MP Ziyad expresses concern over proposed legislation allowing state seizure of illicit assets even without a criminal conviction

Vaikaradhoo MP Hussain Ziyad has expressed concern over the current draft of the Asset Recovery Bill, stating that the legislation as it stands leaves room for potential misuse and exploitation.

During Tuesday's parliamentary session, Ziyad highlighted several inconsistencies within the bill while contributing to the debate.

MP Ziyad stated that he agrees in principle that assets acquired through criminal activity must be subject to state seizure. However, he noted that there are critical factors to consider when drafting legislation, highlighting that the Maldives Penal Code already outlines procedures regarding the forfeiture of illicitly obtained property.

Discussing two new elements introduced by the bill, Ziyad highlighted that the legislation enables the state to seize assets located abroad and allows for the forfeiture of property even before a criminal conviction is secured.

He specifically characterized the provision in the bill allowing for the state to seize assets even in circumstances where criminal charges cannot be brought as a matter of significant concern.

Highlighting contradictions within the bill's provisions, Ziyad noted that Article 22 explicitly uses the term "proceeds of crime." He expressed concern that other articles in the legislation allow for the seizure of property even in cases where no crime has been proven or committed.

MP Ziyad further stated that if the bill is passed in its current form, it could potentially be exploited. He emphasized that such sensitive matters must be carefully considered when enacting laws, highlighting the importance of further amending the bill.