A/HRC/46/26/Add.1
E.
Intimidation and harassment of civil society
90.
A vibrant and proactive civil society fully exercising and enjoying all relevant rights
and liberties is one of the best guarantors of the effective implementation of human rights in
any context. Intimidation and harassment of human rights defenders, civil society
organizations, critics, dissidents, political opponents and defence lawyers have proven to be
conducive to serious human rights violations, including torture and other cruel, inhuman or
degrading treatment or punishment. It is therefore with alarm that the Special Rapporteur
takes note of the suspension of the Maldivian Democracy Network, one of the most well
established and influential civil society organizations working for the respect of human
rights, democracy and the rule of law in Maldives. According to information received, the
leaders of that organization have been subjected to serious threats of violence, including on
social media, which could have a chilling effect on the indispensable advocacy work
accomplished by human rights defenders throughout the country.
X. Domestic violence
91.
According to information received, domestic violence and sexual abuse of children
constitutes a major problem throughout Maldives. It is the Special Rapporteur’s considered
view that, from a substantive perspective, abuse occurring in the home or among family
members always amounts to cruel, inhuman or degrading treatment or punishment, and may
even amount to torture, thus triggering the State’s international legal obligation to prevent,
investigate and redress such abuse. Given the often complex and delicate environment within
which domestic violence occurs, the Special Rapporteur strongly welcomes the recent
establishment of community social groups on 181 islands, mandated to respond to and
intervene in situations involving domestic violence. However, most people the Special
Rapporteur asked during his visit were not aware of the existence, competence and work of
those groups.
XI. Conclusions
92.
The Special Rapporteur is pleased to report that he was able to conduct his visit
in full compliance with the terms of reference of his mandate. Throughout the visit, he
enjoyed excellent cooperation and support from all the authorities involved and from
the United Nations Resident Coordinator and the United Nations Development
Programme.
93.
In principle, Maldives is equipped with the necessary legal, structural and
procedural framework and a suitable political environment to achieve the full
eradication of torture and other cruel, inhuman or degrading treatment or punishment.
In the view of the Special Rapporteur, the biggest challenges faced by Maldives are
overincarceration, poor conditions of detention and impunity.
94.
The Special Rapporteur therefore strongly appeals to the Government to reduce
overincarceration by employing alternative measures to deprivation of liberty, which
will alleviate overcrowding in prisons and places of detention. In turn, with the
reduction of detainees, the current places of detention will become fit for purpose. The
most serious concerns regarding conditions of detention can also be easily rectified with
structural improvements and by providing basic necessities such as bedding, access to
telephone calls and frequent family visits, and institutionalizing complaints procedures,
as well as introducing educational and vocational programmes, which are already in
place in other institutions. There is also the need to reinforce a zero-tolerance policy for
any form of torture or ill-treatment, making unequivocally clear to State officials at all
levels that they are expected and, indeed, obliged to report and investigate all allegations
of torture and to bring perpetrators to justice.
95.
In line with his findings, and reiterating and building on the preliminary
observations made at the conclusion of his visit, the Special Rapporteur respectfully
submits the following, more detailed recommendations to the Government. His
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