investigated 69 cases, out of which 57 included allegations of torture and/or ill-treatment, mainly of violence and beating at the time of investigation in order to force confessions, and also complaints about deprivation of sleep. According to the information given by the representatives of the Bureau, in none of the cases examined by the Bureau was torture proven. The SPT requests information on the manner in which the assessment of the veracity of the allegations was made, as well as copies of the records of the medical examinations carried out to assess the allegations, in the abovementioned 57 cases involving allegations of torture or ill-treatment. 4. Police Integrity Commission 49.The investigation of complaints against the Police will be vested in the not yet functioning Police Integrity Commission established in August 2006. The draft Police Act now before the Parliament provides that the Commission will be mandated to investigate complaints brought against police officers; to identify, ascertain and investigate the offences committed by police officers; to minimize corruption, excessive use of force and the commission of other offences by the police; and to reviewany disciplinary or administrative action brought against police officers. It will report directly to the Ministry of Home Affairs.50.The SPT has serious concerns about the potential conflict of interest in the Police Integrity Commission’s draft mandate. The SPT emphasizes that, if the Police Integrity Commission is to enjoy public confidence, it must both be, and be seen to be, independent and impartial. The SPT requests details of the legislative and operational provisions to ensure the independence of the Police Integrity Commission, and information on its investigative capacity as well as the staff and financial resources made available to it. The SPT also requests to be informed about when the Commission has started to work. Furthermore, the SPT requests to be informed of the outcome of the examination of the 35 unfinished cases transferred from the Public Complaints Bureau to the Commission. 5. Prosecutorial oversight 51.Article 220 of the new Constitution provides for establishment of the post of Prosecutor General of the Maldives. The Prosecutor General is functionally independent, but subject to the general policy directives of the Attorney General. 52.The Prosecutor General is also vested with the power to monitor and review the circumstances and conditions under which any person is arrested, detained or otherwise deprived of freedom prior to trial. Furthermore, he has the power to order any investigation that he deems desirable into complaints of criminal activity or into any other criminal activity of which he becomes aware. The SPT welcomes this new provision and requests information on any plans to carry out the monitoring work in practice. 6. Judicial oversight 53.Under article 115 of the Constitution in force at the time of the visit, the High Court of the Maldives had jurisdiction to hear all appeals from the Courts of the Maldives and hear other cases as determined by the President of the Republic. The old Constitution did not provide separation of the judiciary from the executive. 54.The new Constitution of the Maldives provides for independence of the judiciary. Under article 141, judicial power is vested in the Supreme Court, the High Court, and such trial courts as are established by law. It establishes the Supreme Court as the highest authority for the administration of justice in the Maldives and the Chief Justice as the highest authority on the Supreme Court. 55.Article 45 of the new Constitution prohibits arbitrary detention and arrest. The constitution further provides in article 58 that anyone whose constitutional rights or freedoms have been infringed or denied may apply to a court for remedy. 56.With respect to the role of the judiciary as guarantor of human rights of detainees, the delegation noted in its discussions with the authorities, police staff and detainees that, at the time of the visit, there was neither prosecutorial nor judicial oversight of the initial police custody of detainees. Under 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 (14 October 2003), the role of the judiciary started only after 22 days of custody. 57.The SPT notes that the new Constitution contains a provision both on judicial and prosecutorial oversight of custody. Article 48 (d) provides that a person arrested or detained should be brought within twenty four hours before a Judge, who has power to determine the validity of the detention, to release the person with or without conditions, or to order the continued detention of the accused. The SPT welcomes this new provision. 7. Provision for access to a lawyer and legal aid 58.Article 16 (2) of the Constitution in force at the time of the visit provided, that every person charged with an offence shall have the right to defend himself in accordance with the Sharija. To this effect such a person shall be allowed to obtain the assistance of a lawyer whenever such assistance is required. 59.Section 2 (a) of the 2004 Regulations on Seeking and obtaining Assistance of a Lawyer provides that, in any case being investigated on suspicion of an offence, the person being investigated shall be given the opportunity to seek the assistance of a lawyer. Section 2 (b) provides that a person suspected of having committed an offence shall be informed, at the time of his arrest, of this right. However, section 11 clearly stipulates that it shall be the responsibility of the accused to select the lawyer sought, pursuant to the accused requiring the assistance of a lawyer, and to pay the said lawyer. 60.At the time of the visit, there was no system of free legal aid assistance in place in Maldives. As a consequence, the delegation found that the vast majority of the detainees interviewed by the delegation could not benefit from legal advice due to lack of sufficient