A/HRC/46/26/Add.1
consider the detainee’s previous criminal record, the status of the investigation, the type of
offence and whether the detainee poses a threat if released.
31.
The Special Rapporteur received consistent reports suggesting serious deficiencies in
the implementation of the right to legal counsel. In particular, numerous defendants
prosecuted for serious crimes and unable to afford a private defence lawyer were reportedly
tried and sentenced without legal assistance from a State-appointed defence counsel.
32.
The Special Rapporteur notes with concern that not all persons deprived of their
liberty in Maldives, regardless of their status or personal situation, are allowed a telephone
call to inform their family of their arrest. Inmates held in Dhoonidhoo pretrial detention
centre complained about having the right to make only one telephone call after their arrest,
and later not being given any possibility to contact their lawyers. In Maafushi prison, foreign
detainees reported being completely cut off from the outside world, as they were not allowed
to make any international telephone calls. Some were in detention for up to two years with
life sentences. The Special Rapporteur received further complaints from persons held in
migration-related detention who had no access to legal counsel or any other due process
procedure prior to receiving deportation orders and during detention. Persons deprived of
their liberty in Maldives are generally entitled to one family visit of one to two hours and two
telephone calls of seven minutes each per month. Even convicts prepared to bear the costs
themselves are not allowed additional telephone calls. Given the relatively small size of the
prison population in Maldives, it is difficult to see any justification for such restrictions.
33.
The Special Rapporteur notes with concern that there is also a generally inconsistent
practice with regard to the provision of medical assessments upon arrest and a lack of forensic
capacity independent of law enforcement authorities.
34.
Despite the provisions of the Criminal Procedure Act aimed at avoiding or minimizing
delays in court proceedings, officials, lawyers and civil society representatives alike reported
routine overincarceration of non-violent pretrial detainees. They also referred to the excessive
duration of investigative processes and judicial proceedings, which often resulted in pretrial
detention ranging from several months to years, without significant action on the part of the
authorities. In several cases, suspects were in remand for periods exceeding the maximum
prison sentence of the alleged offence. As at September 2019, the Maldives Correctional
Service reported that there were almost 400 pretrial detainees, 70 per cent of whom had not
had a court hearing for seven months. In October 2019, the Attorney General, Ibrahim
Riffath, amended the Prosecution Directives to mitigate the backlog by requiring the
Prosecutor General to review the pretrial detention decisions made by judges every 30 days.
The courts would then dismiss orders of detention issued based on insufficient grounds.
35.
One of the challenges observed is the insufficient qualifications of judicial magistrates
responsible for the first instance adjudication of cases, and a perceived lack of awareness and
understanding of international due process and human rights standards among the judiciary.
The Special Rapporteur commends the ongoing reform of the judiciary, the establishment of
two district courts, the revision of the Prosecution Directives and the establishment of the
Bar Council.
IV. Torture, ill-treatment and excessive use of force by the police
36.
In meetings with the judicial, legislative and executive branches of government, all
officials emphasized their unequivocal commitment to the absolute and non-derogable
prohibition of torture and ill-treatment. However, the Special Rapporteur received allegations
of torture and ill-treatment attributed to law enforcement officials.
37.
For example, in an incident that took place on 4 July 2019, seven police officers were
suspended after a video showing officers beating a man during a raid went viral on the
Internet. In September 2019, the Maldives Police Service began consultations with the
Prosecutor General’s Office potentially to file criminal charges against the officers, but no
formal charges had been initiated by the end of that year. Furthermore, on 22 June 2019, the
Minister for Home Affairs, Imran Abdullah, acknowledged to local media that excessive
force had been used by prison guards during a confrontation between Maldives Correctional
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