Republic of Maldives on 10 December 2003. The new Human Rights Commission Act of August 2005, as amended in August 2006, provides that the Commission shall be an independent legal entity having the power to litigate in its own name and the capacity to conduct transactions in its own name. However, it remained unclear to the delegation whether or not this Act has entered into force. 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. 36.The Government of the Maldives notified the designation of the Human Rights Commission of the Maldives as the National Preventive Mechanism (NPM) in a statement issued on Human Rights Day on 10 December 2007, by the President of the Republic of Maldives. 37.The Commission consists of seven members appointed by the President in accordance with the council of the People’s Majlis. The members hold office for a period of five years, which is extendable for another term of five years. At the time of the visit, the Commission was assisted by 13 staff members. The Commission submits an annual report to the President of the Republic and to the People’s Majlis. 38.The mandate of the Commission is enshrined in section 19 of the Act, under which the work of the Commission covers the following three major areas: investigation of allegations of human rights violations; creation of human rights awareness among the people; and advising relevant agencies of the government in relation to redress of grievances of human rights violations and awareness generation. 39.Under section 20 of the Act, to fulfil its mandate enshrined in section 19, the Commission inquiries into complaints of human rights violations; advises the government on ratification of international human rights treaties and on formulation of laws; identifies inadequacies in existing laws in relation to human rights; and undertakes research in human rights. Furthermore, the commission is mandated to visit places where persons are incarcerated or detained under a judicial pronouncement or lawful order; monitor and inquire into their welfare and make recommendations to relevant government agencies as to their treatment. 40.In a meeting with the HRCM, the delegation was informed that the Commission receives approximately 300 complaints annually and that it had recently carried out a visit to Maafushi prison. The members of the Commission noted that they have not encountered any problems in accessing places of deprivation of liberty and indicated that they had not heard of any reprisals against detainees after their visits. However, it was emphasized that the HRCM sees awareness raising as its main activity. Furthermore, the delegation was informed that the investigative capacity of the Commission is limited to one complaints officer and three trainees. 41.The exact scope of the visiting mandate of the HRCM remained unclear to the delegation. As noted above, the relevant section of the above-mentioned Act limits the visiting mandate to places where persons are detained under a judicial pronouncement or lawful order. This seems to exclude the possibility to visit, for example, police stations, institutions for persons in need, psychiatric institutions and military establishments. Furthermore, in the meeting with the HRCM, the delegation was informed that the Committee does not visit psychiatric or military establishments. Thus its mandate seems not to allow the Committee to visit all places where person are or may be deprived of their liberty as enshrined in article 4 of OPCAT. 42.However, in the meeting with the HRCM, the delegation was informed that it had recently visited one establishment operating under the Ministry of Education and Social Security. Furthermore, according to the Annual Report 2005 of the HRCM, it had visited the Education and Training Centre for Children and three police facilities. 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. 43.The current mandate of the HRCM is discussed greater in detail in Chapter II in light of the requirements set out for the NPM in OPCAT. 2. Jail Oversight Committee 44.The Jail Oversight Committee was established in April 2004. Members of the Committee are appointed by the President and include lawyers, judges and parliamentarians. It is functionally independent of the Ministry of Home Affairs and the Police, and reports directly to the President and to the Ministry of Home Affairs. 45.The Committee was at first entrusted with the inspection of the Maafushi prison only, but its mandate has recently been extended to cover the Dhoonidhoo detention centre. The Committee has the power to inspect these establishments without prior notice to the Department of Penitentiaries and Rehabilitation Services (DPRS). 46.According to information received by the delegation, this body is not functioning at the moment. Furthermore, from discussions with the prison administration and interviews with the detainees, the delegation learned that both authorities and detainees were critical about the need to have such a body. 47. 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. 3. Public Complaints Bureau 48.The Public Complaints Bureau was established in June 2004 and was initially given a mandate to investigate cases of torture. The Bureau’s investigative activity ended in May 2006. Concluded cases were submitted to the President and the 35 unfinished cases were passed to the Police Integrity Commission. When carrying out its original mandate, it had