Govt drafts bill to sack gang members from jobs and block future appointments

The government has drafted a bill proposing to identify gang leaders and members and to sack them from government jobs as well as prevent them from contesting in elections.

The bill on gang crime prevention was drafted by the Ministry of Homeland Security and Technology, and sent to the Attorney General's Office.

In the bill, it determines who gang leaders and its members are, and also details the characteristics of gangs. According to it, gangs may draw graffiti or signs in a specific city, island, lane and area such as a park indicating that the area belongs to them, or spend a lot of time in that specific area.

It also stated that police records indicate that individuals who frequent such areas might believe they are receiving instructions on how to conduct themselves. Additionally, the records suggest that more than one regular visitor to the area may have a criminal record or a history of repeated offenses. Moreover, these individuals may engage in activities that are contrary to public and social norms, potentially causing unrest in the area.

Some characteristics of gang members as detailed in the bill include individuals who admit to being a gang member, those who have a tattoo or insignia associated with criminal gangs, and receive a material benefit from a gang leader or member.

Gang leaders on the other hand, are defined as individuals who manage and supervise the resources and activities used to conduct gang activities, while possessing decision making authority.

A person who has authority over another gang member and has confessed to a police investigation that they are a gang leader is also considered a gang leader, the bill says.

The bill also includes clauses to stop clubs, associations and businesses operating in the name of criminal groups. As such, it prohibits the registration of legal entities using the name of a gang or part of the name defined in the act.

Additionally, anyone in public employment who has been identified by the constituent committee as a gang member has to be terminated from employment and cannot be hired for further public employment.

The bill also says that anyone who holds office as an elected official will lose their job as soon as they are declared a gang member, and should not be allowed to contest in further elections.

Authority granted by the amendment

- If a vehicle is used for gang activity, it can be taken into custody for 90 days without a court order

- The power to arrest a gang member without a court order if there is reasonable grounds to believe they may commit a crime.

- Power to search and photograph people without a court order

- Power to search the premises of a location where an arrest is made if there is suspicion that there is evidence related to the crime on the scene.

According to the bill, even if a business is not registered to a gang or gang member, there are instances where authorities have the right to confiscate property. This includes instances where police intelligence has received information that a portion of the proceeds from a business goes to a gang or its leader and that this income is used to fund or encourage criminal activity. As such, the bill also provides a legal pathway to confiscate property or money obtained from criminal activities.

The amendment also narrows down their constitutional right to remain silent, and does not allow suspects to be released on bail or parole, while also entirely restricting the possibility of them being pardoned or given a smaller sentence.

It also includes issuing MoniCon orders and tagging individuals identified as gang members, as well as punishments such as imposing heavy fines upto MVR 1 million for gang members and their associates.

MoniCon orders are orders issued by the High Court upon the Homeland Ministry's request and the tags on individuals who have such an order against them would enable the government to monitor their activities.