The Maldives acceded to the International Covenant on Civil and Political Rights (ICCPR), the Optional Protocol to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) on 19 September 2006, exactly three years after Hassan Eavan Naseem was tortured and killed in Maafushi prison.

Torture is something that can exist in a society in a very silent and subtle form. Torture can prevail if it is not challenged by the community members, media and civil society organizations. Individuals who are subjected to torture and human rights abuses are often not the educated and well-informed elite in the society, who have better avenues for expressing grievances and lodge complaints. The victims of torture are often not aware of their legally entitled civil rights and in many cases cannot either afford or know how to seek the services of lawyers.

The accession of Maldives to the Optional Protocol to ICCPR opens a door for individuals in the Maldives to lodge complaints of torture and other human rights abuses to the UN Human Rights Committee. Complaint Procedures concerning human rights abuses are in this Fact Sheet from the Office of the High Commissioner for Human Rights. In the Fact Sheet details are given on Complaint Procedures under the Optional Protocol to ICCPR.

The Fact Sheet details the Complaint Procedures under several other human rights conventions in addition to the Optional Protocol to ICCPR. Among them are complaint procedures under Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; International Convention on the Elimination of All Forms of Racial Discrimination; and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

It is important to note that the Maldives acceded to Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 20 April 2004. The Maldives signed the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 14 September 2005 and ratified it on 15 February 2006. The Maldives acceded to Convention on the Elimination of All Forms of Discrimination against Women on 1 July 1993 and acceded to its Optional Protocol on 13 March 2006. The Maldives acceded to International Convention on the Elimination of All Forms of Racial Discrimination on 24 April 1984. The Maldives has not yet acceded to International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

The international treaties and conventions acceded to or ratified by the Maldives can be found here.

Under the complaints procedures by UN, the Maldivians have a great opportunity to lodge complaints concerning rights abuses. However, most Maldivians are not aware of this opportunity.

The Model Complaint Form under the Optional Protocol to ICCPR; Convention against Torture; or International Convention on the Elimination of Racial Discrimination should be sent to:

Mail: Petitions Team
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland

Fax: + 41 22 917 9022
(particularly for urgent matters)

E-mail: tb-petitions@ohchr.org

The Model Complaint Form under Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women should be sent to:

Mail: Committee on the Elimination of Discrimination against Women
c/o Division for the Advancement of Women, Department of Economic and Social Affairs
United Nations Secretariat
2 United Nations Plaza, DC-2/12th Floor
New York, NY 10017, United States of America

Fax: + 41 22 917 9022

In addition to the methods detailed above, The 1503 Procedure of the UN Human Rights Council (former Commission on Human Rights) enables individuals and groups including NGOs to report persistent patterns of human rights abuses and violations of fundamental freedoms in a country to the Human Rights Council. Similarly individuals and organizations can send complaints concerning patterns of violations of women’s rights to Commission on the Status of Women.

Reporting to Special Rapporteur on Torture

The UN Special Rapporteur on Torture has a mandate to investigate allegations of torture regardless of whether a State has ratified the Convention against Torture or not.

The mandate comprises three main activities: transmitting urgent appeals to States with regard to individuals reported to be at risk of torture, as well as communications on past alleged cases of torture; undertaking fact-finding country visits; and submitting annual reports on activities, the mandate and methods of work to the Commission and the General Assembly.

Urgent appeals can be made to Special Rapporteur on Torture when persons are feared to be at risk of corporal punishment; means of restraint contrary to international standards; prolonged incommunicado detention; solitary confinement; “torturous” conditions of detention; the denial of medical treatment and adequate nutrition; imminent deportation to a country where there is a risk of torture; and the threatened use or excessive use of force by law enforcement officials.

Urgent appeals can be made using this Model Questionnaire which should be sent to:

Special Rapporteur on Torture
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10
Switzerland

E-mail: urgent-action@ohchr.org

When the Special Rapporteur on Torture receives allegations of torture that does not require urgent action, “Allegation Letters” are sent to governments requesting to clarify the allegations. Special Rapporteur on Torture also collects information on countries through Country Visits.