointed by the Government to form the National Preventive Mechanism(NPM).
12.At the end of the visit, the delegation presented to the Maldivian authorities its preliminary observations concerning the visit in
confidence.
13.The following report on the first SPT visit to the Maldives, produced in accordance with article 16 of the OPCAT, sets out the
findings of the delegation and the SPT’s observations and recommendations concerning the treatment of people deprived of their
liberty, in order to improve the situation as regards the protection of such persons from all forms of ill-treatment. The visit report is an
important element of the dialogue between the SPT, the Maldivian authorities and civil society aimed at preventing torture and other
cruel inhuman or degrading treatment or punishment. In principle, the report is confidential until such time as the authorities of the
Maldives request publication.
14.The first chapter of the visit report looks at the legal and institutional framework in the Maldives from the perspective of prevention
of torture. Situations favourable to torture may arise from the lack of an appropriate legal and institutional framework guaranteeing the
rights of persons deprived of their liberty.
15.One of the crucial factors inhibiting ill-treatment is the existence of a fully functioning system of independent visits to monitor all
places where persons may be deprived of their liberty. For this reason, the second chapter of the report is devoted to a discussion of
the development of the national preventive mechanism (NPM) in the Maldives.
16.In subsequent chapters of the report the SPT examines the concrete situations of people deprived of their liberty in different
settings visited in the light of those safeguards and the access thereto, which the SPT considers will, if properly established and/or
maintained, diminish the risk of ill-treatment of persons deprived of their liberty. The SPT makes recommendations concerning
changes to improve the situations encountered and to ensure the development and improvement of a coherent system of safeguards in
law and in practice.
I. Formal Safeguards against ill-treatment
17.The SPT considered those elements of the legal and institutional framework with the potential to provide safeguards for persons
deprived of their liberty and those potentially contributing to the risk of ill-treatment.
A. Legal Framework - primary legislation, regulations and instructions/codes
1. The Constitution of the Republic of Maldives
18.The SPT understands that the new Constitution of the Republic of Maldives, which existed in draft form at the time of
the visit of the SPT, has now been adopted. The new Constitution contains a revised Chapter II on fundamental rights
and freedoms, including prohibition of arbitrary detention and cruel, inhuman or degrading treatment or punishment or
torture, as well as a provision on humane treatment of arrested or detained persons. The SPT welcomes the ratification
of the new Constitution by the President on 7th August 2008.
19.The Constitution is the supreme law of Maldives; articles 31 and 148 of the Constitution in force at the time when the visit took
place provided that where any law, regulation or any principle having the force of law is inconsistent with the fundamental rights or
other provisions stipulated in the Constitution, such law, regulation or principle shall, to the extent of such inconsistency, be void.
20.Chapter II of the Constitution contained provisions on the fundamental rights and duties of citizens. Under article 31, the
fundamental rights stipulated in the Constitution shall not temporarily or otherwise be denied save in accordance with the Constitution.
The Constitution was, however, less clear regarding the interrelationship between national and international law and provided little
guidance as to whether human rights treaties duly ratified by the Maldives can be considered directly applicable in the legal order of
the Maldives.
21.In this respect the SPT wishes to recall that, in accordance with articles 26 and 27 of the Vienna Convention on the Law of
Treaties of 23 May 1969 to which the Republic of Maldives acceded on 14 September 2005, every treaty in force is binding upon
the parties to it and must be performed by them in good faith. As to the relationship between national and international law and
observance of treaties, the Vienna Convention clearly stipulates that a State party may not invoke the provisions of its internal law as
justification for its failure to comply with or observe the provisions of a treaty.
22. The SPT recommends that the Maldives, in order to ensure the best possible protection against ill-treatment,
continue to review and strengthen its efforts to ensure that all domestic laws as well as administrative regulations
conform to the provisions and principles of the international human rights instruments and standards. When
incorporating international legal obligations, authorities should have regard to the language of the international legal
instruments.
2.The offence of torture and other forms of cruel, inhuman or degrading treatment or punishment
in the Maldivian legislation
23.The SPT notes that the Government of the Maldives is presently embarked on an ambitious programme of legal
reform, which would include a new Penal Code, Sentencing Bill, Criminal Procedure Code, Bill of Evidence, Police Bill,
National Security Bill, Detention Procedures Bill and Parole Bill. The SPT requests to be kept informed on the process
of adoption of these new Bills and their entry into force. It also requests a copy of the adopted versions of the above mentioned Bills.