Biggest obstruction to investigation process is suspects

Minister of Home Affairs Dr Mohamed Jameel Ahmed has said that the right to silence stipulated in the Constitution of the Maldives is different from the same right in other countries, posing several problems during the investigation process of crimes in the Maldives.

While speaking at a function held at Iskandar Koshi on Tuesday night to mark the 41st Anniversary of the Department of Penitentiary and Rehabilitation Service (DPRS), Dr Jameel said that in the laws of other countries, people’s right to silence is described in detail; whereas in the Maldives, it simply states that suspects can remain silent throughout the investigation process.

He said that sections 33 to 38 of the UK’s The Criminal Justice and Public Order Law are about the right to silence. Moreover, where irrefutable evidence exists against a person that he committed a crime, adverse inferences may be drawn if he chooses to remain silent during the prosecution process.

The Home Minister said that with the new Constitution which came into effect in 2008, citizens’ rights are greatly protected - making the process of proving people guilty of crimes rather troublesome.

Referring to the shortcomings Penal Code, Dr Jameel said that the Penal Code came into effect in 1960, and that several of its sections are now obsolete.

He noted that the Penal Code stipulates fine of MVR150 as the penalty for many crimes, and said that today, MVR150 is not enough even to have a good breakfast at a cafe.

He said that people of a well-disciplined society may stay at home when put under house arrest, but this is not the case in the current Maldivian society.

Similarly, he said that exile was a form of punishment when transport and communication methods were poor and difficult, but it does not serve well as a form of punishment today.