Intrusion into Private Life and Homes
126. In the current Constitution, entry and search of private property and vessels are
restricted to a court order and this has been the normal practice. However, there are
reported instances of law enforcement authorities invading people’s private life without
prior permission. HRCM is currently investigating a case where police allegedly invaded a
woman’s privacy while she was breastfeeding her child. Police apparently were looking for a
suspect in the case of a burning down of police buildings and courthouses in Addu City on
February 8, 2012. HRCM had conducted an investigation on the conditions and treatment
given to those taken into police custody in connection with the riots in Addu City on
February 8, 2012. Some of the detainees had informed HRCM that police have invaded their
homes without any warning or notice or court order and used foul language in front of their
family members.
127. The State must ensure right to privacy and that public officials follow strict regulations
and take legal action against authorities and public officials who violate the
constitutionally guaranteed rights.
128. Even though right to privacy is guaranteed by the Constitution and also from ICCPR
which the Maldives is party to, the citizens of the Maldives are becoming victims of violation
of privacy. Often honour and reputation of people are jeopardized and violated by the
media intentionally or otherwise. The media has failed to draw a fine line between freedom
of expression and right to privacy and continues to broadcast and disseminate information
which would damage the reputation of individuals. Police on rare occasions, have given
wrong information to the media and hence, information with pictures of citizens have been
publicized labeling them as criminals and later an apology afforded in the media saying it
was a mistake.44 But this is a grave issue as the person’s reputation will by then be
blemished and the person emotionally affected. Members of Parliament, often misuse their
privileges and immunity by debating about people’s personal lives in the chamber, which is
broadcast live on the media, which intentionally or not damages the person’s reputation.
129. The State must ensure that all citizens within its jurisdiction respect the rights of
others including private and family life and take measures to ensure that political parties
and state authorities observe a code of conduct that fosters respect for others.
Chapter: Article 17: Right to Privacy
Honour and Reputation
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