‘Vaanuvaa’: is justice delayed justice denied?

‘Vanuvaa’ is the prison slang, meaning literally ‘what is happening’, that captures the sense of limbo for those held in indefinite pre-trial detention.

But it’s a phrase on the lips of more than just those behind bars. As a spotlight is cast on an issue some see as emblematic of a crisis in the court system, the President himself has now promised to address the matter.

This week's episode of Maldives Independent’s Ithuru Vaahaka podcast dives into the plight of these individuals, featuring insights from prominent defense attorney Hamza Latheef.

Hamza is defense counsel for former President Abdulla Yameen, who is charged in the Maldives Marketing and Public Relations Corporation (MMPRC) corruption scandal; and for Mohamed Nazim and Thahmeen Ahmed, accused of the 2021 attempted assassination of former President Mohamed Nasheed. He also previously defended seven individuals charged in the 2017 murder of Mohamed Anas.

With so many of his clients facing the prospect of vaanuvaa, it’s an issue the lawyer is all too familiar with.

Hamza explains that vaanuvaa refers to the condition in which individuals are ordered to remain in custody until the end of their trials. Those  accused of serious offences, which include pedophilia, human trafficking, murder, rape, terrorism, and crimes involving more than MVR100,000 [US$6,485], are forced to remain in detention until the conclusion of their cases. 

Due to the Criminal Court’s massive backlog and poor scheduling, this is a process with no clear timeline.

“If the trial ends in 10 years, they are released after 10 years. And if they’re not convicted, 10 years of their life is still lost,” Hamza says.

Currently, more than 354 people in Maldivian prisons are in this vaanuvaa condition. Over 95 percent are men. Among them:

According to statistics released by the Maldives Human Rights and Detainee Watch (MHRDW), based on data collected from the Maldives Correctional Services (MCS) in December 2024, a number of detainees have been held in vaanuvaa for extended periods without resolution. 

While the majority - 168 detainees - have spent less than a year in custody, two individuals have been detained for over nine years, with another two held for more than seven years. Four detainees have been in custody for over six years, while eight have spent more than five years behind bars.

In addition, ten detainees have been held in vaanuvaa for four years, approximately 40 have remained in detention for three years and a similar number for two years. 

MCS data for April 2024, published by MHRDW, shows that over 25 detainees have not had a court hearing in over a year, while almost a 100 remain without a scheduled hearing for a period of 6-12 months. The majority - 217 detainees - have not had a hearing for 3-6 months. 

The government is reported to spend an average of MVR20,000 (US$1,297) per detainee per month, with the upkeep of vaanuvaa detainees totaling MVR84.96m (US$5.5m) annually. This is over 20% of the MVR411.2m (US$26.6m) budget approved for MCS in 2025. 

In February 2025, Home Minister Ali Ihsan defended vaanuvaa detentions, stating that “around 25% of detainees in over 80% of the countries worldwide are in pre-trial detention just as in Maldives.” The problem, he admitted, was having to spend “two, three, four or even five years without a conviction,” acknowledging the need to find permanent solutions to extended periods of vaanuvaa. 

According to the Maldivian Constitution, any individual arrested must be presented before a judge within 24 hours, during which the grounds for further detention must be explained. Judges may then grant remand based on three key considerations: the risk of absconding or fleeing, the risk of destroying or influencing evidence and threats to public safety and security.

In extenuating circumstances, these reasons can be considered by judges in remanding individuals until the conclusion of their trial even if the alleged crime is not (legally) considered a serious one 

Following arrest, investigations must be concluded within 30 days, says the Criminal Procedure Act, after which the case is forwarded to the Prosecutor General's Office. A decision to prosecute must then be made within 15 days, and hearings must be scheduled accordingly. 

Police may request 60 additional days during investigations, though such deadlines do not apply to crimes under special laws, such as terrorism, gang-related violence and sexual offences including minors. Hamza notes that public sentiment around such crimes often results in harsher pre-trial detention policies. 

“When someone is accused of a crime, the government arrests and detains them to reassure the public - often with good intentions,” he said. “Judges feel pressured too. They believe that if they release such suspects, the public won’t accept it.”

The Criminal Procedure Act instructs review of vaanuvaa detentions every 30 days, placing the responsibility on the Prosecutor General’s office to present the case for review in court. Again, individuals arrested for crimes under special laws are excluded from the provision and do not require remand reviews. 

The NGO Youth for Unity and MHRDW have been protesting the indefinite detention of suspects, especially those who are breadwinners for their families. They argue that vaanuvaa amounts to “inhumane torture” and devastates families by leaving spouses, children, and elderly parents impoverished.

President Dr Mohamed Muizzu invited the protesters for discussions earlier this month to the President’s Office, with Hamza also in attendance. They presented a position paper, proposing the release of vaanuvaa detainees under alternative measures such as electronic monitoring, bail, or other forms of conditional release.

During the meeting, the President acknowledged it was unfair to treat an accused person the same as someone convicted, says Hamza. Muizzu explicitly asked whether any relief should be considered for those accused of sexual offences, recalls Hamza, including child abuse, with the lawyer telling him no such relief was expected in these cases. 

During the podcast, Hamza points out that not everyone accused of sexually abusing a minor is necessarily a pedophile, noting that a 19-year-old in a relationship with a 17-year-old girl would be charged under child protection laws, despite the context differing from that of a 65-year-old molesting a 6-year-old child. Yet both cases may be treated similarly under the law.

Hamza says the President suggested introducing a formal bail system and speeding up trial procedures until long-term reforms and the Hulhumale’ court complex are completed, though the latter has missed its April 2025 opening deadline.

The day after his meeting with Youth for Unity and MHRDW, Muizzu discussed the matter with the Prosecutor General, Home Minister, and the Attorney General in a meeting at the President’s Office.

In an episode of the President’s own podcast in early May, Muizzu had already mentioned asking the Attorney General and police about alternatives to detention for suspects under investigation. In February, he said he would propose legal amendments to curb the use of prolonged detention during investigations, after news of a Nigerian inmate's death at Maafushi jail. The man had been in vaanuvaa detention, facing illicit drug consumption and dealing charges. 

Hamza tells Ithuru Vaahaka that the vaanuvaa issue had improved in recent years. During the tenure of Hussain Shameem, prosecutor general between 2019 and 2024, the number of people in vaanuvaa almost halved, from over 700 to 354. Speaking to the Maldives Independent, Shameem says individuals were released using case-by-case assessments.

While possession of more than 14 grams of an illegal substance is classified as trafficking, Shameem notes that dealers were usually caught with hundreds of grams. “We raised the prosecutorial threshold to 300 grams,” he says, “thereby exempting many users from being classified as traffickers and detained under vaanuvaa.”

He says additional factors, such as whether the accused had known links to drug networks, were also taken into consideration when determining eligibility for pre-trial release.

Commenting on proposals to release vaanuvaa detainees with electronic monitoring devices, Shameem says such methods may be suitable for certain drug-related offences, but would be generally inappropriate for terrorism-related cases.

On long-term solutions to vaanuvaa, Shameem stresses the need to speed up the judicial process and improve the management of court schedules: “Accused individuals understand that a major case may take up to two years without a conviction,” he says. “It’s having to stay in prison beyond that time that leads to the complaints.”

The Maldives Independent spoke with several family members of those held in vaanuvaa detention. A mother of four, who requested anonymity, expressed cautious optimism and gratitude that President Muizzu had listened to their concerns, remaining hopeful that real solutions would emerge. But others were more skeptical, describing the promises as little more than lip service.

For those still facing the long wait for an official verdict on the ‘vaanuvaa’ problem - presidential or judicial - justice delayed will continue to feel like justice denied.