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Maldives AG dismisses legal vacuum concerns over key sunset laws

Mohamed Visham
18 July 2016, MVT 10:30
Attorney General and actin home minister Mohamed Anil (C) pictured during a press conference. MIHAARU PHOTO/MOHAMED SHARUHAAN
Mohamed Visham
18 July 2016, MVT 10:30

Attorney General Sunday moved quickly to dismiss concerns over seven key sunset laws creating a legal vacuum, insisting that the laws would not cease to have effect.

First Amendment Bill to the new Penal Code was ratified in April 12 last year. The amendment came into effect from July 16 containing seven key laws in Article 18 of the penal code.

Anti-torture Act

Special provisions Act to deal with child sex abuse offenders

Law on Prohibiting Threatening and Possession of Dangerous Weapons and Sharp Objects

Drugs Act

Prevention of money laundering and financing of terrorism act

Sexual offences Act

Anti-human trafficking Act

According to the amendment the Attorney General’s office must review the regulations under the seven laws and decide on extending the respective laws within a year.

Mihaaru understands that the AG office is yet to make a decision over the extensions which means the six laws have now ceased to have effect from Saturday.

Prominent attorneys believe that the government’s failure to decide on the extensions means the laws have now ceased to have effect.

However, deputy AG Ahmed Usham dismissed concerns over a possible legal vacuum.

"The penal code clearly states that a decision has to be made over the laws if they are being annulled. But it doesn't obligate us to do anything if we wish to continue with the laws after the specified period. So the laws would not cease to have effect. There would be no legal vacuum," Usham explained.

Maldives adopted the new penal code in July last year repealing a law written in 1968.

The landmark law has been hailed as one that is compatible with both the Islamic Shari’ah and international human rights standards. The penal code came into into effect nearly ten years after it was first drafted and despite efforts by the judiciary to overhaul it.

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