MPs voted yesterday 71 to 2 in favour of convening a special sitting of parliament during its recess in May, to vote on crime prevention legislation amended to include provisions from delayed bills on criminal justice procedure, evidence law and jails and parole.
On the proposal to convene parliament next Monday during the recess, Speaker Abdulla Shahid explained that as the crime bill was completed by committee only yesterday, there was not enough time to table it in today’s agenda and vote on amendments before breaking for recess.
“And since the report sent by the Public Accounts Committee after evaluating the President’s nominee for Auditor General was received today, in order to complete the matter of these two reports that will be sent to MPs today, I ask the honourable MPs to vote as see fit on whether to hold a sitting outside the normal session under section 33(c) of the Majlis rules of procedure,” said Shahid, putting the proposal to a vote.
The bill on special measures to prevent crime, originally submitted by ruling Maldivian Democratic Party (MDP) MP Mohamed Musthafa in April 2010, proposes restricting the right to remain silent and allowing judges to extend detention periods and protect state witnesses.
Following consultation with the National Crime Prevention Committee last week, parliamentary group leaders agreed to add provisions requested by the authorities to the draft legislation in lieu of submitting a new bill, which would have had to pass through a lengthy legislative process.
The additions to Musthafa’s bill were reportedly drafted by Independent MP for Kulhudhufushi South Mohamed Nasheed, who was Legal Reform Minister in the previous government.
Minivan News understands that the amended draft legislation contains a number of provisions that could violate or restrict constitutional rights, including the right to remain silent and a mandatory 15 day detention period.
If passed into law, police would be empowered to enter private property without a court order to arrest a person suspected of any of the crimes listed in the legislation or in case evidence is being or hidden.
Moreover, a person accused of any of the crimes in clause four of the bill could meet a lawyer in private only after 96 hours after the arrest, prior to which any such meeting would have to take place in the presence of police officers.
If a suspect is arrested at the scene of a crime with related evidence either on his person or at the place, the court could interpret the silence of the accused as an admission of guilt or association with the crime.
On extension of custody or remand detention, courts must consider the criminal record of the accused along with police intelligence and grant a minimum mandatory period of 15 days of remand detention.
In addition, refusal by the accused to disclose information on finances or assets considered as evidence shall be deemed an offence punishable by up to five years in prison.
The list of offences for which the above provisions shall apply are murder; death by assault; loss of a limb or organ due to assault; seriously injury caused by assault; participation in assault while possessing a dangerous weapon; presence at the crime while possessing a dangerous weapon; use of force or threatening to employ a dangerous weapon at a crime scene; involvement in armed robbery or mugging while possessing a weapon that could be used for murder; group involvement in armed robbery and mugging; robbery by breaking and entering or causing damage to property; armed robbery; crimes specified under Prohibition of Gang Crimes Act; kidnapping and holding a person hostage; blackmail; sexual abuse; trading and possession of more than three grams of illicit drugs; committing any of the above-listed crimes while under influence of alcohol; attempting, assisting or participation in any of the above-listed crimes.
“Special provisions”
The original bill meanwhile had also proposed restricting the right to remain silent in cases of threats of violence against persons or property, violent assault with a weapon, manslaughter and murder; drug trade and trafficking; possession of dangerous weapons in public; sexual assault involving two or more persons; and the crime of terrorism.
Article two clause (b) states that video footage of confessions made during police interrogation shall be admissible as evidence.
While article four enables the Prosecutor General’s Office (PGO) to seek protection for state witnesses either upon request by the witness or by the discretion of prosecutors, judges would be authorised to grant witness protection after studying detailed reasons that has to be put forward by the prosecution.
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