Please find attached herewith Press Release
issued by the Attorney General's
Office on 31 Macrh 2005, a tranlation of which follows.
The Attorney General’s Office
Male, Maldives
Press Release
It has been noticed in these days that it is being reported among the public
through the media that the obstruction of preventing the increase in criminality
in society is because the parties executing the Law are not conferred by the
laws and regulations of the Maldives, the authority or the power to detain or
arrest offenders. Explanation henceforth is given in order to notify the Public
how the matter is stipulated in law.
1. Under article 6 of Act No 4/68 (Common Laws), if it was deemed not to keep a
person at large who is suspected of breaching a Shariah Order or State Order or
suspected that he may imperil Public Order, the relevant Government departments
stipulated in the article have the discretion to detain the person on a defined
location without harming him.
2. “Regulations of Offences that Allow Detention and that Do Not Allow
Detention” formulated under article 6 of Act No 4/68 (Common Laws), manifestly
describes what offenses allow detention and what offenses do not allow
detention. Accordingly, in Schedule 1 of the Regulation, among offenses that
allow detention include Unlawful Assembly, Parties to an Unlawful Assembly,
Participating in an Unlawful Assembly Armed with a Deadly Weapon, Committing an
Act in a Public Place that would Disturb the Peace; Offenses of Assault, Theft,
Misappropriation, Breach of Trust, Cheating and Extortion; Offenses relating to
Narcotics, Child Abuse, Rape, Blackmail; Damaging sites such as dwelling houses
or stores, hotels arranged for the dwelling of people or shops etc with
intention of committing offence; and Murder.
3. A person may also be detained in situations described in Schedule 2 of number
2(b) of the aforementioned Regulation. Among them include, the Accused objecting
to clarify name and address upon request to clarify them during the questioning
of the Accused or deeming that the Accused had deceived or attempted to deceive
name and address; Failing to attend summons for investigation without acceptable
reason; Escape of Person Serving Sentence; Escape of Person under Legal
Detention and Sighting Person in an Intoxicated Condition.
4. Under article 1 of Law 5/78 (Act Relating to Procedure to Follow in Detaining
or Arresting Persons for a Duration of more than 7 Days); the relevant
Government departments stipulated in the article have the discretion to detain
or arrest a person described as under article 6 of Act No 4/68(republic) (Common
Laws). Article 1 of Law 5/78 realises as such. (cf.
http://www.maldiviandetainees
5. Law 5/78 describes how a person may be held if he was required to be detained
or kept under arrest for more than 7 days. Accordingly, under article 1 of the
Law a person can be kept in detention or under arrest for an (extra) period of
15 days having requested the extension and received written permission from a
three-member committee appointed by the President of the Republic. (cf.
http://www.maldiviandetainees
6. Article 2 of Law 5/78 describes a person can be kept in detention or under
arrest for a period greater than what was prescribed by the Committee mentioned
under Article 1 of Law 5/78; having submitted the case of the detainee to a
judge appointed by the President of the Republic to examine such matters, and
upon the decision made by the judge. A person shall be kept in detention or
under arrest for an (extra) period of 30 days under such a decision. (cf.
http://www.maldiviandetainees
7. Article 3 of Law 5/78 stipulates that if by the end of the duration
determined by the aforementioned Committee, whoever is detained or arrested
accused of attempting to remove the might and strength of the sovereign power of
the Maldives, selling, keeping and use of narcotics contrary to what is
determined by law, theft, cheating, abduction, illegal seizure, breach of faith
and physical assault; if the investigation of whoever is accused of committing
any of these offences is not complete, having submitted the case of his
detention or arrest to the judge, and upon the verdict of the judge, he can be
detained or arrested to the term determined by the judge. If the investigation
of the case is incomplete by the end of the duration determined by the judge,
the duration of his detention or arrest shall be extended having submitted the
case of his detention or arrest to the judge, and upon permission of the judge.
(cf.
http://www.maldiviandetainees
8. According to article 4 of Law 5/78, even if the investigation of whoever is
detained or arrested is completed, having taken into consideration the nature of
the offence he is accused of and the potential peril to the community that may
occur because of (his release) or if it is assumed that he may run away, with
the permission of the judge he can be kept in detention or under arrest until
the court brings a verdict upon him. (cf.
http://www.maldiviandetainees
Having considered the points expressed above, it is noticeable that the parties
executing the Law are conferred the power and the discretion to apprehend and
detain a person within the confines of the Law, should he commit an offense,
having considered the nature of the offense. The points mentioned above also
very clearly acknowledge the conditions and the duration of how such a person
can be detained or kept under arrest, and especially relate that such a person
can be held in detention even if his investigation is complete, having taken
into consideration the nature of the offence he is accused of and the potential
peril to the community that may occur because of [his release] or if it is
assumed that he may run away, with the permission of the judge he can be kept in
detention or under arrest until the court brings a verdict upon him.
Therefore it is notified that it is not affirmative to report that the
obstruction of preventing the increase in criminality in society is because of
the failure of the laws and regulations of the Maldives to confer the authority
or the power to detain or arrest offenders upon the parties executing the Law.
21 Safar 1426
31 March 2005
Ends