Act No: 5/78

11/3/1978

Act relating to procedure to follow in detaining or arresting persons for a duration of more than 7 days.

1) (a) Save for executing a verdict of the court, a person shall be detained or arrested, as under article 6 of Act No 4/68(republic) (Common Laws), by the Ministry of Defence and National Security, Ministry of Home Affairs and Housing and the Ministry of Atolls Administration, for a duration of more than 7 days, having requested the extension and received written permission from a three-member committee appointed by the President of the Republic. A person shall be kept in detention or under arrest for an (extra) period of 15 days under such permission.

(b) Every member in the committee stated in (a) of this article shall have the competence and the capability to scrutinize such matters related in this article.

2) A person shall be kept in detention or under arrest for a period greater than what is prescribed in article 1 of this Act, 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.

3) If by the end of the duration determined by the committee cited in article 1 of this Act, 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 cited in article 2 of this Act, 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.

4) Even if the investigation of whoever is detained or arrested under articles 1,2 and 3 of this Act 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.

5) If the Ministry of Defence and National Security regarded that a person has to be detained or arrested in connection to a case submitted to it among cases related to private debts and finance, the Ministry of Defence and National Security has the discretion of detaining and arresting such a person. Whoever is detained under such shall be kept in detention or under arrest for a duration of more than seven days according to what is cited in articles 1 and 2 of this Act.

6) The President of the Republic has the discretion to formulate and administer regulations necessary for the implementation of this Act.