The new amendment proposed to the Prevention of Terrorism Act seeks to grant significant powers to Maldives Police Service (MPS) and equally significant penalties for people involved in acts of terrorism. Under the Prevention of Terrorism Act, which is currently in effect, it is an offence for a Maldivian to participate in a war abroad.
Under the Prevention of Terrorism Act, which is currently in effect, participation in a foreign war is only defined as going to a foreign country to participate in such a war. Under the proposed amendment, it is also an offence to go to or attempt to go to a war zone without the permission of the government. War zones would be demarcated by the President, with counsel from the National Security Council.
Penalties for participating in such a war is a jail sentence of between 17 to 20 years while travelling to a war zone could be penalised with a jail sentence of 10 to 15 years. An attempt to travel to a war zone without the necessary permission could result in a penalty of 12 years of imprisonment.
The bill also criminalises public attire that displays support for, or signifies membership of, a terrorist organisation. The amendment also waives any suspect arrested for terrorism, the right to bail. In addition to that, the amendment to Prevention of Terrorism Act mandates the Ministry of Home Affairs to establish a detention facility, specifically for people who return to the country after participating or attempting to participate in a war in a foreign country.
This facility should not house criminals convicted of other offences. Such detainees are only to be reintroduced into society, after passing specific assessments. The amendment also grants Maldives Police Service the right to arrest a suspect without a warrant, if there is ample ground to believe that the suspect was preparing to participate in an act of terror of if there are grounds to suspect that he might destroy evidence.
However, such an arrest needs to be warranted by a police officer who is of or above the rank of Sub Inspector of Police. If arrested without a court warrant, police can retain him under custody for 48 hours.
These proposed amendments have met with some criticism. Taking to twitter to express his concern, President of the Bar Council Maumoon Hameed said, the Presidential Commission on Murders and Enforced Disappearances claimed that the police had tried to plant evidence in cases and also reminded about the incidence where a victim's neighbours video-recorded police torturing a suspect. The President of the Bar Council also questioned why the amendment seeks to annihilate the controls in the system which avoid police from abusing authority.