Baarah constituency MP Ibrahim Shujau of People's National Congress (PNC) has said that amending the Criminal Procedures Act to allow release on bail poses benefit to the opposition, Maldivian Democratic Party (MDP).
Baarah constituency MP Ibrahim Shujau of People's National Congress (PNC) has said that amending the Criminal Procedures Act to allow release on bail poses benefit to the opposition, Maldivian Democratic Party (MDP).
Shujau made these comments while speaking in today's debate on an amendment proposed by the government to the Criminal Procedures Act which would allow convicted criminals to be released on bail until completion of the appeal process.
Shujau said that Progressive Party of Maldives (PPM) had strongly advocated for this when the investigation was ongoing in former President Abdulla Yameen's case. He pointed out that MDP had brought about no such amendments then when MDP had held parliament majority.
In response to the wishes of the public, President Dr Mohamed Muizzu had pledged to amend the law to allow release on bail, Shujau said. He stated that the government bringing about this amendment at a time when MDP was in opposition shows the sincerity and good intentions of the government.
"It is definitely MDP who will hope that they will reap the benefits of a bail Act," Shujau said.
Shujau said that the most talked about issue at present is corruption that had been conducted in companies during the previous MDP administration. He said that some of those involved would be pressed charges against, and if proven guilty, they may end up imprisoned.
Even in such an instance, there is hope for even these people, he said, once a bail Act is established. He highlighted that this is a concession that OOM did not have in 2018.
"I will say this as an example. If someone who runs for presidency from MDP ends up jailed, they too have some hope once President Dr Muizzu brings about the bail Act today," he said.
Shujau went on to say that while many individuals remain in indefinite detention or without receiving justice, this amendment to the law would bring about a solution to this issue as well.
As per the current Criminal Procedures Act, bail is only applicable to suspects arrested in a case, and not to those who are convicted of a crime.
Ruling People's National Congress (PNC) MP for Manadhoo constituency Husnee Mubarak proposed an amendment which states that if a sentence is appealed, then the convicted person can be released on bail until the appeal process is completed. However, it is specified that this does not apply to major crimes such as murder, child sexual abuse, and drug trafficking.
The amendment states that bail must be granted in the instance that there is an acceptable basis on the appeal case, the bailee agrees to abide by conditions set by the court, and when the applicant proves that there is no reason to continue holding them in custody.
The bill further states that those who have been ruled guilty from lower courts can also be released on bail until their sentencing hearing. However, this can only be done when proven that releasing them on bail is important to the process of serving justice.
It goes on to say that even when released on bail, conditions can be set where the individual is not allowed to travel outside the area, must be present at court at defined times, and must not communicate in any form with persons related to the case.
The first time in Maldives that bail was granted to convicted individuals was in 2018 to former President Maumoon Abdul Gayoom, former MP for Dhiggaru constituency Ahmed Faris Maumoon, and Jumhoori Party leader and MP for Maamigili Gasim Ibrahim who were in prison at the time.
High Court released the three of them on bail until the completion of the appeal cases that they had submitted.
However, later on, the High Court decided that convicted persons cannot be released on bail during the appeal process as there are no existing laws allowing or detailing this.
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