A/HRC/25/60/Add.2
perpetrators, to provide compensation for the victim and ensure the future non-repetition of
such acts.
Maldives
(a)
JAL 26/02/2013 Case No. MDV 1/2013 State reply: None to date Allegations concerning
legal provisions that allow sentencing of sexually abused minors on charges of fornication.
95.
The Special Rapporteur regrets that the Government of the Republic of the Maldives
has not responded to this communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council. The communication referred to alleged legal
provisions in the Maldives that allow sexually abused minors to be charged with provisions
and punished under penalties such as flogging. This discourages reporting of rape and child
sex abuse and perpetuates the negative social stigma of revealing past experiences of sexual
abuse. In this context, the Special Rapporteur reminds the Government of the Republic of
the Maldives of paragraph 7 (a) of resolution 8/8 of the Human Rights Council which
reminded Governments that corporal punishment, including of children, can amount to
cruel, inhuman or degrading punishment or even to torture. The Special Rapporteur would
also like to reiterate that any form of corporal punishment is contrary to the prohibition of
torture and other cruel, inhuman or degrading treatment or punishment as stipulated in the
annual report of the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment to the 60th session of the General Assembly. The Special
Rapporteur also notes that States cannot invoke provisions of domestic law to justify
violations of their human rights obligations under international law, including the
prohibition of corporal punishment and calls upon States to abolish all forms of judicial and
administrative corporal punishment without delay (para.28 A/60/316). Both the Human
Rights Committee and the Committee against Torture have called for the abolition of
judicial corporal punishment. In paragraph 5 of General Comment No. 20 (1992), the
Human Rights Committee stated that the prohibition of torture and ill-treatment must
extend to corporal punishment, including excessive chastisement ordered as punishment for
a crime or as an educative or disciplinary measure. The Special Rapporteur calls on the
Government to undertake a prompt and independent investigation into the alleged use of
laws that incriminate victims of sexual abuse, effectively silencing reports of rape and other
sexual perpetrations, which does not allow for adequate judicial redress for victims of
sexual abuse.
Malta
(a)
JAL 12/08/2013 Case No. MLT 1/2013 State reply: 14/10/2013 Alleged denial of entry to
migrants stranded off the coast of Malta.
96.
The Special Rapporteur thanks the Government of Malta for its reply, dated 14
October 2013, to this communication in reference to the alleged denial of entry to migrants
stranded in a boat off the coast of Malta. According to allegations, the Maltese military
refused to allow a tanker to disembark on Maltese territory after it had rescued 102
migrants at sea, including four pregnant women, one injured woman and a five month-old
baby. The Maltese military provided medical assistance, water and food to the stranded
migrants, but such assistance was not adequate, according to the allegations. The Maltese
Government alleges that the tanker was originally ordered by Italian maritime authorities to
disembark at Libya, the nearest port of call, and was duly notified by Maltese authorities
that it would be denied entrance to Malta’s territorial waters. Malta also alleges that it
provided adequate medical aid, water and other provisions, but that it was not at any time
legally responsible for the rescued persons. The Special Rapporteur expresses concern at
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