Premeditated murder, attempted assassination of the President...
Premeditated murder, attempted assassination of the President...
4 MIN READ
On 27 April 2014, detailed regulations on the implementation of the death sentence, including for juveniles offenders, came into force following their publication in the Government gazette.
The regulation only allows implementation of death penalty for intentional homicide or premeditated murder and only when the sentence is delivered by the Supreme Court.
The regulation requires Ministry of Islamic Affairs to mediate between the victim’s family and the convict. Through this process, which reflects the Sharia principle of Qisas (retaliation), family members who are ‘warith’ (heirs) will be given an opportunity to pardon the convict with or without receiving blood money. The execution will not be carried out even if a single member of the family chooses to pardon the convict. The family is given a 10-day period following the mediation to come to a decision.
Minister of Home Affairs Umar Naseer said the chances of killing an innocent person after completing all the procedures in the regulation were “far-fetched” and “almost impossible.” In January 2014, Minister Naseer had issued an order on the Correctional Services mandating the implementation of the death penalty by lethal injection. The executions would be carried out at a building under construction in Maafushi Prison.
During the campaign for the November 2013 presidential election, incumbent President Abdulla Yameen took a strong position on law and order, campaigning in favour of implementing the death penalty and calling for harsher prison sentences. “Murder has to be punished with murder,” he stated. Maldives is a State Party to two UN treaties, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which forbid capital punishment for crimes committed by persons below 18 years of age.
The age of criminal responsibility in the Maldives is 10. While the new penal code does include the “immaturity excuse” – removing criminal responsibility from those under 15, Article 15c still allows for children as young as seven to be held accountable for so-called “hadd” offences under Islamic law. They include: theft, fornication, adultery, consumption of alcohol or other intoxicants and apostasy, for which punishment – including death – is prescribed in the Holy Koran itself. “Similar provisions in the recently ratified Penal Code, allowing for the application of the death penalty for crimes committed when below the age of 18, are also deeply regrettable,” said Ravina Shamdasani, spokeswoman for the Office of the UN High Commissioner for Human Rights, on 30 April 2014.
In 2014, two new death sentences were handed down, compared to thirteen in 2013.
In 2012, two death sentences were imposed, while in 2011, for the first time in recent years, no new death sentences were handed down in the country. In the previous decade, 14 death sentences were passed. However, these sentences were never enforced and were commuted to life imprisonment under the power vested to the President in Clemency Act.
The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republic of President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.
As of 27 April 2014, there were approximately 20 people sentenced to death by the Criminal Court. The High Court overturned the sentence of one of the convicts, whilst the rest were being appealed at the High Court and had not yet reached the Supreme Court.
On 18 December 2014, for the second time, the Maldives abstained on the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly. In 2010, for the first time, the Maldives had voted in favour of the Resolution. The Maldives had voted against such UN resolutions previously in 2007 and 2008. Premeditated murder, attempted assassination of the President, conspiracy against the sovereignty of the State, and acts of terrorism, are capital crimes in the Maldives.
The regulation only allows implementation of death penalty for intentional homicide or premeditated murder and only when the sentence is delivered by the Supreme Court.
The regulation requires Ministry of Islamic Affairs to mediate between the victim’s family and the convict. Through this process, which reflects the Sharia principle of Qisas (retaliation), family members who are ‘warith’ (heirs) will be given an opportunity to pardon the convict with or without receiving blood money. The execution will not be carried out even if a single member of the family chooses to pardon the convict. The family is given a 10-day period following the mediation to come to a decision.
Minister of Home Affairs Umar Naseer said the chances of killing an innocent person after completing all the procedures in the regulation were “far-fetched” and “almost impossible.” In January 2014, Minister Naseer had issued an order on the Correctional Services mandating the implementation of the death penalty by lethal injection. The executions would be carried out at a building under construction in Maafushi Prison.
During the campaign for the November 2013 presidential election, incumbent President Abdulla Yameen took a strong position on law and order, campaigning in favour of implementing the death penalty and calling for harsher prison sentences. “Murder has to be punished with murder,” he stated. Maldives is a State Party to two UN treaties, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which forbid capital punishment for crimes committed by persons below 18 years of age.
The age of criminal responsibility in the Maldives is 10. While the new penal code does include the “immaturity excuse” – removing criminal responsibility from those under 15, Article 15c still allows for children as young as seven to be held accountable for so-called “hadd” offences under Islamic law. They include: theft, fornication, adultery, consumption of alcohol or other intoxicants and apostasy, for which punishment – including death – is prescribed in the Holy Koran itself. “Similar provisions in the recently ratified Penal Code, allowing for the application of the death penalty for crimes committed when below the age of 18, are also deeply regrettable,” said Ravina Shamdasani, spokeswoman for the Office of the UN High Commissioner for Human Rights, on 30 April 2014.
In 2014, two new death sentences were handed down, compared to thirteen in 2013.
In 2012, two death sentences were imposed, while in 2011, for the first time in recent years, no new death sentences were handed down in the country. In the previous decade, 14 death sentences were passed. However, these sentences were never enforced and were commuted to life imprisonment under the power vested to the President in Clemency Act.
The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republic of President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.
As of 27 April 2014, there were approximately 20 people sentenced to death by the Criminal Court. The High Court overturned the sentence of one of the convicts, whilst the rest were being appealed at the High Court and had not yet reached the Supreme Court.
On 18 December 2014, for the second time, the Maldives abstained on the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly. In 2010, for the first time, the Maldives had voted in favour of the Resolution. The Maldives had voted against such UN resolutions previously in 2007 and 2008. Premeditated murder, attempted assassination of the President, conspiracy against the sovereignty of the State, and acts of terrorism, are capital crimes in the Maldives.
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