CAT/C/MDV/CO/1
(d)
Hire additional duly trained prison staff, including medical doctors,
psychiatrists, psychologists and nurses, ensure prompt referrals for specialist health
care outside detention facilities and disclose documents regarding the medical wellbeing of persons deprived of their liberty to both them and their families;
(e)
Prevent prisoners from contracting infectious diseases during their
imprisonment by introducing health screening of inmates upon admission to places of
detention, separating healthy prisoners from those suffering from contagious diseases
and providing adequate treatment to infected persons and to persons with
psychosocial disabilities, including an individual mental health regime.
Monitoring places of deprivation of liberty
37.
While noting that members of parliamentary committees and the Human Rights
Commission of the Maldives, acting as the national preventive mechanism, have the right to
visit places of detention, the Committee is concerned that the State party has not established
a national system to independently monitor and inspect all places where persons are
deprived of their liberty and are detained for interrogation or pretrial detention, places of
detention during the trial and places for the implementation of sentences, such as police
stations and custodial facilities, remand detention centres, prisons and juvenile detention
and psychiatric facilities, and receive complaints confidentially. Furthermore, the
Committee is concerned at the absence of visits by national and international civil society
organizations (arts. 2, 11, 12, 13 and 16).
38.
The State party should:
(a)
Provide additional financial resources to the National Human Rights
Commission of the Maldives in order to enable it to carry out more visits and better
fulfil its functions as the national preventive mechanism, including the function of
conducting unannounced visits to all places of deprivation of liberty and meeting in
private with persons confined there, and make public the reports of the Commission
to the authorities;
(b)
Ensure that all persons, including those in detention, have access to a
complaints mechanism through which they can transmit confidential allegations of
torture or ill-treatment that cannot be accessed by administrators of the place of
deprivation of liberty in which they are held;
(c)
Grant access for independent organizations, including national and
international civil society organizations, to all facilities where persons are deprived of
their liberty.
Inadmissibility of statements made as a result of torture
39.
The Committee is concerned at reports of widespread practice of torture and illtreatment of persons deprived of their liberty with a view to extracting confessions. The
Committee is also concerned that confessions allegedly resulting from the torture of
suspects have been accepted as evidence in judicial proceedings (arts. 2, 15 and 16).
40.
The State party should:
(a)
Ensure, in law and in practice, that any statement resulting from torture
or cruel, inhuman or degrading treatment is not invoked as evidence in court, except
against the persons who carried out those acts;
(b)
Ensure that courts dismiss in practice all cases in which evidence has
been obtained as a result of coerced confessions, investigate and prosecute all such
allegations of torture and ill-treatment, and provide redress to victims;
(c)
Inform the Committee in its next report about all cases that were
dismissed in court because evidence was obtained as a result of coerced confessions.
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