(e)Make recommendations to competent authorities with the objective of improving the treatment and conditions of persons deprived
of liberty and preventing torture and other cruel, inhuman or degrading treatment, taking into account the relevant norms of the United
Nations, as well as the recommendations made on visits and in reports by the SPT;
(f)Define a strategy and make proposals and observations regarding legislation in force or in draft, including the establishment in law
of the national preventive mechanism;
(g)Insist upon its access to all information on the number of persons deprived of liberty in places of detention;
(h)Maintain contact with the SPT, as well as facilitating sharing of all types of information in order to follow up compliance with
recommendations made by the SPT;
(i)Ensure confidentiality of the information gathered and maintain it under confidentiality as appropriate;
(j)Publish and disseminate annual reports;
(k)Ensure training and updating of its specialized staff in procedures and good practice in order to apply a rigorous and consistent
methodology in carrying out visits to places of detention, including methods of interviewing and gathering and systematic collection
and analysis of the information and data relating to the prevention of torture.
III. Situation of persons deprived of their liberty
A. In police facilities
1. Initial police custody period
73.Article 15 1 (b) of the Constitution in force at the time of the visit provided that “No person shall be arrested or detained except
as provided by law. No person shall be detained for a period exceeding twenty-four hours without being informed of the grounds of
arrest or detention.” The new Constitution contains a similar provision.
74.According to the legislation in force at the time of the visit, a suspect could be held in detention for seven days by a decision of the
police. Thereafter, under the Regulation Governing the Arrest or Detention of Persons Suspected of Committing an Offence for a
Period of More than Seven Days, a three-member committee composed of government officials appointed by the President could
approve a 15-day extension.
75.As noted in the Chapter I section B 6 above, the SPT understands that the new Constitution brought some changes to
the above-described situation. The article 48 (d) of the new Constitution provides that a person arrested or detained shall
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 recommends that the
relevant authorities ensure the due application of this new procedure laid down in article 48 (d) of the Constitution.
76. 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.
77.The SPT is concerned about the fact that persons may not only be deprived of their liberty by the sole decision of the police for a
period of seven days, but that they are also held in facilities which are under the responsibility of the police. For the prevention of illtreatment police investigations and custody should be separated both institutionally as functionally. The exercise by the police of both
investigative and custodial functions may lead to the increased risk that police investigators try to exert strong influence over the
persons held in custody or even to resort to ill-treatment for investigative purposes.
78. 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.
79.In a note verbale of 22 June 2008 the authorities gave assurances that the Government of Maldives is already
working to strengthen the separation of the custodial and investigation functions of the police. Further, it was noted that
the recommendation that the custody of remand prisoners become the responsibility of DPRS is being considered
seriously. The SPT requests the Government to provide information on any new developments in this respect.
2. Pretrial custody and the bail process
80.Under section 5 of the Bail Regulations 2004, the person arrested can submit a request to be released on bail. A person in the
investigative stage shall submit the request to the authority that arrested him and a person in the judicial stage shall submit the request
to the court undertaking the matter or to the Judicial Committee, if it falls on a day when the Committee has its sessions. The offences
for which bail is allowed are laid down in Schedule 1 of the Regulation.
81.Under sections 6 and 7 (a) of the afore mentioned regulations, a person arrested on suspicion of a crime shall have the conditions
of his bail decided and communicated to him in writing within 36 hours of his arrest. If it has been decided that the application for bail