Law of Evidence at Maldives
The Evidence Act (Act No. 11/2022) of the Maldives, ratified on July 18, 2022, represents a significant overhaul of the nation's legal framework concerning the admissibility and handling of evidence in civil and criminal proceedings. This legislation replaced the outdated Evidence Act of 1976 and the Women's Testimony Act of 1972, aiming to modernize and standardize evidentiary procedures to ensure fair trials, as mandated by Article 42 of the Maldivian Constitution . (Maldives: President ratifies controversial Evidence Act - IFJ, Evidence Act comes into effect)
Key Provisions of the Evidence Act
1. Procedural Framework for Evidence
The Act delineates comprehensive procedures for the collection, submission, acceptance, and evaluation of evidence in legal proceedings. It encompasses various forms of evidence, including documentary, physical, and digital evidence, and sets forth standards for their admissibility. This structured approach aims to enhance the consistency and reliability of judicial processes . (Evidence Act comes into effect, Lawmakers hail long-awaited evidence bill – Maldives Independent)
2. Witness Protection and Examination
Recognizing the challenges posed by witness intimidation, the Act introduces measures for witness protection. It also specifies conditions under which leading questions may be posed during witness examination or cross-examination, thereby safeguarding the integrity of witness testimony . (Lawmakers hail long-awaited evidence bill – Maldives Independent)
3. Digital and Forensic Evidence
The legislation acknowledges the increasing role of technology in legal matters by providing procedures for the submission and analysis of digital evidence, such as audio, video, and forensic data. This inclusion ensures that modern forms of evidence are appropriately handled within the legal system . (Lawmakers hail long-awaited evidence bill – Maldives Independent)
Controversial Provisions: Journalist Source Disclosure
A particularly contentious aspect of the Act is Section 136, which addresses the disclosure of journalistic sources. While the general rule prohibits compelling journalists or media agencies to reveal sources obtained under a promise of confidentiality, exceptions are made in cases involving acts of terrorism or national security offenses. Even within these exceptions, disclosure can only occur if specific conditions are met, including: (New Evidence Act of Maldives [Law no. 11/2022], creates controversy, Press Statement Regarding Amendments to the Evidence Act - The President's Office)
The information is integral to the case and directly related to the offense.
The source has not been identified through other means.
Disclosure serves the public interest and outweighs the journalist's right to protect their source . (Pres ratifies Evidence Act)
Despite these safeguards, the vagueness of terms like "acts of terrorism" and "national security offenses" has raised concerns among media rights organizations. Critics argue that the broad interpretation of these terms could lead to undue pressure on journalists and potential infringements on press freedom . (Maldives: President ratifies controversial Evidence Act - IFJ)
Government Response and Proposed Amendments
In response to the outcry from journalists and media organizations, President Ibrahim Mohamed Solih announced on September 14, 2022, the government's intention to amend the Evidence Act. The proposed amendments aim to address concerns regarding the disclosure of journalistic sources, particularly by providing clearer definitions and stricter criteria for exceptions. The government emphasized its commitment to balancing national security interests with the protection of press freedom . (President announces decision to amend Evidence Act to address concerns of journalists - The President's Office, Maldives: President Ratifies New Evidence Act with Controversial Provision on Revealing Journalist Sources | Library of Congress)
Conclusion
The enactment of the Evidence Act (Act No. 11/2022) marks a significant step in modernizing the Maldives' legal framework for handling evidence. While it introduces comprehensive procedures to ensure fair trials, the provisions concerning the disclosure of journalistic sources have sparked debate. The government's acknowledgment of these concerns and the proposed amendments indicate a willingness to refine the legislation to better protect press freedom while addressing legitimate national security concerns. (The President ratifies the Evidence Act - The President's Office)
RELATED Blog
0 comments