President Dr. Mohamed Muizzu has ratified the Prevention of Gang and Other Serious Offences Bill, which empowers the police to withhold many rights guaranteed under international conventions.
The bill was ratified at a ceremony held at the President's Office on Sunday, where Muizzu said the objective of the new legislation is not to criminalise the public, but to protect them from criminal environments.
The bill, proposed by Mahchangolhi South MP Musthafa Hussain on behalf of the government, was reviewed by the Judiciary Committee and approved with 55 votes of the People's Majlis on May 15. There were no votes against the bill, while 11 lawmakers abstained from the vote.
The law gives the police special powers to search, arrest and raid private premises without a court order. It also gives the police the power to search vehicles and vessels and take samples of the occupants of the vehicles and vessels.
A person found guilty of forming or running an organised crime group can be imprisoned for up to 25 years and fined between MVR 3 million and MVR 10 million. Anyone who aids and abets the offence faces up to 18 years in prison and a fine of between MVR 2 million and MVR 5 million.
A person who recruits people for an organised crime group can face up to 20 years in prison and a fine of between MVR 2 million and MVR 7 million. Anyone who recruits a minor faces up to 25 years in prison and a fine of between MVR 3 million and MVR 10 million.
Serious organised crimes mentioned in the bill
- Drug trafficking
- Human trafficking
- Trade in prohibited items
- Counterfeiting of valuable items
- Dangerous offense
- All violent offences punishable by imprisonment for a term of 10 years
Dangerous offences mentioned in the bill
- Homicide
- Dangerous assault on a person
- Causing serious physical injury to a person
- Kidnapping
- Intimidating
Gang members will be determined by a judicial court under the act. Gang affiliation is determined by:
- Use of a sign belonging to a gang
- Maintaining a close relationship with any person who was or is involved in the formation or operation of a gang or any other member of a gang
- The accused receives a large benefit from a gang
- The accused participates in the activities of a gang under the direction of any person who was or is involved in the formation or operation of a gang
The bill also prohibits the use of any gang-related symbol or drawing on any part of the body or on any item commonly carried by the person.
It further mentions the circumstances in which people arrested for gang crimes, even if not convicted, can have their property forfeited to the state and be denied the right to see a lawyer for 48 hours.
The law will come into force three months from today.
