Former Attorney General Dhiyana Saeed has said that if investigations of the Presidential Commissions should take place with Maldives Police Service and the Anti-Corruption Commission, then there has been no purpose in creating Presidential Commissions in the first place.
Dhiyana has said this at a time where there is a delay in the passing of the Bill to empower Presidential Commissions at Parliament. The Bill has been sent back to the Parliamentary Committee for revision, stating that the Bill on the floor is not what had been passed through the Committee initially. The Presidential Commissions being empowered by the Bill involve the Commission on Investigation of Murder and Enforced Disappearances as well as the Commission on Corruption and Asset Recovery.
The former AG took to twitter today to say that if investigations can reach completion with the use of government institutions such as Maldives Police, then there would be no purpose for Act 115 of the Constitution. Act 115 (o) of the Constitution states that a President has the power to appoint temporary commissions to advise the President on national issues and conduct investigations.
Dhiyana reiterated that there are various difficulties in summoning people, taking testimonies and acquiring documents concerning an investigation, without being empowered by the law. She said that if a Commission has summoned a person, it would remain up to the person to present themselves if the law is not behind the Presidential Commissions.
The former AG reiterated that the power to assemble Presidential Commissions have been noted very specifically in the Constitution. She noted that there is talk surrounding the disappearance of journalist Rilwan Mohamed that claim that there is either Police negligence or part in the case. Dhiyana said that the Police cannot be the institution to carry out an investigation into these claims in such a situation.
Many have spoken out against Parliament for the delay in passing Bill to Empower Presidential Commissions.
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