Politics

Comment: Justice unserved

04 Aug 2012, 3:15 PM
Lubna Awan
The Maldivian justice system works on a somewhat ‘He who smelt it dealt it’ routine. Criminal law, procedure or policy is drastically lacking, with personal reputation, political affiliation and physical appearance forming the basis for arrest, and in some circumstances: conviction. T
The country relies, heavily, on the two witness rule, lacks any institution dealing with forensic science and allows incompetent judges to interpret the Quran. The word ‘warrant’ does not even exist in the Maldivian criminal dictionary and ‘probable cause’ or ‘rights’ are alien concepts to local police. When one party lodges a complaint with the police, the opposing party immediately takes the role of defendant; being arrested at the police’s pleasure and held for lengthy periods of time without charge. This is what they call the ‘investigation period’ which may only be performed whilst the accused is in custody. Point the finger at someone you claim smelt it and the police will assume he dealt it.
I am not politically affiliated. My cause, more or less, has been the Rule of Law and I am not aware that any government in the Maldives, be it dictatorship or elected has gone a long way to implement it.
Within the first few weeks of being in Hinnavaru as a volunteer teacher, a boy was placed under house arrest by the police for 14 days. This was 2009 and the first democratically elected government was in power. The police claimed the accused had intoxicated a minor and served as judge and jury in convicting him of the crime; even though no witnesses came forward and the minor’s toxicology report was negative.  I screamed bloody murder in the police station; I showed vehemence and flashed a printed copy of my law degree under their noses to no avail. They cared nothing for they believed in the power they possessed.

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