1. Arbitrary arrests, and risk of torture at the time of arrest remained as issues of concern. 1, 2, 3 Moreover, persons in custody for less than 24 hours were not properly documented. 4 Detention in unannounced facilities were reported.5 Similarly, list of places of detention excluded remand units6 and unoccupied detention facilities.7 Remand detainees were often kept in cells within units of convicts.8 Periods of pre-trial detention were often lengthy, and detainees were held in custody without judicial review for prolonged periods of time.9 2. Prerequisite regulation that gives CGI power to detain people before deportation remain unestablished by MOHA.10 Migrant workers who violated immigration laws are detained in HDC 11 until their deportation arrangements are settled.12 Significantly, they were denied rights at the time of arrest,13 thus making their detention arbitrary.14, 15, 16 Consistently, treatment afforded to migrant detainees at HDC was poor and discriminatory.17 Recommendations: Take effective measures to avoid incidents of arbitrary arrest, administrative detention and afford compensation to victims of arbitrary arrest.18 Establish a specialized remand facility. Sanction adequate time to review the cases of undocumented migrant workers.19 Enact and endorse the regulation stipulated in Article 142(c) of Prison and Parole Act (14/2013). Reduce pre-trial detention and review existing practices of law enforcement to find alternatives to pre-trial detention.20 Torture 3. Strip search was conducted without a reasonable cause at the time of arrest, and during imprisonment. 21 While solitary confinement is prohibited, 22disciplinary segregation up to 30 days is permitted. 23 Hence, solitary confinement was practiced in the form of disciplinary segregation in Maafushi Prison. 24 Complaints about medical aid to detainees include inadequate access to medical services and specialists, 25 and unavailability of controlled drugs to prisoners on psychiatric medication. 26 Meanwhile, issue of weak documentation of health screening and treatment persisted.27 Regrettably, custodial and prison deaths remain a grave concern. 28 Poor ventilation leading to extreme heat within cells was observed in all detention facilities, accompanied by inadequate natural lighting in some facilities. 29 Moreover, most detention facilities are overcrowded and understaffed.30 While some detainees were deprived the opportunity to exercise outdoors, some were hand cuffed during exercise. 31,32 4. Although torture is recognised as a separate criminal offence, 33 LEOs who commit acts of torture were subjected to disciplinary proceedings34 and documentation of such cases were non-complaint with ATA.35 Complaints mechanism established in detention facilities remains ineffective.36 An average of 46 cases of torture were investigated annually by HRCM. 37 A total of 5 torture cases were submitted to PGO for prosecution, out of which, one case is in trial stage and remaining 4 cases were rejected due to insufficient evidence.38 Lack of an independent forensic institution is a challenge faced in investigation of torture. 39 Recommendations: Ensure HRCM is informed of all disciplinary proceedings undertaken by law enforcement agencies in cases involving acts of torture, to prevent a culture of impunity. Strengthen the regulatory framework governing administration of strip searches. Ensure that an effective and accessible complaints mechanism is established in places where persons are deprived of liberty.40 Establish a regulatory framework to ensure access to healthcare is guaranteed to all persons deprived of their liberty.41 Allocate sufficient resources to improve the conditions of detention and ensure implementation of the Nelson Mandela Rules. Establish an independent forensic institution. Access to Justice 5. International bodies,42, 43 general public,44 government officials, magistrates, attorneys,45 politicians, as well as the President 46 raised concerns regarding the integrity, independence, accountability and accessibility of the judicial system. The public trust has been persistently diminishing with the perception that corruption is ubiquitous within the system.47, 48 Most court cases are often excessively delayed.49 Criminal court has a backlog of 1,910 cases and some cases have been pending for over 10 years.50 6. While the Maldives' Constitution provides for judicial independence and a system for the accountability of judges, the Supreme Court interfered with the functioning of the system. 51, 52, 53, 54, 55, 56, A JSC report stated Supreme Court obstructed powers of other institutions including HRCM,57 JSC58 and the Parliament.59 In 2018, Supreme Court declared that JSC has neither power nor jurisdiction to schedule or investigate complaints related to Justices of the Supreme Court,60 overriding Article 159 of the Constitution that empowers JSC to appoint, investigate complaints against and give recommendations for the dismissal of judges.61 The Order led to a declaration of SoE62 and arrest of two Supreme Court Justices63 and Judicial Administrator. The remaining three judges annulled parts of the original bench order the next day. 64 7. The legal system was misused for political crack down 65 and to silence criticism of the government. 66 Influence67 and intimidation by the Executive and serious irregularities in judicial procedures 68 were observed.69,70 Supreme Court violated Constitution and law numerous times.71 Judges were accused of corruption, accepting bribes, obstruction of justice 72 and misconduct.73 Parliament has voted the dismissal of a Supreme Court Justice who was accused of such crimes.74 Judges were accused of allowing gangs to abuse justice system through witness and evidence tampering. 75 LEOs were accused of involvement in the cover-up of murder,76,77 planting evidence,78 obstruction of justice,79 and convicted of witness and evidence tempering.80 8. PCIMED accused former VP Ahmed Adeeb Abdul Ghafoor of obstruction of justice by intervening to release two suspects of Ahmed Rilwan Abdullah (Rilwan)’s disappearance case.81 9. Contrary to UN expert belief82 the 11-point guideline imposed to HRCM by SC after the suo moto proceeding does not affect its functioning.83 The Parliament passed a resolution against this suo moto case on 17 June 2019.84 10. In May 2019, Judiciary announced a five-year judicial reform roadmap.85 2

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