Shameem Clarifies Office’s Stand on Adeeb and Ziyath’s Release

Prosecutor General (PG) Hussain Shameem clarified that his office lacks the discretion or jurisdiction to intervene in the release of former Vice President Ahmed Adeeb and former MMPRC Managing Director Abdulla Ziyath, amid criticism.

Shameem emphasised that despite concerns and public frustration, the Prosecutor General’s office (PGO) is not involved in the government’s decision-making process.

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Both individuals were released under the Pardons and Clemency Act, as outlined in Article 115(s) of the Maldives Constitution, at the discretion of President Ibrahim Mohamed Solih.

The President’s decision has faced backlash from the legal community and the public, prompting Shameem to address the situation on his personal blog. He highlighted that the PGO does not have a representative on the Clemency Board and reiterated that the office’s discretion does not extend to court verdicts or decisions related to the execution of sentences.

Shameem stated that the state is neither obligated to seek nor has it sought the opinion of the PGO in granting clemency to Adeeb and Ziyath.

He explained that the current legal framework grants significant discretion to the president in matters of clemency, and it is not within the role of the PGO to question the executive’s use of such discretion.

Expressing understanding for the public’s frustration, Shameem suggested that any concerns should be addressed through parliamentary action, emphasising the need for legal reform.

He noted that when the legislation on pardoning and sentence reduction was drafted, the Prosecutor General was deliberately excluded from the process, indicating a specific legislative intent.

Shameem expressed hope that the parliament would consider public feedback and concerns, leading to progressive legal reforms.

He suggested the annulment of the clemency policy or, if retained, rectifying it to ensure that convicts serve a substantial portion of their sentences before being eligible for pardons.

While the Clemency Act does not provide for pardoning serious indictable offenses, Shameem pointed out the legal scope for sentence reduction, highlighting the absence of a legally prescribed maximum reduction period.

This gap in the law implies that a 25-year jail term could potentially be reduced to a week under the current legislation.