Tag: death penalty

Goverment will enforce death penalty, declares President Yameen

President Abdulla Yameen Abdul Gayoom has declared that the Progressive Party of Maldives-led (PPM) coalition government will implement the death penalty despite international pressure.

Speaking at a campaign event for PPM MP Ahmed Mahloof in Male’ last night, President Yameen said his administration’s decision to enforce the death penalty was a “historic day” in the Maldives’ democracy.

“Enforcing the death penalty is not something I will do because I want to. This is a very difficult thing. This is not an easy thing to do for any president or [public] servant. But our society cannot bear the loss of a life as well as the opportunity for further loss of life as a result of not respecting [the value of a human life],” he said.

“For that reason, no matter how much I don’t want to do it or how difficult it is, I have to do this on behalf of the people as they have placed that trust in me.”

President Yameen revealed that the government had formulated regulations implementing capital punishment on Thursday, based on the advice of the cabinet.

The government decided to enforce the regulations to ensure the safety and security of the community, he said, adding that the public wished to see action taken to stop the “slaughter of innocent citizens.”

Moreover, a majority of the Maldivian people were in favour of introducing the death penalty despite opposition from international partners, Yameen contended.

He stressed that a convict would only be put to death in accordance with Islamic Shariah following due process through the courts.

At the final stage, he explained, the Supreme Court would decide whether capital punishment was warranted as qisas (retaliation).

Under the new regulations specifying procedures for enforcing the death penalty, President Yameen said that both the victim’s and the convict’s family would be consulted after the Supreme Court decision to see whether the former demanded the death penalty and not blood money as retaliation.

Following an order issued by Home Minister Umar Naseer in January to the Maldives Correctional Services for implementation of the death penalty through lethal injection, Amnesty International called upon the government to halt any plans to end the current moratorium on the death penalty.

The international human rights organisation described the possible reintroduction of capital punishment as a “retrograde step and a serious setback for human rights in the country”.

Meanwhile, President Yameen – on a state visit to Sri Lanka at the time of Naseer’s announcement – subsequently promised “broad discussions” on the issue in his cabinet.

Death sentences have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954 for the crime of practising black magic.

The Maldives currently has 20 prisoners sentenced to death by the Criminal Court.

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Comment: The politics of the death penalty in the Maldives

In a presidential campaign rally in 2008, former President Maumoon Abdul Gayoom dismissed the issue of death penalty:

“Maldivians won’t accept it. The international community no longer accepts it…this can’t be done in the Maldives.”

Five years’ on, and such a statement from a major politician seems unthinkable. In fact, in 2012, in the aftermath of the murder of Afrasheem Ali, Gayoom stated: “Death penalty is an option.”

Not mainly a religious or human rights issue

Coming from a secular liberal background, a person may conveniently blame the changing nature of this issue to a rise in ‘fundamentalist Islam’, Islamism, or Salafi puritanism.

Without denying the reality of re-Islamisation, this explanation comes partly from a fundamental fear of Islamism by secular liberals. The death penalty goes deeper than religion or liberal human rights.

While none in this debate claim that criminals should be set free, in 2008 Gayoom eloquently argued that forgiveness is more preferred in Islam. The Islamist side has been largely silent on the emphasis of mercy in Islam, thus making it difficult to limit the Islamist calls for death penalty to religion.

Even during President Amin’s time, the execution of the death penalty was not particularly meant to fulfill a religious obligation by a religious state. Amin’s constitution – based on Ceylon’s constitution granting dominion status – was one of the most secular and authoritarian of all Maldivian constitutions. Back then, Ibrahim Shihab claimed: “I could not find in the Republican Constitution any concern for Islamic principles and Divehi conventions’. Amin himself was accused of being ladini (irreligious).

Now take human rights. The right to life is the main basis for rejecting capital punishment under mainstream liberal conception of human rights. Yet, the death penalty has no equal juridical, advocacy, or enforcement status to other basic rights like freedom of religion, which has been completely denied in the Maldives.

In reality, for both sides, death penalty is about the very identity, the very nature of the state. It is indeed one test case for the ‘Islamist state’ – or the ‘secular state’, depending on which side one stands in the debate. The death penalty is about this mutual fear of the perceived influence and control by one side over the other with regards to the nature of the Maldivian state.

A matter of secular yet illiberal politics

While the death penalty may be a life-and-death issue about the nature of the state for liberals and the Islamists, the real actors and the real issues in this debate are neither religious nor liberal – though Islamism and human rights now feed into the background context of this issue.

The real actors who will determine the issue one way or the other are the secular (yet illiberal) politicians.

The real issue is instrumentalisation of religion and Islamo-nationalist sentiments of the people for political gain by ordinary politicians. This has created a vicious cycle in which every politician/party has a high premium to show their religious or Islamo-nationalist credentials, and discount the opponents’ credentials.

The result is what I call the ‘instrumentalist dilemma’ – the situation where a person (or a group) individually or privately holds a position/belief that they collectively or publically can’t hold. The instrumentalist dilemma is at play not only in the death penalty, but also in religion-based discrimination such as citizenship restriction.

Gayoom’s apparent turnaround or Foreign Minister Dunya Gayoom’s position seems to be none other than this dilemma. More clearly, the Maldivian Democratic Party (MDP) chairperson’s recent support for it, or the MDP’s retraction of a statement rebuking the death penalty in 2012 – is this dilemma in action.

Stop the instrumentalist madness

The upshot of these instrumentalist dialectics is the irrational, out-of-hand outcome that the collective don’t necessarily want as individuals. If anything will see the death penalty implemented, it’s such secular, illiberal instrumentalist madness – not Islamism, Salafi puritanism, or religious fundamentalism.

But an outcome of madness neither serves religion nor human rights. And, much less does it address the issue of murder.

As for religion, irrespective of the question whether or not capital punishment is a religious obligation, without personal pious intention (niyah) the act doesn’t become a religious act. As for human rights, saying no to capital punishment is saying yes to the right to life.

As for murder reduction, a 2009 survey of criminologists – people who know the stuff about crimes and crime reduction – revealed that an overwhelming 88% believed death penalty was not a deterrent to murder. Similarly, murder rates have remained consistently lower in non-death penalty states over death penalty states.

Therefore, the religious and the liberals and those who are genuinely concerned about religion, human rights, or crimes should oppose this political madness, not each other.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Cabinet advises president to establish regulations for death penalty

The cabinet has today advised President Abdulla Yameen that there is no legal obstruction to implementing death sentences, asking him to establish regulations determining the appropriate procedure.

The cabinet noted murder to be a serious crime on a national level, calling upon the president to pursue implementation of the death sentence using lethal injection.

Meanwhile, Progressive Party of Maldives (PPM) MP Ahmed Mahloof has today announced his decision not to seek a public referendum on capital punishment, giving his apologies to the public.

The decision followed the Fiqh Academy’s statement announcing that a public referendum on the death sentence was unlawful as the punishment was determined in Islamic Sharia.

Mahloof told the press today that he started the work with good intentions, but as religious scholars had said the referendum was unlawful, he no longer wanted to go ahead with it.

Mahloof held a press conference today at the PPM’s offices, telling media that he had never opposed the penalty, but rather had wanted – via the public referendum – to show how much the people were in need of it.

Mahloof said that the cabinet has the authority to enact the death sentence, and called upon it to realise that the implementation of capital punishment has to be started as soon as possible.

On February 4, Mahloof proposed conducting the referendum, suggesting that a poll could be held simultaneously with the parliamentary elections scheduled for March 22.

On the same day Islamic Minister Sheikh Mohamed Shaheem Ali Saeed wrote on his twitter page that a public vote was not allowed on something already determined under Islamic Sharia.

Mahloof’s actions followed Home Minister Umar Naseer’s order to the Maldives Correctional Service last month to begin preparations for implementation of death sentences by lethal injection.

Amnesty International subsequenty called on the government to halt any plans to end the current moratorium on the death penalty, describing such a move as “a retrograde step and a serious setback to human rights in the country.”

President Yameen – on a state visit to Sri Lanka at the time of Naseer’s announcement – meanwhile told the press that the home minister’s order was not discussed in cabinet, and promised “broad discussions” on the issue.

In December 2012, the then-Attorney General Azima Shukoor has drafted a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

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Referendum on death penalty not permitted, says Islamic Minister

Islamic Minister Dr Mohamed Shaheem Ali Saeed has criticised MP Ahmed Mahloof’s proposal to conduct a public referendum on whether to enforce the death penalty.

“Seeking public opinion on how to proceed on an issue that has been determined by Islamic Shariah cannot be permitted,” the senior Adhaalath Party member tweeted today.

The Progressive Party of Maldives MP yesterday declared his intention to submit a resolution to parliament on holding a public referendum on reintroducing capital punishment.

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PPM MP Mahloof proposes public referendum on death penalty

Progressive Party of Maldives (PPM) MP Ahmed Mahloof has proposed conducting a public referendum on the death penalty to allow voters to decide whether to restore capital punishment.

Speaking at a press conference at the PPM office this morning, the MP for Galolhu South said he was planning to submit a resolution to parliament on conducting the referendum simultaneously with the parliamentary elections scheduled for March 22.

Mahloof accused all three branches of the state of “making excuses” to avoid enforcing the death penalty, claiming that 99 percent of the public supported its reintroduction.

“When this issue comes to the People’s Majlis, they say very easily that this has been determined by religion so we don’t have to make a decision here. When it goes to the judiciary, they say the People’s Majlis has to make a decision on implementing death sentences,” the PPM spokesperson said.

“When the home minister issues an order to implement [death sentences], the government is saying today that we have to make a decision at the cabinet.”

Referring to the recent stabbing of MP Alhan Fahmy at a restaurant, Mahloof contended that lack of enforcement had emboldened criminals “to the point where people in senior posts of the state are attacked in open spaces.”

“So they will not hesitate to [attack] an ordinary citizen. This is a very serious matter,” he said.

Mahloof added that his purpose was to “build pressure” on the government to enforce the death penalty.

While presidential candidates spoke in favour of the death penalty during last year’s campaign, Mahloof observed that implementation efforts remained “stalled”.

The government would be forced to enforce capital punishment if the issue was decided in a public referendum, he added.

Mahloof also said that he was seeking signatures from MPs to hold an extraordinary sitting of parliament during the ongoing recess to debate the resolution. A sitting can be held during recess upon request by 26 MPs.

The ruling party MP said he met Elections Commission Vice President Ahmed Fayaz yesterday and was assured that the commission would discuss the issue of the referendum.

Article 70 of the constitution states that the lawmaking powers of the People’s Majlis include “the holding of public referendums on issues of public importance.”

Mahloof’s resolution – shared on social media today – states that seeking public opinion on the death penalty would alleviate international pressure and rebut those who claim Maldivians did not favour it.

“Despite the death penalty being prescribed in Islam, sentences are not implemented because of foreign and domestic pressure,” he tweeted.

In January, Home Minister Umar Naseer issued an order to the Maldives Correctional Service to begin preparations for implementation of death sentences by lethal injection.

The order prompted Amnesty International to call on the government to halt any plans to end the current moratorium on the death penalty, describing such a move as “a retrograde step and a serious setback to human rights in the country.”

President Abdulla Yameen – on a state visit to Sri Lanka at the time of Naseer’s announcement – meanwhile told the press that the home minister’s order was not discussed at cabinet and promised “broad discussions” on the issue.

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Death penalty implementation “not advisable” without cabinet, parliament approval: AG

Implementation of the death penalty “is not advisable” without cabinet and parliamentary approval, Attorney General Mohamed Anil has told local media.

Last week, Minister of Home Affairs Umar Naseer ordered the Maldives Correctional Services to prepare for the implementation of the death penalty through lethal injection, despite the lack of laws administering capital punishment.

Naseer said he had sought advice from Anil before signing the order, but Anil refused to comment on the matter.

Instead, he said Naseer’s order had not been discussed in the cabinet. Anil has called for an advisory mechanism within the cabinet stating that the president of a Muslim country bears a personal responsibility in the implementation of death sentences.

“It is crucial that there is an established mechanism through which the cabinet of ministers has a role, and the president gets the opportunity to make an informed decision about the matter. However, the order recently released by the Home Minister was not conducted through such a process,” Anil said.

The best method to implement death penalty is through legislation passed by the parliament, he added.

Although the current legislative framework does not mandate legislation for the implementation of death penalty, Anil said broad and in-depth discussions needed to take place before the change in policy.

Since 1954, Maldives has had a moratorium on the death penalty, with the president commuting death sentences to life imprisonment.

“When we are bringing about such a huge change in policy, there are discussions that we must undertake within the cabinet, as well as with the Parliament. I do not believe it is the best thing to do to implement such a sentence at this moment without first going through these motions,” he said.

Former Attorney General Azima Shakoor had drafted a bill on the administration of the death penalty, but the government does not have a time frame to submit the bill to parliament, Anil said.

Once the parliament passes the bill, the death penalty can be implemented in retrospect, he added.

High crime rates in recent years has lead to widespread public support for the death sentence, Anil claimed.

“The rate of crime is rapidly increasing in the Maldives. This includes crimes of a heavily serious nature. Things are escalating to the point where individuals do not even hesitate when committing crimes,” he said.

“Therefore, I believe that the best medium through which we can get the general public’s view on the matter is through the parliament. It is imperative that the parliament holds a debate and comes to a decision on the matter.”

Anil also highlighted the importance of a responsible justice system, pointing out that implementation of such a sentence is in nature an irreversible act.

Minister of Home Affairs Umar Naseer said he wished to refrain from commenting on the matter at this stage.

Naseer’s order followed the passing of the death sentence on Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP Dr Afrasheem Ali in October 2012.

President Abdulla Yameen told local media on Friday that Naseer had released the order under his mandate, but without prior discussion with the cabinet. The cabinet would hold in depth discussions about the matter before coming to a final discussion, he added.

Meanwhile, Amnesty International has called on the Maldives to halt any plans to end the current moratorium on the death penalty, calling such moves “a retrogade step and a serious setback for human rights in the country”.

In May 2013, the UN country team also called for the abolition of death penalty in the Maldives, stating “in view of the country’s more than 50 year moratorium, the UN calls upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty”.

The last execution in the Maldives was the death of  Hakim Didi in 1954 who was sentenced to death for practicing black magic.

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Cabinet to discuss implementation of death penalty

The cabinet had not discussed implementing the death penalty before Home Minister Umar Naseer ordered the correctional services yesterday to enforce death sentences through lethal injection, President Abdulla Yameen has revealed.

Asked by reporters last night upon his return from a state visit to Sri Lanka if the home minister’s directive followed cabinet deliberations, President Yameen said the cabinet has not discussed capital punishment as his administration “has not faced this issue before.”

“This issue has not been discussed in our cabinet yet. However, as a rule, since the death penalty is already in the penal code, the home minister has issued his opinion,” he said.

“Broad discussions” on the subject will take place in cabinet next week, Yameen said.

“Our government will prioritise protecting the rights of innocent citizens. However, I have to say along with that, in such matters, even a convict who had a judgment passed upon him in the first stage has rights. He has stages of appeal to conclude,” he said.

The government would make a decision after the appeal process was exhausted and guilt has been established beyond doubt, he added.

“Before it comes to that, we have now decided to have discussions in cabinet. Even if I have my own thoughts [on the issue], decisions on such serious matters will be made after cabinet deliberations,” Yameen said.

The government’s highest priority was assuring a safe and peaceful environment for citizens, he stressed, adding that legal advice would be sought on enforcing the death penalty.

President Yameen had spoken in favour of introducing the death penalty during the campaign for last year’s presidential election.

“Murder has to be punished with murder,” Yameen had said.

While he was previously against the death penalty, candidate Yameen said he “had a change of heart” due to “murders becoming too commonplace”.

Home Minister Umar Naseer – who lost the Progressive Party of Maldives’ presidential primary against Yameen and was subsequently dismissed from the party – signed the order to the Maldives Correctional Services (MCS) in front of the press at a ceremony yesterday.

The MCS was ordered to implement the death penalty through the use of lethal injection and to set up the necessary equipment at the Maafushi prison.

The move comes after a death sentence was handed to Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP, Dr Afrasheem Ali, in October 2012.

Naseer told the press that the order was in line with provisions of draft legislation on implementing the death penalty prepared by the government for submission to parliament, adding that legal advice was sought from the attorney general.

“We will not wait for laws to be drafted and passed. The law allows for implementation, and it is at the discretion of the home minister to order implementation,” Naseer said.

Since the execution of Hakim Didi in 1954 for the crime of practising black magic, there has been an unofficial moratorium on the death penalty with the president commuting death sentences to life imprisonment.

While 20 individuals currently face the death penalty, according to an official from the Home Ministry, all such cases have been appealed at the High Court and have yet to reach the Supreme Court.

In May 2013, the UN country team called for the abolition of the death penalty in the Maldives: “In view of the country’s more than 50-year moratorium, the United Nations call upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty.”

Earlier in 2013, calls for limiting the presidential power to grant clemency resulted in then-Attorney General Azima Shakoor asking the High Court for a ruling.

Azima drafted a bill in December 2012 outlining the implementation of the penalty through lethal injection.

The proposal was met with opposition from religious groups, including NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

In June 2013, MP Riyaz Rasheed submitted a bill asking for the death penalty to be implemented by hanging. The bill was rejected by 26 votes to 18, with no abstentions.

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Home Minister Umar Naseer orders preparations for death penalty

Minister of Home Affairs Umar Naseer has released an order on the Maldives Correctional Services mandating the implementation of the death penalty.

“I order the Maldives Correctional Services [MCS] to implement the death penalty – as sentenced by the Supreme Court – through the use of lethal injection, and to make all necessary arrangements for the implementation of such sentences, and to obtain all necessary equipment for the implementation and maintain the set-up at the Maafushi Prison,” read the order signed by Naseer and made public at a press conference today.

The home minister’s decision comes just days after a death sentence was handed to Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP Dr Afrasheem Ali in October 2012.

The order was received by MCS Commissioner of Prisons Ahmed Shihan at today’s event.

Naseer stated that the order is in alignment with the draft bill on death penalty implementation which the state has made ready for submission to the parliament. He confirmed that advice had been sought from the attorney general prior to the signing of the order.

“We will not wait for laws to be drafted and passed. The law allows for implementation, and it is at the discretion of the home minister to order implementation,” Naseer said, adding that – should a relevant law be passed in the future – the state would then abide by the new laws.

Implementation only after appeals

The home minister further stated that the death penalty will be implemented only after all appeal processes are exhausted. If the sentenced fails to appeal his case, the state itself will initiate all avenues of appeal prior to the implementation of the sentence, he added .

Naseer said that while the order applies to all pending death sentences, and not just the ones that come after the issuance of the order, the state will not seek to expedite any of the existing appeal cases.

“The government will not interfere with the work of the judiciary, either to expedite or slow down a process. The bottom line is, the death penalty will only be implemented once all the appeal processes are completed,” he stated.

“Regulations on how this penalty will be implemented have already been compiled. Media will have access to the centre of implementation, but not will be allowed inside. The MCS now must run training programs for those who will be involved in this work and they will also begin work on establishing the necessary set up,” he continued.

“While this order does not detail a specific deadline for completion of this task, the MCS will have everything ready by the time we will need to implement such a sentence.”

The minister added that, in the case of minors sentenced to death, “I think the rule is to wait till they turn eighteen for implementation of the sentence. It will be done in accordance with international treaties we have signed”.

Naseer stated that, as Home Minister, he would need to sign a specific order to authorise the execution of each individual person sentenced to death.

A source at the Home Ministry stated that, although there are approximately twenty individuals currently sentenced to death, all cases are being appealed at the High Court and have not yet reached the Supreme Court.

Background

While death sentences continue to be issued in the country, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954 for the crime of practising black magic.

In May last year, the UN country team called for the abolition of death penalty in the Maldives, stating: “in view of the country’s more than 50 year moratorium, the United Nations call upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty”.

Earlier in 2013, calls for presidential clemency to be blocked resulted in then Attorney General Azima Shakoor asking the High Court to decide upon the matter.

Azima further drafted a bill in December 2012 favouring the implementation of the penalty via lethal injection. This was met with opposition from religious groups including Jamiyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

In June 2013, Dhivehi Qaumee Party MP Riyaz Rasheed submitted a bill asking for death penalty to be implemented by hanging. The bill was rejected by 26 votes to 18, with no abstentions.

During campaigns for 2013 presidential elections, incumbent President Abdulla Yameen stated that “murder has to be punished with murder”. Yameen revealed that, although he was previously not an advocate of the death penalty, he “had a change of heart” due to “murders that have become too commonplace”.

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Humam sentenced to death for murder of Dr Afrasheem

The Criminal Court has today sentenced the prime suspect in the murder of Dr Afrasheem Ali , Hussain Humam Ahmed to death.

The verdict said it was proven beyond doubt that Humam assaulted Dr Afrasheem with a sharp object and intentionally killed him. Humam was found guilty for the crime of intentional murder and sentenced to death as a penalty for the crime.

Dr Afrasheem –  then MP for Ungoofaaru Constituency and a moderate Islamic Scholar – was found brutally murdered at the his apartment building on the night of October 1 2012.

Maldives Police Service launched an investigation immediately and found it to have been a politically motivated and premeditated murder.

Suspicion had been cast upon various political groups including Maldivian Democratic Party, religious conservatives and even President Abdulla Yameen –  though current Home Minister Umar Naseer recently discarded his earlier comments as “political rhetoric”.

Humam’s Trial

Humam was arrested within hours and was accused of murder on 20 January 2013. On 6 May 2013 Humam denied the charge of murdering Afrasheem, while admitting to many other crimes including several stabbings.

Contradicting his previous statement on 22 May 2013 Human confessed to the murder and said that he wished to apologise to the victim’s family and repent. At the hearing he requested that the judge not to sentence him to death.

On that day Humam gave a detailed account of the planning and execution of the crime, involving Ali Shan of Male’s Henveiru Hikost (also charged with murder), and the juvenile suspect in the case – identified only as ‘Nangi,.

Also said to have been involved were Maldives National Defence Force (MNDF) officer Azleef Rauf,  and Abdulla ‘Jaa’ Javid (son-in-law of opposition Maldivian Democratic Party Chairperson ‘Reeko’ Moosa Manik) and his brother Jana and another person identified only as ‘Spy’.

According to Humam, Jana promised to give him MVR 4 million for carrying out the murder, and Azleef provided him with an identity card and money to buy SIM cards and mobile phones. He said that ‘Spy’ worked with Azleef in organising the crime and ‘Nangi’ provided Shan and himself with a machete, a bayonet knife, jeans, t-shirts and gloves.

Humam said he attacked Afrasheem with the machete when he entered the apartment building that night and when he fell on the ground Shan attacked him with the bayonet knife.

At that hearing state prosecutors told the court that Dr Afrasheem’s DNA was found on the jeans Humam was wearing on the night of the murder.

Again, on 1 June 2013 Humam changed his narration by retracting the earlier confession saying that it was obtained by police through coercive means.

His defence lawyers said the Police had assured Humam that he would not be sentenced to death should he confess to the crime and that if he didn’t, they would charge him with other crimes of which he was accused.

Humam’s Father Ahmed Khaleel also alleged his son was psychologically traumatized and under coercion by the police when he confessed. He wrote to Criminal Court Chief Judge Abdulla Mohamed and the Human Rights Commission of the Maldives requesting them to “ensure [my] son is granted a fair trial devoid of coercion and undue influence.”

In the letter sent to the Criminal Court, Khaleel said that he observed during the trial that Humam displayed signs of mental instability, including staring upwards, placing his handcuffs against his mouth, and laughing, and requested an assessment Humam’s mental stability.  The same request by his lawyer and was rejected by the judge.

In his letter, Khaleel alleged that police officers intimidated Humam even at the hearing and called upon the court to review video footage of the hearing to confirm his claims.

On 19 August 2013, two police officers testified in court stating that they stopped and searched Humam’s person on the night of the murder, with one officer saying that he saw a text message sent from Humam’s mobile phone talking about failing to receive promised money.

They said Humam was behaving unusually, by failing to resist arrest, behaving scared, sweating, shaking and was under the influence of an illegal substance. The officer said Humam was arrested and taken to Atholhu Vehi police custodial. On 11 July 2013 Police forensic experts testified that Dr Afrasheem’s DNA was found on Humam’s jeans.

During the trial period, Humam was sentenced to seven years imprisonment in a drugs related case (28 January 2013 ) and to three years imprisonment for cannabis use (7 July 2013). He was also charged with assaulting a police officer on 18 March 2013.

Implementing Death Penalty

Islamic Shariah as interpreted in the Maldives allows families of murder victims to seek death penalty as Qisas (retaliation), however it is a requirement for all ‘warith’ (heirs in Shariah law) to agree upon it. Dr Afrasheem’s heirs have approved of executing Humam.

While many people have been sentenced to death over the years, the Maldives maintains a longstanding unofficial moratorium on the death penalty. Death sentences are currently commuted to life imprisonment under the power vested to the president in Clemency Act.

The parliament has accepted an amendment to the act in order to force the president to implement such sentences. This presidential authority has been challenged in the high court as well, arguing that it is in violation of Article 10 of the constitution which states no law contrary to a tenet of Islam shall be enacted.

No ruler has implemented the death penalty since 1953 when Hakim Didi was executed by firing squad under President Mohamed Ameen Didi’s authority.

President Abdulla Yameen has expressed his support to implement death penalty while his Vice President Dr Mohamed Jameel Ahmed – who was President Dr. Mohamed Waheed’s Home Minister – has said he would “not hesitate” in implementing death penalty and pushed for parliament to decide on an implementation procedure.

In order to facilitate implementation of death penalty, Dr Waheed’s government proposed a bill to the parliament with lethal injection as the preferred method – however, it was rejected.  Religious conservatives have demanded implementation of the death penalty and proposed beheading as the preferred method.

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