The ten year sentence handed down to reggae artist Haisham for possession and use of less than one gram of cannabis is coming under increasing criticism for what many describe as its disproportionate severity.
The Criminal Court on Monday sentenced Haisham Mohamed Rashid, M. Loha, to five years for possession of cannabis and five years for use of the same drug. The sentences are to run consecutively.
Haisham was convicted after being found in possession of a bag which contained the cannabis. He also subsequently tested positive for the drug.
Possession or use of illegal drugs are offences under Section 4 of the Drugs Act 17/77 that carry a penalty of 10-15 years of imprisonment or banishment.
“It is ridiculous that someone should receive concurrent sentences for possession and for use. How can someone use a drug without first possessing it?”, Chairperson of local drugs NGO Journey, Ahmed Adam, told Minivan News.
Adam noted that such concurrent sentences have been increasing lately.
The proposed Drugs and Narcoticts Amendment Bill would combine the offences of possession and use, creating a single offence of ‘possession for the purpose of use’. It would remove the ambiguity in the current Act, and prevent the situation where a judge sentences an offender concurrently for both possession and use.
The new Bill also states that if a person is found with less than 25 grams of cannabis in any form, the courts should assume it was in their possession for the purpose of personal use. If the amount found on the person is less than half of the stipulated 25 grams, the sentence should not exceed six months. If it is more than 12.5g, the sentence can be longer than six months, but cannot exceed a year.
Haisham’s sentences, for being found with less than a gram of cannabis and for its use, is nine years and six months longer than what is proposed in the new Amendment Bill.
The Bill has been pending discussion at the Majlis since 2009. The Majlis is currently on its second recess of the year.
Fellow musicians hold Haisham in high esteem, and describe him as a creative force on the Maldivian music scene.
“It is very sad that someone like him should be jailed,” a 29-year-old musician, who wishes to remain anonymous, told Minivan News.
“It is a bad blow for the Maldivian music industry when such things happen. He works hard, he is trying to make a life for himself – then his freedom is taken away”, he added. “He should have been put on probation. At least then he could still work and make music.”
The issue has ignited the Maldivian blogosphere. Many commentators are drawing comparisons with the recent Criminal Court sentencing of former principal of Lale Youth International School, Turkish national Serkan Akar, who received a Rf 200 (US$14) fine for assaulting children.
In 2009 the Criminal Court sentenced a convicted serial paedophile to six years and in 2010 jailed an HIV positive paedophile, who had sex with two underage girls, to three years imprisonment.
Haisham is described by many as a gentle and charitable family man who “would not harm a soul”. Several have called for a musicians’ protest against Haisham’s imprisonment.
Correction: An earlier version of this story incorrectly stated that Haisham would serve two five year sentences concurrently. The sentences are to be served consecutively.
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five years and five years served concurrently would be FIVE years not Ten. The word you should be using is CONSECUTIVE
Also, the penalty for possession/possession for the purpose of use is 5 - 12 years in the referred Act
I'm all for the musicians protest. I hope they have the balls to organize something.
I really do not see the point of framing this as some sort of injustice or tragedy for the 'Maldivian Musicians Community' which requires reaction from Musicians.
Its not the fact that Haisham is a musician that makes this whole thing sad. Its what this case reveals about the fucking ridiculous mentality, practices and corruption of the Maldivian police, PGO and judiciary.
Many comments on minivan's first article on Haisham's sentence raised points about what a good musician he was and how he has contributed to society and almost seemed to argue that because he was a musician and had made these contributions, he should have been spared. He shouldn't have been sentenced to 10 years because it was less than 10 grams of marijuana, not because he was a musician.
I understand that this is not the main argument of this article in particular, just the comments on the previous article and the people who've been interviewed in this article. Sad that 'someone like him' was jailed? really? probation so that he can continue making music? what about people who aren't musicians then? its perfectly fine to jail them for marijuana possession?
I don't deny that the fact that he was a musician holds great weight in this case. The fact that he was a public figure is why its been recognized as it has and is being discussed on a news website as news. But, this case could cause more dialogue on substantial national problems and while this article attempts to do so, The continued focus on him being a musician, the title of this article and the fact that it ends on the idea of holding a 'musicians' protest' takes focus away from the significant problems with law enforcement and the judiciary that can be raised and discussed through the case.
For far too long these issues have not been paid as much attention in the public sphere as they deserve. It is vital that more people be outraged by these problems than the fact that this happened to a musician. Many have been subjected in the past to what Haisham is being subjected to now, because of these problems. And many more will continue to be because of the state of law enforcement and the judiciary. This is the fact that should be the main highlight now, not the fact that a musician suffers now.
this is a hard blow for the musical industry, yes. But its cause is a national tragedy. bring that to the forefront please.
I say they're quite sanctioned to do so.
After all, take a look at this.
10 years, huh.
Let’s take a tally of crime and punishment, shall we.
200 Rf fine for physically abusing a child.
500 Rf fine for eating during Ramadan.
666 Rf fine for Porn possession.
Stabbed someone?. Go free.
Break into a house and gang-rape a minor?. Go free.
Murdered someone?. Get acquitted.
Imported tons of hard drugs? Go free.
Steal millions of state funds?. Never get prosecuted.
Get caught with about than a gram of cannabis, but can’t pay the judges off?. 10 years in prison.
I do realise the majority of the comments on the previous article does focus more on these broader problems. I suppose its the minority of the commenters and how minivan is handling this that frustrates me. Seriously minivan.
this should be reversed. all musicain should host a show near muliaage to give afaam to hisham like anni gave to himandhoo terrorists;
This sort of thing hurts my brains.
Most pedophiles and murderers walk away free in this country, and a man with a gram of cannabis gets 10 years?
We need to carry out rigorous drug testing of our judges - at least for the duration of trial and sentencing.
this song of freedom.. is all i ever had. redemption song.
free maldivian society from the shackles of unfairness and injustice.
NOTHING IS WORSE THAN PREVENTING AN ARTIST TO EXERCISE HIS CREATIVITY. RELEASE HIM. WHY DON'T THEY TRY TO NAIL THE BIG GOONS WHO ARE DEALERS.
10 YEARS???
RELEASE HAISHAM!!!
I fully support hash punishments to drugies. This is the only practical method to save our lost generation. Education alone would not solve the problem.
I am sentenced for 6 years for a piece of cellophane in the TV rack. Just for having a trace of the Chemical on the cellophane. 6 whole years! Damn!
Whether it is a musician or a political figure or a normal common citizen, when a crime is committed, they should be given proper punishment.....Maldives became beehive of criminals bcoz this was not practiced in the proper way......Hope this will change with the new Supreme Court.......
as far as i know, the judge pass sentences to criminals based on the law of the land. he does not make them while taking a dump before coming to court. the people who decided that a paedo should get 3 years and a cannabis smoker should get 5 years are the lawmakers. yes that includes the drp, mdp, gaumee, pa, jumhooree, guns and roses and whatever others. and they can change these laws...if they cared enough. all you arrogant "enlightened know-it-all" regulars from the now expired maldivian blogosphere seem more and more ignorant and stupid with each comment you post on these public websites.
Haisham is a lot of things ......having met the man, i wud not say he's good company (for me personally).....but i think everyone will agree that he's no criminal.
this is freakin absurd.
even if he was using, that makes him patient, a person who abuses a substance for recreational purpose....and if he's an addict get him to rehab (not Jail).
the country need to open up for the mainstream world view, and have better distinctions between crime and bad habits
ps. i always for fair demonstrations to achieve civilized progress.
almost everybody in maldives smokes or drinks. just some people get caught. if only we could be strong enough to admit this
dhen meehaa maa bob maley vegen uluneema vanee thihen...eyna uley faadah...10 years hama ragalhu...kureefaharu ves red veema dhen ekahala kameh nukuraanamey kiyaafa roi heyrigen salaamai v...mifaharu elibnee 10 years ge course eh....
SO EASY when it comes to musicians huh
http://minivannewsarchive.com/society/three-men-acquitted-of-murdering-14-year-old-boy-11264
Well, we should free all prostitutes, fornicators, drug lords, atheists and all criminals! And we need to arrest all so called "fundamentalists"!!
Hisham being given this 10 year sentence demonstrates how sick our justice system is and how utterly unjust our laws are.
Ahmed Aliased, has summed up the state of injustice in our country. He speaks for all of us, who, like Siraj, wonder when we are going to be free from the shackles of unfairness and injustice.
We are indeed impotent and helpless in light of the absence of the critical laws desperately needed for the reform of our judicial system which includes reforming the primitive Evidence Bill.
Perhaps the tipping point has arrived for us the people to take direct action to pressure the parliament (All members of Parliament regardless of party) to act on the bills which the government has submitted to reform the judicial system.
I think the time has come for the people of this country to do whatever we can (write letters, email, text , lobby our MPs), and failing which organise a march on the parliament and demand our MPS to do the work to honour the rights promised to us by our new constitution.
okay government execute the guy!!! will be a good example for others....
Over 50% of drug users go unpunished.
I speak of cancer sticks which are the most prevalent drug in this country. I'd like to watch the snarky conservatives try to enforce a death sentence for smoking.
They'd have to an hero themselves first.
I am disappointed that the Minivan News in its reporting of the sentencing of Hisham has not addressed the issue of just why the parliament has not acted on the bills submitted by government to reform our justice system. Until and when these bills are passed, we will continue to see more ridiculous situations like what has happened to Hisham. The media is a critical instrument of democracy, it is the responsibility of media to make transparent to us the people the actions of all three structures of a democratic government, The Executive, The Legislative and the Juduciary.
It is my opinion that the delay in acting on the bill submitted by President Nasheed to honour the pledges he made to the people to reform the Drug and Narcotics Bill can no longer be tolerated and this should be a priority of the media.
The speaker is probably off on one of his holidays overseas. As for pushing parliamentary committees to expedite their work, or tabling prioritising crucial bills for discussion, well, he probably has more important things to think about.
justice
still “systematically failing to do justice and regularly doing injustice.” Paul Robinson
hope to see u sing with a soon....HAISHAM
i cant remember how many times you sang of redemption, my friend. but now we, all your friends, are singing of redempetion...
dnt despair you will be with us soon, we will fight for what is right, and that is for you to be free a bit sooner than stated....
peace
musician or not, same law applies for him too. but i do agree that if he is a first time offender than he shud be put on probation and rehabilation. as for the period of sentence, its unfair that abusers and phedophiles recieve shorter sentences. they shud be given equally or even longer sentences.
this is a wake up call for all smoking up in the Maldives. be more careful and cautious when doing it. The incident with haisham proves to show that the illusion one may never serve time for smoking a joint is not one we should be so comfortable with.
Although there are injustice within the justice system and problems with the drugs 7 narcotics bill, neverthelss, justice must be served. it is sad and very unfortunate a good guy like haisham had to take the fall. but he deserves to be processed within the system for taking drugs to a resort (his place of work)
let us hope he does some time and then be eventually released much sooner than his full term.
No one is above the law....
When you look at the fact that rapists get lesser sentences, murderes walk free,drug dealers walk free, pedophiles get like 3 years,Haisham's sentence is way over the top.
Even just looking at what he did the punishment does not fit the crime.
Lets hope atlast this is a wake up call for the citizens to do something about our pathetic justice system.
If his fellow musicians stands up and organizes something i am sure there would be loads of people who'd join.
Haisham did not deserve this harsh a punishment.
I agree very much with the 10 year sentence bcs hes a famous musician that our kids look up as an idol..and when he does drugs he should be punished as a example to our kids..if he goes free its like telling the kids that drugs are ok...i say dont let him free...let him rot and die in jail....we dont need another druggy musicina running around destrying our religion and our social fabric...all druggies, rapists, pedophiles including that quran guy should be jailed the same way..i say the punishment should be increased and extreme if necessary to protect our nationhood.
It is a fact that harsh penalties are always given to lowly ordinary people.
Have 10g of cannabis, get 10 years jail.
Deal 10kg of cocaine, you go free, coz you are well connected.
Of course, they are well connected, with all that money, anyone can be connected.
I say legalize or decriminalize drugs. That way politicians and high rank officials cannot make money out of black market high price drugs.
Also, punishments for victimless "crimes" should be made much more lenient.
I welcome the judiciary system for the verdict they have given.Now we know that no one is above the law. I'm suprised to hear that the musicians want have a demonstration in order to release this fellow. Does that mean all musicians in this country are drug addicts????
jilwaz:
The only thing that makes less sense than your comment is the justice system.
I'll give him another year for touching my butt behind my husband's back, haha, horny guy!
Safeea and Leena you both are mad of so called singer. the judges first finish the hearings and based on the hearings they take the decision. The y take their decision based on the evidence and according to the law. You people without knowing the reality just saying or passing comments is not good at all. Music is haraam in Islam, so Haisham had done double haraam thing, thats singing and using drugs. Cummon girls come to the right path. This is not only the place to live. Remember we all have to face the death one day. So get ready for that Leena and safeea
For all these whiners who speak of "no one is above the law", sorry to burst your bubble, but rapists, major drug dealers, thieves and other assorted criminals who can pay off the judges always are above the law.
And Mr. Jilwaz, how typical of you, when people protest against injustice - they get labelled as drug addicts.
Much like those MDP protesters in 2003 were labeled as "treasonous terrorists".
This is the time for all musicians to do something for good! This is just unreasonable and out of question!. With such a calibration all pedophiles etc should be killed immediately.
To Mr Aliased:
The example of people like you are like the people who demonstrated in Virginia when a 41 year old woman was given death for double murder. Not for once did the demonstrators wanted to question why she hired two men in 2002 to murder her husband and stepson to pocket their life-insurance policy. All they were demonstrating was about of the punishment the court had ordered to give to her because of the crime she had committed.I'm asking the question if a drug addict storms into your home robs your valuables,rapes your mother will you still be demonstrating for his freedom on the streets just because he is famous???
Punishing Haisham is not going to change anything or have any impact except destroy another young man. The verdict does more harm than good.
Its ridiculous when everyone is addicted to cigarettes which is more harmful than cannabis.
But hey...dont forbid smoking cos it was not too long ago our first president forbade tobacco.... Are we then unanimously as a country agreeing it is okay to take nicotine.......and if we do it is not a drug...what a joke...We might need more jail space..
Release him..give him six months social work..do whatever but for God's sake...don't keep him jailed for even a year...
everyone shall be equal before the law. where the law is lacking in some areas is no excuse to equate that deficiency with other areas where its doing well.
So when a musician possesses drugs he shall be free... HAN! I'm surprised to see the quote of the Ahmed Adam. What shall the judge do when a person posses 1Kg of drugs and he was positive in the urine test.
this is not new , dis hav been happening for a long time now , ,
heroin users getting off wit a 6 month rehab, while cannabis users caught face years locked up , , so many ppl go to jail for smoking a joint , come out hardcore criminals , , and the insane thing is , , our public blame them. not the system , ,
this is not new , , wats new is dat it happen to Haisham , some1 every1 knows'
to dear Jilwaz
my brother has been tested positive for a drug and he must be rehabilitated if so,but i am 100% sure that he will never storm into ur house,he never would like to rape ur mother and he will not steel from u,he is a nice guy and will not harm anyone but he have done a mistake.so i think ur brain is great to know that he should be brought back from the bars before he is raped by the actual rapers in the jail n b4 he is beaten by the murderers in jail.its not just because he is famous,its bcos he is our brother n its bcos humans make mistakes
to dear Jilwaz
my brother has been tested positive for a drug and he must be rehabilitated if so,but i am 100% sure that he will never storm into ur house,he never would like to rape ur mother and he will not steel from u,he is a nice guy and will not harm anyone but he have done a mistake.so i think u have a brilliant brain to understand that he should be brought back from the bars before he is raped by the actual rapers in the jail n beaten by the real murderers in jail.its not just because he is famous,its bcos he is our brother n its bcos "humans make mistakes thats why pencils has got an eraser"ishantay
Miki,
I was referring to the much needed reform we need to see in our justice system. I believe our laws are outdated and need to be reformed.
Your comment that "the judges first finish the hearings and based on the hearings they take the decision. They take their decision based on the evidence and according to the law". Are you saying here that all the murderers, rapists and the drug dealers being set free by our judges are innocent and the victims of Police Corruption?
Your comment that " I am mad of so called singer...." misses and deflects the urgent need for reform in our justice system and our laws that I was trying to draw readers attention to. It is my opinion that it is not justice when drug dealers are being set free by our Judges. It is not justice when rapists, child molesters, murderers are being set free by the courts.
The issue here, Miki is not Hisham, it is the unfairness and injustice in our nation.
Mr. Jilwaz; you pose a very good question indeed - or at least it would be if Mr Haisham had actually raped someone, or broke into houses and robbed someone.
Unfortunately for you, Haisham was only convicted of possessing and using cannabis, which is considered less harmful than the cigarette - and thus your whole point is moot.
So what if some people protest the execution of a mentally impaired woman on the other side of the world?. It has no bearing on this case.
Nice try trying to label Haisham as a robber and rapist, and his supporters as drug addicts, though.
I wonder how many people will be there in the maldives, at any given time will have a gram of cannabis in their possession?
drug addicts are so much prone to all other mentioned crimes; raping, robbing...etc.
if you guys are emotionally driven for this guy, why don't you just first acknowledge what he has done is wrong.
...and whats the fuss about, go to presidents office website and just fill out the clemency form and the duration can be yours. After all, its 'your president'!
If you think positively, I think he can still make good music in the jail, plus he can make a musical revolution in the jail. Just, you know, extend his during in there. He will get more cannabis from there, he can be more creative. Plus if anyone wants to meet him, just go make a visit.
One very important thing... him being in jail is very good for him. Specially since he is a good musician/artist. hehe, this is something he can sing about you know.
Just pray he doesn't turn g*y their. Oh, I forgot, it doesn't matter.