Summary

The Working Group on Arbitrary Detention visited Maldives from 29 November to 9 December 2021 upon the invitation of the Government. The Working Group identified positive developments, including: the ratification of international human rights instruments; the functioning of the Human Rights Commission, including its mandate as the national preventive mechanism for Maldives, and the range of other bodies mandated to conduct regular oversight over places of deprivation of liberty; reform of the Maldives Police Service; self-regulation of the legal profession by the Bar Council of Maldives; initiatives to address past human rights violations; cooperation with international human rights mechanisms; and remote court hearings.

At the same time, the Working Group noticed that there were challenges in the criminal justice system, such as the large number of persons held in, and the excessive length of, pretrial detention, difficulties in the practical implementation of the right to legal assistance and undue delays in criminal proceedings. The Working Group also observed overcrowding in most places of detention. It further noted a punitive approach to drug offences, resulting in the incarceration of many persons who could have received more effective treatment in voluntary community-based programmes.

The Working Group also expressed its concern in the context of detention as part of counter-terrorism measures. In the context of migration, it observed that migrant workers in detention have limited rights, including in accessing justice. Lastly, the Working Group found that the current legal framework applicable to the involuntary admission to mental health facilities lacks precision and that the provision of care for people with psychosocial disabilities, older persons and children is underfunded and urgently requires additional professional staff. Among its recommendations, the Working Group encourages Maldives to become a party to several human rights instruments and to adopt specific practices that provide greater protection against arbitrary detention.