Maldives: First integrated training package focused on ensuring legal fishing of maritime crimes completed in Maldives 

Addu City, Maldives / 16 June 2023. Multiple criminal justice actors in Maldives participated in an integrated training package designed by UNODC’s Global Maritime Crime Programme (GMCP), including maritime law enforcement authorities (coast guard, police, customs), prosecutors and the judiciary. The integrated training package is a phased comprehensive initiative that combines a maritime interdiction course and a mock crime scene exercise with evidence handling training, evidence package preparation and prosecution mentoring, culminating in a simulated trial, all with the purpose of strengthening the capabilities of all criminal justice actors involved to ensure legal finish of maritime crimes. Public Prosecutor Azha Mohamed Nasir, an active participant of the simulated trial, shares her story:

“I am Azha Mohamed Nasir, a Public Prosecutor working at the Prosecutor General's Office in Maldives. Since September 2021, I have been dedicated to my role as a prosecutor. Recently, I had the unique opportunity to participate in a simulated trial focused on maritime crime, immersing myself in the intricacies of the legal process and gaining invaluable insights into this global issue. While I had not previously worked on such cases, I embraced the challenge with excitement and motivation. Volunteering for this training allowed me to expand my knowledge in a different area of law and sharpen my skills as a prosecutor.

The simulated trial was meticulously planned to recreate a realistic courtroom experience, bringing together professionals from diverse backgrounds, including legal experts, prosecutors, and law enforcement officials. In this trial, I played a vital role as a member of the prosecution's team. Leveraging my legal background and passion for law, my colleagues and I prepared the case by researching maritime laws and international conventions relevant to the crime at hand. My primary responsibilities included preparing pre-trial motions and delivering the opening speech. Through evidence gathering, legal research, and close collaboration with my colleagues, I constructed a compelling argument for the pre-trial motion and opening speech”.

Azha, along with two fellow prosecutors, represented the prosecution during the simulated trial. Four other prosecutors represented the defence team. Thanks to funding provided by the Bureau of International Narcotics and Law Enforcement Affairs (INL) of the Department of State of the United States of America, UNODC engaged two international legal experts to mentor all prosecutors prior and during the simulated exercise. Azha’s story continues:

“Challenges arose throughout the trial, presenting unexpected hurdles and testing our problem-solving abilities. Some of the challenges we faced included determining appropriate jurisdiction for prosecuting maritime crimes due to the grey areas surrounding maritime crime and jurisdictional powers. Due to this, it was a challenging task to prepare a pre-trial motion good enough to convince the judge. Determining the appropriate jurisdiction for prosecuting maritime crimes can be complex due to overlapping international waters and also national legislations. It was challenging to determine the most appropriate legal avenue to pursue justice.  However, I worked closely with my fellow team members, engaging in brainstorming sessions, going over mock trial videos, and strategy meetings. Together, we perfected our arguments, refined our presentation techniques, and devised innovative ways to convey the gravity of the crime to the judges.”

Simulated trials are an excellent mechanism to identify the most pressing challenges in the prosecution of maritime crimes, analyse the most feasible ways to address them, and provide concrete action plans to overcome them, in and outside of the court. As stated by Azha, jurisdiction matters often arise throughout the criminal justice chain, making it imperative for national institutions to review existing gaps in national legislation, develop suitable standard operating procedures and guidelines for law enforcement agencies, and facilitate scenarios to test them. Azha continues:

“My participation in the simulated trial was a transformative experience, highly relevant to my legal career, equipping me with the necessary tools to contribute effectively to the fight against maritime crime. It allowed me to expand my knowledge, develop valuable skills, and gain practical insights into the complexities of prosecuting such offenses. It also has challenged me to step out of my comfort zone, collaborate with professionals from diverse backgrounds. With newfound confidence and a deeper understanding of maritime law and crime, I am more determined than ever to contribute to the pursuit of justice in this crucial area of law.”

UNODC is committed to continue supporting the Government of Maldives in addressing these challenges to ensure successful prosecutions of maritime crimes.

This activity contributed to SDG 5 and 16: https://sdg-tracker.org/ 

(Supported by the US Bureau of International Narcotics and Law Enforcement Affairs)