The government of the Maldives has begun implementing the Evidence Act.
President Ibrahim Mohamed ratified the Evidence Act in July 2022 and it was set to come into effect six months after the act is gazetted. The act has replaced the previous Evidence Act, which was implemented in 1976, and the Women’s Testimony Act.
The Evidence Act specifies the procedures to be followed when gathering evidence in civil and criminal proceedings, as well as the processes to be followed when submitting, accepting, and evaluating evidence. It also specifies other evidence-related elements, such as the extent of evidence required to support a claim. One of the primary purposes of the act is to ensure the necessary procedures are detailed in the form of required actions so that the right to a fair trial, as per Article 42 of the Constitution, is satisfied.
The Attorney General’s Office (AGO) drafted the bill amid concerns from journalists and the media that section 136(b) of the Evidence Act, as it stands, does not define terrorism offenses and national security threats, and that a court could compel journalists to disclose sources in such cases. The AGO stated the amendment will clarify the crimes of terrorism and cases that threaten national security.
The amendment defines national security offenses as those involving acts that cause serious harm to the sovereignty or body or property of a person or group, and terrorism offenses as defined in Chapter II of the Prevention of Terrorism Act. The amendment states that the prosecutor general is allowed to request the court to issue an order for journalists or their place of employment to reveal their sources in relation to terrorism-related cases. It also states that evidence needs to be provided to the court to make such a request within 14 days after the case is submitted to the court.