24.Although the new Constitution referred to above now contains a general prohibition of torture and ill-treatment, the current penal
legislation of the Maldives does not incorporate a definition of torture nor define acts of torture as criminal offences. The SPT is
concerned about the fact that this situation may justify tolerance of acts prohibited under the Constitution and the international
obligations of the Maldives, and may create actual or potential loopholes for impunity.
25.In line with the general comment No. 2 of the Committee against Torture, the SPT recommends that the Maldives
make the offence of torture punishable as an offence under its criminal law as well as provide for appropriate redress for
the victims of torture and/or ill-treatment. The wording of such a provision should contain, at a minimum, the elements of
torture as defined in article 1 of the Convention against Torture, and the requirements set out in article 4. Furthermore,
in SPT ’ s view, the conditions that give rise to ill treatment frequently facilitate torture; therefore the measures
required to prevent torture must be applied also to prevent ill-treatment.
3. Corporal punishment
26.In the initial talks with the Minister for Justice, Attorney General and the Minister for Home Affairs the delegation was informed
that flogging remains an applicable sentence for certain offences. The authorities noted, however, that this punishment was intended to
inflict humiliation rather than physical pain. The delegation understood that even children may be subject to flogging; for the offences
for which flogging is prescribed, they must assume criminal responsibility once they reach puberty.
27.Deliberate infliction of pain as a form of control or punishment is both inhuman and degrading. The SPT shares the views
expressed by the Human Rights Committee (HRC) in its general comment No. 20 on prohibition of torture and cruel treatment or
punishment, according to which the prohibition of torture enshrined in article 7 International Covenant on Civil and Political Rights
(ICCPR)should be extended to corporal punishment. The Special Rapporteur on Torture also has taken the view that corporal
punishment is inconsistent with the prohibition of torture and other cruel, inhuman or degrading treatment or punishment enshrined in
the international human rights instruments. As regards the practice of flogging, the SPT emphasizes that the HRC has considered
flogging as cruel and inhuman punishment prohibited by article 7 of ICCPR, and the Committee against Torture has taken the view
that flogging is not in conformity with the Convention against Torture.
28.Furthermore, the SPT is concerned about the fact that section 44 of the draft Penal Code would legalize corporal punishment of
children at schools and institutions. The SPT shares the opinion of the Committee on the Rights of the Child which, in its latest
concluding observations on the Maldives, considered that the practice of flogging was contrary to article 37 (a) of the Convention on
the Rights of the Child. The SPT considers that the practice of flogging, whether inflicted upon a child or an adult and irrespective of
whether it is intended to inflict humiliation or physical pain, is unacceptable because of its inherent humiliating and degrading nature. It
should therefore not be an applicable sentence for any offences.
29. The SPT recommends that the Government of Maldives prohibit all types of corporal punishment, including flogging
irrespective of whether inflicted with the purpose to cause pain or humiliation, as a sentence for crime and for
disciplinary purposes.
4.Administration of juvenile justice and safeguardsfor children in conflict with the law
30.The main legal framework for the administration of Juvenile Justice includes the following legislation: the Penal Code; the Law on
the Protection of the Rights of the Children (Law No. 9/91); Rules on Interrogation Adjudication and Sentencing relating to juveniles
(amended in 2004); the Family Act (Law No. 4/2000); and the Regulation on Conducting Trials, Investigations and Sentencing fairly
for Offences Committed by Minors. The SPT understands that the Government is in the process of reforming the administration of
juvenile justice, including plans to draft a Juvenile Justice Act.
31.There is only one Juvenile Court, in Malé, and for that reason children need to come to the capital for a number of specified cases.
However, some cases involving children in conflict with the law can be dealt with by the Island Courts.
32.The SPT recalls, that in line with article 37 (b) of the Convention on the Rights of the Child, all deprivation of liberty of a child,
including arrest, detention and imprisonment, should be used only as a measure of last resort and for the shortest appropriate period
of time, so that the child’s right to development is fully respected and ensured. Specific safeguards for children deprived of their
liberty and the possibility to avail themselves of those safeguards are discussed in more detail in the chapter V sections A and C
below.
33. The SPT recommends that the authorities of the Maldives ensure that, in all decisions taken within the context of the
administration of juvenile justice and in all plans to review the relevant legislation, the best interests of the child are
given primary consideration. This includes the first contact with the police, the possible stay in police custody and in p
retr ial detention and the stay in a prison or other facility for children that they are not free to leave at will.
B.Institutional Framework - systems for complaints,monitoring and legal aid assistance
34.The delegation met with the representatives of the Human Rights Commission of the Maldives, the Jail Oversight Committee, the
Public Complaints Bureau, the Attorney General, and the Police Integrity Commission. The SPT was informed about the mandate
and the legal framework of the above-mentioned bodies and discussed the prevailing practices and possible challenges the
representatives of the above bodies had identified in their respective fields of work.
1. Human Rights Commission of the Maldives
35.The Human Rights Commission of the Maldives (HRCM) was established through a Decree of the President of the