Murder evidence trampled in secret meetings with lawyer and family, says judge

Criminal Court Judge Muhuthaz Muhsin has said that it is common practice for persons accused of murder to meet in secret with his family and lawyers inside the detention centers to plans ways to interfere with evidence.

The Criminal Procedure Bill has been amended with due consultation with the Prosecutor General’s Office, to withhold the right of an attorney from a person accused of murder, for 36 hours.

However, at an official discussion of the Criminal Procedures Bill between judges, police and the Human Rights Commission of the Maldives (HRCM), commission member Jeehan Mahmood argued that a person accused of a crime in which he does not have the right to remain silent, cannot also be derived from the right to attain and retain a lawyer.

In answer to Jeehan’s statements, Judge Muhuthaz Muhsin said that in 80 percent of murder cases, interference with evidence is planned and executed during secret meetings held by the accused. He said that this practice is most evident to the police, who work tirelessly to gather evidences, but to no avail.

“In 80 percent plus murder [cases], evidence disappear in secret meetings where lawyers and family members together intimidate witnesses. This has been talked about. This is how it practically happens,” said Criminal Court Judge Muhuthaz Muhsin.

High Court judge Abbas Shareef said that it is common practice in many countries around the world to withhold the fundamental rights of people accused of heinous crimes. Withholding a person’s right to meet their family or a lawyer for a period of 3 days is common practice, he said, and in some countries, it is possible for the authorities to conceal the detainee’s location from the person’s family for days.

“In places like the U.S., they [the accused] will not be allowed to meet [lawyers, family members]. There are countries where they [the authorities] do not have to inform the family of his whereabouts for 72 hours,” the High Court judge said.

The Criminal Procedure Bill currently does not allow persons accused of heinous crimes (crimes in which a person does not have the rights to remain silent) to meet with lawyers or family members within 36 hours of his arrest.

Crimes in which "a person does not have the right to remain silent" are defined as murder, assault causing serious harm, assault resulting amputation, terrorism, kidnapping, rape, sexual abuse of children and counterfeiting.

The Criminal Procedure Bill also requires a person arrested for a heinous crime to comply with the authorities in providing his fingerprint, signature, handwriting, urine samples, DNA and other required samples, for the purposes of the investigation.