CAT/C/MDV/CO/1
Maldives and provide advice, as well as a pledge to make a declaration accepting article 22
of the Convention and the individual complaint procedure provided therein;
(h)
Commitment by the new Government, in its opening statement to the
Committee, to rebuild a judiciary “that is independent so that the rule of law will again
prevail for all”, and the proposal, under the 100-day action plan of the newly elected
President, to introduce a juvenile justice bill in the parliament within the first 60 days of his
administration.
C.
Principal subjects of concern and recommendations
Transitional justice and accountability for torture and ill-treatment
7.
The Committee welcomes the prompt establishment by the new Government of
several transitional justice commissions and structures, including the Commission on
Murders and Disappearances charged with investigating cases between 1 January 2012 and
17 November 2018 that have not been properly investigated, as well as a commission on
releasing political detainees and a presidential commission on corruption and asset recovery.
The Committee notes the information provided by the delegation that the mandate of the
Commission on Murders and Disappearances does not include other acts of torture and illtreatment but that the Government has established a transitional justice committee/working
group and the President has pledged to establish another body to investigate other human
rights violations, including torture, committed during the period from 1 January 2012 to 17
November 2018. The Committee is concerned by information it has received regarding
many reports of torture, including sexual violence, and excessive use of force by police and
security forces, particularly following the coup in February 2012. However, the Committee
also reiterates its concern about the limited temporal jurisdiction of the commissions
envisaged, noting that it has also received information concerning many allegations of
torture and ill-treatment dating back to before 2012, which have not been effectively
investigated (arts. 2, 4, 12, 14, 15 and 16).
8.
The Committee recommends that the State party:
(a)
Promptly create an impartial and effective transitional justice
mechanism mandated to investigate allegations of torture and cruel, inhuman and
degrading treatment or punishment committed in the past, including prior to 2012,
and provide information on that mechanism, including its mandate and details
concerning its investigative capacity and how it will be expected to ensure the
prosecution of perpetrators of torture and ill-treatment, in the State party’s next
report to the Committee;
(b)
Ensure that the new Commission on Murders and Disappearances is
provided with adequate personnel and technical support to effectively investigate
cases reported to it and that information is regularly published on its progress. The
Committee encourages the Commission to ensure accountability for perpetrators of
cases including the disappearance in 2014 of journalist Ahmed Rilwan;
(c)
Make public the reports of previous inquiries concerning acts amounting
to violations of the Convention, including the full report of a commission established
to investigate the mistreatment and killing of prisoners in Maafushi jail on 20
September 2003;
(d)
Ensure that all victims of torture and ill-treatment perpetrated in the
past, including family members of deceased victims, obtain adequate redress including
compensation, and inform the Committee about the measures taken.
Impunity for torture
9.
The Committee appreciates the commitment expressed by the new Government to
eliminate the gap between the State party’s legislation prohibiting torture and its application
in practice. The Committee reiterates its concern that there has so far been only one proven
case of torture or ill-treatment by an officer of the Maldives Police Service, which did not
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