Police launch series of phone seizures targeting opposition activists
Since the recent opposition protests, the phones of two Maldivian Democratic Party (MDP) activists have been confiscated under court orders.
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Police have begun seizing the mobile phones of opposition activists accused of posting politically charged or allegedly incriminating content on social media.
Since the recent opposition protests, the phones of two Maldivian Democratic Party (MDP) activists have been confiscated under court orders. They include:
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Fathimath Zahiyya (Zaya), a member of the MDP National Assembly, whose phone was seized for 72 hours from the date of the order.
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Aishath Shiman Ahmed, an MDP youth activist, whose phone was seized for one month, from 6 October to 5 November.
The seizures were made under provisions of the Criminal Procedure Code, which authorises the police to confiscate property or electronic devices through judicial orders and to access digital data for investigation purposes.
The court orders cited Article 36 of the Act, which grants law enforcement officers the power to inspect electronic data relevant to investigations, and Article 74(4), which covers the search and seizure of stored computer data.
In addition, Section 74(r) outlines the considerations for issuing such orders, including:
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The type and seriousness of the alleged offence;
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Whether the evidence can be obtained through less intrusive means;
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Whether the seizure is proportionate and necessary to the circumstances.
The recent wave of confiscations has coincided with increased anti-government activity and public criticism of police conduct during the MDP’s “Looted, Looted” protest earlier this month.
Some activists and legal observers have linked the seizures to the newly enacted media regulation act, although the law has not yet come into effect pending the formation of the Maldives Media and Broadcasting Commission (MMBC). Under current conditions, the Act cannot be used to justify actions against social media users.
While the police have acted against opposition activists, similar posts by individuals linked to the government have not resulted in comparable action.
One example is a post by religious scholar Shuaib Ali, who wrote on Facebook that protesters should be “beaten down and shot.” His post, which has since been deleted, has not led to a police investigation or summons, and no seizure order has been reported in his case.
Police have not issued a statement regarding the recent phone seizures or clarified whether they are investigating the social media threats made by pro-government figures.
