How Maldives Extradition Works: Treaties, Grounds, and INTERPOL

Extradition in the Maldives is governed by the Extradition Act (Act No. 1/2015), which sets out when a person can be surrendered to a foreign country for prosecution or sentencing. Two features define the system: Maldivian nationals cannot be extradited under any circumstances, and despite having a full legal framework on the books, the country has never processed a formal extradition request.¹

Maldivian Citizens Cannot Be Extradited

Section 12 of the Extradition Act prohibits the extradition of Maldivian citizens to any requesting country. This is a mandatory ground for refusal. No court, minister, or official has discretion to override it.¹

That does not mean citizens are shielded from accountability for conduct abroad. Where the alleged conduct would also be a crime under Maldivian law, the Maldives may prosecute domestically using evidence supplied by the requesting country. This substitute approach is written into the framework, though it has not yet been applied in a real case.¹

What Offenses Qualify

Extradition only works if the conduct is criminal in both the requesting country and the Maldives. Section 13 uses a conduct test, so the court examines the underlying behavior rather than demanding the two countries use the same name for the offense.¹

There is also a sentence floor. The offense must carry a possible prison term of at least one year under the laws of both countries. A fine or a sentence under one year disqualifies the request. The dual criminality requirement may be relaxed for fiscal offenses such as tax or customs matters.

Grounds That Block Extradition

Section 14 lists situations in which extradition must be refused even when the conduct and sentence tests are satisfied:

The alleged offense is political in nature. Ordinary crimes such as assault or fraud do not become political merely because a political figure is involved.
There are substantial grounds to believe the request targets the person because of race, religion, sex, nationality, or political opinions.¹
A substantial risk exists that the person would face torture or degrading treatment in the requesting country.
The requesting country has not provided assurances that it will refrain from imposing or carrying out a death sentence.

The citizenship bar in Section 12 operates as an additional mandatory refusal.

How a Request Moves Through the System

A foreign government submits its request through diplomatic channels. The Prosecutor General’s Office, which serves as the Central Authority for both extradition and mutual legal assistance, conducts an initial review to confirm the request complies with the Act and any applicable treaty.² If the request passes screening, the Prosecutor General may apply to a court for an arrest warrant.

At the extradition hearing, the court’s role is narrow. It checks whether the formal requirements are met, including dual criminality and the sentence threshold, and whether the requesting country has produced enough evidence to establish a reasonable case. It does not conduct a trial on the merits.

If the court certifies the person as eligible for extradition, the decision moves to the executive. The relevant minister weighs legal and policy factors and keeps discretion to refuse surrender even after a positive court ruling. Humanitarian concerns and national interests can shift that outcome.

Provisional Arrest Before the Formal Request

Section 20 allows a person to be arrested before the full request has arrived, when authorities reasonably believe the person is in the Maldives or soon will be.¹

The timing rules are strict. A provisionally arrested person must be brought before a court within 24 hours. The court can remand the person in custody for up to 45 days, with a possible second 45-day extension if conditions are met, or release the person on bail with conditions. The requesting country must submit its formal extradition request within 14 days, unless a treaty between the two countries sets a different deadline.¹

Rights of the Person Sought

The 24-hour appearance rule prevents detention without judicial oversight. Bail is available in principle, though courts weigh flight risk heavily in extradition matters. Under Sections 17 and 23(b), a person may consent to surrender and waive the full hearing, provided the consent is informed.¹

When the Maldives Requests Someone From Abroad

Outgoing requests originate with the Prosecutor General’s Office, which assembles a domestic arrest warrant, charging documents, and a summary of the supporting evidence. The package goes through the Ministry of Foreign Affairs to the requested country via diplomatic channels.²

The outcome depends on the receiving country’s rules. Where dual criminality applies on the other side, the Maldives must show the offense qualifies under both systems. The scarcity of bilateral extradition treaties makes this harder, which often pushes outgoing matters toward informal cooperation.

INTERPOL and Red Notices

The Maldives operates a National Central Bureau in Malé, linked to INTERPOL’s secure I-24/7 network and global databases.³ Maldivian authorities can issue and receive Red Notices. A Red Notice is not an extradition request, but it often triggers a provisional arrest under Section 20 while the formal paperwork is prepared.

Why the Formal System Is Untested

The Maldives has never processed a formal extradition request, incoming or outgoing. Cross-border criminal matters, particularly with neighboring jurisdictions, have been handled through administrative measures instead.⁴

The Prosecutor General’s Office has received informal pre-request communications but does not currently maintain a case management system for extradition matters. International evaluators have identified two structural weaknesses in the framework: the absolute bar on extraditing citizens, and the near-total absence of bilateral extradition treaties.¹

Anyone dealing with a cross-border criminal matter involving the Maldives should expect informal channels to carry most of the weight in practice. The formal extradition process exists in law, but it has not yet been tested in a real case.

1
Asia/Pacific Group on Money Laundering. Anti-Money Laundering and Counter-Terrorist Financing Measures – Maldives
2
The President’s Office. Maldives’ Participation in the Treaty Between the Republic of Maldives and the Republic of India on Mutual Legal Assistance in Criminal Matters
3
INTERPOL. Maldives
4
Asia/Pacific Group on Money Laundering. Ania/Pacific Group on Money Laundering. Anti-Money Laundering and Counter-Terrorist Financing Measures – Maldives