Comment: What do you call a lawless State?
Been involved in the training of 18 Judges from the Malé courts and 23 Magistrates from the Island Courts on Human Rights and the Constitution;
Interviewed NGO’s, Human Rights Commission of the Maldives, Migrant Workers, Bangladesh Embassy, Indian High Commission, Department of Immigration and private lawyers.
Visited all the police stations, prisons and detention facilities in the Malé surrounds;
Interviewed prisoners and prison staff
Visited and interviewed drug rehabilitation facilities
Visited all the courts in Malé and interviewed judges and court staff including the [interim] Chief Justice of the Supreme Court
Visited Southern and Northern Atolls Courts and interviewed Magistrates, Atoll police commanders, Investigation officers, court staff, prosecutors and court users in the community.
Courts assume guilt based on the prosecution case before the ‘trial’
A Russian national who only speaks Russian is provided an English Interpreter
Prosecution did not provide the documents filed to the accused. Prosecution stated “providing a copy to the accused is not included in the budget.”
If a woman submits an application for a divorce, the courts treat the woman with disrespect and 99 percent of the time, they are not granted a divorce regardless of evidence produced – even in domestic violence cases.
Prosecution takes too long to file a case, particularly in the islands.
Legal profession lacks basic advocacy skills
Majority of the legal profession are not competent. They are independent by law but not in practice. As for impartiality – the island courts in particular – this is not exercised due to the small community they live in. Island prosecutors often discuss matters with the magistrates. The prosecution is also allowed to go and spend time with the court staff, while the accused is waits outside in the waiting room.
Most judges do not know that public can attend hearings. Hence often those who attend are sent away. The other issue is lack of space in the tiny court rooms.
Accused not given an opportunity to cross-examine
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