13. Children deprived of their liberty 134.During the visit, the SPT interviewed children deprived of their liberty held at the Ha. Dhidhdoo Police Station and at the Dhoonidhoo Detention Centre. 135.The SPT emphasises that the children in conflict with the law should benefit not only from the same safeguards as adult detainees, but also from specific safeguards intended to ensure that children are treated in a manner which reflects their specific needs. In this respect, the SPT refers in particular to the general comment No. 10 of the Committee on the Rights of the Child on Children’s rights in juvenile justice. 136. In light of the above, and further to the recommendations made elsewhere in the report, 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. 137.By a note verbale of 22 June 2008 the authorities acknowledged the generally poor conditions for juveniles held in the Dhoonidhoo Detention centre and gave assurances to the SPT that plans were underway, with the assistance of the Ministry of Gender and Family, to construct a separate facility for juveniles which would fulfil acceptable standards for juveniles. The SPT requests to be informed of the opening of a separate detention facility to accommodate children in conflict with the law. 138.The delegation got access to a “Medico Legal Report” concerning a 15 year old Maldivian girl who, in 2007, was brought by the police to a local hospital for a gynaecological examination “since the police wanted to confirm if she had had sexual relations”. It appears implicitly from the medical document that the examination was done without the girl’s consent, and the report did not contain any remark as to whether her parents had been informed and called to be present during the examination. Furthermore, the legal basis for the examination was totally unclear: it did not appear from the report that she had claimed to be victim of a crime, nor was there any information to the effect that she was suspected of having committed an offence. 139. In the light of the above, 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. 14. Material conditions in police facilities 140.Malé Custodial (Atholhuvedi detention centre): The custody facility consisted of six big dormitories and a small yard which was also used to accommodate detainees. The total capacity of the facility was reported to be 120 persons. At the time of the visit 137 persons were held in the facility; fourjuveniles were held together with adult detainees in one of the cells. 141.Cells of 16.4 sq. mt. were holding 20 persons, resulting in less than one square meters of space for one person. This is inacceptable. The number of detainees held in the facility was so high that even the small yard was used to accommodate a significant number of detainees in cramped conditions. Almost all were handcuffed and some to their chairs. These detainees did not have access to shelter from the rain, and the delegation also heard a number of complaints that they had difficulties with access to toilets. The delegation interviewed also two women who said that they had been held for several days in the yard, handcuffed to the chairs and surrounded by male detainees, before being moved to another detention centre. 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. 142.Except for cell No. 5, the cells were equipped with integral toilets and showers. The detainees held in cell No. 5 alleged problems with access to the toilets. One of the cells had no access to natural daylight and weak ventilation. The only water tap was in the room in which detainees were tested for drug abuse. Consequently, almost all detainees alleged problems with access to drinking water. Facilities for hygiene in general and for hand washing in particular were poor, particularly considering that food for all detainees in the cell was served on a common dish and that they had to eat with their hands. There was reportedly no opportunity to have a shower or take care of personal hygiene. 143.Dhoonidhoo Detention Centre comprised of five cell blocks. At the time of the visit, approximately 187 detainees were held in the facility, including female detainees and children in conflict with the law. 144.Block A was separated from the rest of the complex by a high wall. It comprised of 10 small cells, measuring 4.4 m2 each (some of them damaged and unused). The cells were intended for single occupancy but two cells held two persons each. Each cell had an additional annex with a seat toilet. The front of the cells were made of bars, allowing insects and rodents to enter in the cells. The cells were equipped with a shelf, a table and a chair and a bed (platform). The cells had sufficient access to natural light and were reasonably well ventilated. However, there was no artificial light in the cells, so at night they were allegedly completely dark. Block B was also separated form the rest of the facility by a wall, and had 10 cells. The cells measured 7.05 m2 and were equipped with integral toilets. The cells were intended for double occupancy, and were equipped with a shelf, table, chairs and a sleeping platform. It appeared that the second detainee had to sleep on the ground as the sleeping platform was only for one person. The detainees interviewed by the delegation complained that it was very hot in the cells and, when it rained, water ran into the cell.