A/HRC/46/26/Add.1
Annex
Report of the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment, Nils Melzer,
on his visit to Maldives
I. Introduction
1.
At the invitation of the Government, the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment, Nils Melzer, conducted a visit to Maldives
from 17 to 24 November 2019, with his team.
2.
The Special Rapporteur is grateful to the Government for inviting him to visit the
country and for its excellent cooperation before and after the visit. He appreciated the efforts
made by the Ministry of Foreign Affairs to facilitate and organize official meetings. The
Special Rapporteur looks forward to continuing the constructive dialogue with the
Government on the issues highlighted in the present report.
3.
The Special Rapporteur had the opportunity to exchange views with officials of the
Ministries of Foreign Affairs; Gender, Family and Social Services; Economic Development;
Defence; Tourism; and Home Affairs. He also met with the Prosecutor General, the Attorney
General, the Commissioner of Police, the Commissioner of Prisons, the Deputy Controller
of Immigration, the Director General of the Labour Relations Authority, the Speaker of the
People’s Majlis (the parliament), several Supreme Court justices, and members of the
National Integrity Commission, the Judicial Service Commission, the Commission on
Investigation of Murders and Enforced Disappearances, the Human Rights Commission and
the Bar Council.
4.
He is indebted to the numerous other stakeholders who shared their experiences and
perspectives with him, in particular representatives of non-governmental organizations and
the diplomatic community in Malé, human rights defenders, individuals formerly or currently
deprived of their liberty, and survivors of torture and ill-treatment. He is grateful to the staff
of the United Nations Resident Coordinator Office in Maldives for their invaluable support
and cooperation throughout his visit.
5.
The Special Rapporteur and his team visited the islands of Malé, Himmafushi,
Maafushi, Hulhumalé, Villimalé, Guraidhoo, Dhoonidhoo and Rasdhoo. Throughout the
visit, they enjoyed unrestricted freedom of movement and access to 10 facilities of
deprivation of liberty, where they had meaningful meetings with representatives of the
management, security and medical staff, and were able to confidentially interview male,
female and juvenile inmates and residents of their choosing, in full compliance with the terms
of reference of the mandate.
II. Legal, institutional and policy framework
A.
Ratification of relevant international instruments
6.
Maldives is a party the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (acceded on 20 April 2004), the Optional Protocol to
the Convention against Torture (ratified on 15 February 2006), the International Covenant on
Civil and Political Rights (acceded on 19 September 2006), the Convention on the Rights of
the Child (ratified on 11 February 1991) and the Convention on the Elimination of All Forms
of Discrimination against Women (acceded on 1 July 1993).
7.
The Special Rapporteur notes with satisfaction that the international legal obligations
undertaken by the Government are directly applicable in domestic courts.
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