Inconsistency
100. The Constitution stipulates to uphold Islamic Shari’ah in the Maldives. Nevertheless,
there is no single version or text on Islamic Shari’ah that is codified and readily available for
reference. Therefore, despite the fact that Maldives pursues Islamic Shari’ah there are
inconsistencies in applying Shari’ah law. There have been incidents that some of the
absolute rulings given in the Shari’ah are strictly abided by the judiciary while the others are
not.
102. The State must codify and harmonize Shari’ah Law and common law in accordance
with the Constitution and enact important laws leaving no room for inconsistencies in
judicial decision making.
Delays and Denials of Justice
103. Delaying and denying of justice is another persisting issue in the judiciary. There is a
need to increase the capacity of the judicial system to efficiently administer case load in
order to speed up the judicial process. An average of 20‐30 cases is being submitted to Civil
Court daily for prosecution which was handled by eight judges and only 30‐40 cases reach a
verdict per month (i.e. 1‐2 cases per day). Juvenile court currently has only one judge who
has to handle all the juvenile delinquent cases including the administrations related to
them.
104. Statistics of Judicial Sector shows that number of pending cases increase year to year,
and HRCM notes that there are backlog of cases in the courts, some of which have been
pending in the courts for years. At the end of 2008, there were 1031 cases pending in
Criminal Court which increased to 1240 cases by the end of 2009 and to 1766 cases by the
end of 2010.
105. HRCM was informed that one of the reasons for backlog of cases in Criminal Court is the
inability of the Prosecutor General’s Office (PGO) to assign lawyers to criminal cases. It
appears that lawyers refuse to accept cases from PGO on retainer basis as the lawyer’s fees
Chapter: Article 14: Equality before the Law & Article 26: Legal Protection of the Law
101. Some Judges and Lawyers have informed that inconsistency in judicial decision‐making
at the trial and appellate levels is common in the judiciary of Maldives. There are no specific
procedures and regulations on the acceptance of evidence submitted to the courts; it is
solely left at the discretion of the judge to decide to give importance to evidence or
confession of the person prosecuted. Different judges give precedence to different facts in
the same kind of prosecutions. Some Judges informed HRCM that, even after discussing the
case with one another, often judges are unable to come to the same agreement and
decision on a verdict in similar cases.
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