CAT/C/MDV/CO/1
result in the perpetrator’s imprisonment, and that out of the 275 cases of alleged torture
reported to the Human Rights Commission of the Maldives since the enactment of the AntiTorture Act, only 14 cases are presently under investigation. It is seriously concerned that
the low number of complaints and cases investigated is due in part to the reluctance to
cooperate of the authorities, in particular the police, with the Human Rights Commission of
the Maldives and with the National Integrity Commission (arts. 1, 2, 4 and 16).
10.
The State party should promptly, impartially and effectively investigate all
complaints of torture and ill-treatment. To this end, it should:
(a)
Ensure effective cooperation between police investigators and bodies
charged with receiving complaints of torture, particularly the Human Rights
Commission of the Maldives and the National Integrity Commission, for example by
establishing an independent mechanism to assist in the investigation of allegations of
torture and ill-treatment so that there is no hierarchical connection between the
investigators and the alleged perpetrators;
(b)
Ensure that all persons under investigation for having committed acts of
torture or ill-treatment are immediately suspended from their duties and remain so
throughout the investigation, while ensuring that the principle of presumption of
innocence is observed;
(c)
Ensure that the Human Rights Commission of the Maldives and the
National Integrity Commission are able to benefit from independent forensic analysis
and are not compelled to rely on the police to provide it, for example by establishing
an independent forensic institution in the country;
(d)
Take measures to strengthen the effectiveness of prosecutors and the
Office of the Prosecutor General in ensuring accountability for torture and illtreatment;
(e)
Review the composition and mandate of the National Integrity
Commission in order to ensure its independence;
(f)
Provide information on the number of investigations of allegations of
torture and ill-treatment undertaken by the authorities, and the outcome of all
investigations, to the Committee in the State party’s next report.
Reform of the judiciary
11.
The Committee welcomes the statement by the delegation of the State party that
rebuilding a judiciary “that is independent so that the rule of law will again prevail for all”
is one of the top priorities of the Government, noting the serious concerns that have been
raised about the quality and independence of judges in the country, as well as the
composition, functioning and reported politicization of the Judicial Service Commission
(arts. 1, 2 and 4).
12.
The State party should take effective measures to reform the judiciary and
guarantee its independence and impartiality, including reviewing the composition and
functioning of the Judicial Service Commission and ensuring that all judges have the
necessary legal qualifications. The State party should take measures aimed at
eliminating corruption in the judiciary and provide all judges with training on the
Convention and its requirements.
Legislation concerning minors in conflict with the law
13.
The Committee is concerned at information concerning children in conflict with the
law in the State party, such as penal legislation, according to which criminal responsibility
starts at 10 years of age. It is also concerned that under sharia law, children are considered
responsible from the age of 7, that minors can be sentenced to flogging even in cases when
they are the victims of crimes, such as rape, and for fornication. Furthermore, the
Committee is concerned at reports that juveniles are detained in conditions that are in
violation of the Convention (arts. 1, 2, 4 and 16).
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