reasons, benefit from the assistance of a private lawyer, and that from as early a stage of the deprivation of liberty as possible,
preferably from the outset.
B. NPM
279.The SPT requests information on the budgetary and human resources made available to the HRCM to effectively carry out its
functions as NPM, including a breakdown of the budgetary resources allocated for it to carry out the work as NPM.
280.The SPT appreciates that the State of the Maldives has initiated the process of establishing the national preventive mechanism
and calls upon the State to continue with the process of consolidating and institutionalizing it. For these purposes, it reaffirms the
[following] guidelines addressed to the State in order to guarantee the optimum development of this mechanism, as well as directed at
the national mechanism so that a comprehensive and complementary plan may be put in place allowing the NPM to accomplish its
functions for the prevention of torture.
C. Police
281.The SPT recommends that the relevant authorities ensure the due application of this new procedure laid down in article 48 (d) of
the Constitution.
282.The SPT requests the authorities to provide a detailed description of the decision-making procedure regarding placement of a
person in police detention, continuation of the detention, and remand custody, reflecting the changes brought about by the
introduction of the new procedure laid down in article 48 (d) of the Constitution. This description should include, in particular,
information on the authorities deciding on custody and its continuation, time limits for these decisions and references to relevant laws
and/or regulations.
283.The SPT recommends that the initial police custody period be of shortest possible duration and that thereafter remand custody
should occur in facilities under the responsibility of the Department of Penitentiary and Rehabilitation Services (DPRS) and not the
police. The SPT also recommends that the relevant authorities ensure that no pressure is exerted over the persons held in detention
for investigative or any other purposes.
284.The SPT requests the Government to provide information on any new developments in this respect [the separation of the
custodial and investigation functions of the police].
285.The SPT recommends that the Maldivian authorities review the system of release on bail so the authority that is responsible for
investigating the crime does not also decide upon bail. The SPT requests information on whether the new procedure laid down in
article 48 (d) of the new Constitution will bring any changes to the procedure regarding pretrial remand in custody and bail and, if so,
asks to receive information on those changes.
286.In order to make the release on bail a real possibility in practice, the SPT recommends that the amount of the surety should be in
line with the financial means of the detainee concerned. The SPT requests information on number of requests be released on bail
submitted in 2007 and first half of 2008, and the number of persons granted bail.
287.The SPT requests information on whether the Regulation Governing the Application to a Judge for the Arrest or Detention of
Persons Suspected of Committing an Offence for a Further Period than Approved by the Committee will be amended or repealed
due to entry into force of the new Constitution. In the absence of a maximum time limit for detention, the SPT recommends that the
decision to continue the detention should be reviewed by the court at regular intervals.
288.The SPT recommends that detainees should not only be present in the court hearing regarding detention and its continuation, but
that the court should afford them an opportunity to speak and to report any ill-treatment. It should always be open to the court to
make a referral for medical examination if there are reasons to believe that ill-treatment may have occurred, and to take steps to
ensure that any allegations of ill-treatment are promptly investigated by a competent body.
289.The SPT recommends that the relevant authorities take the necessary steps to ensure the scrupulous application of the new
constitutional provision enshrined in article 52. The SPT requests information on the status of the Rules of Criminal Procedure and
whether they include the prohibition of the use of torture or ill-treatment in police investigations. The SPT also recommends that
police training in investigative methods emphasise the need to proceed from the evidence to the suspect rather than the reverse. The
SPT also recommends that before persons deprived of liberty sign a statement to the police, they should be given a copy of the
statement and have it read out or have the opportunity to read it.
290.The SPT recommends that the relevant legislation be amended to reflect the new Constitution and to spell out, in detail, all the
rights of persons deprived of liberty, as well as the right of such persons to be notified of their rights as from the moment of
deprivation of liberty and the concomitant obligation of law enforcement officers to ensure such notification and to assist in the
exercise of all such rights as from the very outset of deprivation of liberty.
291.The SPT also recommends that a standard notice listing all the rights of persons deprived of liberty should be produced in the
languages spoken by detained persons and posted in places of deprivation of liberty where they can be read easily by persons in
custody. In addition, the same information should be contained in the form to be signed by each person in custody, and the detainee
should be given a copy of that form.
292.The SPT recommends that the relevant authorities ensure that the right to notify a family member or other relevant person of the
deprivation of liberty within 24 hours is effectively implemented also in practice. The SPT further recommends that detainees should
be systematically informed about this right and asked to sign a standard form on rights, indicating the person they wish to notify.
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