Key legal points regarding the criminal investigation launched against Adhadhu

Police officers raiding Adhadhu pffice.

Police officers raiding Adhadhu pffice.

Dr. Ahmed Abdulla Didi is the fourth Chief Justice of the Maldives. This is an English translation of his original Dhivehi article

The freedom of expression and freedom of the press, guaranteed under Articles 27 and 28 of the Constitution, are fundamental liberties regulated by laws and regulations enacted in accordance with the principles set forth in Article 16. In democratic societies, it is a vital responsibility of journalists to convey to the public, in good faith, information regarding illegal activities and systemic corruption within state institutions. Given that the facts presented in the documentary—based on statements made by a President’s Office employee accusing the President—pertain to actions allegedly committed outside the scope of official presidential duties, and considering that these are matters for which the President must remain accountable to the people under Article 100 (a) (1) and (2) of the Constitution, the documentary published by Adhadhu must, in principle, be viewed as media content that adheres to journalistic codes of ethics unless proven otherwise.

If there are complaints that Adhadhu violated journalistic codes of conduct in publishing the documentary, the authority to investigate such matters lies with the relevant institution mandated to oversee media ethics. However, the criminal investigation launched by the police against Adhadhu, and the subsequent measures taken against the outlet and its journalists, are practices alien to democratic norms and stand in violation of international treaties to which the Maldives is a party.

The Basis of the Criminal Investigation (Qazf)

While the police have stated that they are conducting a Qazf (Islamic legal term for falsely accusing a person of adultery or fornication) investigation regarding the documentary published by Adhadhu, it is noted that Qazf is criminalized under Section 612 of the Maldivian Penal Code and is also a crime for which a Hadd (fixed punishments in Islamic law such as lashes) punishment is prescribed under Islamic Shari’ah, where it is considered a major sin. Under the concept of Qazf in Islamic Shari’ah, the offense is defined as explicitly accusing a chaste person of adultery or denying the paternity of a child without providing the required legal witnesses.

In light of this definition, there is no evidence that the statements made by the President’s Office employee in the documentary fulfill the legal elements of Qazf. The documentary contains no confession or accusation of adultery; rather, the allegations refer to "sexual relations." Since not every sexual offense is legally categorized as adultery, the decision to preemptively conclude that the allegations constituted adultery and launch a Qazf investigation suggests a departure from the principles of independence and professionalism that investigative agencies are required to uphold.

Under the Maldivian legal system, the individual holding the office of the President is neither a sacred nor an infallible figure. Investigative agencies possess the authority to independently investigate any criminal allegations made against a sitting President. Furthermore, the President enjoys no legal protection from prosecution for such crimes beyond the specific "immunity" stipulated in Article 127 of the Constitution. If the police have decided to conduct a criminal investigation into the documentary, there is no legal basis to exclude the President as a potential subject of that investigation, especially since the facts involve him personally. The President’s own assertion that the claims are "categorically false" and his demand for the prosecution of those involved cannot serve as the sole basis for the investigation's direction.

Obstruction of an Independent Investigation

Although the Maldives Police Service, mandated by law to conduct criminal investigations, operates under the oversight of the Minister of Homeland Security and Technology, the Minister does not have the authority to exert direct or indirect influence over any ongoing investigation. However, social media posts by the Minister indicate an undue influence on the investigation into the Adhadhu documentary. By characterizing the allegations as "false accusations" and reaching a conclusion before the investigation has concluded—stating that "police are enforcing the law and upholding the President’s rights"—the Minister has made it highly unlikely that the police can conduct this investigation with independence and integrity.

Because conducting an independent and credible criminal investigation into a sitting President is inherently difficult, democratic presidential systems vest the legislature with the power to conduct parliamentary inquiries and impeach a President who commits acts of treason, bribery, or other high crimes and misdemeanors outside their official duties. This power is also granted to the People’s Majlis under Article 100 of the Constitution of the Maldives. Therefore, the allegations leveled against the President in the documentary are matters that warrant a parliamentary inquiry by the People’s Majlis.

Under the Constitution of the Republic of Maldives, executive power is vested in the President, who serves as the Head of State and Head of Government. While the dignity and prestige of the presidency must be protected as a reflection of the dignity of the State and its citizens, any matter that undermines the integrity of the office also affects the nation. If the existing institutions lack the capacity to investigate the facts presented in the Adhadhu documentary impartially and independently, it is essential to appoint a Special Investigator to probe the matter—similar to the appointment of Kenneth Starr as an independent counsel to investigate the Clinton-Lewinsky scandal in 1998.

Comments

Read More

Latest News

Fed rate hike will exacerbate dollar crisis in Maldives

The Federal Reserve's 0.25% interest rate hike is expected to worsen the dollar shortage in the Maldives by driving capital back to the U.S. This shift increases global borrowing costs and debt servicing expenses for the import-dependent nation, placing significant strain on its budget and requiring more effective fiscal management.

Muizzu's family member becomes resort shareholder

Hassaan Waheed, a diplomat and relative of Maldives President Mohamed Muizzu, has sparked controversy after becoming a shareholder in a luxury resort despite having no business background. Allegations suggest he used his political influence and family ties to secure the shares, raising serious concerns about government corruption.

Has the Revised Duty Helped Create a More Balanced Market?

A 2026 cut in cigarette import duties has successfully reduced the prevalence of illicit tobacco in the Maldives. Retailers report a significant shift as consumers move toward legal brands, narrowing the gap between regulated and smuggled products. This policy supports the government's broader goal of strengthening the legal economy.

The FDA Just Said It’s Less Risky. Are We Ignoring the Science?

The FDA authorized ZYN nicotine pouches to claim they pose lower health risks than cigarettes, based on evidence that non-combustible products contain fewer harmful chemicals. While the agency stresses that no nicotine product is safe, the decision highlights a shift toward using risk-based science to inform global tobacco policy.

Lower Taxes, Less Smoking? Inside the Government's Five-Year Plan

The government has launched a five-year plan to create a tobacco-free society through education, healthcare support, and a generational ban. However, critics highlight a major contradiction: while cessation aids are now duty-free, cigarette taxes were halved. This raises concerns about the policy's effectiveness and the lack of alternatives.

Fact Check: Are All Cigarette Alternatives Actually Riskier?

After raising cigarette duties led smokers toward dangerous illicit markets and unregulated products, the government has reversed the tax hike. The decision highlights global debates on whether various cigarette alternatives carry different health risks compared to traditional smoking, emphasizing the need for clear risk classification.

Is This BML's Problem or the State's?

The Bank of Maldives has faced scrutiny after imposing strict foreign currency limits and then launching a high-interest dollar investment scheme. These moves suggest a severe liquidity crisis within the state-owned bank. The lack of transparency from the bank and central authority raises concerns about the nation's financial stability.

Newsletter

Get the latest news delivered straight to your inbox