Detainees held without trial to be released with electronic tags

Authorities have decided to release individuals held indefinitely without trial, after placing them under electronic monitoring.

The Prosecutor General's Office (PG Office) said that they have decided to review the remand of individuals who are in custody pending trial and who could potentially be granted leniency through an electronic monitoring system and court-imposed conditions, and to proceed with granting leniency in detention starting May 21.

Assessing the risk to community safety before granting leniency in detention

The PG Office said that in order to determine who can be granted leniency in detention under the system, a special assessment will be prepared through the Maldives Police Service (MPS) and Maldives Correctional Service (MCS) to identify the risks to community safety and security if these individuals are released into the community with conditions and monitoring. This assessment will specify the level of monitoring these agencies recommend for those granted leniency in detention. The PG Office stated that this assessment will be prepared by the Maldives Police Service at the request of their office.

Procedure for granting leniency in detention

Leniency in detention through an electronic monitoring system will be granted after the PG Office receives the assessment and, if they deem it appropriate based on the assessment, by submitting a request to the court to review the detention. Leniency will be granted under Article 66(b)(6) of Law No. 12/2016 (Criminal Procedure Act), as a condition set by the court for a maximum of 100 days.

The PG Office will submit to the court a request to review the conditions of those granted leniency in detention under the system once every 100 days, and the review will be carried out. The PG Office also stated that if any person granted leniency in detention violates any condition imposed by the court, they will immediately request the court to re-detain that person.

Applying for leniency in detention

The opportunity for those seeking leniency in detention through an electronic monitoring system to submit their requests with reasons to the PG Office has been opened from May 21. Applications can be submitted using the "Application Form for Leniency in Detention through Electronic Monitoring System" available at the PG Office. Alternatively, the detained person's lawyer can submit a related application to the office through their online portal (online.pgo.mv).

The PG Office said that the application form will be available on their website and at their counter, and that the Maldives Correctional Service will arrange for the form to be available at their detention centers as well.