CRIMINAL JUSTICE IN M ALDIVES
Mahmood Saleem

I. INTRODUCTION
The Maldives is well known as paradise on earth and a tourist haven for its enormous natural
beauty, safety, and peace loving and friendly people, even though the crime rate has increased
considerably in recent years. Until the enactment of the Constitution on 7 August 2008, the criminal
justice system of the Maldives heavily relied on the use of confessions.There was a lack of other formsof evidence gathering, including the development of forensic and other scientific investigative skills.
M ore than 90 per cent of convictions are said to be have been based on confessions made during
investigation. According to the Criminal Court, in 2002-2003, 97 per cent of cases were confession
based.1 In 2004, 64 per cent of cases relied on confessional statements.2 However, with the Constitutional reform in 2008, the Maldives is moving from a confession-based to an evidence-based system,
which is in line with international standards and thus strengthening the rights of the accused.

II. THE LEGAL SYSTEM
The legal system of the M aldives,due to minimal commercial activity and a low crime rate evolved
at a slow space and remained greatly underdeveloped.In addition,the Maldives did not receive English
common law culture, although it remained a British Protectorate during the period 1887 to 1965.
However, due to the Islamic shariʼ
ah and British influence, the Maldivian legal system is based onshariʼ
ah law and codified common law.
The Report of the Special Rapporteur on the independence of judges and lawyers stated that thelegal system still falls short of international standards including in criminal justice.3 According to theDraft Discussion paper by the Hon. Justice Marcus R. Einfeld,4 it is generally recognized that theM aldivian legal system has been struggling to keep abreast with recent socio-economic developments
associated with rapid economic development, a boom in tourism, increased international trade andinvestment, fast population growth and changing living standards and lifestyle.5
The Draft Discussion Paper also identified a number of weaknesses in the legal framework including weak procedural structures and a lack of laws governing legal procedures,the absence of a formal
law reporting system which is inhibiting the establishment of a strong doctrine of legal precedent,
uncertainty regarding the respective standards of proof in criminal matters, and unclear principles
regulating the admission of evidence.6
However,following the incidents in 2003 including the brutal murder of 19-year-old inmate Hassan
Evan Naseem,three of his fellow inmates who were also shot to death in Maafushi prison and riots inM aleʼas well as local and international demand,7 the M aldives had put greater effort into thedevelopment and reform of its criminal justice system.
Assistant Public Prosecutor, Head of Prosecution Department, Prosecutor Generalʼs Office, M aldives.
1Bendic Rogers, A Report on a visit to the M aldives (2006)at 7.
2Ibid.
3Leandro Despouy,Report of the Special Rapporteur on the independence of judges and lawyers,A/HRC/4/25/Add.2 (2May 2007).
4Hon. Justice M arcus R. Einfeld AO QC PhD, Strengthening the M aldivian Judicial System, Draft Discussion Paper,
Sydney, Australia, (June 2005).
5Ibid.
6Ibid.

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III. CRIMINAL LAW
The Penal Code of the Maldives was enacted in response to civil unrest in certain regions of thecountry in 1967.Whereas this current Code was enacted due to a specific uprising in certain regions of
the country and lack of reform to date it is not comprehensive and is in principal unable to address
current crime patterns and escalation of crime in the Maldives.
According to the former Attorney General,Dr.M ohamed M unavver,the current Penal Code,which
was put together in a haphazard manner from extracts of the Sri Lankan Penal Code, is long since
outmoded.Apart from this,the Criminal Procedure and comprehensive Evidence Act are non-existent.8In 2006, a new Penal Code was drafted. However the draft Penal Code is still pending in theParliamentʼ
s committee stage.9 Former Attorney General,Husnu Suood,said that a revised Penal Codewas very much the need of the hour as the current Penal Code has been in place for about halfa century
and does not serve its need as certain punishments are not appropriate for the offence or certain
punishments are not even implemented in the country. M r. Suood also stated that the current Penal
Code does not suit the present day needs,and if the draft Penal Code gets enacted,the criminal justicesystem will be more effective.10

IV. OVERVIEW OF CRIME TRENDS, THE CURRENT SITUATION AND
CHALLENGES
A. Crime Trends
There is no comprehensive study of crime in M aldives.According to the Statistical Report 2010 of
the M aldives Police Service (MPS), 4,567 criminal cases were reported to the M PS in 2000. In 2007,
11,452 cases were reported to the police. This report shows that the number of cases filed with thepolice fell 11 per cent from 19,259 cases in 2009 to 16,995 cases in 2010.However this drop in the crime
rate is still very high compared to the statistics of the year 2007 and 2000.11 According to the Statistical
Report 2011-2012 of the M aldives Police Service, 17,804 cases were reported to the M PS in 2011.This
report shows that the number of cases filed with the M PS rose 15.2 per cent from 17,804 cases in 2011
to 20,512 cases in 2012.12 The Crime rate is extremely high when taken as a percentage of the total
population of the country. The M aldivian population numbers approximately 300,000 people.13
B. The Current Situation
In a Press Statement on 21 March 2010, human rights Non-Governmental Organizations (NGOs)
stated that serious crimes such as assault with sharp weapons,drug trafficking,sexual abuse of womenand children,and murder have become common in M aldivian society,and they condemn this increase
in serious crime and also the failure ofthe State and responsible authorities to convict those responsible
for these crimes.14 According to the Human Rights Commission of the Maldives (HRCM), in recent
times gang violence,burglary,mugging,sexual abuse of children and murders are increasing to levelsof alarming concern in the society.15

7Hussain Shameem, M ALDIVIAN LEGAL SYSTEM: CORRUPTION CONTROL M ECHANISMS AND CODES OFCONDUCT FOR LAW ENFORCEMENT OFFICIALS at 305 http://www.unafei.or.jp>.
8Asian Human Rights Commission, M ALDIVES: The Human Rights Situation in 2006 http://material.ahrchk.net/
hrreport/2006/M aldives2006.pdf>.
9“Penal Code draft bill sent to Majlis committee”Miadhu (online ed, Maldives, 15 October 2009) http://www.miadhu.
com/2009/10/local-news/penal-code-draft-bill-sent-to-majlis-committee/>.
10 Ibid.
11 MPS, Statistical Report 2010, (27 April 2011) http://police.gov.mv/>, MDN, M aldives Police Service in 2010: A
Snapshot www.mvdemocracynetwork.org/maldives-police-service-in-2010-a-snapshot/>.
12 MPS, Statistical Report 20112012, (2013) http://police.gov.mv/>.
13 Maldives, National Adaptation Programme of Action (NAPA)(2006).
14 Maldivian Democracy Network, Press Release ― Escalation of crime (23 March 2010) www.mvdemocracynetwork.
org/press-release-escalation-of-crime/>.
15 HRCM, ISSUES FOR CONSIDERATION WHEN COM PILING THE LIST OF ISSUES on the Initial Report ofM aldives under the International Covenant on Civil and Political Rights (May 2011)at 8.

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Since 2008, the courts of the Maldives have not admitted confessions made to the police by thedefendants if they withdraw the confession at the trial except in PGO v Mohamed Nabeel.16 Similarly,
courts are also reluctant to admit witness statements made during police investigation if they retract
the statements or the witnesses prefers to keep silent at the trial.This is one of the major reasons forthe low conviction rate that the Maldives is currently experiencing. Many people blame the rise incrime and low conviction rate on the new democratic system and human rights guaranteed under thenew Constitution of the M aldives.
Article 52 of the Constitution stipulates that “No confession shall be admissible in evidence unlessmade in court by an accused who is in a sound state of mind. No statement or evidence must be
obtained from any source by compulsion or by unlawful means and such statement or evidence isinadmissible in evidence.”17
Torture during investigation was very common until recently.This was the major reason why thenew Constitution does not allow confessions as evidence unless made in court.Whilst there was a very
high conviction rate prior to 2008,there were no safeguards to ensure that the confessions were fairly
and lawfully obtained.
Nevertheless,now it has become a trend for the offenders to make confessions to the police and getleniency from any possible remand or detention.The police also take their investigation easy when anoffender has made a confession during investigation. However they simply withdraw the confessions
at the trial and escape from the conviction.
It has to be noted that as several facilities and services provided by the police are inactive or sufferfrom shortages of resources and capacity in most serious cases,the police also fail to collect evidence
other than a mere confession. Therefore the Maldives needs to establish an effective mechanism on
crime investigation to improve the policeʼs capacity in effective collection of evidence in criminal casessuch that it inspires confidence in the criminal justice.
C. The Causes
According to the HRCM , the increase in the crime rate has been aggravated due to a number of
direct and indirect factors. It noted some of the direct factors including, inadequate legislation
pertaining to the criminal justice system, such as a Penal Code that does not reflect the spirit of thepresent Constitution as it has many parts which are not relevant to the present context, inadequate
legislation pertaining to evidence and witnesses, dismissal of forensic evidence by the courts,and theabsence of a witness protection programmes.18
D. The Challenges
1. Low Conviction Rate
As mentioned before until recently, the M aldivesʼcriminal justice system depended heavily onconfessions.There was lot of criticism of this high confession rate.However,after the adoption of thepresent Constitution in August 2008, the M aldives criminal justice system changed from being
confession-based to evidence-based,thus strengthening of the rights of the accused.19 This is one of themajor reasons for the low conviction rate that the Maldives is experiencing now.The recent statistics
released by the M PS show a significant decrease in the proportion of criminal cases which reach thecourts leading to a conviction.As noted by the MDN,the most worrying figures come from the numberof cases that reach the courts and end in convictions. There were 3,323 cases sent to the Prosecutor
Generalʼs Office (PGO) in 2010 by the M PS. From the cases filed in 2010, only 75 convictions wererecorded.20 M any human rights NGOs in the country,have noted that the conviction rates are alarming
16 “Nabeelʼs execution order appealed in MaldivesʼHigh Court”Haveeru Online (online ed, Maldives, 21 March 2011)www.haveeru.com.mv/news/34905>.
17 Constitution 2008 (MV), at 52.
18 HRCM, ISSUES FOR CONSIDERATION WHEN COMPILING THE LIST OF ISSUES on the Initial Report ofMaldives under the International Covenant on Civil and Political Rights, above n 15, at para 19.
19 United Nations Development Programme in the Maldives and the Government of M aldives, Prison Assessment andProposed Rehabilitation and Reintegration of Offenders Report (2011) at 19 www.undp.org.mv/v2/publication files/4e649d60b9b4a.pdf>.

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and, called upon all relevant State authorities to improve relations and communications among thevarious institutions as these relationships are vital for the effective collection and utilization ofevidence in criminal cases.
However,the M aldives is moving to an evidence-based system,and there is no evidence-related orother relevant legislation, rules or procedures. The police,prosecution and other relevant institutions
need capacity building,proper training,resources and facilities to work in an evidence-based system.
2. Lack of Coordination
Lack of understanding and coordination among relevant institutions including the MPS, the PGO,
the Executive and the Judiciary is one of major challenges.Inadequate communication and corroboration between relevant institutions is another major cause of concern caused by the lack of policies andprocedures.Dangerous offenders often appear to have withdrawn from the penal system and are seen
to be living in the community as free citizens.21 The M DN highlighted that while courts point theirfingers at the police and the prosecution for not presenting enough evidence, the police have gone onrecord very publicly saying that courts were obstructing their investigations.The MDN further notedthat this apparent breakdown in the relationship between the judiciary and the police is certainly causefor great concern.22
3. The Intimidation of Witnesses
According to the Report on Capacity Development Needs Assessment of the Prosecutor Generalʼs
Office of the Republic of Maldives, yet to be published, the intimidation of witnesses is a growing
problem in the administration of justice in the Maldives.23 The Prosecutor General Mr.Ahmed M uizzu
stated that reluctance of witnesses to testify at trial is a growing concern during criminal trials. Mr.
M uizzu said that “there are witnesses reluctant to testify at the Court due to intimidation and also thereare witnesses［ who］ do not want to testify at the Court due to various influences.”24 Likewise, theCriminal Court also has great concern on the same issue stating that large number of serious assault
and murder cases end acquittals due to witnesses refusing to give evidence in the Court.25
4. Lack of Capacity
The main function of the M PS is to investigate criminal cases.They do this by collecting evidence.
The police will send the investigation case file to the PGO who will decide what action should be taken
next. The PGO also provides assistance during investigation mostly if the police so request. If theprosecution decides there is enough evidence and grounds for charging the offender,then the case will
be sent to the court for adjudication.
The Capacity Development Needs Assessment of the Prosecutor Generalʼs Office of the Republic ofM aldives Report 2008 stated that at the time of the assessment advocacy skills of prosecutors were atbasic levels and preparation was not always thorough. This Report also noted that confidence in theway in which cases are handled will grow when greater experience and expertise is demonstrated incourt.26
M any locals as well as some members of the Parliament have been criticizing the performance ofthe PGO due to losing serious criminal cases.However this research showed that the higher number ofacquittals is not only due to the ineffectiveness of the prosecution but also due to weak investigationand delaying trial and the way the trial is conducted in the Criminal Court.
20 Maldives Police Service in 2010:A Snapshot.
21 United Nations Development Programme in the Maldives and the Government of Maldives, Prison Assessment andProposed Rehabilitation and Reintegration of Offenders Report, above n 19.
22 Maldives Police Service in 2010:A Snapshot, above n 20.
23 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office of the Republic of M aldives (2008), para
24.1.
24 Ibid.
25 Adam Haleem,“Jinaaee bodethi massala thakuge sharuee maruhalaagai hekibas nulibeythee varah kan boduvey:PG［Weare deeply concerned over the lack of evidence presented during trials over serious criminal offences:PG］”Haveeru
Online (2 February 2010) www.haveeru.com.mv/dhivehi/news/86164>.
26 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office, above n. 23, at para 21.1.

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It has to be noted that the M PSʼ
s Forensic Science Department has now been awarded an International Standard of Organization (ISO)certificate and this will help the shift in reliance on confessional
evidence to that of establishing an evidence-based system of criminal investigation. Further, in July2010 the MPS established a separate forensics building,which houses modern technologies for forensic
investigations. On the other hand, as the MDN noted there remains room for skepticism about theM PSʼs ability to effectively deploy their new forensic tools and the judiciaryʼs capacity to engage withforensic evidence.27
5. Inadequate Evidence ActThe Evidence Act28 is inadequate to deal with evidence issues. This Act comprises only the basic
provisions and does not address many of the requisites in this area including the issue of admissibility,
the probative value of evidence from different sources and the concept of illegally obtained evidence.29

V. POSSIBLE SOLUTIONS(1)Enact the new draft Penal Code pending before the Parliament without further delay and ensurethat the new Penal Code is fully consistent with international standards;(2)Amend the Police Act, as it came into force before the current Constitution;(3)Expedite efforts to enact the Criminal Procedure Bill,the Witness Protection Bill and the Juvenile
Justice Act;
(4)Provide further legal and practical training and education for judges and prosecutors and provide
judges and prosecutors with the possibility to observe how trials are conducted in other common law
countries;(5)Amend and enact a uniform Evidence Bill adding a provision which allows and regulates admissibility of confessions and provision on effective collection and utilization ofevidence in criminal cases.
The Bill also needs to add a provision on the basis for excluding involuntary or improperly obtained
confessions;(6)Reform investigation practices by reviewing and adopting interrogation rules and make video
recordings of interrogations mandatory and introduce safeguards to the legal rights of suspects and theintegrity of the process. In addition, all custodial interviews and interrogations of suspects should bevideotaped with an equal focus on suspects and interrogators;(7)Develop procedures for crime scene examination, collection and protection of evidence;(8)As effective utilization of evidence at trial can help to convict the offender it is therefore very
important that police know how to manage crime scenes and collect evidence effectively.Such evidence
should be protected and preserved.

VI. CONCLUSION
According to the police reports many serious criminal cases,even when investigated by the seniorpolice officers, are only capable of being solved by means of a confession from the accused.As noted
before, serious criminals abuse the right given in art 52 and purposefully admit to the police during
investigation to escape convictions as they know the courts do not admit confessions unless madebefore the court. As the M aldives is concerned about the recent rise in crime and the inability tosuccessfully prosecute criminals, the Maldives needs to limit art 52 of the Constitution.
In general, some very important steps have been taken over the recent years to reform criminal
27 M aldives Police Service in 2010:A Snapshot, above n. 20.
28 Evidence Act (Law Number 24/76)(M V).
29 Attorney Generalʼs Office, Maldives, National Criminal Justice Action Plan 2004-2008 (2004)at 12.

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justice in the M aldives. However specific steps have not been taken to move to an evidence-basedsystem.As a result,so far veryfew suspects have been convicted among those involved in serious cases,
most notably homicide cases.This can only be achieved by reforming the countryʼ
s existing legislation,
strengthening relevant institutions and enacting important bills aimed to respond to crime.Especially,as the M aldives is moving from a confession-based to an evidence-based system, it is therefore vitalthat the Maldives have an Evidence Act without further delay.
To address the low conviction rate and the issue of offenders abusing art 52 as a way to escapeconviction,it is therefore vital to narrow the right stipulated under art 52.It is also a responsibility ofthe police, working along with the prosecution and judiciary, to protect the people, to investigate
criminal offences and collect evidence that may be later utilized at trial.

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