Right to life
1. In recent years, gang violence and murders have increased at an alarming level (ANNEX 2). A study shows that
many of these gang related violence are linked to politicians or business persons who pay gangs to carry out
violent acts1. Yet, state has been unsuccessful in effectively addressing this issue. So far 21 murder cases were
recorded since 2010, most of which were gang related.
Take immediate action to eliminate gang related violence. Develop long‐term plans to ensure the security of
persons.
Human Trafficking
2. Children are involved in commercial sex work.2 Many children migrate to Male’ from atolls for education,
remain vulnerable to domestic servitude and sexual harassment by host families.
3. There are countless reports of exploitation of migrant workers through fraudulent recruitment practices by
their agents, withholding of wages and confiscation of passports.3 Shelters to accommodate trafficking victims
and support services are not operational. Lack of resources and capacity appear to be a challenge faced by
authorities in establishment of institutional mechanisms and to implement the Anti‐Human Trafficking Act.
Thus efforts to facilitate redress to victims remain disproportionate to a deteriorating situation.
Take concerted efforts to implement Anti‐Human Trafficking Act
Torture
4. People are very much concerned about law enforcement officials conducting acts of torture.4 A total of 304
torture allegations have been lodged at HRCM of which 74 allegations have been investigated from 2010 to
July 2014. However, none of these cases were sent to prosecution due to lack of enough evidence to prove
them in a court of law.
5. The most pressing issues observed in prisons are the lack of categorization, unavailability of rehabilitation and
reintegration programs, unnecessary strip‐search and disproportionate disciplinary measures towards male
prisoners and minors. In custodials, issue of overcrowding, handcuffing for indefinite periods, extended
detention for investigation purposes and failure to collate data in a systematic way are areas suggested for
improvement over the years. In the only psychiatric institution of State, despite continuous recommendations
for change, geriatric patients and patients enduring mental illnesses and PWD are accommodated without
proper categorization. Institution for children under State care is heavily under‐staffed. Inappropriate
disciplinary measures against children under de facto detention persist in most institutions sheltering juveniles.
Establish mechanisms and procedures protecting the psychological and physical wellbeing of children under
state care and those deprived of their liberty.
Access to justice
6. Enforcement of Penal Code is a positive development towards a better legislative framework. However, due to
shortfalls in judicial system, functioning of the judiciary is often questionable on various grounds including
independence, transparency, interference, influence, competency, consistency, and accessibility.5 State
responded to UN Special Rapporteur on the Independence of Judges and Lawyers as trying to undermine the
country’s court system.6 ICJ has issued a number of recommendations to build competency of judiciary with no
progressive action by the state.
7. According to TM, majority of public lack confidence in the court system.7 8 Majority of cases, both criminal and
civil, often get delayed for more than a year, and is prosecuted in capital which forces plaintiffs and defendants
from atolls to travel to and stay in capital, which is costly.
8. Judicial system is controlled and influenced by the Supreme Court weakening judicial powers vested in other
superior and lower courts. Supreme Court issued a circular ordering all state institutions not to communicate
4
Human Rights Commission of the Maldives – UPR submission 2014