To say the country’s criminal justice system was one-sided would be a gross understatement. Authorities had the ability to arrest individuals at will. No warrants were required. Indefinite detention was the norm. Investigations, and even trials themselves, took place behind closed doors. Even the right to legal counsel, though guaranteed in our constitution, was often denied!
Suspects were tried before judges who had been appointed by executive authority. Rather than the state having the burden of proof and an obligation to establish guilt beyond reasonable doubt, a fundamental bedrock of a just legal system, these suspects were essentially required to prove their innocence. And they had to do this without adequate access to lawyers, knowledge of court procedures, or an understanding of the very evidence that had been submitted against them!
To earn an acquittal was akin to a miracle. And yet, this sham of a justice system was left unchecked, even unnoticed. No one of standing was concerned, and they certainly didn’t make an effort at undertaking necessary reforms.
A troubling anecdote: the Minister for Islamic Affairs, who also just so happened to be the Chief Justice, for reasons that are beyond comprehension, believed that the right to legal representation in criminal cases was in fact prohibited under Islamic Law!
The Egyptian graduate’s beliefs suited the government of President Gayyoom perfectly. Neither he, nor any other government official, was required to justify the application of their views or opinions. Their personal understanding of society was as valid as legally enacted laws, especially when their views were wrapped in the name of religion. No questions were asked. The basic tenets enshrined in the constitution took a back seat to religious doctrine.
At the time, over 97% of prosecutions and subsequent convictions were based on confessions. In the vast majority of criminal cases, outside evidence was completely absent. It was common practice for suspects to be shown a copy of their statement, but they were never allowed to retain a copy. And neither investigators nor the court would ever provide them with evidence being used against them for review.
This isn’t to say that court oversight hadn’t been considered. In fact, there were detailed court rules that judges across the country were required to follow, with risk of penalty if they failed to do so. Every court, every judge, and every state prosecutor had a copy of these rules. But the rules remained out of reach for suspects, and even private legal practitioners.
On one occasion, I recall asking my secretary for a copy of the High Court Rules. In their search, they came to find that only the High Court and the President’s Office possessed copies of these rules. My secretary called to request a copy, only to have High Court staff refuse, even though I was the Chief Judge of the Criminal Court! Eventually, through my personal friendship with the Chief Justice, I was able to get my hands on a copy of what I need; though it was clearly a favor for a friend. If I had to go to such great lengths, imagine the inability of a helpless suspect doing their best to put together a case to prove their innocence!
I brought this matter up with my superior, the Justice Minister, telling him that I felt it was completely unacceptable not to allow suspects to see the evidence being used against them, and that it was a gross injustice to block access to court procedures themselves. These pleas were brushed aside by the Minister. He told me matters of this sort were beyond his control, and that no change would be possible without prior approval from the President’s Office. He even went so far as to advise me not to do anything “crazy” on my own!
Fortunately, an opportunity presented itself when Minister Zahir visited the United States, where his son was studying at the time, for an extended vacation. In his absence, there was less day-to-day oversight of judges and the courts. I decided to take full advantage of the situation, asking my friends in the legal community to write to the courts seeking copies of the court procedures, and requesting any documents or evidence involving their clients. Within several days, we began receiving these requests, from lawyers, and even directly from their clients. As was required by law, we of course began honoring these inquiries, providing the information requested without objection!
And to further eliminate the barriers to this fundamental element of justice, we even prepared a set of forms to streamline the request process, keeping them in the reception area for everyone to see.
By the time Minister Zahir returned from his holiday, we had effectively reformed the system, and our actions were irreversible. To his credit, he never even tried. Perhaps deep down he supported what we had done, but was too afraid to endorse them publicly.
The refusal of the High Court to share the court rules was something I carried with me – it was constantly on my mind. As a result, when I became Attorney General, one of my first orders of business was to write to all government agencies, asking them share any rules or regulations they had enacted. They were given a fixed timeframe to do so before my office – that of the Attorney General – would take any action.
It was then unheard of for one government agency to issue an ultimatum to another agency – something that only the President’s Office had done prior.
The agencies, however, complied, and once I had collected all of the various rules and regulations, we published them on the Attorney General’s website, visible for all to see at any time. Taking a cue from our success, some four years later the President’s Office also began publishing laws and regulations online. To this day, the Attorney General’s office website remains the primary repository for this information, a lasting legacy for transparency.
This topic remains such a passion for me that despite my departure from government and my retirement from politics, I continue to own, operate, and manage the country’s largest database of laws and regulations, as well as a comprehensive legal dictionary (Gaanoon.com). Access to this resource is free, and continues to serve thousands of individuals.
As history has shown up time and time again, progress can only remain if we are vigilant at protecting it, and I am committed to always shining a light on the rights available to all, established by the laws of our country.