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8. Reports of the NPM
in article 1, when such acts are committed by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official capacity.” The UN Convention does not define “other acts” that do not amount
to torture as defined in Article 1 but constitute ill-treatment. In the absence
of a definition, in performing the tasks of the National Preventive Mechanism, the term “other acts” compels me to act against any form of treatment which, albeit does not amount to torture, causes suffering to persons
deprived of their liberty.
The objective of the NPM’s visits is to persuade the authorities and institutions concerned to improve the system of functioning safeguards to prevent
all forms of ill-treatment.134 I do share the Subcommittee’s view that “the scope
of preventive work is large, encompassing any form of abuse of people deprived of
their liberty which, if unchecked, could grow into torture or other cruel, inhuman or
degrading treatment or punishment.”135
In my experience, not only withstanding treatment or conditions falling
under the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment but also enduring other improprieties related
to their fundamental rights may cause serious physical and psychological
ordeal. Since the protection of people deprived of their liberty and the
“full respect” for their human rights is a common responsibility shared
by all,136 in my reports published within the frameworks of performing
the tasks of the NPM, in addition to preventing torture and other cruel,
inhuman or degrading treatment or punishment, I also aim at identifying
and preventing other fundamental-rights-related improprieties and the
danger thereof.137
Upon identifying a fundamental-rights-related impropriety or the danger
thereof, in my argumentation, I referred, in particular, to the interpretation
of the law by the Constitutional Court, the ECHR, the CPT, the Committee
on the Rights of Persons with Disabilities,138 and other organs of the UN and
the Council of Europe.
In addition to the critical remarks concerning treatment or placement,
the visit’s findings as regards best practices identified during the visit are
recorded and assessed in this part of the report.139
134
135
136
137
138
139
See point 5 of the Report on the Visit of the Subcommittee on Prevention of Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment to the Maldives (February 26, 2009).
See the SPT’s first annual report, Clause 12.
See the Preamble of the OPCAT.
See Section 30, Subsection (1) of the Ombudsman Act.
See Article 34 of the United Nations Convention on the Rights of Persons with Disabilities,
promulgated by Act XCII of 2007.
See SPT: Analytical assessment tool for national preventive mechanisms, (CAT/OP/1/Rev.1)
Clause 30.
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