Clause allowing security force committee to determine gang, gang leaders removed

The clause in the Gang Crime Prevention Bill that gave the power to determine gangs, gang leaders, and gang members to a committee including the Home Minister, police, and military has been removed, instead determining the parties from within the law.

The bill initially prepared by the Ministry of Homeland Security and Technology stated that gangs, gang leaders, and members would be determined by a five-member committee consisting of the minister responsible for Police, the Police Commissioner, the Chief of Defense Force, the head of Police intelligence, and the head of military intelligence.

The initial draft faced criticism for delegating this power to a committee, citing concerns about potential political manipulation in determining gangs and gang leaders, which could lead to chaos.

However, when the bill was submitted to the Parliament under the name "Bill on Prevention of Gang Crimes and Other Dangerous Crimes," the section regarding the committee was removed.

According to the bill submitted by the government through South Machangolhi constituency member Musthafa Hussain, criminal groups or gangs must now be identified through regular investigative procedures. The Police must also prove that a particular group is criminal or that a specific person belongs to a criminal group through conventional evidence-gathering methods.

According to the current Gang Crime Prevention Act, gang leaders and members can only be designated by the courts upon prosecution by the state. So far, no one has been designated as a gang leader or member under this law, nor has anyone been punished under it. This is due to legal obstacles in proving that the activities commonly carried out by the group to which the person belongs are in fact, gang activities.

The new bill proposed by the government states that after designating an entity as a gang and identifying gang leaders or members, it is prohibited to maintain certain relationships or conduct transactions with such parties, as well as to register clubs or associations for them. The bill further states that information about gang members, including their photographs, must be made public to inform the general public and law enforcement agencies of countries with which Maldives has established diplomatic relations, for the purpose of identifying these individuals.

According to the bill, the list of gang members must be shared with relevant state institutions and law enforcement agencies of countries with which diplomatic relations have been established, and this list must be reviewed every six months.

The bill also says that no legal entity should be registered in a way that includes the name or part of the name of any group designated as a gang. To achieve this, the bill states that the Police Commissioner must share the names of gangs with relevant state authorities every two months.

The bill states that if a person designated as a member of a gang is employed in a government position, that person must be fired from the job. It also states that such individuals should not be given government jobs and will not have the opportunity to run for elected positions.

While the government drafted a strict bill to prevent gang crimes, some of the characteristics of a gang mentioned in the bill include drawing graffiti or a sign that would indicate a certain area as belonging to that party, or spending a lot of time in that area. It also states that it is an offence to have individuals who agree that they are gang members, to have tattoos or signs associated with criminal gangs, and to receive material benefits from a gang leader or member.

President Dr Mohamed Muizzu, placing high priority in curbing gang crimes, entrusted Home Minister Ali Ihusan with significant responsibilities related to this matter.