The controversial clause in the Gang Crime Prevention Bill that allowed a committee, including the Home Minister, police, and military, to identify gangs, gang leaders, and members has been removed. The new approach outlined in the bill emphasizes evidence-based procedures to designate criminal groups, aiming to prevent political influence and misuse of authority.
Original Proposal Faced Criticism
Initially prepared by the Ministry of Homeland Security and Technology, the bill proposed that a five-member committee—comprising the Police Commissioner, Chief of Defense Force, heads of police and military intelligence, and the minister responsible for police—would identify gangs and their members. However, critics raised concerns about potential political interference and lack of transparency, warning that this method could lead to misuse and create more issues than it resolved.
To address these concerns, the government amended the bill, removing the committee-based approach before submitting it to Parliament under the title “Bill on Prevention of Gang Crimes and Other Dangerous Crimes.”
Evidence-Based Process for Identifying Gangs
Under the revised bill, criminal groups or individuals will be identified through standard investigative procedures. The Maldives Police Service must now prove, using conventional evidence-gathering methods, that a specific group is a gang or that an individual is part of such a group.
This aligns with the current Gang Crime Prevention Act, which only allows courts to designate gang members or leaders upon prosecution by the state. However, due to challenges in gathering sufficient evidence, no one has been formally prosecuted under this provision to date.
Stricter Measures Proposed
The new bill introduces tougher penalties and preventive measures for those identified as part of gangs. Key provisions include:
- Banning Associations and Transactions: Registered entities cannot use gang-related names or form clubs or associations for gang activities.
- Public Disclosure: Photographs and information about identified gang members will be made public to inform citizens and international law enforcement agencies.
- Employment Restrictions: Individuals designated as gang members will be barred from government jobs, terminated from existing roles, and prohibited from running for elected positions.
- Ongoing Monitoring: The list of identified gang members will be reviewed every six months and shared with relevant state agencies and international partners.
Defining Gang Activity
The bill outlines characteristics that could be used to identify gangs, including:
- Marking territories with graffiti or other signs.
- Gathering frequently in specific areas claimed by a group.
- Displaying tattoos or signs linked to criminal activities.
- Receiving material benefits from gang leaders.
President’s Commitment to Tackling Gang Crimes
President Dr. Mohamed Muizzu has placed a strong emphasis on reducing gang-related crimes, assigning significant responsibilities to Home Minister Ali Ihusan to address these issues. The revised bill aims to strike a balance between effective crime prevention and safeguarding against political or administrative misuse.
