instigation or encouragement of torture or ill-treatment or for consent or acquiescence therein, be fully investigated through competent, independent and impartial prosecutorial and judicial authorities. 306.The SPT recommends that, as a means of preventing cases of torture and ill-treatment, interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest or detention should be kept under systematic review.307.The SPT recommends that the authorities ensure that a parent or other guardian be present every time a child is questioned by the police and that children enjoy unrestricted access to a lawyer. The SPT further recommends that children should always be held separately from adult detainees, preferably in separate institutions; and that holding facilities for children should fulfil adequate hygiene standards and provide possibilities for outdoor exercise; and that staff working in these facilities should be provided with adequate training to work with underage detainees. 308.The SPT requests to be informed of the opening of a separate detention facility to accommodate children in conflict with the law. 309.The SPT underlines that a forensic medical examination must always have a clear legal basis, and that examination of minors should always be safeguarded by the presence of parents or other guardian, unless a minor clearly expresses the contrary. The medical report on such an examination should include the legal basis, all persons present in the examination and whether any force was used during the examination, and if so, its nature and the reason for using it. 310.The SPT considers that the practice of holding detainees handcuffed all day and night constitutes inhuman and degrading treatment. The SPT recommends that this practice should cease forthwith. Furthermore, the SPT is of the view that the yard is not a suitable place to accommodate detainees, in particular women. 311.The SPT recommends that every detainee held in the custodial facilities of police stations or in police detention centres should be provided with sleeping accommodation meeting all requirements for health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lightning, heating and ventilation, as well as a mattress to sleep on and access to sanitation, food and drinking water. Care should be taken to prevent water entering to cells during the rain, and insects and rodents entering the cells. Anyone held for more than twenty-four hours should be offered outdoor exercise every day. 312.The SPT recommends that untried detainees should be kept separated from convicted prisoners. 313.The SPT recommends that, since there are no staff members present in police facilities with the medical qualifications necessary to assess the health needs of persons deprived of liberty, requests for access to a doctor must be granted without delay and without prior filtering by police officers. 314.The SPT recommends that requests from detainees to see a doctor should not be filtered by non-medical staff. Police officers should have training and instructions in how to deal with medical emergencies, even without the existence of an explicit request from detainees for medical intervention. Prisoners in obvious need of medical attention, e.g. having fits, should be transferred for medical treatment without delay. 315.The SPT recommends that individual files should be opened for every detainee upon arrival at police detention centres and be updated systematically and comprehensively after every medical examination or intervention and that clear instructions are established for the doctors on how to document and to report possible cases of torture or ill-treatment. 316.The SPT recommends that immediate measures are taken to establish and maintain confidentiality in the keeping of medical documents and records. 317.The sparse availability of specialist resources underlines the need for some basic training of officers in the identification of serious mental conditions and clear guidelines for referring such detainees to a medical facility. 318.The SPT recommends that the authorities take steps to ensure that there are adequate safeguards in place to prevent torture and ill-treatment. Furthermore the SPT recommends that all allegations of ill-treatment be fully investigated through competent, independent and impartial authorities. D. Prisons 319.The SPT requests to be informed on the opening of this prison for children. Furthermore, the SPT requests detailed information on the facilities for boys and girls in the establishment. 320.The SPT requests information on whether, with the reform of the criminal justice system, the Governments has planned to introduce any changes in the policy relating to the inclusion of time spent on remand in sentence calculation. 321.The SPT notes this positive development [opening of a separate secure prison called “Women’s Jail”] and recommends that the authorities ensure that the whole of the premises allocated for women is entirely separate from those allocated for men. Furthermore, it is necessary to ensure an adequate level of female staffing in those premises day and night. 322.The SPT recommends a more frequent presence of a female doctor in the Maafushi prison to ensure access of female prisoners to a doctor when their health condition so requires. 323.The SPT recommends that the relevant authorities ensure that prisoners and detainees of foreign nationality are treated without discrimination and that all basic safeguards apply equally to this category of persons. 324.The SPT requests information on any steps taken to resolve the situation and to transfer the person concerned to his home country, as well as of any compensation awarded to him by the Maldivian authorities.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents