263.The SPT acknowledges the receipt of the note verbale dated 22 June where the Government of the Maldives thanked the SPT for the copy of the preliminary observations and provided it with updated information on some of the issues raised. The SPT has considered these replies and included clarifications on a number of issues in this report. The SPT would also like to thank the Permanent Mission of the Republic of Maldives to the United Nations Office at Geneva for providing it with the English translation of the new Constitution. 264. The SPT requests the Maldivian authorities to provide within six months a full written response to this visit report and in particular to the conclusions, recommendations and requests for further information contained therein. This six months period allows time for at least some of the steps planned or in the process of implementation to be realized in practice and for the programme of longer term action to be initiated. 265.The SPT looks forward to continuing cooperation with the Maldivian authorities in the shared commitment to improving the safeguards for prevention of all forms of ill-treatment of people deprived of liberty. V.SUMMARY OF RECOMMENDATIONS AND REQUESTS FOR INFORMATION A. Legal and institutional framework 266.The SPT recommends that the Maldives, in order to ensure the best possible protection against ill-treatment, continue to review and strengthen its efforts to ensure that all domestic laws as well as administrative regulations conform to the provisions and principles of the international human rights instruments and standards. When incorporating international legal obligations, authorities should have regard to the language of the international legal instruments. 267.The SPT requests to be kept informed on the process of adoption of these new Bills [new Penal Code, Sentencing Bill, Criminal Procedure Code, Bill of Evidence, Police Bill, National Security Bill, Detention Procedures Bill and Parole Bill] and their entry into force. It also requests a copy of the adopted versions of the above-mentioned Bills. 268.In line with the general comment No. 2 of the Committee against Torture, the SPT recommends that the Maldives make the offence of torture punishable as an offence under its criminal law as well as provide for appropriate redress for the victims of torture and/or ill treatment. The wording of such a provision should contain, at a minimum, the elements of torture as defined in article 1 of the Convention against Torture, and the requirements set out in article 4. Furthermore, in SPT’s view, the conditions that give rise to ill-treatment frequently facilitate torture; therefore the measures required to prevent torture must be applied also to prevent illtreatment. 269.The SPT recommends that the Government of Maldives prohibit all types of corporal punishment, including flogging irrespective of whether inflicted with the purpose to cause pain or humiliation, as a sentence for crime and for disciplinary purposes. 270.The SPT recommends that the authorities of the Maldives ensure that, in all decisions taken within the context of the administration of juvenile justice and in all plans to review the relevant legislation, the best interests of the child are given primary consideration. This includes the first contact with the police, the possible stay in police custody and in pretrial detention and the stay in a prison or other facility for children that they are not free to leave at will. 271.The SPT requests the authorities to clarify whether the Human Rights Commission Act has entered into force, and if not, to provide information on the planned time-table for its entry into force. 272.The SPT request the authorities to provide information on the exact scope of the visiting mandate of the HRCM and specify whether it covers also police holding facilities. The SPT also requests information on the number of visits carried out in the course of the year 2008 and planned for the year 2009, the establishments visited, and possible proposals made by the Commission to amend existing laws or regulations regarding safeguards against ill-treatment. 273.The SPT invites the authorities to review the mandate and the terms of reference of the Jail Oversight Committee with a view of establishing it as an independent complaints and monitoring body for prisons. 274.The SPT requests information on the manner in which the assessment of the veracity of the allegations was made [by the Public Complaints Bureau], 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. 275.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. 276.The SPT welcomes this new provision [Article 220 of the new Constitution providing for establishment of the post of Prosecutor General of the Maldives] and requests information on any plans to carry out the monitoring work in practice. 277.The SPT welcomes the new constitutional provision on legal aid assistance. The SPT requests information on any possible legislative changes this new constitutional provision will bring, the definition of a “serious offence”, and the time a person may be held in custody before being formally accused of an offence. In addition, the SPT requests information on the plans and time frame to establish this system, including necessary structures, to ensure its effective functioning also in practice, and a copy of any new legislation once adopted. 278.The SPT recommends extension of the system to cover all persons deprived of liberty who cannot, due to financial or other