A/HRC/46/26/Add.1
F.
Death in custody
77.
The Special Rapporteur regrets that deaths in prison were often not properly
investigated, and no post-mortem examinations conducted. The law requires that the Human
Rights Commission of Maldives be informed immediately of any death in State custody and that
it inspect the body prior to burial. While the authorities implemented that provision, they often
moved the body to a second location, such as a hospital, before the Human Rights Commission
conducted the inspection. Reportedly, 19 cases of unexplained deaths in custody occurred
between 2013 and 2019, 6 of which were under investigation at the time of the visit. In August
2019, owing to a lack of sufficient evidence, the Prosecutor General’s Office declined the request
of the Human Rights Commission to file charges against the Maldives Correctional Service
officers found to have been negligent in providing medical care for a prisoner in Maafushi prison
who died in custody in 2017.
G.
Work, education and recreation
78.
A general issue of concern in almost all of the facilities visited is the excessive amount
of time that detainees are confined to their cells without any opportunity to work or engage
in educational, vocational training or recreational activities that would facilitate their
reintegration into society after their release.
79.
The Special Rapporteur would like to emphasize that opportunities to engage in work,
education and recreation are of critical importance not only for the mental, emotional and
physical well-being of inmates, but also for their successful reintegration after release.
VIII. Juveniles
80.
In Maldives, there is no correctional facility specifically designed for the incarceration
of juveniles in conflict with the law, as provided for in article 3 (e) of the Prisons and Parole
Act. Despite the existence of separate cells for children, juveniles remain exposed to
conditions of detention, discipline and treatment which are designed for adult inmates and
not adapted to their age. None of the institutions visited offered any educational, vocational,
cultural or recreational activity adequate for juveniles.
81.
The Special Rapporteur received several consistent allegations of physical abuse by
guards, including beatings and kicking with boots either in retribution for provocative
behaviour or during cell searches for drugs, mobile telephones and other prohibited items.
Overall, the Special Rapporteur observed a regime of confinement that appeared to be
unnecessarily securitized, if not oppressive, and poorly adapted to the specific needs of
juvenile inmates.
IX. Institutionalization of other persons in vulnerable situations
A.
Children
82.
In the Kudakudhinge Hiya childcare facility, the Special Rapporteur observed that,
while general access to mandatory education in the local public school was provided, children
lacked proper supervision, discipline and a structured daily routine. Most of the time,
adolescents are simply left to entertain themselves with video games and online
entertainment. They do not have any chores or tasks to help with maintaining order and the
cleanliness of the facility. Many of the older children complained of the inadequate
availability of appropriate level reading books. The Special Rapporteur received one
complaint that there were particular staff members who would discipline children by beating
them.
12
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