THE CRIMINAL JUSTICE SYSTEM IN MALDIVES
Abdulla Shatheeh and Mahmood Saleem

I. INTRODUCTION
In M aldives after notice of an alleged offence has been brought to the attention of the investigating
authorities, the matter shall be investigated promptly, and where warranted, the Prosecutor Generalshall lay charges as quickly as possible.Article 51(b)stipulates that everyone charged with an offence
has the right to be tried within a reasonable time.1

II. INVESTIGATION
A. The M aldives Police Service
The Maldives Police Service as the principal law enforcement agency derives its powers from the
Police Act 2008.2 Under the Police Act,the police force is recognized as a civil organization.3 Prior to
September 2004,the National Security Service(NSS)was mandated with policing in the M aldives.The
NSS had both a policing branch and a military branch. Both branches were given the same initial
military-style training,with very little focus on community orientation.4 The M PS has to build a good
professional working relationship with agencies in the criminal justice system to promote and develop
police service in the Maldives and to prevent homicide and other crimes.
B. Forensic Science Department
The M PSʼs Forensic Science Department has been awarded the International Standard of Organization (ISO)certificate. This will help the shift in reliance on confessional evidence to that ofestablishingan evidence-based system of criminal investigation. In July 2010 the M PS established a separate
forensics building, which houses modern technologies for forensic investigations. However, as the
M aldivian Democracy Network (MDN) stated, there remains room for skepticism about the MPSʼsability to effectivelydeploytheir new forensic tools and the judiciaryʼs capacityto engage with forensic
evidence.5
C. Community Policing
In the M aldives community policing efforts also increased in recent years,with the police working
with the youth, community elders, students, parents and even gang members to prevent and reduce
crime levels. The MPS approach to community policing is focused more on being proactive in crime
reduction rather than investigations or prosecutions.6
Community policing focuses more on the increase in gang-violence which is also related to a large
extent to drug trafficking.According to the M DN,the MPS has taken some proactive steps to reducegang-related crimes through a community policing philosophy.Among the proactive steps used include
Chief Inspector of Police, Head of Fraud and Financial Crime Department, M aldives Police Service, Republic of
Maldives.
Assistant Public Prosecutor, Head of Prosecution Department, Prosecutor Generalʼs Office, Republic of Maldives.
1Constitution of the M aldives 2008, art 51 (b).
2Police Act 2008 (Law Number 05/2008)(M V).
3Police Act 2008, s 5.
4M PS,Statistical Report 2010,(27 April 2011) http://police.gov.mv/>,M DN,M aldives Police Service in 2010:A Snapshot
www.mvdemocracynetwork.org/maldives-police-service-in-2010-a-snapshot/>.
5M aldives Police Service in 2010:A Snapshot, above n 4.
6M aldivian Democracy Network, Community Policing in the M aldives, (5 May 2010) www.mvdemocracynetwork.org/
community-policing-in-the-maldives/>.

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engaging with elders and businessmen in local communities where gangs are resident.7
According to the M DN,attempts to talk with and engage gang leaders themselves and try to reduce
crime through dialogue and positive relationships have proven to be effective with at least one Maleʼgang which has been remarkably quiet since the engagements took place. The M DN also noted thatwhether this approach fits the theoretical description of community policing is open for debate.
However the MPS officials insist that it does,and if it helps reduce crime,not many will complain orcare either way.8
Another approach of community policing recently used by the MPS in both Maleʼand the Atolls tocombat gang crimes has been to involve local youth and even gangs themselves in sports events withthe police.According to the M DN football matches and other such events have proven to be effective
tools in building trust and respect between law enforcement officials and local youth.9
D. Crime Prevention Committees
The M PS has setup Crime Prevention Committees in all Atolls of the country with varying degrees
of success.The aim of the Committees is to bring together community leaders and the police to comeup with community-based approaches to crime prevention.10
E. Institute for Law Enforcement and Security Studies (ILESS)The Maldives Police Service Institute for Law Enforcement and Security Studies undertakes
courses and programmes that will ensure that members of the MPS and other law enforcement officers
undergo required training.
F. Other Investigating Agencies
There are other agencies responsible for criminal investigation. The following are the agencies
which have power to conduct criminal investigation and their field of investigation.
1. Anti-Corruption Commission
Section 21 (a)of the Anti-Corruption Commission Act (Law no:13/2008)states that “to inquire into
investigate all allegations of corruption;any complaints, information or suspicion of corruption must11
be investigated.”
2. M aldives Customs Service
Under s 88(b)of M aldives Customs Act,(Law no:8/2011)Customs can investigate cases of unlawful
smuggling in and out of Maldives and can forward these cases to the Prosecutor General for prosecution.
3. The Police Integrity Commission
Under the Police Act 2008,an independent Police Integrity Commission (PIC)has been established.12
The PIC is vested with the powers to monitor the code of conduct of the police and take measures tocurb any conduct that could pave the way to corruption and/or misconduct.
In s 19 of the Maldives Police Act, it is the objective of PIC to independently investigate unlawful
activities occurring within the police and take actions as mentioned in the Law.
According to the M DN the establishment of the Police Integrity Commission further helped tostrengthen the publicʼ
s confidence in the police. However the police have been finding it difficult tomaintain this confidence, with the crime rates increasing and conviction rates for high profile cases
remaining very low.This apparent inability of the police to clampdown on increasingly brazen acts of
7Ibid.
8Ibid.
9 Ibid.
10 Maldives Police Service in 2010:A Snapshot, above n 4.
11 AntiCorruption Commission Act (law no:13/2008).
12 Police Act 2008, s 18.

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gang crime has put further pressure on public confidence.13
Apart from the PICʼs power to investigate cases and submit to the PGO to take legal action it has
to be noted that the decisions and actions taken by the PIC are not binding and are merely submitted
to the Minister for Home Affairs for further action. It seems the PIC is more of an advisory body.
Therefore, the Parliament should pass the Police Integrity Commissionʼs bill14 giving the PIC morebinding powers to carry out its work in order for its full effect to be realized.
4. M aldives Inland Revenue Authority
Under s 30 of the Tax Administration Act (Law no:3/2010),the M aldives Inland Revenue Authority
has the power to audit and investigate cases regarding taxation.15
G. Investigative Procedure (MPS)
It is stipulated in art 46 of the Constitution of the M aldives that no person shall be arrested ordetained for an offence unless the arresting officer observes the offence being committed, or has
reasonable and probable grounds or evidence to believe the person has committed an offence or isabout to commit an offence, or under the authority of an arrest warrant issued by the court.
Under art 47 of the Constitution no person shall be subject to search or seizure unless there isreasonable cause.Residential property shall be inviolable,and shall not be entered without the consent
of the resident,except to prevent immediate and serious harm to life or property,or under the express
authorization of an order of the court.
According to art 48 of the Constitution everyone has the following rights on arrest or detention:(a)To be informed immediately of the reasons therefore,and in writing within at least twenty fourhours;(b)To retain and instruct legal counsel without delay and to be informed of this right,and to haveaccess to legal counsel facilitated until the conclusion of the matter for which he is under arrest
on detention;(c)To remain silent, except to establish identity, and to be informed of this right;(d)To be brought within twenty four hours before a judge who has power to determine the validityof the detention, to release the person with or without conditions, or to order the continued
detention of the accused.
Article 49 of the Constitution provides that no person shall be detained in custody prior to sentencing,unless the danger of the accused absconding or not appearing at trial,the protection of the public,or potential interference with witnesses or evidence dictate otherwise. The release may be subject toconditions of bail or other assurances to appear as required by the court.
The maximum period of detention varies with each offence and is at the discretion of the judge.In
some cases a suspect is detained until the investigation or trial is complete.
Interviews of suspects are recorded under r 101 of Police Regulation.Audio recordings are compulsory while video recordings are optional.In some cases these recordings are submitted to trials but it
is not used as a confession/statement.
Right to legal counsel is provided at all stages ofthe investigation and trial as a constitutional right.
After conducting interviews and suspectʼs oral statement,reports are prepared by the investigators.
13 M aldives Police Service in 2010:A Snapshot, above n 4.
14 Police Integrity Commissionʼs Bill (2011)(M V).
15 Tax Administration Act (law no:3/2010).

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The suspect is given the opportunity to confirm and correct mistakes in such documents.
During the investigative process,if the need arises to search a home/building/communications of asuspect,if permission is denied by the owners,police shall get a court order or warrant,in order to doso.

III. PROSECUTION
A. The Prosecutor Generalʼs Office
As part of the recent reforms to the criminal justice system,an independent Prosecutor General(PG)
is appointed.The Prosecutor Generalʼs Office (PGO),as an independent institution was created by the
new Constitution and came into being from 7 September 2008.
The PGO derives its Constitutional independence from art 220 of the Constitution. Article 220 (a)states that “There shall be an independent and impartial Prosecutor General of the Maldives”.16 It
further states that:
The Prosecutor General is independent and impartial,and he shall not be under the direction orcontrol of any person or authority in carrying out his responsibilities and the exercise of his
powers. He shall carry out his responsibilities and exercise his powers without fear, favour or
prejudice,subject only to the general policy directives of the Attorney General,and on the basisof fairness, transparency, and accountability.17
The responsibilities and powers of the PG are contained in arts 223 to 229,inclusive.18 The PG has
the power to order investigations,monitor detentions,lodge appeals and review existing cases.The PG
of M aldives is appointed by the President and has to be approved by the Parliament. In addition,theProsecutor Generalʼs Act19 specifies how the Prosecutor General should be appointed, as well as the
responsibilities, powers and qualifications of the PG.
The Attorney General is mandated to issue general directives to the PG on the conduct of theprosecutions.20 However,art 220(c)states the independence and the impartiality of the PG who shall befree from direction or control of any person or authority in carrying out his functions.21
B. Advocacy Skills and Performance
According to the Capacity Development Needs Assessment of the Prosecutor Generalʼs Office of the
Republic of M aldives Report 2008 at the time of the assessment advocacy skills were at basic levels andpreparation was not always thorough.The Report noted that confidence in the way in which cases arehandled will grow when greater experience and expertise is demonstrated in court. The Reportemphasized that the quality of dispatch and the delivery of casework in court should be uppermost in
the minds of the PGO.22
Some locals as well as some members of the Parliament have been criticizing the performance of
the PGO due to losing serious criminal cases including homicide cases. The Maldivian Democratic
Party MP, Ahmed Rasheed said that the hard work of the police to prove the charged guilty fails
because of the inexperience of the prosecutors.23

16 Constitution 2008, art 220 (a).
17 Article 220 (c).
18 Articles 223 -229.
19 Prosecutor Generalʼs Act (Law Number 9/2008)(M V).
20 Constitution, 2008, art 133(g).
21 Article art 220(c).
22 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office of the Republic of Maldives (2008),at para

21.1.
23 Abdul Latheef “
Policeʼs work to prove the charged guiltyfails because ofinexperienced state lawyers-Ahmed Rasheed”
Miadhu (online ed, Maldives, 15 April 2011)at http://www.miadhu.com/2011/04/local-news/police%e2%80%99s-workto-prove-the-charged-guilty-fails-because-of-inexperienced-state-lawyers-ahmed-rasheed/>.

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Rasheed noted that those prosecutors assigned by the PGO to represent the State in trials of
criminal prosecution are mostly very young, inexperienced and naive. “As a result of this, it is24
saddening to say that, those charged with dangerous criminal offences are acquitted.”
However this research showed that the higher number ofacquittals is not onlydue to the ineffectiveness of the prosecution but also due to weak investigation and delaying trial and the way the trial
conducted in the Criminal Court.
It is important to note that the advocacy issue is systemic and rooted in the qualification process
which does not require advocacy training to be undertaken by a graduate ― after a law degree orsimilar qualification an application to the Attorney General Office is made for a practicing certificate,
which if granted allows the lawyer to practice in court without any advocacy training.25
The Constitution stipulates that the responsibilities and powers of the PG may be assigned with his
express instructions, to any person working under his mandate or to any other person.26 The purposeof these provisions may be due to lack of capacity and currently the PGO is working with this system.
Allowing prosecutors to prosecute in the court who have not got proper advocacy training will impact
on institutional performance.Therefore it is important to take corrective measures instead of sticking
on the current system.According to the Report,the evidence points to the need for the change current
system.27
Unlike before, prosecutions are now based on use of evidence of a forensic nature, changes to thecriminal procedure rules and upcoming Penal Code, Criminal Procedure Code and Evidential Act
points to a need to raise capacity of the PGO to be prepared for the changes.28
Therefore the PGO needs to train prosecutors to provide them with the skills, knowledge and theexpertise to enable them to perform their roles better to deal with crimes, most notably homicide.
C. Departments
Currently the PGO has a general department to deal with all sorts of crimes known as the Public
Prosecution Department. Due to crime patterns and available resources, the PGO needs to consider
establishing a drug-related offence department, a serious and organized crime department and awitness and victim protection department in order to place more focus on homicides and issues whichhave an impact on homicide.
D. The PGO, the MPS and the Courts
This research shows that in most cases the PGO and the MPS have a positive and cordial working
relationship.Periodic conversations have been held between the two institutions.However the courts,
especially the Criminal Court,are far from such approach.However the PGO and the Criminal Court
have some sort of mutual understanding while the Police and the Criminal Court have been criticizing
each other through public media recently.The PGO and the MPS have recently introduced a partnership approach in complex cases most notably homicide cases,working together to build cases together
or where the police seek advice from the PGO at an early stage in the case.29
Therefore there is a need to set up a formal institutional mechanism among the PGO,the M PS andthe courts through which investigation and prosecution issues and delay reduction can be discussed andcorrective action be taken. In addition such a mechanism would help to close doors for those who
escape from the system without paying the price for the crime committed.

24 Ibid.
25 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office, above n. 22, at para 21.2.
26 Constitution 2008, art 224.
27 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office, above n. 22, at para 21.2.
28 Ibid. at 21.4.
29 Ibid. at 13.1.

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IV. JUDICIARY
In this section the main focus will be drawn on the present setup of courts for the administration of
criminal justice in the M aldives.
A. An Introduction to the M aldivian Court System
In the current M aldivian court system,the judicial power is vested in the Supreme Court,30 the High
Court31 and lower courts established by the Judicature Act32 of the M aldives,and any other statute.33
According to the Judicature Act of Maldives,the M aldives Court system is made up of three levels:theSupreme Court,the High Court and the lower courts including the superior courts and the magistrate
courts.
Under the Constitution,judges of the Supreme Court,including the Chief Justice,are appointed by
the President in consultation with the Judicial Service Commission and confirmation of the appointee
by a majority vote of the Parliament.34 The appointments and removal of all other judges are entrusted
to the Judicial Service Commission set up pursuant to art 157 of the Constitution.35
Superior Courts are first instance courts created under the Judicature Act in the upper category of
the lower courts. Maleʼhas five specialized first instance courts namely:the Civil Court, the Family
Court, the Criminal Court, the Juvenile Court and the recently established Drug Court. The lower
category of courts created from within the lower courts is the magistrate courts created under the
Judicature Act.
B. Large Scale Acquittals
This research shows that large scale acquittals of heinous and ghastly offences including homicides
are eroding peopleʼ
s faith in the effectiveness of the criminal justice system.According to the Criminal
Court, apart from delays, not getting assistance and protection to the courts as required under theConstitution,36 failure to enforce sentences and lack of important legislation are major reasons for thelarge number of acquittals.37
Despite this,it is crucial that the Criminal Court,the Juvenile Court and the Magistrate Courts must
respond to societyʼs call for justice and punish the guilty by a proper and judicious approach even withthe difficulties it faced.
C. Delay in Disposal of Cases and Arrears in Courts
It is in the interests of the people as well as the State that the cases sent to the courts for
adjudication should be decided within a reasonable time. Under art 51 of the Constitution everyone
charged with an offence has the right to be tried within a reasonable time.38 If the course of trial isinordinately long,the chances of miscarriage of justice are more and expenses of adjudication increase
as well.This has subjected the M aldives criminal justice system to severe strain.It has also shaken theconfidence and faith of the people in the efficacy of the courts.
The impact of delay in trials includes loss of important evidence,because of fading of the memoryor the death of witnesses.In addition there are also possibilities of the material witness succumbing toundue pressure and being won over, if there is a long time lag between the actual occurrence and thedate of recording of their deposition in the Court.It is therefore essential,so far as criminal cases areconcerned, that the delay in their disposal be eliminated as far as possible.

30 Constitution 2008, art 145.
31 Article 146.
32 Judicature Act (Act No:22/2010)(M V).
33 Constitution 2008, art 141.
34 Articles 147 and 148.
35 Article 157.
36 Constitution 2008, art 141 (d).
37 HRCM, Report on Causes for Increase in Incidents of Crime (2009).
38 Constitution 2008, art 51 (b).

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According to the Report on Capacity Development Needs Assessment of the Prosecutor Generalʼs
Office there is structural,endemic and systemic delay in the system.It noted that delay takes place at
different stages in the process. It can classified them as at the investigation stage, post investigation
when the case is received by the PGO, post registering of the case, during the hearing phase, no casemanagement systems.39 The low number of judges compared to the number of cases,absence ofdefence
counsel,unnecessary adjournments,absence of witness,the absence of prosecutors,failure to examine
witnesses though present in the Court, absence of day-to-day hearing and delay in delivery of judgements are all causes which lead to delay in criminal cases.Another cause for delay in the disposal ofcases is procedural delays.The rules governing criminal procedure in the Maldives are currently basedon a number of regulations and circulars that came into force prior to the criminal justice reform in
the country. Therefore they are out of date and inadequate.
The right to speedy trial is an essential part of the fundamental rights enshrined in the Constitutionof the Maldives.The Constitution provides that after notice of an alleged offence has been brought tothe attention of the investigating authorities, the matter shall be investigated promptly, and where
warranted, the PG shall lay charges as quickly as possible.40. As mentioned before it also afford thedefendant a trial within a reasonable time.41
The Report also noted ways in which delays can be managed. It stated that some of these can be
managed in the short term and others require long-term consideration.42 According to the Report,thecurrent practice is to send back cases which need further investigation, or which are incomplete or
require correction, to the M PS so that the gaps can be filled in terms of documentation and further
investigation. The Report recommended to set up with the police a formal institutional mechanism
through which day-to-day prosecution issues, file content, delay reduction, etc., can be discussed andcorrective action taken.43
As the Report stated,a way which will help cut out delay may be for the PGO and the police to train
the police on file preparation and content or have a senior prosecutor stationed at the M PS to carryout those functions in the MPS before cases are sent to the PGO.44
According to the Report, the delay in hearing cases is also because of listing and schedulingpractices in the criminal justice system. As the Report stated, the current system of scheduling cases
is “court-centric”not “user-centric”. The current system is based on the benefit and the working
practices of the Court and the individual administrative practices ofjudges managing their own cases.45
The Report also noted that the current case scheduling system is adversely affecting the efficiency of
the PGO in terms of how staff is deployed.According to the Report,often,the Criminal Court does not
inform the PGO about “cancelled”cases until the prosecutor arrives at the Court. This wastes theprosecutorsʼtime, preventing them from carrying out other duties that day.46
The Criminal Court has no case management system. The Report suggests that only upon the
defendant entering a not guilty plea should a case be scheduled for trial. The Repot recommends the
PGO to lobby for formal case management hearings ― if defendants wish to enter a guilty plea theyshould be allowed to do so at an early stage.47
The Criminal Court also has no practice of continuous hearings.As a result cases have to be listed
many times.The Report noted that block hearings are also affecting the efficiency of the PGO in that
greater demand is made on the number of prosecutors and the number of times they have to cover one
case.Due to this,witnesses are left in uncertainty and may lose interest in the case and the opportunity
39 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office, above n. 22, at 25.1.
40 Constitution 2008, art 50.
41 Article 51(b).
42 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office, above n. 22, at 25.1.
43 Ibid, at Recommendation 4.
44 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office, above n. 22, at 25.2.
45 Ibid. at 25.3.
46 Ibid.
47 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office, above n. 22, Recommendation 12.

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for a defendant to intimidate or influence the witness is greater.In addition,the continuity of prosecutor may not always be possible because of operational reasons in the PGO.Therefore the PGO needs
to lobby for continuous hearings. This will help cutting out unnecessary hearings allowing the Court
and the PGO to carry out other duties.48
Adjournments appear to be very common for a variety of reasons in the court.As the Report noted
often witnesses or defendants either do not attend or are not produced by the DPRS and the MPS.
There are obvious difficulties for defendants and witnesses who travel from the islands due to thegeographical nature of the country. Apart from institutional deficiency, transportation cost, affordability and climate have a direct bearing on the efficiency of the Court.49
In instances where witnesses and defendants do eventually attend, there is further pressure on thesystem to deal with the cases,and this creates last minute and urgent demands upon the PGO to provide
a prosecutor to cover that case. Due to this, prosecutor may be dispatched to cover the case on short
notice, inevitably affecting performance for lack of preparation.50 According to the Report there wasevidence that it is not unusual that as many as 50 per cent of the hearings listed for a day result in
adjournments.The Report recommends need for a “user-centric”instead a “court-centric”scheduling/
listing practices (set joint targets to reduce adjournments).51

V. JUDICIAL SERVICE COM MISSION
The Judicial Service Commission (JSC) is an independent institution established on 4 September
2008. The JSC is empowered to investigate complaints about the judiciary and to take disciplinary
action,including recommendations for dismissal,to make rules regarding schemes for recruitment andprocedures for the appointment of judges,to establish ethical standards for judges,to provide for suchmatters as are necessary or expedient for the exercise, performance and discharge of the duties andresponsibilities of the Commission, and to advise the President and the Parliament on any matter
regarding the administration of the courts.
To date,due to its composition52 and their political affiliation,the JSC seems to be very ineffective,
In addition, recently its orders have been stopped by the courts.This shows that the JSC is incapableof carrying out its functions due to the courts intervention to its works.
As the HRCM noted,the JSC is constantly being accused and criticized by media and NGOs as wellas persons within the judiciary for failing to work towards the independence of the judiciary,and forits lack of proper procedure and transparency.53

VI. DEPARTM ENT OF PENITENTIARY AND REHABILITATION SERVICES
Prisons in the M aldives are operated by the Department of Penitentiary and Rehabilitation Services(DPRS)under the M inistry of Home Affairs.In the Maldives one of the main reasons of the recent highcrime rate and homicide rate is due to failure to enforce sentences for convicts.The Report on Causes
for Increase in Incidents of Crime54 noted that failure to enforce sentences for more than 500 convicts
loose in society was among the main reasons for the rise in criminal activity in the Maldives.Criminals
who were sentenced to life imprisonment for murder are also seen roaming the streets.In addition,the
DPRS is recently not following court orders,which has reached a very alarming magnitude.According
to this research the DPRSʼ
s ineffectiveness is due to a shortage of human resources,inadequate prison
facilities, funding and strategic action plans.

48 Ibid, Recommendation 13.
49 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office, above n. 22, at 25.6.
50 Ibid.
51 Capacity Development Needs Assessment of the Prosecutor Generalʼs Office, above n. 22, Recommendation 14.
52 Constitution 2008, art 158.
53 ISSUES FOR CONSIDERATION WHEN COMPILING THE LIST OF ISSUES on the Initial Report of M aldives underthe International Covenant on Civil and Political Rights (May 2011)at 23.
54 HRCM, Report on Causes for Increase in Incidents of Crime (2009).

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Former President ofthe HRCM said that the operations ofthe DPRS,which is tasked with enforcing
prison sentences, have deteriorated. He also said that the main national prison, in Maafushi, waseffectively under the control of the inmates.55
Prison reports heavily criticized the Government for the ineffective detention facilities for juveniles
as they found that juveniles were held in same cells as adult prisoners.56 However the Government isrecently taking steps to hold juveniles in separate detention facilities.
A Report on prison conditions, published by the Human Rights Commission of the M aldives(HRCM )in January 2007, noted that conditions in the prisons are generally poor.However comparedto January 2007, the whole prison environment is being improved under good supervision of prison
officers.The DPRS has managed to establish a good prison system between 2006 and 2008.Due to theabsence of prison legislation and a strategic action plan to sustain the existing capacity and prison
system, the whole prison system collapsed in March 2009.57
The Prison Assessment and Proposed Rehabilitation and Reintegration of Offenders Report has
made a number of recommendations to address prison problems in the Maldives. The Report recommends strengthening the infrastructure and capacity building of prison staff and management.58 It also
recommends strengthening the database and documentation of records maintained by the DPRS.
According to the Report the DPRS will need to keep adequate data on arrests and releases,re-offenders
and the escaped and escapees in a properly managed database. In addition, the inclusion of theoffendersʼfingerprints in the system could also be effective for monitoring purposes.59 Furthermore it
recommends establishing rehabilitation programmes in prisons.60
According to the Report information sharing,storing and collecting is in dire need of reform.The
data collected from the AGO, the PGO, the M PS, the Criminal Court and the DPRS reveals that, themethod in which criminal databases are maintained and the manner in which criminal data is reported
differ significantly and are thus deeply flawed.61 The Report also noted that the existing parole system
lacks properly formulated procedures, transparency as well as adequate monitoring of parolees.62
The Maldives is also taking steps to improve prisons and its facilities, although these steps arehindered by significant capacity constraints. Draft Prison Rules are currently under development toimprove prison conditions. In addition, the Prison and Parole Bill, is believed to be an important
instrument in improving the current situation in prisons. This bill is expected to modernize andrationalize the prison system, placing a higher emphasis on rehabilitation.

VII. PARLIAM ENT
According to the Constitution “The legislative authority of the Maldives shall be vested in the
Peopleʼs Majlis［Parliament］.”63 The Parliament has the power to amend the Constitution, enact
legislation and amend or repeal any laws.
Under art 92 of the Constitution “
A Bill passed by the Peopleʼ
s Majlis shall become law when
accented to by the President”.64 However works within the Parliament are believed to be to be chaotic
55 “Urgent action needed to combat rising crime, says HRCM ”Minivan News (online ed, M aldives, 1 April 2009), seewww.asiapacificforum.net/news/maldives-urgent-action-needed-to-combat-rising-crime-says-hrcm.html>.
56 Republic of Maldives, Common Core Document, Forming Part of the Reports of States Parties (16 February 2010),

http://www.ccprcentre.org/doc/HRC/Maldives/HRI.CORE.M DV.2010 en.pdf>.
57 Ibid.
58 United Nations Development Programme in the Maldives and the Government of M aldives, Prison Assessment andProposed Rehabilitation and Reintegration of Offenders Report (2011)at Recommendation 10 at 27 http://www.undp.org.
mv/v2/publication files/4e649d60b9b4a.pdf>.
59 Recommendation 7 at 26.
60 Recommendation 4 at 26.
61 Ibid. at 19.
62 Ibid.
63 Constitution 2008, art 70.

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to the point of stalemate,due to political divergences and to the fact that most of the members are nottrained in parliamentary work.There is complete lack of will among the members towards their work,and this amounts to a severe shortcoming of the parliamentary system.
The HRCM member Abdul Kareem said the Parliament should give due consideration to the HRCM
reports by debating them on the Parliament floor:“Every time someone is knifed on the street, Majlis
goes into alert. They will have debates and petitions will be submitted. But it will fade away after a few
65days and nothing is done.”The criminal justice system would not be efficient without the support of the Parliament.There are
a number of bills regarding the criminal justice system which are yet to be passed by the Parliament,such as the Penal Code Bill,Evidence Bill, Legal Aid Bill,Juvenile Justice Bill and Prison and ParoleBill.

64 Article 92.
65 “Urgent action needed to combat rising crime, says HRCM ”Minivan News (online ed, M aldives, 1 April 2009), at

http://www.asiapacificforum.net/news/maldives-urgent-action-needed-to-combat-rising-crime-says-hrcm.html>.

86