Maldives Moves to Reform Pretrial Detention with Electronic Monitoring

MALE’, Maldives — In a significant step toward reforming the Maldives’ overburdened criminal justice system, the Prosecutor General’s Office announced on a plan to review the custody of pretrial detainees using electronic monitoring, a move aimed at reducing prison overcrowding and addressing long-standing human rights concerns in the island nation. The initiative, driven by President Dr. Mohamed Muizzu’s pledge to end indefinite detentions, marks a pivotal shift for a country with one of South Asia’s highest incarceration rates.

The new policy, detailed in a statement by the Prosecutor General’s Office, allows detainees not charged with serious crimes like murder to apply for release under electronic monitoring, subject to court approval and a risk assessment by the Maldives Police Service and Maldives Correctional Service. The assessments will evaluate potential threats to community safety, ensuring that only low-risk detainees are released with conditions set by the courts. The program, authorized under Article 66(b) clause (6) of the Criminal Procedure Act (Law No. 12/2016), permits conditional release for up to 100 days, with periodic court reviews to ensure compliance.

Detainees or their legal representatives can apply for release through a dedicated form available at the Prosecutor General’s Office, its online portal (online.pgo.mv), or detention centers, including the Maafushi prison. Violators of court-imposed conditions face immediate re-incarceration, a safeguard to balance reform with public safety.

The announcement follows President Muizzu’s meeting on May 7, 2025, with civil society advocates pressing for detainee rights. “I heard their pain,” President Muizzu said, emphasizing his commitment to human dignity during his “With the People” podcast. His administration has prioritized tackling the Maldives’ prison crisis, where nearly 2,000 inmates—over 300 awaiting trial—crowd facilities designed for far fewer in a nation of 550,000. The per capita incarceration rate, among the highest in South Asia, has drawn scrutiny from human rights groups.

The reforms are rooted in the Bail Act of 2024, which introduced electronic monitoring as an alternative to pretrial detention. President Muizzu envisions releasing up to one-third of eligible detainees, easing pressure on facilities like Maafushi, where cases often languish for years—a practice locally known as “vaanuvaa.”

“This is about fairness,” President Muizzu said, underscoring his campaign promise to prioritize human rights. His administration is also exploring non-custodial sentencing and has begun constructing a new criminal court in Hulhumalé with 11 courtrooms to expedite pretrial processes. During a recent inspection, President Muizzu called the facility “a step toward justice,” pledging to address judicial staffing shortages that exacerbate delays.

The Maldives’ judicial challenges are not new. Successive administrations have struggled with case backlogs and overcrowded prisons, reflecting systemic inefficiencies rather than rising crime rates. President Muizzu’s reforms, led by Prosecutor General Abbas Shareef, a retired High Court Judge, mark the most ambitious overhaul of the Maldives’ justice system since the 2014 Penal Code, aiming to curb pretrial detention through electronic monitoring. Yet, their success hinges on implementation—ensuring risk assessments are rigorous, electronic monitoring is reliable, and courts are equipped to handle reviews.