Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and the Anti-Torture Act prohibit such practices, but there were reports of torture and cruel, inhuman, or degrading treatment or punishment. The law permits flogging and other forms of corporal punishment, and security officials employed such practices.
According to the Human Rights Commission of Maldives’s (HRCM) fifth annual antitorture report, released during the year, the MPS was accused in 37 of the 54 cases of torture submitted to the commission between July 2017 and June. The Maldives Correctional Service (MCS) was accused in 13 cases. The HRCM closed investigations in 50 of the cases, finding no evidence of torture. One alleged case of torture the HRCM submitted for prosecution in November 2016 remained on trial as of September. NIC reported investigating another case in which police officers had pepper sprayed two detainees in the groin. There were also several allegations of police brutality from journalists and opposition protesters arrested during antigovernment protests. In February independent media outlet Raajje TV said police arrested and kicked one of its reporters unconscious while he was covering an antigovernment rally.
Government regulation permits flogging as a form of punishment. The Department of Judicial Administration reported flogging nine men and six women as of June, with two flogged for consuming alcohol. According to a 2014 Supreme Court guideline, the court must delay the execution of a flogging sentence of minors until they reach the age of 18.
Prison and Detention Center Conditions
Prisons were overcrowded in some cases and lacking adequate sanitary conditions and medical care, but they generally met most international standards.
Physical Conditions: According to the Prisons and Parole Act, pretrial detainees should be held separately from convicted prisoners, but this was not always done. MCS oversaw the operation of four prison facilities: Asseyri Prison, Hulhumale Prison, Maafushi Prison, and Male Prison. The MCS also operated the MCS Ahuluveri Marukazu and the Male Ahuluveri Marukazu rehabilitation centers for inmates scheduled for parole, while the MPS operated Dhoonidhoo pretrial Detention Center and Male Custodial Center. Detainees reported overcrowding and inadequate hygiene and sanitation standards in prisons and pretrial detention facilities. Authorities held undocumented migrant workers awaiting deportation or legalization in a facility that also housed convicts. Although the law requires the Ministry of Home Affairs to designate a separate facility to hold remanded detainees on trial, the MCS continued to hold them in Maafushi Prison, which also holds convicted prisoners.
There were 13 cases of unexplained deaths in custody from August 2016 to August 2018. NIC was investigating six of these deaths but had not concluded investigations as of September. The HRCM independently investigated 11 cases of custodial deaths and concluded four of the cases were natural deaths. The HRCM had not concluded investigations in the seven remaining cases as of August. Civil society sources reported that although the MCS had declared a number of the deaths resulted from heart attack or stroke, most of the detainees did not have a history of heart disease, and the MCS failed to determine the cause of the strokes. All of the inmates who died in custody had reportedly requested medical attention in the days or weeks leading up to their deaths. The law requires the HRCM be informed immediately in the case of any deaths in state custody and be allowed to inspect the body prior to burial. Authorities implemented this provision; however, in most cases they moved the body to a second location, such as a hospital, before the HRCM was able to inspect the bodies.
The HRCM reported conditions varied across detention facilities. In most of the facilities overseen by the MCS and MPS, detainees were not allowed to leave their cells except for visitation. In Male Prison and the maximum-security unit of Maafushi Prison, detainees had reportedly not been allowed outside to exercise for more than a year. The HRCM reported poor ventilation and lack of electricity in cells at Dhoonidhoo Custodial Center. Local NGO Maldives Democracy Network (MDN) reported authorities denied detainees held in Dhoonidhoo access to medical care and potable drinking water, especially those arrested during the SoE imposed in February. Authorities held some prisoners in solitary confinement at Maafushi Prison in specialized cells without ventilation or electricity. Although inmates were generally not held in solitary for extended periods of time, prisoners regardless of length of time in solitary were not provided mattresses, pillows, or mosquito repellent. Most prisoners were held in cells open to the elements, allowing mosquitoes to enter their cells. Sources reported Hussain Humam Ahmed, a 24-year-old man convicted in the 2012 murder of a parliamentarian, has been in solitary confinement since 2012.
As of July the MCS received 299 complaints from detainees regarding inadequate access to medical care. In its fifth annual antitorture report, the HRCM reiterated reports from previous years that specialist doctors were not permitted to examine some inmates who claimed to have been tortured. Nurses were stationed for 24 hours at two of the five detention facilities overseen by the MCS, while no facilities had a doctor on call 24 hours a day. Local hospitals did not set aside quotas for detainees seeking medical attention, leading to difficulties in getting appointments for detainees to seek specialist care in a timely manner. Some high-profile convicts reported being denied permission to travel abroad for necessary medical treatment. The government denied former vice president Ahmed Adeeb’s request to travel abroad to undergo cancer screenings and treatment for conditions that included internal cysts, kidney stones, and glaucoma, deciding instead to treat his conditions locally and releasing him to house arrest. During the year President Yameen repeatedly said Adeeb would be granted medical leave once he repaid money he allegedly embezzled from the state.
Some political prisoners in Maafushi Prison faced significantly different conditions from those of the general prison population. High-profile prisoners were usually placed in a dedicated unit with larger cells and better ventilation, and some were also allowed out of their cells during the day. Reportedly at the request of the Home Ministry, some political prisoners were held in the same unit with the same poor conditions as the maximum-security prisoners.
Administration: According to the HRCM’s fifth antitorture report, detention facilities overseen by the MCS and MPS did not have enough CCTV cameras or maintain CCTV coverage for an adequate length of time, posing challenges in the investigation of allegations of mistreatment or torture. The HRCM also noted the MPS did not maintain records of detainees they held for less than 24 hours, leading to difficulties in verifying torture complaints or the identities of responsible police officers. During the February SoE, authorities denied detainees regular access to lawyers or family members. A police procedure introduced in 2016 prohibiting meetings between detainees and legal counsel on Fridays and Saturdays remained in place.
Independent Monitoring: The government generally permitted regular and unannounced prison visits by the HRCM, so long as a presidentially appointed commissioner was present during the visit. The HRCM provided recommendations to the government addressing deficiencies. The HRCM conducted only three visits (to two police stations and one prison) as of July. The HRCM reported that, although it has the legal mandate to enter detention facilities without prior approval, the MCS and MPS required a letter signed by an HRCM commissioner before allowing access. Facilities required a commission member, appointed by the president, to accompany the visits. NIC had a legal mandate to visit detention facilities as part of investigations in progress, and it reported the MCS and MPS did not impose the same conditions on NIC investigative officers. The government generally permitted visits by the International Committee of the Red Cross/Red Crescent (ICRC) and other international assessment teams with prior approval. The ICRC reportedly conducted visits to all detention facilities overseen by the MCS during the year but had not produced any report on its findings as of September.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention and provide the right of any person to challenge the lawfulness of his or her arrest or detention in court; however, the government failed to enforce the law consistently, especially in cases against members of the political opposition and those who were arrested during the SoE.
ROLE OF THE POLICE AND SECURITY APPARATUS
The MPS is responsible for internal security, public safety, and law and order, and reports to the Ministry of Home Affairs. The Maldives National Defense Force (MNDF) is responsible for external security and disaster relief, but the MPS at times requested MNDF assistance in matters of internal security and law and order. The chief of the MNDF reports to the minister of defense and national security. The president is commander in chief of the MNDF.
Civilian authorities generally maintained control over the MPS and MNDF, and the government has mechanisms to investigate and punish abuse and corruption. NIC is the primary mechanism to investigate abuses by law enforcement agencies and employees, and it has the authority to forward any cases with criminal elements to the police for further investigation. Evidence indicated these authorities did not function independently. NIC reported it received 134 complaints of MPS human rights violations as of July 31, but it had completed investigations in only two of the cases. As of August, NIC had also only completed nine out of 61 complaints of MPS human rights violations received in 2017.
Human rights organizations reported the courts did not fairly adjudicate allegations of police brutality and, as a result, police enjoyed impunity.
There is no independent review mechanism to investigate abuses by military forces. Parliament and the judiciary, however, are able to initiate investigations on an ad hoc basis. The HRCM reported investigating two complaints of torture by military officers during the year. In some instances military forces interfered in civilian political activities. On several occasions in February, military officers repeatedly blocked parliamentarians’ access to parliament and physically removed them from the building.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The constitution states an arrest may not be made unless the arresting officer observes the offense, has reasonable evidence, or has a court-issued arrest warrant. The Criminal Procedure Act allows police to arrest a person if a police officer has reason to believe a person has committed, is committing, or is about to commit an offense or may attempt to destroy evidence of a major crime. The MPS generally complied with arrest procedures when making arrests. Authorities reported newer officers sometimes did not comply with arrest procedures, such as timely informing of the reasons for an arrest. The law provides for an arrestee to be verbally informed immediately of the reason for arrest and to have the reason confirmed in writing within 12 hours of arrest.
Prisoners have the right to a ruling on bail within 36 hours, but the courts did not implement bail procedures consistently, and several lawyers and activists reported judges were ignorant of bail procedures. The law also requires an arrestee be informed of the right to remain silent and that what the arrestee says may be used in a court of law. The law further provides that arrestees are to have access to a lawyer at the time of arrest. A lawyer may be court appointed in serious criminal cases if the accused cannot afford one. The law allows police to question a detainee in the absence of counsel if the detainee’s lawyer does not appear within 12 hours without adequate reasons for the delay. Police normally informed the arrestee’s family of the arrest within 24 hours. The law does not require that police inform the family of the grounds for the arrest unless the arrestee is younger than 18 years of age, in which case a parent or guardian must be informed within four hours.
The law provides for investigative detention. A person detained for investigation is allowed one telephone call prior to police questioning. Once a person is detained, the arresting officer must present evidence to a court within 24 hours to justify continued detention. Based on the evidence presented, the prosecutor general has the authority to determine whether charges may be filed. If law enforcement authorities are unable to present sufficient evidence within 24 hours, the prisoner is eligible for release. During the February SoE, the government suspended the Criminal Procedure Act, and police failed to present dozens of arrested opposition activists before a judge within 24 hours to justify continued detention. They were held in detention for days or weeks before being released and many had not been charged as of September. Judges have the authority to extend detention upon receiving an arresting officer’s petition but must cite factors such as the detainee’s previous criminal record, status of the investigation, type of offense in question, and whether the detainee poses a threat if released.
Arbitrary Arrest: The Criminal Procedure Act allows police to detain individuals for questioning for four hours, without the detention being classified as a formal arrest. Human rights organizations and defense lawyers reported police routinely abused this provision to detain protesters as an intimidation tactic. Dozens of opposition activists were arrested during the February SoE and held for four hours without questioning. Police reportedly held the suspects under investigative or administrative detention without formal arrest as a way to remove opposition supporters and journalists from the streets.
Pretrial Detention: Authorities held dozens of opposition activists arrested during the February SoE for weeks before releasing them without charges. Ibrahim Siyad Gasim, the son of Jumhooree Party leader Gasim Ibrahim, was arrested on suspicion of bribery in February and held in custody until July. The Criminal Court nullified the case against him on November 5, stating the prosecution had not submitted evidence proving Gasim paid bribes during preliminary hearings. The trial for opposition MP Faris Maumoon, who was arrested on suspicion of bribery in July 2017, began in January. Social media activist Ahmed Ashraf, who was arrested in Sri Lanka and returned to Maldives in 2015, has remained under house arrest since March 2017. He had been kept in a police custodial center from November 2015 until March 2017. Although Ashraf was first arrested on suspicion of “terrorism,” the police charged him for a separate offense of “threatening” a ruling party council member. His trial has been stalled without explanation since the last hearing held in March 2016. If convicted, Ashraf faces a maximum sentence of one-year’s imprisonment.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The constitution and the Criminal Procedure Act stipulate conditions under which a person can be arrested or detained and provides everyone the right to appeal and the right to compensation for unlawful arrest or detention. The High Court routinely hears appeals of arrest warrants or pretrial detention orders, but defense lawyers claimed High Court judges tended to seek justification for upholding such orders rather than questioning the grounds and merits of detention and delayed verdicts until the authorized pretrial detention orders expire. The appeal courts did not accept appeals of detentions authorized for the duration of a trial already in progress, based on a 2012 High Court decision that ruled trial judges have discretionary authority to authorize detention of suspects for the duration of pending trials as well as on a 2009 Supreme Court ruling that decisions made by judges using discretionary authority cannot be appealed.
Victims of unlawful or arbitrary arrest or detention can submit cases to the Civil Court to seek compensation, but they did not commonly exercise this right.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape against both men and women, as well as spousal rape and domestic violence including physical, sexual, verbal, psychological, and financial abuse. The law also extends protection to wives against being forcibly impregnated by their husbands against medical orders and includes an extensive list of other abuses for which protection is provided. The law allows courts to issue restraining orders in domestic violence cases and criminalizes any actions against these orders. A man may be convicted of rape in the absence of a confession only if there are two male witnesses or four female witnesses willing to testify. In the case of a child, the burden of proof is lower. Penalties range from four-months’ to 10-years’ imprisonment, depending on factors such as the age of the victim.
NGOs reported MPS officers were reluctant to make arrests in cases of violence against women within the family, believing such violence was justified. Reportedly, this made victims reluctant to file criminal cases against abusers. While the MPS received 71 cases of domestic violence as of July, the Ministry of Gender, Family, and Social Services, which provides psychosocial support for victims of domestic violence, received 204 cases during the same period.
The Ministry of Gender, Family, and Social Services received reports of rape, sexual offenses, and domestic violence and conducted social inquiry assessments of cases they submitted to the MPS. They also provided psychological support to victims during MPS investigations.
To streamline the process of reporting abuses against women and children, the Ministry of Gender, Family, and Social Services established family and children’s service centers on every atoll in 2016. Residential facilities were established in only four of the centers to provide emergency shelter assistance to domestic violence and other victims.
Female Genital Mutilation/Cutting (FGM/C): There were no data on the frequency of FGM/C, although religious leaders in 2014 called for the practice to be revived. Local NGOs reported the practice persisted, but societal stigma restricted public discussion of the issue.
Other Harmful Traditional Practices: A 2015 amendment to the penal code states only Maldivian Islamic law penalties may be imposed for hadd (robbery, fornication, homosexual acts, alcohol consumption, apostasy) and qisas (retaliation in kind) offenses. Penalties could include hand amputation for theft and stoning to death for adultery. No hadd penalties were enforced. Prior to the amendment, the penal code allowed for the implementation of milder penalties only in limited cases, including flogging for fornication and optional flogging for consuming alcohol and pork, not fasting during Ramadan, and for perjury.
Sexual Harassment: The law bans sexual harassment in the workplace, detention facilities, and any centers that provide public services, but the government did not enforce the law.
The MPS reported 16 cases of sexual harassment filed from January to July under the Sexual Harassment Act, none of which was forwarded for prosecution.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The law prohibits gender discrimination including in workplaces, educational institutions, and service providers, such as hospitals, but discrimination against women remained a problem. NGOs reported authorities more readily accused women than men of adultery, in part because visible pregnancies made the allegedly adulterous act more obvious, while men could deny the charges and escape punishment because of the difficulty of proving fornication or adultery under Islamic law. Women’s rights activists reported that women who initiated divorce proceedings faced undue delays in court as compared to men who initiated divorce proceedings. According to women’s rights activists, there were no policies in place to provide equal opportunities for women’s employment, despite provisions in the constitution and the law.
During the year the Ministry of Gender, Family, and Social Services finalized a Gender Equality Action Plan covering five main areas: leadership and governance, economic development, institutional gender mainstreaming, gender-based violence, and access to justice. The ministry also set up a national steering committee to oversee implementation and provided orientation training for committee members in August.
Birth Registration: Citizenship is derived through one’s parents. Under the law a child born of a citizen father or mother, regardless of the child’s place of birth, may derive citizenship. Lawyers reported several cases during the year in which the Family Court refused to register children in instances where one of the parents was a foreigner.
Education: Education is free, compulsory, and universal through secondary school. The Ministry of Gender, Family, and Social Services handled 49 cases of children being deprived of education as of August. The ministry said this included indefinite suspensions of students, schools’ refusal to enroll children, and parental refusal to send the children to school. NGOs and activists noted the effect of religious extremism on child rights was an emerging issue but lacked a baseline study determining its prevalence.
Child Abuse: The law stipulates sentences of up to 25 years in prison for those convicted of sexual offenses against children. If a person is legally married to a minor under Islamic law, however, none of the offenses specified in the legislation is considered criminal. The courts have the power to detain perpetrators, although most were released pending sentencing and allowed to return to the communities of their victims. The MPS investigates and the Ministry of Gender, Family, and Social Services is in charge of following up on reports of child abuse, including cases of sexual abuse. Half of the total cases received by the Ministry of Gender and Family as of July were cases of child abuse, the majority of them involving sexual abuse. Of the child abuse cases received by the MPS, 45 percent were also sexual abuse cases, with the MPS forwarding only 16 of these cases for prosecution as of July. Human rights activists reported the lack of effective coordination between authorities handling child abuse cases remained a problem. In 2015 the Ministry of Gender and Family first published the online child sex offenders’ registry that, as of September, listed 74 individuals and their photographs, full names, identification card numbers, addresses, dates of conviction, dates of imprisonment, dates of scheduled release, and whereabouts.
Early and Forced Marriage: According to a September 2016 amendment to the Family Regulation, the Family Court must petition the Supreme Court for approval for girls and boys under age 18 to marry. The Ministry of Gender and Family must also submit an assessment of the proposed marriage to the Supreme Court, and the marriage can proceed only after the Supreme Court grants the Family Court approval for the union. The Ministry of Gender had received requests to assess three proposals for 16-year-olds and three proposals for 17-year-olds to get married as of August. The ministry had not concluded their assessments as of September.
Sexual Exploitation of Children: The Child Sexual Abuse (Special Provisions) Act prohibits child prostitution and the use, procurement, or provision of a child (below age 18) for the production of pornography or for pornographic performance. The crime is punishable by imprisonment between 15 and 25 years. The act stipulates that a child between ages 13 and 18 involved in a sexual act is deemed not to have given consent, “unless otherwise proven.” The law also treats the prostitution of children by a third party as a form of human trafficking with exploitation under the Prevention of Human Trafficking Act with a 15-year maximum sentence. The law generally requires the acts of exploitation be predicated on movement and does not criminalize it in the absence of coercion. The penal code allows the Prosecutor General’s Office to lodge multiple charges against a perpetrator for a single offense. For sex trafficking, this means the office can file charges for human trafficking under the Prevention of Human Trafficking Act and for prostitution under the Child Sexual Abuse Act and aggregate the penalties so perpetrators serve longer sentences for a single offense. The MPS investigated five cases of child pornography, none of which was forwarded for prosecution as of July. The Ministry of Gender, Family, and Social Services reported one case of child prostitution as of August.
Institutionalized Children: Local NGO Advocating the Rights of Children (ARC) released a report in 2016 detailing abuses in government-run “safe homes.” ARC reported children routinely spent many months at these homes, although they were intended to be temporary stopovers for children being taken into state care. According to ARC, the safe homes were inadequately furnished and equipped, lacked basic essentials, and were often understaffed, resulting in inadequate care, protection, and education for institutionalized children.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
There were no Jewish residents in the country, and there were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution and law provide for the rights and freedom from most types of discrimination for persons with disabilities. Although the constitution provides for freedom from discrimination in access to employment for persons with disabilities, the Disabilities Act does not do so. The Disabilities Act provides for the protection of the rights of persons with disabilities as well as financial assistance. Since the establishment of the National Registry of People with Disabilities in 2011, 6,330 persons had been registered, as of September. The act mandates the state to provide a monthly financial benefit of not less than MVR 2,000 ($130) to each registered individual. NGOs reported the National Social Protection Agency (NSPA), which handles the National Registry, has strict conditions and a cumbersome screening process that prevent the majority of persons with disabilities from being registered. The NSPA requires an assessment from a medical center in Male City, which can cost up to $2,600 for some families living in the islands who have to travel and stay in Male City for lengthy periods while the assessment is completed. The NSPA has also published the requirements for inclusion in the National Registry and has rejected several applications. NGOs noted inclusion on the registry is a precondition to access several other benefits provided for persons with disabilities, including priority in accessing social housing schemes and special accommodations during voting.
Although no official studies have been concluded, NGOs which operate throughout the country estimated as much as 10 percent of the total population of persons with disabilities have been subjected to various forms of abuse and 40 to 60 percent of girls or women with disabilities, especially those who are visually impaired, are subject to sexual abuse. The families of these victims often do not report these cases to authorities, because the police investigation and judicial process is inaccessible to persons with disabilities.
Government services for persons with disabilities included special educational programs for those with sensory disabilities. Inadequate facilities and logistical challenges related to transporting persons with disabilities between islands and atolls made it difficult for persons with disabilities to participate in the workforce or consistently attend school. In 2017 a special, one-time government initiative provided jobs for 200 persons with disabilities. NGOs reported most of these employees had since been dismissed due to the offices being unable to provide for their special needs. They also reported two cases in which such employees were subject to sexual abuse from their superiors. The vast majority of public streets and buildings are not accessible for wheelchair users.
The government integrated students with disabilities into mainstream educational programs at primary and secondary level. Most large government schools also held special units catering to persons with disabilities who cannot be accommodated in the mainstream classes. Each school also has a disability ambassador, and all teachers receive special training. Nonetheless, children with disabilities had virtually no access to transition support to higher secondary education.
In July the EC announced the chief electoral official at voting stations would have to approve any individuals entering the voting booth for the purposes of assisting persons with disabilities who require assistance to vote in presidential elections.
Maldives Immigration reported 145,000 legal foreign workers as of August, with an additional estimated 15,000-20,000 undocumented foreign workers, mostly from Bangladesh and other South Asian countries. NGOs reported government agencies implemented discriminatory policies towards expatriate laborers. One island council reportedly restricted foreign migrant workers from accessing certain neighborhoods on the island at night. In June former minister of home affairs Umar Naseer, who had considered contesting in the September presidential elections, pledged to deport all undocumented migrant workers, labelling them threats to national security and to those citizens seeking employment. Human rights activists said Naseer’s statements reflected the views of a large number of citizens and alleged some local citizens had prevented migrant workers from attending mosque during Ramadan.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law prohibits same-sex sexual conduct. Under the penal code, the punishment includes imprisonment of up to eight years, as well as a provision for a supplementary punishment of 100 lashes imposed under Maldives Islamic law. None of the legal provisions prohibiting discrimination covers discrimination based on sexual orientation. No organizations focused on lesbian, gay, bisexual, transgender, and intersex (LGBTI) problems in the country. There were no reports of officials complicit in abuses against LGBTI persons, although societal stigma likely discouraged individuals from reporting such problems. Local citizens who expressed support for LGBTI rights on social media reportedly were targeted for online harassment as “apostates” or irreligious. NGOs reported several members of the LGBTI community sought refuge in Sri Lanka after societal shaming related to their sexual orientation.
Other Societal Violence or Discrimination
The trial of six men arrested in 2017 and charged in connection with the murder of Yameen Rasheed, a prominent blogger and social media activist who disappeared in April 2017, continued during the year. Police initially stated a group of young men, unaffiliated with any organization, had killed Rasheed because they believed he mocked Islam and that they were investigating unspecified persons of interest who may have encouraged the suspects in committing the crime. Rasheed had received multiple death threats before his disappearance, which were reported to police, but according to Rasheed’s social media accounts, his friends, and family, police had not responded or investigated. In a public speech on April 2017, President Yameen condemned Rasheed’s actions as “mocking” Islam, which activists viewed as Yameen’s justifying Rasheed’s killing. Police had not arrested additional suspects as of October 23.