Prosecutor General Hussain Shameem has said the office does not have any discretion or jurisdiction in the recent release of former Vice President Ahmed Adeeb and former Maldives Marketing and Public Relations Corporation (MMPRC) Managing Director Abdulla Ziyath.
Shameem said that despite concerns and frustration, the office does not have any role in intervening in the government's decision.
The two were released under the Pardons and Clemency Act in accordance with the Article 115(s) of the Maldives Constitution, at the discretion of the President.
President Ibrahim Mohamed Solih's decision to pardon the two has been met with strong criticism from the legal fraternity and general public.
Shameem, while writing on his personal blog said the Prosecutor General's office cannot practice any discretion in any stage of the pardons extended by the presidential discretion under the Act.
"There is no one representing the Prosecutor General's Office on Clemency Board. PG Office's discretion does not extend to the court verdicts on cases. Whether the culpable party serves their time in jail or house arrest do not need to be validated or permitted through the PG Office, that discretion and the respective accountability of it, lies with Maldives Correctional Service," Shameem added.
He also noted that the state did not, nor is it required to, seek opinion of the PG Office in providing clemency for Adeeb and Ziyath. Shameem highlighted that the current legal system provides significant discretions to the president in extending clemency.
Shameem further said that it was not the role of the PG Office to question how the discretions are used by the Executive either.
"As a member of the general public, and as an individual working in the judiciary, the frustration and concerns on the matter are not trivial. However, the prosecutor general can either express concern, frustration, contentment, or consent only if the law provides space for it," he added.
The incumbent PG also highlighted that when the legislation on pardoning and sentence reduction was drafted in the parliament, the Prosecutor General was excluded from having any role in the process. He stated that it must be presumed that this was done with the aim of achieving a specific goal.
"The public frustration on the matter can only be remedied through the parliament. I do not doubt that the parliament will reform the law based on the public feedback and worries," Shameem expressed hope for progressive legal reform.
Shameem opined that the best option was to annul the policy on clemency. He further said that should the policy prevail, it should be rectified to ensure convicts service three-fourths of their sentences; meaning criminals serving a 20-year sentence should serve 15 years before receiving pardons.
Although the Clemency Act do not provide pardoning for serious indictable offenses, there is still legal scope for sentence reduction on them while the maximum reduction period has not been legally prescribed in the act; which means that a 25-year jail term could be reduced to a week.
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