Majlis Accepts Bill Giving State More Leeway to Submit Secret Evidence in Criminal Cases

The People's Majlis today accepted a government bill amending the Criminal Procedure Code to give the state more opportunities to submit secret evidence in criminal cases. The bill was accepted with the unanimous vote of 45 members who participated in the vote. No member voted against it. Following its acceptance, the bill has now been sent to the Judiciary Committee for further study. The bill was submitted in August by ruling PNC MP for Fonadhoo constituency Mohamed Mamdooh. Its stated main purpose is to revise the principles related to the disclosure of evidence in criminal cases and to bring necessary changes to the law in relation to the proceeds of crime bill. The bill defines information the state should not disclose. Under the current law, such information includes reports and documents prepared by a state attorney or agent solely for the use of that office or institution, and statements given to a government employee or attorney by a witness or someone who may become a witness. However, the bill adds other matters to that section. They are: information that reveals who conducted a secret operation or information about a secret piece of evidence; and any evidence or information determined by another law as evidence or information that should not be disclosed to the accused. The bill gives the state additional powers to keep evidence secret and secure. Additional situations in which the state can request secret evidence include: situations where operational information of criminal investigations may be exposed; harm to a third party's personal information or trade secrets and interests; and disclosure of evidence leading to further crime or conduct that undermines the dignity of the court. According to the bill, after the trial of a case begins, if the reason for the state deciding not to disclose a particular piece of evidence or information disappears, the state must disclose that evidence or information to the accused as soon as possible. The bill does not significantly change the situations in which the accused can request a witness protection order. Under the current law, any person can request witness protection if they face physical harm, or sufficiently large economic loss, or being compelled to do something, and where the witness's power is undermined, harmed or destroyed. The bill includes removing from these the situation of suffering sufficiently large economic loss or being compelled to do something. During debate on the bill, opposition members expressed concern, describing it as a bill designed by the government targeting political rivals and intending to frame them.