A/HRC/46/26/Add.1
52.
There appears to be a shortage of qualified general health professionals to provide the
adequate assessment, documentation and interpretation of trauma and injuries. There is also
a general lack of basic health care, dental care and psychiatric support for detainees. The lack
of forensic medical training, infrastructure and support in the country renders the
investigation and documentation of torture and ill-treatment difficult and in many cases
impossible. Deaths in custody are poorly investigated and autopsies are not conducted in the
country.
53.
There are no health prevention programmes or medical awareness programmes for
specific prevalent conditions such as HIV/AIDS, tuberculosis or drug addiction (with the
exception of the specialized drug rehabilitation centre).
54.
From a medical perspective, the sleeping conditions, quality of food and ventilation
are inadequate in many places of detention, and inmates’ access to fresh air, physical work
and recreational activities is clearly insufficient and in some cases, the cause of illness.
55.
The Special Rapporteur also notes with serious concern that, despite existing
regulations, it was reported that medical staff do not conduct examinations thoroughly; that
they do not enquire about injuries or probe further for explanations. Many medical staff are
not familiar with the Manual on the Effective Investigation and Documentation of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) and, in
some places of detention, do not consider it their duty to enquire whether injuries observed
may be the result of torture or ill-treatment.
56.
The Special Rapporteur stresses the importance of transferring responsibility for the
health care of detainees and prisoners from the prison administration to the Ministry of Health
or the relevant provincial ministry of health, as the current supervisory chain in detention
centres may prevent health professionals from documenting and reporting torture or illtreatment in complete independence.
C.
Complaints mechanisms and accountability
57.
The Special Rapporteur notes with serious concern that, except for visits by the
National Preventive Mechanism and the Human Rights Commission, in no place of detention
is there a truly independent, effective and accessible complaints mechanism for persons
deprived of their liberty to send confidential complaints directly to an independent oversight
body. While in some institutions complaints forms are made available, most inmates are not
aware of their existence. When inmates submit written complaints to the Prison Director or
to the Commissioner of Prisons, the Human Rights Commission, the People’s Majlis or other
external oversight bodies, their correspondence is systematically censored by correctional
officers and either transmitted or held back at the officers’ discretion.
D.
Separation of remand detainees from convicts
58.
According to the Prisons and Parole Act, remand detainees should be held separately from
convicted prisoners. However, that is not the practice. The Special Rapporteur observed that
pretrial and remand prisoners were held in the same cells. The Malé custodial centre and the
Dhoonidhoo pretrial detention centre held juveniles in separate cells but in proximity and view of
cells that held adults.
E.
Material conditions
59.
In all the institutions visited, the Special Rapporteur assessed that the infrastructure
and the conditions of detention were incompatible with respect for human dignity and may
amount to cruel, inhuman or degrading treatment or punishment, or even torture.
60.
The Special Rapporteur regrets to report that the conditions of detention he observed
in the Malé custodial centre were extremely poor; no sleeping or seating facilities were
available in any cell. The prisoners slept on the bare floor and prison guards indicated that
mattresses were provided only upon prescription by a medical doctor. There was no yard
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