During these monitoring visits, NPM has identified varying issues that could lead to torture,
cruel or inhuman treatment in the detention facilities.
50. Following is a brief overview of issues identified by NPM with regard to torture which were
shared with the relevant state authorities.
a) The legal framework to prohibit torture and other inhuman treatment as
required in the Constitution is currently lacking in the system. The recently
drafted Bill on Anti‐Torture which criminalizes all forms of torture is pending at
the Parliament for endorsement since 2010.
c) Furthermore, there is a strong need for legislative and regulatory safeguards
against torture which includes reviewing and adopting interrogation rules,
instructions, methods and practices as well as arrangements for the custody and
treatment of persons subjected to any form of arrest. Similarly, the juvenile
residential detention centers and particularly the facility for special needs,
geriatrics and psychiatric patients, need to do extensive work to strengthen their
procedural guidelines and regulations in order to strengthen the protective
measures that safeguard the rights and dignity of individuals residing under State
care in the institutions. Police Integrity Commission (PIC) with HRCM and other
relevant stakeholders worked on a minimum standard for police stations and
custodial and this is still at draft stage. HRCM has provided comments for this
draft.
d) In general, the prisons and custodial do not have a formal categorization system
with regard to crimes committed. However, some of the police stations have
recently categorized the detainees. Likewise, the penitentiary services have also
recently attempted to categorize prisoners according to their conduct, whereby
prisoners’ progress from high security to low security based on good conduct.
However, this type of categorization is neither accurately reflective in practice,
nor is it in line with what is prescribed in the Standard Minimum Rules for the
Treatment of Prisoners. According to authorities, categorization is impossible due
to limited space and overcrowding.
e) At present, there is no juvenile detention centre. As a result, the minors between
ages of 16 to 18 who get arrested are detained in separate cells located within
Chapter: Article 7 – Prohibition of Torture & Article 10 –Conditions of Detention
b) There are no formal minimum standards established regarding treatment of
detainees. Children under State care are placed in Kudakudhinge Hiyaa
(children’s home), and this institution follows the Minimum Standards for
Children’s Homes.
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