A/HRC/46/26/Add.1
section 23 (f) of the Anti-Torture Act to address the concerns expressed by the Committee
against Torture (CAT/C/MDV/CO/1, para. 19).
17.
The Special Rapporteur was pleased to learn during his visit that the Government has
adopted a national strategic action plan on reforms, which contains an ambitious programme
to introduce or amend 201 bills within the next five years with a view to ensuring their
compatibility with international human rights standards. Most notably, he commends the
recent adoption of the Juvenile Justice Act and the Child Rights Protection Act, which abolish
the death penalty for crimes committed by persons under the age of 18 years. He also
commends the development of legislation concerning judicial evidence and of national
minimum standards for all places where persons are deprived of their liberty, as well as for
the accommodation of both migrant workers and national employees.
C.
Monitoring bodies
18.
Formally, judicial safeguards provided by oversight bodies are in place, including
through the independent National Integrity Commission, the Human Rights Commission of
Maldives, the Judicial Services Commission, the National Preventive Mechanism and the
Commission on Investigation of Murders and Enforced Disappearances.
19.
The Special Rapporteur acknowledges and commends the significant efforts made by
successive Governments to hold accountable those responsible for past human rights abuses.
On 17 November 2018, pursuant to Presidential Decree No. 2018/13, the President
established the Commission on Investigation of Murders and Enforced Disappearances to
conduct transparent, impartial and thorough investigations into deaths that occurred under
suspicious circumstances and instances of unresolved disappearances. With the enactment in
June 2019 of the Presidential Commissions Act, the Commission on Investigation of Murders
and Enforced Disappearances was afforded statutory powers to conduct fully fledged
criminal investigations. It is currently conducting investigations into 27 specific cases that
took place between 1 January 2012 and 17 November 2018. The Special Rapporteur notes
that the process of truth, accountability and redress is not complete; many cases remain
unresolved and many perpetrators have yet to be brought to justice.
20.
The Human Rights Commission, established in December 2003, has included the
National Preventive Mechanism since 28 April 2008 as a separate department, pursuant to article
44 (c) of the Anti-Torture Act. The Commission has established its own internal anti-torture
section to fulfil its responsibilities pursuant to that Act.
21.
The Human Rights Commission is independent, according to article 189 of the
Constitution. However, in 2014 five members of the Commission faced suo motu proceedings by
the Supreme Court and were charged with treason for having submitted a document for the
universal periodic review of Maldives, which the Court considered unlawful. Since then, the
independence of the Commission has been limited by a set of guidelines which include using
government channels when communicating with international bodies and refraining from causing
damage to the country’s reputation. The Special Rapporteur welcomes the amendments to the
Human Rights Commission Act, ratified on 22 September 2020, recognizing the Commission’s
powers to communicate with international bodies. It is a positive step and he recommends that it
be interpreted broadly.
22.
The Government generally permits the Human Rights Commission to make regular and
unannounced prison visits, so long as a presidentially appointed commissioner is present during
the visit. The Human Rights Commission and the National Integrity Commission both reported
that, although they have the legal authority to enter detention facilities without prior approval, the
Maldives Correctional Service and the Maldives Police Service required a letter signed by a
commissioner of either Commission before allowing access.
23.
The Special Rapporteur notes with serious concern that, while those bodies have
received complaints, the processing of cases is slow and the implementation of their
recommendations inconsistent. The Special Rapporteur reminds the authorities that the
establishment and effective operation of those mechanisms is an international legal obligation
4