The Maldives Police Service is reviewing the legality of a number of arrests made under article 46 of the constitution, after the Criminal Court ruled last night that the arrest of Gassan Maumoon, son of former President Maumoon Abdul Gayoom, was unlawful.
Police Sub-Inspector Ahmed Shiyam explained that police were studying the cases to determine whether the arrests were lawful in light of the Criminal Court precedent, and considering releasing the suspects.
Chief Judge Abdulla Mohamed ruled last night that Gassan was arrested in violation of article 46 of the constitution and a Supreme Court precedent establishing criminal justice procedures.
Article 46 states, “No person shall be arrested or detained 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 is about to commit an offence, or under the authority of an arrest warrant issued by the court.”
Gassan’s lawyers argued at court that as the former President’s son was taken into custody without an arrest warrant after he was summoned for questioning, the circumstances of his arrest does not fit the exceptions provided for in the constitution where suspects could be arrested without a court order.
Sub-Inspector Shiyam however said there were “dangerous criminals we have arrested following the same procedure for committing offences such as child molestation, drugs and assault and battery.”
Police were currently reviewing the cases of “over 300” suspects to determine if their arrests were constitutional, he said.
Responding to the legal arguments from Gassan’s lawyers at the Criminal Court hearing yesterday, Police Superintendent Mohamed Jinah said if Gassan’s arrest was unlawful, “every one police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”
Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence for an extension of detention.
Speaking to Minivan News today, Progressive Party of Maldives (PPM) Spokesperson MP Ahmed Mahlouf said the police statement was intended to “put the lid on Gassan’s arrest,” which he said had drawn public anger towards the government.
Mahlouf noted that only the Criminal Court, High Court or Supreme Court could order the release of suspects held in remand detention and “not the President’s Office or Home Ministry.”
“And the only way to change a Criminal Court ruling is to appeal it at the High Court,” he said, adding that the Supreme Court precedent in July 2010 established that only the Prosecutor General could file such appeals.
The PPM also filed three complaints at the Police Integrity Commission (PIC) regarding Thursday’s disturbances, Mahlouf said, which involved the police reaction to the MDP protest outside the Supreme Court and police failure to intercede when MDP activists damaged the property of the former President.
The party also filed a complaint about the summons chit sent to Gassan Maumoon, he continued, which he argued was “unlawful” as the former President’s son had exercised his right to remain silent when he was first summoned on Saturday.
The PIC had invited PPM members for a meeting regarding the complaints at 12:00pm tomorrow, he said, adding that the commission had formed three committees to investigate the matter.
Two activists of the ruling Maldivian Democratic Party (MDP) arrested for their involvement in disturbances outside the former President’s residence, Endherimaage, last Thursday were meanwhile released from custody today.
The Criminal Court yesterday approved a five-day extension of detention for MDP activist Ilham. Following his release last night, Ilham’s lawyer Abdulla Haseen said Gassan was arrested on suspicion of endangering a person’s life while Ilham was arrested on suspicion of damaging personal property during Thursday’s protest.
But, said Haseen, while Ilham was handcuffed and had his detention extended by the court, Gassan was treated very differently.
Supporters of the former PPM attacked Housing Ministry’s State Minister Dr Mohamed Shareef yesterday when he arrived from a conference in Bandos while PPM activists were demonstrating outside the police headquarters.
Sub-Inspector Shiyam said today that no arrests had been made yet in connection with the attack, footage of which was shown on Villa Television yesterday. The PPM supporters also stormed into the Home Ministry and met with senior officials to complain of Gassan’s arrest.
No-confidence
President’s Office Press Secretary Mohamed Zuhair meanwhile told Minivan News that in the wake of yesterday’s Criminal Court ruling, “all the arrests made in the past using the same procedure will be unlawful.”
Zuhair revealed that a team of senior police officers met with Prosecutor General (PG) Ahmed Muiz today to discuss the implication of last night’s precedent.
“He did not speak on the issue and rather questioned the police about some past incidents that he asked police to investigate and told the police to leave the PG Office immediately,” Zuhair said.
Following the actions of the PG, said Zuhair, the executive believed the government could no longer work with him.
“We will file a no-confidence motion against him [in parliament] very soon,” he said.
PG Muiz was unavailable for comment today.
PPM Spokesperson Mahlouf said the party would do “everything we can to save the PG” and such targeting of independent institutions the government was displeased with was “unacceptable.”
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What a mess, Maldives.
of course it is a mess. We had 30 years on dictatorship and now another 4 years of anarchy.
With imbeciles like this around what can we expect. We have jumped from the frying pan into the fire.
All should be equal in front of the law but unfortunately The Police has been politicised. Before it was for Gayoom and now it is for MDP.
If they had stopped this riot in front of Enderimaage none of this would have happened.
It is time for a People Power and a Maldivian Spring. Neither Party is good enough to rule this country. We should get rid of the whole lot.
Why can't Maldivians just get together and protest those ghastly police uniforms already?
What in the world is wrong with these people?? And since when did the Police Sub-Inspector's post become a political one? You're going to release 300+ criminals into the very society you have vowed to protect just because your political ego was hurt??
And the exemplary executive. PG doesn't need to be unconditionally faithful to you, even when he sees you do wrong! This government is an utter failure and I regret having ever supported you!
The Maldives Constitution 2008 apparently does not provide any exception as such to the arrest of a person found committing or having committed a crime. Instead, it lays down the circumstances under which an arrest is constitutional or permissible. It says, "UNLESS the arresting officer finds a person committing a crime or has reasons or evidence to believe reasonably that a person has committed or is about to commit a crime or under arrest warrant from a Court of Law, no person shall be arrested or detained". In the arrest of Ghassan of the former President Maumoon Abdul Gayoom, it is said that there are witnesses or video clips according to which he was found on the building from which a 5ft long chunk of wood was dropped into the protesters on the road outside that building. If this were not sufficient or reasonable evidence to believe that he had committed a crime what could be reason or reasonable evidence for his arrest?
SHIYAM!
WHY YOU NO RELEASE ALL CRIMINALS???!!!
Of course, the Criminal Court decision in Ghassan v. Maldives Police Service renders all arrests made under Clause 46 of the Maldives Constitution 2008 unconstitutional and unlawful. The application of law, and court decisions are a source of law, to everyone is the same whether one has claimed the legal rights or not. Incidentally, it is Ghassan who claimed his arrest was unlwaful and the case of others will follow from his. Under the circumstances, the Police shall not free Ghassan before all those who are arrested similarly are.
@Maria
I agree!
The right of silence, if exercised, would incriminate the person depending on the circumstances. Suppose he is silent to a question that requires facts of innocence, this would mean that he has none to offer in his defence. On the other hand, if he were asked to give details of his sexual life where they are unrelated to the case, the right of silence would not affect the case. When we decide to be silent, therefore, we should know what we are doing or what effect it would have on the case.
Article 46 states, “No person shall be arrested or detained 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 is about to commit an offence, or under the authority of an arrest warrant issued by the court.”
Isn't OR the key word here? The arresting officer has to witness the offence, OR, must have probable grounds for suspicion OR have an arrest warrant.
from the number of witnesses who have come forward about Gassan, there appears to be more than probable grounds for suspicion.
Why is then an arrest warrant ALSO needed?
I am not a lawyer, but if our eyes are open it's not difficult to see the bleeding obvious.
Those part-time evening law classes in Singapore mustn't be teaching at too high a standard, if this is the argument Azima Shakoor came up with.
That Judge Abdulla Mohamed would see nothing wrong in this is hardly suprising.
I am going to throw up.
there is no rule of law in the Maldivian court system, everyone knows that.
WTF
God bless idiocracy! Hallelujah!
Our courts are not transparent and sincere. Its got corrupt people working for the government and for the opposition. Sometimes the MDP and his allies win through the court and at the other times the oppositon and his allies win through the same court system. Each blame the courts everytime a person from the oppsoite side wins. Why is MDP is so yelling this time when Ghassan is freed? We have seen so many culprits of MDP released by the same court system. I think Maldives now need a military court independent from the power of the government and the opposition.
yes release them all, and give all our natural resources to all the cronies, and get the parliament to get a bill passed for 99 year lease......even our grandchildren will not be able to have access to our limited resources.....
Police have the responsiblity to safegurd our nation and the people and you guys have taken the oath to protect and serve. Not only to protect the Anni but the people of Maldives.
I see the Police becoming another political party now