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1,790 legal counsels, 77 bills over two years: AG Riffath

Mariyam Malsa
12 November 2020, MVT 15:46
Attorney General (AG) Ibrahim Riffath revealed that the AG Office had provided legal counsel in over 1,700 instances . PHOTO: MIHAARU
Mariyam Malsa
12 November 2020, MVT 15:46

Attorney General Ibrahim Riffath, on Tuesday, revealed that the Attorney General's Office provided legal counsel to state institutions on 1,790 instances and submitted 77 bills to parliament.

Speaking at a programme broadcasted by Raajje TV to mark the two-year anniversary of the incumbent government, the Attorney General highlighted the AG Office's achievements in fulling its mandate of providing legal counsel to government institutions throughout their respective efforts to carry out projects, sign loan agreements or submit bills to the parliament.

"Overall, I would say that, considering the low number of workers and lack of resources, we have achieved considerable success", stated Riffath.

In this regard, he acknowledged the hard work of the AG Office staff, especially noting that the efforts were carried out by a team consisting of only 34 lawyers.

Asserting that swift and efficient functioning of the AG Office was crucial to the government, Riffath went on to reveal that several internal measures were introduced to streamline and expedite administrative functioning. He noted that AG Office lawyers were categorized under divisions which were tasked with handling specific issues while certain senior lawyers were appointed as supervisors.

Further reviewing the progress attained over the past two years, the Attorney General stated that the previous approach of denying and defending government mistakes during court proceedings was reversed. Riffath noted that since 2018, any violations of regulations committed by state institutions are acknowledged, with the body then being instructed to address the issue.

Riffath particularly highlighted ongoing proceedings at courts and oversight bodies concerning unfair dismissals from the previous administration. He assured that state institutions are required to rectify such matters, provided that the grounds for dismissal were insufficient.

The Attorney General expressed his belief that several people had attained justice in this regard.

Major legal changes over the last two years

Regarding the considerable changes initiated by the incumbent administration since 2018, AG Riffath emphasized alterations to policies concerning the handling of criminal cases following 10 years in which no amendments were introduced.

Noting the numerous difficulties faced due to the previous practice of allowing confidential testimony in all types of criminal cases, the Attorney General stated that such testimony could now only be accepted in relation to major criminal offences such as murder, gang-related crimes and terrorism.

Furthermore, Riffath stated that the AG Office attempted to address the infringement on the rights and freedoms caused by detaining suspects until the conclusion of their trials. He stated that the practice considerably infringed on the rights and freedoms of people. According to Riffath, the current policy mandates the Prosecutor General to review such cases every 30 days in addition to reviewing court decisions to keep individuals under detention for the duration of their trials.

AG Riffath also noted that changes to juvenile justice maximised child welfare through the prioritisation of non-custodial and diversion measures. These changes were brought through the ratification of the Juvenile Justice Act and the Child Rights Protection Act.

Progress on the state's legislative agenda

Attorney General Riffath revealed that the government's overall legislative agenda consisted of 201 bills, out of which 77 have been drafted and passed till date.

He highlighted the Legal Professions Bill, the Whistleblower Protection Act, the Income Tax Act, amendments to the Decentralisation Act and the Presidential Commissions Act.

According to Riffath, the AG Office was currently working to draft the remaining bills, including a Civil Procedure Act as well as a bill concerning transitionary justice, which will facilitate the investigation of state misconduct during previous administrations.

Furthermore, the Attorney General remarked on successes in strengthening Maldives' alternative dispute resolution mechanisms over the last two years. He stated that the Arbitration Centre established in 2013 was operationalised while Maldives also joined the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards as well as the UN Convention on International Settlement Agreements resulting from Mediation.

In terms of progress regarding the administration's commitment to upholding human rights, AG Riffath highlighted that Maldives removed reservations to Article 16 of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and submitted a declaration concerning the United Nations Convention against Torture. Riffath further noted the ongoing process to seek parliamentary approval for Maldives to sign the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR).

Judicial reform

Riffath asserted that the incumbent administration has initiated several efforts to fulfill its electoral pledge of judicial reform.

He specifically highlighted the amendment brought to the Judicial Service Act, which altered protocols pertaining to investigations against judges and strengthened the complaint submission framework.

Citing an increase in complaints, Riffath asserted that the aforementioned measures boosted public trust in the judicial system. As per the Attorney General, although only nine complaints were lodged with JSC in 2018, a total of 114 were submitted in 2019. He added that for 2020, JSC had received 312 complaints till date.

The Attorney General went on to emphasize the historic milestones represented by the appointment of female judges to the Supreme Court and Criminal Court . He highlighted that the president of JSC and the Chief Judicial Administrator are also women.

Expressing hope that this trend would continue, Riffath stated that the presence of women starting from magistrate courts to the Supreme Court was proof that female participation was being prioritised in the judicial sector.

Overall, the Attorney General stated that the government attained overwhelming success over the past two years, with goals and targets clearly defined under a Strategic Action Plan (SAP) which was compiled to to fulfill the pledges made to citizens.

He particularly described the government's continued effort to fulfill its pledges amid the COVID-19 pandemic pledges as a considerable success, and declared that the incumbent administration's commitment to transparency and accountability was unprecedented.

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