Police to release 11 suspects in light of Criminal Court ruling

The Maldives Police Service has decided it would no longer detain suspects arrested without a warrant on suspicion of having committed an offence after Criminal Court Chief Judge Abdulla Mohamed ruled Monday night that the arrest of Gassan Maumoon violated article 46 of the constitution.

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.”

The legal team of the former President’s son argued at court that a Supreme Court ruling (page 11 point 11) on July 11, 2010 – which overturned a High Court ruling extending the arrest of MPs Abdulla Yameen and Gasim Ibrahim for alleged bribery – established a precedent for interpreting article 46.

Gassan’s lawyers contended that his arrest did not fall under the exceptions provided for in article 46 where a suspect could be taken into custody without an arrest warrant.

Responding to the legal argument at court, Police Superintendent Mohamed 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.

In a press statement released today, police noted that before Monday night’s ruling the Criminal Court had not followed the criminal justice procedure established by the Supreme Court ruling for suspects taken before the court since July 2010.

Article 48 of the constitution states that suspects must be brought within twenty-four hours before a judge, “who has power to determine the validity of the detention, to release the person with or without conditions, or to order the continued detention of the accused.”

Police therefore decided to only detain suspects arrested from the scene of the crime or after the arresting officer observed the offence being committed.

“Eleven suspects in police custody have now been released,” the statement revealed. “However they do not include people detained from the scene of the crime or while committing the crime. The [police] service has done this in order to enforce court verdicts with fairness and equality and to ensure that such an incident is not repeated before the constitutional problem is resolved.”

Police were consulting with the relevant authorities to resolve the constitutional dispute, it added.

Meanwhile, the Criminal Court issued a court order today demanding that police answer to the release of two Maldivian Democratic Party (MDP) activists released from custody after the court extended their detention.

The activists were arrested for their part in disturbances outside the former President’s residence, Maafanu Endherimaage, which resulted in damage to private property.

Police Sub-Inspector Ahmed Shiyam told Minivan News today that police did not wish to comment on the matter or clarify whether the police appeared at the Criminal Court in accordance with the court order.

Local media however reported that police sent a letter in response to the court order explaining that it had the authority to release suspects after interrogation, notwithstanding an extension of detention. The letter reportedly noted that a number of suspects had been similarly released in the past.

In a statement put out today, the Criminal Court said an individual had sent a letter requesting the court take action against Police Commissioner Ahmed Faseeh as the police spokesperson Sub-Inspector Shiyam’s statements in the media claiming police were considering the release of over 300 suspects amounted to contempt of court.

Chief Judge Abdulla Mohamed was not available for comment at the time of press.

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11 thoughts on “Police to release 11 suspects in light of Criminal Court ruling”

  1. The Maldivian judicial system has gone dogs.
    There is no law and order in bloody Maldivian courts. What can expect from an uneducated bruits! After all they only know the ways of Bedouins.
    Why can’t we all get together deprive the NAJISTRATE of their bloody jobs.

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  2. The whole community does not have to suffer the corrupt decision of one party or one judge. I say, do something against these crony judges or maumoon clan first even if it is not explicitly spelled out in the constitution. Surely something can be arranged after all the military and warfare tactics they have learned at the academy ennu?

    We the people shall not be held hostage to Maumoon's personal drama! Pls do something, somebody!

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  3. again, our justice system is a joke. no wonder educated people want to leave this pathetic place.

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  4. police fellows are looking to take power of courts and challengining. police must be respect and corporate with courts.

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  5. Unless the police can stop the crimes by arresting suspects, we cannot stop the crime wave in the country orchestrated by Gayoom and his cronies.

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  6. Anni we don't want to experiment this democracy unless we can have law and order in the country. Dissolve the parliament and call for fresh elections.

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  7. ހިތާމައިގެ ކޮޅެއްނެތް. ލަކުޑިބެރިއެއް ހަވީރުން ދަނޑިބުރިއަކަށް ތިޔަބަދަލުކޮއްލީ. ލޯޔަރު ވަހީދާއި ރާއްޖޭގެ ހުރިހާ މީޑިއާތަކާއި އެއްކޮޅާއި އިދިކޮޅުގެ ހުރިހާ މީހުންނަށް ވީޑިއޯއިން ފެނުނީ މޮހޮރުޖަހާފައި ހުރި ލަކުޑިބުރިއެއް. 17 އަހަރުގެ ކުއްޖާގެ ބޮލަށް ވަނީ މޮހޮރުތައް. ކުއްޖާ އެއްފަޅި ޕެރެލައިޒްވީ. ޣައްސާނު ބެލްކަންޏަށް ވަޑައިގަތް. ލަކުޑިބުރި ވެއްޓޭތަން ޣައްސާނަށް ފެނިވަޑައިގަތް. ދެން އެތާ އިތުރު މީހަކު އެވަގުތު ހުރިތޯ ނުވަތަ ނެތްތޯ ފުލުހުން ސުވާލުކުރެއްވުމުން ހަނުހުންނެވީ. މާގަދަޔަށް ޕީޕީއެމް މީހުން ބިއްލޫރިގަނޑުގެ ވާހަކަ ދައްކާފައި 17 އަހަރުގެ ކުއްޖާ ޕެރެލައިޒްވީ ވާހަކަ ދައްކަން ބޭނުންނުވަނީ ސަބަބެއް ނެތިއެއް ނޫން. ހަވީރަކަށް ވެސް މިކޮމެންޓް ހަޖަމެއް ނުކުރެވޭނެ. ނުވެސް އަރުވާނެ. އެކަމަކު މިއަދާއި މިނިވަން ނިއުސް އާއި ފޭސްބުކް އަދި ޓްވިޓަރ އަށް މީތި އަރުވާނަން.

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  8. "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.”

    This is a good article and all the Police had to do was link this to Gassan Maumoon. Now if they cannot link it to him then it is the problem of The Police and not the Courts.
    What is the point in arresting a person if the Police has no reasonable grounds to think that this person has committed a crime?
    Why cannot The Police give reasonable grounds to the Courts to link Gassan Maumoon to the crimes he is alleged to have committed?

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  9. They came from a dictatorship, uneducated. Lets us use our powers again. maumoon. Actually he should thank us for letting him to live here after toturing this country 30 years.

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  10. the m-dives dont arrest people even after they have a warrant ! ! !

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