No more indefinite detention; issues now with court delays

Prosecutor General Hussain Shameem stated today that resolving the current issue regarding detention until the conclusion of trials is not within the jurisdiction of the Prosecutor General's Office and added that the problem lies in the delay of the trial proceedings in the courts.

On Monday, a protest was held near the parliament secretariat calling for an end to the practice of 'indefinite detention' pending trial. Opposition Maldivian Democratic Party (MDP) South Hithadhoo MP Ibrahim Nazil raised concerns over the large number of people still serving indefinite detention and questioned the Prosecutor General at the parliament's Judiciary Committee.

In response, PG Shameem stated that the Prosecutor General's Office did not wish for the accused to remain in detention until the conclusion of trial, but that it was a requirement under the Criminal Procedure Act.

Shameem explained that requests for remand are made in relation to crimes specified under the Act. If the offenses do not fall within those specified categories, the courts cannot be requested to remand the accused in detention.

"There are categories stipulated in the law. And then there are cases which may pose dangers to the community, and in such cases, these categories are not referred to. Therefore, with the changes in law, you decide whether people charged with drug cases should be detained," PG Shameem said.

"Or, state in the law that people involved in child abuse cases should not be detained pending trial. If the law states that, we will enforce it," Shameem added.

PG Shameem said that in reality, "indefinite detention" is not a good practice and that it is not being implemented now. Shameem attributed this to the Criminal Procedure Act, which requires a timeframe for the completion of each trial, ensuring that the trial must be conducted according to that schedule. Therefore, the accused can predict the timeframe of their trial and its conclusion date.

However, Shameem highlighted that court cases were not being proceeded according to this, and courts do not make schedules for trials. A letter had also been sent to the courts asking for the same, he said.

Shameem emphasized that the issue of indefinite detention pending trial should not be resolved by parliament or the PG office, and it is also not under the court's purview. Instead, he said, if the courts function properly, there will be no such issue.

"If you give the schedule of the trial, there is no 'indefinite detention.' According to the law, trials can be completed and concluded within six months to one year. I also believe that there are too many cases in the court and resources are scarce. Remedies need to be administered to this in other ways," Shameem said.

"If the courts conduct the trials, there will be no indefinite detention. The issue is that the court does not conclude the cases," he said.