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 6

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