d) As there is no specific detention centre in Hulhumeedhu, the protesters taken to
Police custody were kept in the sitting area of the Police station; handcuffed all
the while except for when they went to the toilet.
e) It was noted that those in Police custody who were taken to Hithadhoo Regional
Hospital for treatment were not referred to a doctor or given medical treatment.
In addition to this, the people arrested claimed that they were taken to the burnt
up sites and Police rubbed ash on their body and the investigation team did find
traces of ash on their bodies.
f) Police had violated, Article 48, 54, and 57 of the Constitution, Article 5 of UDHR,
Article 2 (b) of CAT, Article 7 and 10 of ICCPR, and Article 7a (11) of the Police
Act. Those under Police custody were threatened with torture and retribution
while rude and vulgar language was also used in a disgraceful manner as they
were arrested in front of their family members.
h) Even though, the Police reported that they had records of the belongings of
those kept in custody, none of those in custody received a receipt for their
belongings that were kept with the Police.
i)
In Gan Police Station, there were not enough pillows and mats for the people
held in custody.
j) Police violated Article 48 (a) which states that when a person is being taken into
custody the reason for doing so must be explained and a written document
should be given to the arrestee within 24 hours, however, those who were taken
into arrest on 8th February were not informed of the reason of their arrest.
Article 48 (b) which states that when a person is being taken into custody they
must be informed about their right to have a lawyer, most of those taken into
custody were not informed of this right. While Article 48 (d) states that a person
who is a suspect of a crime must be brought before a judge within 24 hours,
some of those in custody that day were brought before a judge after 30 minutes
passed the 24 hour limit. These actions also violated Article 57, 246 (a) of the
Constitution.
k) The ‘Detention Extension Form’ given to those in custody had a scanned stamp
and the Police explain that it was because all documents and stationery were
destroyed in the fire.
Chapter: Article 7 – Prohibition of Torture & Article 10 –Conditions of Detention
g) It was noted that those in custody who personally requested for medical
assistance from a doctor, and others who were in custody (including the person
who had an injury to his genitals) were not given timely medical assistance.
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