Tag: child abuse

High Court rules circumstantial evidence sufficient proof for child sexual offences

The High Court has ruled that in cases concerning sexual offences against children where there is not sufficient evidence as specified in the law,  the offence can be proven in court based on circumstantial evidence.

The unanimous ruling was passed by a panel of three judges who presiding over an appeal lodged by a defendant, who had been sentenced to 10 years in jail by the Baa Atoll Fehendhoo Magistrate Court on charges of sexual abuse involving a child.

Act number 12/2009, detailing special actions to be taken in cases of sexual offenses against children, states that a minimum of 5 out of 12 types of evidence specified in Article 47 must be presented for the crime to be proven in court.

An official of the Baa Atoll Fehendhoo Magistrate Court told Minivan News that the case had been concluded by the court on June 21, 2011.

She said the incident itself involved allegations that Ali Abdul Rahman of Blue House, B. Fehendhoo had sexually abused an underage boy from the same island on July 24, 2010.

She also confirmed that the case had been concluded regardless of the required five types of evidence not having been presented, on the grounds that there was enough circumstantial evidence to prove the offence had occurred without a doubt.

Minivan News reported earlier this month a case involving an underage girl who was was sentenced under Sharia law to 100 lashes and eight months house arrest for fornication with a 29 year-old man. The man was sentenced under common law to 10 years in prison.

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NGOs begin child abuse survey on Thinadhoo and Fuvahmulah

The Maldivian Red Crescent and Canadian Red Cross have begun compiling a survey on the islands of Thinadhoo and Fuvahmulah to help determine public understanding of incidents of violence against children and young people, local Media has reported.

As part of a three year Violence Prevention Project being conducted by the NGOs on the back of fears of an increase in reported cases of violence against children, the survey will be used to assist efforts on educating members of the public over abuse of young people.

According to the Sun Online news service, the survey is expected to be completed and sent to local authorities by September 30.

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Superboys and supergirls at heart of charity focus ahead of Ramazan

It is a fairly uncommon site in Male’, if not anywhere else in the world.  A young Superman is sliding down the banisters of the capital’s national stadium, closely followed by a no-less fearless Snow White, several fairies and a princess, all while several marching bands provide a regimented soundtrack to the high-energy goings-on.

Rather than a colourful breakdown of order in Male’ amidst present political tensions, the event held in the capital yesterday represents attempts by a growing number of NGOs to provide fundraising and awareness programmes aimed at children in the run-up to the holy month of Ramazan that begins in August.

Local NGO Tiny Hearts of Maldives and the Advocating the Rights of Children (ARC) organisation have both this weekend launched initiatives designed to capitalise on the charitable spirit said to be at the heart of Ramazan.

Tiny Hearts race

Tiny Hearts, which was set up three years ago to help local youngsters suffering with Congenital Heart Defects (CHD), yesterday organised a fancy dress run attended by 400 pre-school children.  The event was supported by a number of organisations like the Diabetic Society of Maldives, Maldivian Red Crescent, the Scout Association of Maldives and the Maldives Girl Guide Association.

Five pre-schools participated in the race, including the Galolhu Madhrasa, Hulhumale Preschool, Maafannu Madharsa, Sheikh Abdul Rahman Preschool and Zaailing Preschool.

Music during the event was also provided by the brass bands of Iskandhar School, Jamaaludheen School and Imaadhudheen School.

According to the local charity, the ‘Race for Tiny Hearts 2012’ project was focused mainly on promoting physical activity in young Maldivians, whilst trying to encourage parents to do more at the family level to promote heart health.

Having previously been involved with high-profile attempts in the country to raise funds for its work, including an ultimately unsuccessful attempt to make the record books last year, CHD was not the sole focus of yesterday’s event for Tiny Hearts.

The charity nonetheless said that it had been able to raise awareness of both its own and other charitable organisations’ commitments and aims during the two hour event.

“We aimed and managed to engage various other institutions to work actively alongside charitable organisations to achieve goals that benefit society,” Tiny Hearts stated.

While yesterday’s series of races served as a fun family event for participants, Tiny Hearts has claimed that during the last three years, it has not only provided advice and awareness campaigns regarding CHD, but to also provide logistical and financial support in ensuring there is hope for child sufferers of heart defects.

The NGO estimates that 250 CHD patients have been able to fly abroad for specialist surgeries and healthcare, while the group has also worked to bring paediatric cardiologists to the Maldives for more direct assistance.

ARC Ramazan collection scheme

Yesterday also saw the ARC charity launch its 2012 Ramazan collection campaign designed to collect goods and other essentials for children of all ages that are raised in shelters.

A spokesperson for the charity today told Minivan News that the scheme, which had also been run back in 2011, was designed to aid the work of three key children’s shelters in the Maldives.   These shelters include; Kudakudhinge Hiya on Villingili, the Education and Training Centre for Children (ETCC) on Maafushi and Feydhoo Finolhu’s Correctional Training Centre for Children.

“Ramazan in the Maldives is a time where the majority of people went to help others and are in a giving mood. We have aimed this for now, as families will be buying lots of new things and we ask them to think of less fortunate children,” an ARC spokesperson said.

“We ran this project last year as well and found a lot of interest in people wanting to help, though not knowing how to. We looked at the needs of these shelters and have compiled a list. Collections opened yesterday (July 6) and will continue until next Saturday (July 14).”

The collections are taking place at the ARC office located on the second floor of M. Nooraaneeaage on Orchid Magu in Male’. Collection hours are between 2:00pm to 6:00pm from Saturday until Thursday. On friday, collection will occur between 4:00pm and 6:00pm local time.

According to the charity, the collection will take a large range of goods from clothing and apparel, to toiletries, toys, foods, books and stationery.

A full list of the goods needed can be read here.

Looking to its aim for the year ahead beyond Ramazan, a spokersperson for ARC said the organisation did not have a clear strategy regarding specific fund-raising events.

“We tend to work on a project-by-project basis, which has mainly seen us helping the shelters such as through capacity building initiatives and providing Parental Effectiveness Training (PET) projects for care-workers. It is important to support these care-workers as they are effectively parents to children as these shelters,” the spokesperson said.

ARC is presently involved in establishing a 
PET
 scheme amongst staff at the ETCC
 site in
 Maafushi.

The programme, which is being overseen by certified instructors has been devised by the charity in an attempt to give caregivers the means to better understand and deal with issues facing the children they look after. A similar PET programme was provided at Kudakudhinge
 Hiya in July 2011, the charity added.

Alongside focusing on national awareness projects relating to areas such as health and nutrition and child abuse, ARC claimed it also had a secondary function of providing sports programmes in fields such as badminton and chess to children living in the environment of a shelter.  The charity has also been involved in the provision of additional assistance and tutoring to assist underprivileged children with their school work and studies.

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Delays slow implementation of public sex offenders registry

Almost one in seven children of secondary school age in the Maldives have been sexually abused at some time in their lives, according to an unpublished 2009 study on violence against children.

Gut-wrenching details of heinous child sexual abuse cases grabbing headlines in the past few years eventually gathered enough public pressure in the Maldive  for the  authorities to pass a law stipulating stringent punishments for sexual predators.

Since the passage of “Stringent Punishments for Perpetrators of Sexual Violence Against Children Act’ in 2009, several pedophiles have been incarcerated for 10 to 20 years of life.

According to Prosecutor General Office (PGO), 46 cases of sexually abusing a minor were submitted to the courts in 2011. In 2010, 35 cases were submitted. The year before, 41 cases.

Some high profile cases make headlines but often cases go under-reported. With no public statistics on the number of incarcerations, the total figures on how many cases are successfully prosecuted and who has been put behind bars are unknown.

Yet, more cases are being reported and investigated.

In 2010, the magistrate court on Ungoofaaru island alone convicted eight people in relation to 10 different child abuse cases from Raa Atoll. Among them were fathers who raped their daughters, a mother who hid her husband’s sexually deviant crimes,  and men who abused little boys no older than 10.

Do you know who they are? No – but it is definitely your legal right to know.

Article 77 of the aforementioned legislation not only obligates the authorities to publicise  the identity of the offenders convicted under the law, but also tells the authorities to create a website through which the can public know who the sexual offenders are.

Were the system stated in law to be established, people can even retrieve information on sex offenders by sending a text. Almost four year after the law has been passed, the Gender Department says the system “is still under maintenance.”

According to Police Sergeant Abdul Jaleel fromt the police Family and Children Protection Department (FCPD), discussions are underway between the authorities to create the database of offenders. He admitted, “the delays are unfortunate and we need to make it a priority issue.”

Stressing on the importance of such a database, Jaleed recalled an incident in Meemu Atoll where a man who had a record of child abuse was found to have committed the same crime against another child.

“This man was banished to an island onto an island in Meemu Atoll. When we were investigating a child abuse case in 2009, we found that this man was responsible and he even had a previous record of abusing children.” Jaleel noted. “But the islanders did not know that.”

He noted that the dispersion of the 300,000-strong population over 190 islands made it easier for perpetrators to switch islands, and blend in among people unaware of their crimes.

“Therefore, a central website where sex offenders can be tracked, monitored and public can find about the convicted offenders is crucial to safeguard children and adults from such perpetrators.” Sergeant Jaleel observed.

“It would also definitely expedite our investigations with better coordination between authorities on different islands.”

Several countries worldwide have adopted such measures.

For example, the National Sex Offender Public Website (NSOPW) in the US, provides not only an opportunity for several states  to participate in an unprecedented public safety resource by sharing public sex offender data nationwide, but provides a platform for parents and authorities to collaborate for the safety of both adults and children.

However, often arguments are taken against such public registries as it may be defamatory and makes life difficult for a person identified as a “sexual predator”.

Jaleel agreed that the idea of a public sex offenders registry is new to the Maldives and may face similar challenges.

However, he argued that legislation can be made clarifying who can be included or not depending on the magnitude of the crime. “If we look at domestic violence cases, the perpetrator’s name can be avoided depending on whether it was first offence or the matter is solved if its between a couple.”

“But in heinous crimes such as sexually abusing a child, there should be no excuses,” he contended. “And repeat offenders must be made public too.”

He also said provisions can be made whereby police or authorities can decide to release a name of a person not convicted for the sexual offence, should they have reason and substantial evidence to believe the person is a threat to society.

Aishath Ibrahim, the mother of a five year old working as a teacher in Male’ says, “It will be very easy for parents to identify potential threats and protect our children if we can know who the offenders are.”

“Today we don’t even know who is our neighbor,” she added.

In the crowded capital Male’, people live closely together in rented housing or shared apartments within large family units, a factor that has been identified as contributing to instances of child sexual abuse.

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44 year-old man arrested for sexually assaulting six year-old

A 44 year-old man was arrested on Friday after he was accused of sexually abusing a six year-old kid on the island of Hinnavaru in Lhaviyani Atoll, police said.

Police said the man was arrested with a court warrant on Friday afternoon at about 3:25pm.

Hinnavaru Police and Police Family and the Child Protection Unit are conducting a joint investigation into the case.

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Record high convictions of child sex offenders in Ugoofaaru court

The magistrate court on the Ungoofaaru island of Raa atoll has sentenced a  man to 15 years imprisonment for sexually abusing his step daughter.

He was also found guilty of possession of pornographic images and sentenced to additional four months in jail.

The man was arrested from Maduvaree island and charged under the Use of Special Procedures in Dealing with Child Abusers Act which stipulates strict punishments for persons found guilty of sexually abusing children.

Ungoofaru magistrate court has a notable record in convicting child sex offenders from Raa Atoll, which has a population of nearly 20,000 on 16 different inhabited islands.

In a press statement released Monday,  the Maldives Police Service noted that last year Ugoofaaru court had convicted eight people in relation to 10 different child abuse cases.

In February 2011, the court sentenced a man from the island of Kinolhas to 10 years in prison for abusing a 12 year-old disabled girl, and another man from Ugoofaaru was sentenced in April to 10 years imprisonment for sexually abusing a 17 year old girl.

A man from Rasmaadhoo was found guilty of sexually abusing his step daughters aged 12 and 14 for several years. He was sentenced to 15 years in jail while in a similar case a man from Alifushi was sentenced to 20 years in jail for sexually abusing his 17  year old daughter on multiple occasions.

Ungoofaaru court had also sentenced a man from capital Male’  to 20 years imprisonment after he was  found guilty of threatening his 15 year old daughter with a knife and sexually abusing her. His wife from Maakurathu was meanwhile sentenced to six months in jail for hiding her husband’s crime, while another man who had given strong medicine to the 15 year old girl was fined up Rf 200 (US$13).

In October, the court sentenced a man from Kandolhudhoo island for sexually abusing a 13 year old boy and later had that month also sentenced a man from Inamaadhoo island for sexually abuing an 11 year old girl.

The police observed that all cases were investigated by the Ungoofaaru police station in partnership with the Family and Children Centre on the island.

According to the Gender Department, a total of between December 2010 and October 2011, 1,138 cases of child abuse were reported to from atoll family and children service centres. A total of 1,005 cases involved minors while 133 cases involved victims aged 18 and above.

Approximately a third of the 81 cases involving children less than one year-old involved neglect. Sexual abuse was reported in a quarter of the 192 cases for age group one to five, and in a fifth of the 230 cases age group five to ten.

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Criminal Court Judge acquits MP Adil citing lack of evidence

Criminal Court Judge has acquitted Maldivian Democratic Party (MDP) MP for Maradhoo constituency in Addu City,  Hassan Adil, from the charges of child abuse submitted by the state.

The judge said that the state had failed to present sufficient evidence as per the requirement of Article 47 of the Use of Special Procedures in Dealing with Child Abusers Act, and that therefore Adil was not guilty.

If he had been found guilty, Adil would have face imprisonment for a period between 10 to 14 years and would also have lost his seat in parliament.

According to the Maldives constitution, a parliamentarian loses his seat if he receives a criminal sentence of more than a year.

Article 3, clause (a) of the Use of Special Procedures in Dealing with Child Abusers Act states: “If a person touches a child with sexual intention, it is deemed as an offence.”

Clause (c) of the same article states: “If a person is guilty of the offence stipulated in clause (a), the punishment for the offence is imprisonment for a period of between 10 to 14 years.”

In order to find a person guilty of the charge, the state has to provide sufficient evidence according to article 47 of the act.

Police arrested Adil on 4th April 2011 with a court warrant, and on the next day extended his detention period for 15 days. He was later transferred to house arrest.

On June 12 last year the court granted the Prosecutor General (PG) permission to hold Adil in house arrest until the trial reached a conclusion.

However, Adil was later given conditional release from house arrest by the Criminal Court..

Police at the time alleged that Adil sexually abused a 13 year-old girl belonging to a family with whom he was close friends. The family of the victim had raised concerns over the delays in filing the case in court by the Prosecutor general.

MP Hassan Adil was originally elected to the parliament under the ticket of Dr Hassan Saeed’s Dhivehi Qaumee Party (DQP), however he switched allegiance by defecting to then ruling Maldivian Democratic Party (MDP).

“I believe that the government is conducting many development projects at a high speed, and I signed with MDP for the development of my area at the request of [my constituents],” he said, speaking to Minivan News after switching sides.

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Man walks free after 2-year murder trial

Mohamed Waheed of Maafanu Goalwich, accused of murdering his girl friend’s eight-month old child in June 2009, has been freed by the Criminal Court on the grounds that the Prosecutor General’s Office (PG) failed to prove he committed the crime during the two year long trial.

Judge Abdullah Didi who heard the case concluded today that Waheed refuted the murder charge, while no substantial evidence was provided to the court by PG to prove that Waheed had caused any harm to the child.

The Judge noted that in cases such as this, the prosecutors must prove the alleged party is guilty “beyond reasonable doubt” and since enough evidence was not presented, the court acquitted Waheed.

However, the baby’s mother, Noorzaadha Ali of Addu Atoll Hithadhoo, was sentenced to six months imprisonment in April 2011 for negligence.

Ali was not herself charged with murder, although the court ruled that she was in violation of elements of the Penal Code.

According to local media, the presiding judge said at the time that the suspect had not vaccinated the baby, taken proper care to clean the child, and failed to explain internal and external injuries to her child.

On the basis of these findings, the judge declared that Nooruzaadha had neglected her duties as a mother.

The eight-month-old baby boy died in the intensive care unit of Indira Gandhi Memorial Hospital (IGMH)  in June 2009.

Three suspects were arrested in connection with allegations that he had been physically and sexually abused. These suspects included the victim’s mother, then 28; her boyfriend Mohamed Waheed, then 46 and from Male’; and a third man whose identity has not yet been revealed.

Addressing media at the time, Inspector Hamdhoon Rasheed, head of the police investigation unit, said initial test results revealed the baby had extensive injuries. The examination also revealed signs of sexual abuse.

Rasheed said the boy had suffered head and neck injuries, and was covered in scratches. The hospital reported the case to police after Waheed took the baby in for medical care.

Nooruzaadha has a long history of criminal activity, according to both police and the prosecutor general’s office.

She was arrested twice in 2002, once for sexual misconduct and the second time for prostitution, said Deputy Prosecutor General Hussein Shameem.

She was sentenced to eight months house arrest for the first offence, which she breached, and six months imprisonment for the second.

The same year, she was put under house arrest for disobedience of order, which she violated and was fined Rf150 (US$12). In 2006, she was arrested on the same charge and was ordered to spend two months in jail.

In 2004, Nooruzaadha was handed a six-year sentence for possession of drugs and in 2005 and 2007, she was given two 12-year sentences on each occasion for drug possession.

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Children, disabled and elderly unprotected: Human Rights Commissioner

The Maldives’ Human Rights Commissioner Mariyam Azra today said the country needed to improve its enforcement of those rights given to all world citizens under the Universal Declaration of Human Rights, drafted over two years between 1947 and 1948.

December 10 marked International Human Rights Day. The declaration was adopted and proclaimed by the United Nations General Assembly, and is the most translated document in modern history – it is available in more than 360 languages with more translations being added on a consistent basis.

In a statement released on Saturday, Azra said human rights are undeniably given to individuals, groups, and entire societies.

“The state should take particular care in enforcing the rights of children, the elderly and disabled as well as to concentrating on the general condition of the society,” the statement read. Poor education and domestic troubles including divorce and poverty are among the obstacles preventing children from realising their full potential.

Azra also observed that political and economic divisions needed to be overcome to create a more open and accessible society for the next generation.

Rights within the home were recently addressed during “World Day for Prevention of Child Abuse“, and UNDP followed up with “Did You Know?“, a public event to raise citizens’ awareness of their civil rights and how to exercise them in the Maldives’ democracy.

Speaking to Minivan News at the time, Human Rights Commission Maldives (HRCM) Commissioner Tholal attributing misconceptions of human rights in the Maldives to social instability. “There’s this idea that if a prisoner has rights, it’s at someone else’s expense. But human rights are not about protecting one person’s rights and not another’s.”

Tholal expected that public understanding of human rights would improve as the country adapted to the many change it has weathered since the government took office in 2008.

Azra said further measures were needed to guarantee given rights after declaring that children, elderly and disabled were not protected under any coherent system. She said the government has a wide responsibility to promote human rights by providing shelter and medical care, among other social services. According to the statement, the cost of ignoring these services is high.

Azra also reminded the government of its duty to ensure the humane treatment of expatriate workers, a demographic that has received attention for being widely abused and inappropriately imported at alarming rates.

Events are being held world wide in honor of International Human Rights Day. In a statement, the British High Commissioner to the Maldives and Sri Lanka said that while the declaration was “signed in a very different world to the one we live in today”, the core values remain the same across the region.

Social media, he said, is an important means for guaranteeing that world citizens are informed, protected, and able to promote human rights on all levels.

In a recent case, the Maldives rejected UN Human Rights Chief Navi Pillay’s request that the government issue a moratorium on flogging. As a debate grew over terms of human rights and religious integrity within a Muslim country, Tholal made the following observation:

“The key thing for the public to understand is that the Maldives is a 100 percent Muslim country,” he said. “The rules and regulations that this status calls for can exist within the framework of human rights. They’re not incompatible. If anyone says otherwise, they negate the mission of the HRC. The idea that human rights are compatible with Islam, and the constitution, needs to be accepted by the people.”

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