l) All the protesters who were taken into custody were given a written document
within 24 hours, as stated in the Constitution.
m) Addu City was in a state of fear and the Police were facing challenges in
providing for the needs of those taken into custody as the Courts and Police
Station were burnt down during the unrest.
48. With the ratification of the present Constitution in August 2008, article 54 and 57 clearly
prohibits any form of torture, or degrading treatment in any setting and obliges that
arrested detainees are treated humanely. Article 48 of the Constitution further protects the
rights of the person at the time of arrest. Two major issues that the NPM identified during
routine monitoring visits to places of detention are the detention of suspects in police
custodial for indefinite periods of time and inconsistent data management of inmates in
these places.
It has been found that there is an emerging issue relating to prolonged periods of detention
pending trial within the police custodial
a) A total of 70 convicts are being held in custodial for more than a year which also
includes 26 Somalis. Here it is crucial to note that according to article 48 (d) of
the Constitution, on arrest or detention, everyone has the right to be brought
before a Judge within twenty four hours to determine the validity of the
detention. Some of these cases are still in the process of investigation and some
have already been forwarded to Prosecutor General’s Office, and are pending
trial.
b) Although inmate’s data is being maintained, it is Important to highlight that
errors are found in the documentation of their personal identification
information.
49. After the establishment of NPM17 in 2008, so far it has carried out more than 45 visits to
places of detention where people are deprived of their liberty. Apart from prisons, these
also include police custodial facilities, juvenile detention centers and psychiatric facilities.
Chapter: Article 7 – Prohibition of Torture & Article 10 –Conditions of Detention
n) On February 8, 2012, the violent protests led to immense destruction and
damage to the Police stations and Police vehicles which were eventually burnt
down, destroying State property and personal property of the Police officers.
The severe destruction and damage caused to the Police Stations and courts
created huge challenges in providing services needed for the people in the city.
In addition, the rights of many people were violated and many court cases had to
be brought to a halt as all legal documents and information concerning the lives
of many people were destroyed in the fire.
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