Maafushi prison were sent to the so called disciplinary cell, where they were beaten up by male members of the special
forces unit and taken handcuffed to the yard were they were forced to kneel for long hours. The SPT recommends that
the authorities remind all prison personnel at all levels that all forms of ill-treatment of persons in their custody are
prohibited.
239.It is axiomatic that, if ill-treatment of prisoners is seen to go unpunished, the confidence of prisoners in the prison
system will be eroded and any individual staff members who might consider ill-treating prisoners will feel confident that
they can do so with impunity. In light of State ’ s obligations pursuant to articles 12 and 16 of the Convention against
Torture, the SPT recommends that prompt and impartial investigations should be undertaken whenever the authorities
receive credible information, from any source, that ill-treatment of persons deprived of their liberty may have occurred,
and this even in the absence of a formal complaint.
17. Complaints procedures and monitoring as a safeguard against ill-treatment
240.As noted in the Chapter IV above, the mandate to examine complaints from prisoners and to monitor prisons lay with the
HRCM. Furthermore, in discussions with the Director of the DPRS the delegation was informed that, in addition to the HRCM,
prisoners could lodge a complaint with the Head of the DPRS and to the Minister of Home Affairs and the Public Complaints
Bureau. However, the investigative activity of the Public Complaints Bureau ended in May 2006.
241.During the interviews, however, many prisoners expressed little trust in the existing complaints mechanisms. They alleged that the
investigations did not lead to any result and also feared possible reprisals for lodging a complaint.
242.The SPT considers that one of the basic safeguards against ill-treatment is the right of an imprisoned person or his counsel to
make a request or complaint regarding his treatment, in particular in case of torture or other cruel, inhuman or degrading treatment, to
the authorities responsible for the administration of the place of detention and to higher authorities and, when necessary, to
appropriate authorities vested with reviewing or remedial power.
243. The SPT recommends that the authorities ensure that there is an effective, confidential and independent complaints
and monitoring system in operation. Every request or complaint should be promptly dealt with and replied to without
undue delay. The SPT also requests a break-down of statistics on all cases of complaints against prison officers lodged in
2007 as well as information on any disciplinary or other proceedings and any sanctions taken against prison officers on
the basis of such complaints.
C. Youth rehabilitation centres
244.The delegation visited the Maafushi Training Centre for Children and the Children’s Home in Vilingili, and would like to
commend the respective Ministries for the visible efforts that have been made to provide adequate educational and recreational
activities and good material conditions for children held in those institutions. The places were clean, the records well-kept and the
atmosphere was agreeable.
1. Maafushi Educational Training Centre for Children
245.This Centre works under the responsibility of the Ministry of Education. It accommodated boys with problems with school or
who lack self-control or with behaviour problems. At the time of the visit, there were 34 boys aged between 10 and 18 years and 48
staff members working in shifts.
246.Children were accommodated in rooms measuring around 37m2, with six beds in each of the rooms, which were not locked at
night. Rooms were clean, workshops well designed and equipped, and there was plenty of space for recreational activities. Toilets
were in an acceptable state of repair and cleanliness. The establishment did not look like a place of deprivation of liberty. The
members of the delegation interviewed several boys and heard no complaints. The SPT recommends that these types of centres
should be used as a model also when establishing centres for children in conflict with the law.
247.Children were authorised to have one phone call per month to their parents, without a time limit on that call. Children
were also allowed to leave the establishment for holidays with their parents. The SPT recommends that a number of calls
be increased bearing in mind the age of the children placed in that Centre.
248.The SPT was informed by the Director that, as regards disciplinary punishment, the rules and regulations did not
include corporal punishment. If disciplinary measures were needed, children might be punished by the cancellation of
their favourite TV programme. Decisions on disciplinary measures were taken by the teachers. The SPT recommends
that all incidents and punishments and other disciplinary measures be systematically recorded in an incident book in a
manner allowing proper oversight of use of those measures.
2. Vilingili children’s home
249.This Centre was opened two years ago and is under the responsibility of the Ministry of Gender and Family. It accommodates
child victims of abuse, children whose parents were in prison and children who were abandoned in hospital at birth. At the time of the
SPT visit there were 38 children, 20 boys and 18 girls. Most of the children were between 2 and 12 years old, however, the
youngest two were under 7 months of age. Children could stay at the home until they finished primary school. Placement at the home
was decided by the Ministry, and the Ministry was also informed of the arrival of the child. Children attended school and counsellors
worked with children with problems. Children whose parents were in prison could meet them at the Ministry.
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