Tag: death sentence

Convict alleges attempts to coerce confession to killing Dr Afrasheem

Murder convict Hussain Humam has claimed that former state minister for home affairs Mohamed Fayaz ‘FA’ threatened to kill his family if he did not confess to killing Dr Afrasheem Ali, local media report.

At a hearing of his appeal at the High Court yesterday, Human alleged attempts by Fayaz, police officers and state prosecutors to coerce a confession.

The state minister told Humam that “the people who murdered Dr Afrasheem can also murder your family,” he claimed.

Humam said he confessed to the crime at the criminal court due to “psychological abuse.”

“I was shown photos of the murdered MP and intimidated by police. I tried to hang myself at jail,” he was quoted as saying by local media.

The late moderate religious scholar and Progressive Party of Maldives (PPM) MP was brutally stabbed to death on October 1, 2013 in a murder that shocked the nation.

Humam was arrested within hours after Afrasheem’s body was found and charged with murder in January 2013. After pleading not guilty, Humam confessed to the killing at a hearing in May 2013 and gave a detailed account of the murder.

However, a month later, Humam retracted the confession, claiming police obtained it through coercion.

Suspicion has since been cast upon the opposition Maldivian Democratic Party (MDP), religious extremists and President Abdulla  Yameen. Humam is the only person convicted so far despite police saying the murder was premeditated and politically motivated.

The next hearing will be the final hearing in the case, judges said yesterday.

At a previous hearing, Humam alleged the president and tourism minister Ahmed Adeeb’s involvement in the murder, saying the pair “will know best” the details of the case.

Last week, President Yameen threatened to prosecute Adhaalath Party president Sheikh Imran Abdulla over allegations linking him to the murder, whilst Adeeb accused the MDP and Humam’s lawyer, Abdulla Haseen, of orchestrating Humam’s remarks at court in a “character assassination” attempt.

Yameen has also vowed to enforce the death sentence against Dr Afrasheem’s murders. Humam was sentenced to death in January 2013.

“God willing the death sentence will be implemented by the end of this year for the murderers of Dr. Afrasheem,” Yameen said in April.

A second suspect charged with murder, Ali Shan, was acquitted of murder in September last year with the court citing insufficient evidence.

Shan was implicated in Humam’s confession, but the judge said several witnesses had testified that the accused was at a restaurant at the time the murder took place.

A third suspect, Azlif Rauf, who Humam said planned the murder, meanwhile left to Turkey with six members of Malé’s Kuda Henveiru gang in January.

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Two sentenced to death over crimes committed as minors

The juvenile court has today sentenced two young men to death over a murder committed when the pair were minors, but the two are unlikely to face the death penalty.

The two unnamed 19-year-olds denied charges over the stabbing and death of Hussain Waheed in Malé in December 2013. They were 16 at the time.

Waheed had died of heart failure due to the stab wounds to his chest.

Speaking at the UN human rights council last week, legal affairs secretary at the president’s office, Aishath Bisham, said “it would be legally impossible to issue the death sentence” if the accused denies murder charges at any stage of prosecution.

One of the suspects was charged with murder while the other was charged with being an accomplice to the murder. Another 14-year-old was arrested at the time and charged with assaulting an individual on the scene.

The juvenile court sentenced the pair based on testimony by four eyewitnesses. All nine heirs of the victim have asked the court to implement the death penalty.

In 2014, the Maldives repealed a six-decade-old de facto moratorium on the death penalty, ostensibly to tackle a surge in fatal stabbings. Over 30 people have been killed in violent crimes in the past seven years.

Under the new regulations, individuals as young as seven years of age can be sentenced to death if convicted of wilful murder.

The juvenile court has now sentenced a total of four young men to death for murders committed when they were minors. Two young men convicted of wilful murder in the death of Abdul ‘Bobby’ Muheeth were also sentenced to death in May 2013.

The government says capital punishment can only be enforced if all three tiers of the judiciary find the accused to be guilty and if all heirs of the victim request the death penalty. Bisham also said the president is required to review if due process was followed before he enforces the death sentence.

The last person executed in the Maldives was Hakim Didi, who was found guilty of practicing black magic in 1953.

The common practice has since been for the president to commute all death sentences to life imprisonment through powers vested in him by the Clemency Act. The new regulations has revoked president’s authority.

Several countries at the Universal Periodic Review, including France, the United Kingdom, Ukraine, Namibia, Spain, Australia and Montenegro expressed concern over Maldives’ decision to end the unofficial moratorium on the death penalty.

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Murder convicts sue correctional services for refusing to authorise marriage

Ahmed Murrath and Fathmath Hana – sentenced to death for the murder of lawyer Ahmed Najeeb in July 2012 – have sued the Maldives Correctional Services (MCS) for refusing to authorise their marriage.

According to local media, the first hearing of the lawsuit filed by the couple last year was scheduled for 1:30pm today. Inmates are required to seek authorisation from the MCS for marrying while incarcerated.

The pair have also appealed the Criminal Court’s guilty verdicts at the High Court. At a hearing last month, Murrath told the appellate court that police coerced his confession to the murder.

His lawyer had previously told the High Court that Murrath confessed in order to escape punishments he received during the investigation period, including sleep deprivation.

Murrath and his 18-year-old girlfriend Hana were arrested and charged with Najeeb’s murder after his body was discovered by police stuffed inside a dustbin, badly beaten with multiple stab wounds.

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Thulusdhoo murder suspect sentenced to death

The Criminal Court has sentenced Mohamed Niyaz of Kaaf Thulusdhoo Redrose to death after he was found guilty of murdering 35-year-old Ali Shiham at Thulusdhoo on the night of July 31.

The Criminal Court sentence (Dhivehi) read that Niyaz was proven guilty based on his confession to investigators and his refusal to defend himself from the evidence provided to the court by the prosecutors.

Niyaz voluntarily handed himself over to the local police department after fatally stabbing Shiham in what the police have described as an act of vengeance after Shiham accused Niyaz of stealing from a construction site under the supervision of the victim.

The sentence was issued after Shiham’s four heirs – his wife, two children and grandmother – demanded qisas at the court. The decision of children was made by Shiham’s wife.

While speaking to the press at the time, Chief Inspector Abdulla Satheeh said that Niyaz had been arrested 10 times previously for theft and drug-related crimes.

The government has made moves this year to end the country’s 60-year moratorium on the death penalty, introducing regulations in April to oversee the process.

While speaking at a Progressive Party of Maldives (PPM) rally this month, President Abdulla Yameen reiterated the government’s resolve to implement the death penalty for the sake of human rights and dignity.

“I want to say tonight as well in your presence, this government will have no mercy at all for those who slaughter Maldivian citizens with no mercy,” said Yameen at the ‘Successful 365 Days’ event held in Malé on November 21.

Home Minister Umar Naseer said in April that death penalty can be implemented in Maldives from April 27 after the procedural regulations were published on the government’s gazette on that day.

“We are not one to shy away from implementing the death penalty by showing various excuses. Nothing will stop us from implementing the death penalty as planned,” said Naseer told the media.

The last person executed in the Maldives was Hakim Didi, found guilty of practicing black magic in 1953. The common practice has since been for the president to commute all death sentences to life imprisonment through powers vested in him by Clemency Act.

With the new regulation, the president will no longer have this authority if a person is sentenced to death for murder by the Supreme Court.

The decision to re-implement the death penalty has received a mixed response at home and abroad, with some questioning the current state of the judiciary, while others claimed that the Islamic Sharia dictates a willful murderer should be put to death if there is sufficient evidence.


Related to this story

Man stabbed to death in Thulusdhoo

Yameen pledges to end violent crime at ‘Successful 365 Days’ rally

Death penalty can be implemented starting today: Home Minister

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Government will not hesitate to implement death penalty: Home Ministry

The Maldives Government will not hesitate to implement the death penalty, the Ministry of Home Affairs has assured.

The statement follows a wave of attacks within the past 7 days, including fatal stabbings in Malé and Thulusdhoo.

The Home Ministry said that the government “will not hesitate to implement the death penalty placed by the courts upon persons who stab and murder with the willful intent to kill,” according to local media Sun Online.

The ministry also said that the Maldives Police Service is conducting a number of special operations to prevent further attacks, assuring that the government is taking every possible measure to bring an end to the outbreak of violence in the capital.

Measures to re-introduce the death penalty were finalised in April, while local media reported last month that the Maldives Correctional Services (MCS) had completed a facility in which to administer the lethal injection.

Minivan News has been unable to obtain comment from either the Home Ministry or the MCS regarding these preparations.

Prior to this policy change, the Maldives had maintained an unofficial moratorium on the death penalty since 1953, when Hakim Didi was executed by firing squad for the crime of practising black magic.

Several people have been sentenced to death during the moratorium, although they have traditionally had their sentences commuted to life imprisonment by presidential decree.

Despite widespread concerns over the state of the Maldivian justice system, Minister of Home Affairs Umar Naseer said the chances of killing an innocent person after completing all the procedures in the regulation was “far-fetched” and “almost impossible”.

Although the death penalty has proven to be a contentious issue, Naseer assured the international community that the Madlives has a firm reason to continue with the ruling.

Conversely, Amnesty International have pointed out that the decision to resume the death sentence is in contradiction with the International Covenant on Civil and Political Rights – a treaty to which the Maldives became a party in 2006.

Similarly, The Maldivian Democracy Network (MDN) has condemned the Maldivian government’s decision to implement the death penalty.

“Given the state of the Maldivian judiciary, which is also perceived to be highly politicised and corrupt, it is most concerning that as grave a matter as life and death of humans is to be decided by it,” the MDN stated.

“In addition to this, research shows that capital punishment does not deter murder any greater than the threat and application of lesser punishments,” the statement concluded.

The practice of the death penalty, and the use of lethal injections, has recently grabbed international headlines again after  aconvicted murderer in Arizona appeared to take two hours to die.

Joseph Wood’s death is the third such instance in the US this year, and has prompted a suspension of executions while the state undertakes a review of its procedures.

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“Highly politicised and corrupt” judiciary unfit to decide life and death: Maldivian Democracy Network

The Maldivian Democracy Network (MDN) has condemned the Maldivian government’s decision to implement the death penalty in a press release issued on Wednesday.

The MDN expressed “great concern” over the move to break a sixty-year de facto moratorium on the death penalty in the country. New regulations allow for children as young as seven to be sentenced to death.

“Given the state of the Maldivian judiciary, which is also perceived to be highly politicised and corrupt, it is most concerning that as grave a matter as life and death of humans is to be decided by it,” the MDN stated.

Adopted on April 27, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18. The age of criminal responsibility in the Maldives is ten, but for hadd offences, children as young as seven can be held responsible. Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

The MDN’s statement closely follows a statement by the Office of the High Commissioner for Human Rights (OHCHR) in which the organization called for the practice to be abolished.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the OHCHR.

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she told reporters.

A step backwards

The regulation on the implementation of the death penalty and the penal code pushes the Maldives backwards in an age when several countries in the world, including Muslim nations, are moving away from it, the MDN said.

The lack of legislation on evidence, witness protection and criminal procedures lead to a systematic failure to do justice and as a result innocent lives may be lost, the organization noted.

“The Maldivian criminal justice system lacks crucial legislation on evidence, witness protection and criminal procedures, leading to structural gaps and systematic failures to do justice as independent observers have noted in the past.

“A catastrophic result of this may be the loss of an innocent life, which is neither replaceable nor correctable.”

The MDN also highlights the possibility for minors to be sentenced to death as a major concern, and violation of the minor’s rights.

“We are also deeply concerned the regulation violates the rights of the child. Under the Convention on the Rights of the Child and International Covenant on Civil and Political Rights, a death penalty may not be imposed for a crime committed by a person under 18 regardless of his/her age at the time of the trial or sentencing or of the execution of the sanction.

“In addition to this, research shows that capital punishment does not deter murder any greater than the threat and application of lesser punishments. Maldivian Democracy Network implores the government to reconsider the decision to implement the death penalty in the Maldives, and make meaningful efforts towards prevention of crime and the protection of human life,” the statement concluded.

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Maldives should repeal the death penalty – UN Human Rights office

The United Nations Human Rights Office (OHCHR) on Tuesday voiced deep concern about a new regulation in the Maldives that effectively overturns a 60-year moratorium on the use of capital punishment in the country and allows for children as young as seven to be sentenced to death.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the Office of the High Commissioner for Human Rights (OHCHR).

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she told reporters in Geneva.

Adopted on 27 April, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18. The age of criminal responsibility in the Maldives is ten, but for hadd offences, children as young as seven can be held responsible. Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

“According to the new regulation, minors convicted of intentional murder shall be executed once they turn 18. 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,” Shamdasani said.

Under international law, those who are charged and convicted for offences they commit while they are under 18 years of age should not be sentenced to death or life imprisonment without possibility of release, the spokesperson added.

Government support

Speaking at a press conference last week, Minister of Home Affairs Umar Naseer said the chances of killing an innocent person after completing all the procedures in the regulation – titled “procedural regulation on investigating and penalising the crime of murder” – was “far-fetched” and “almost impossible”.

With the new regulation, the president will no longer have this authority if a person is sentenced to death for murder by the Supreme Court, Naseer noted.

Although the death penalty has proven to be a contentious issue, Naseer assured the international community that the Madlives has a firm reason to continue with the ruling.

“There will be some parties who will be concerned about this. Concerned countries, concerned NGOs. Some counties are not too pleased with it [death penalty, but we will know about the issue of executing people in this country, the overcrowding of prisons in this country, how much the criminal environment is more lively in this country. And we are a hundred percent Islamic country and there are certain values that we all believe in,” Naseer said.

Meanwhile, President Abdulla Yameen Abdul Gayoom has called for the death penalty to be put into practice in the Maldives from as early as July 2013.

The half brother of former autocratic ruler Maumoon Abdul Gayoom, first told media of his “change of heart” while speaking on the program Voice of Maldives on July 22 2013.

Yameen explained that although he had not been not an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from commonplace murders that have become too commonplace.

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

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State to appoint lawyer to Hanaa in her appeal case

The Attorney General’s Office has said that it will appoint a lawyer for Fathimath Hanaa, who was sentenced to death after the court found her guilty of assisting Ahmed Murrath in murdering of prominent lawyer Ahmed Najeeb.

In the latest hearing of her appeal case, the High Court bench had announced that Hanaa was not eligible for a state-appointed lawyer.

Hanaa had subsequently told the court that she needed three months to appoint a lawyer, with the Prosecutor General’s Office giving no objection to this request.

However, the Attorney General’s office has today told local media that Hanaa now meets the requirements after she submitted additional documents to the office.

On July 2, 2012, the 65 year-old lawyer’s body was found stuffed inside a dustbin at Masroora house – Murrath’s residence – badly beaten with multiple stab wounds.

Speaking at the Criminal Court during the 2012 trial, Murrath’s girlfriend said that her boyfriend killed Najeeb after he became “sure” the lawyer had attempted to sexually assault her. She admitted to tying Najeeb’s hand, legs, and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.

Najeeb’s cash card was taken from him and the pair had used it to withdraw money.

According to Hanaa, she did not know that the victim had been killed until Murrath woke her up and told her at around 4:00am. At the time Hanaa said she was sleeping – intoxicated from drinking alcohol.

Murrath corroborated this course of events in his statement, saying that she was asleep when he killed the lawyer. He confessed to killing Najeeb out of anger and apologised to the family members.

On February 17, Ahmed Murrath – the man sentenced to death by the Criminal Court after being found guilty of murdering Najeeb – retracted the confession previously given to the court.

During the last hearing held in to the appeal case of Murrath, his lawyer Abdul Hakeem Rashadh told the High Court that his client’s hands were handcuffed behind his back when he made the confession which therefore could not be considered a confession made without coercion.

On February 9, the cabinet advised President Abdulla Yameen that there was no legal obstruction to implementing death sentences, after the Home Minister Umar Naseer had ordered an end to the 60 year moratorium on executions.

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Convicted murderer retracts confession in High Court

Ahmed Murrath – the man sentenced to death by the Criminal Court after being found guilty of murdering a prominent lawyer in 2012 – has today retracted his confession given.

Newspaper Haveeru has reported that Murrath’s lawyer Abdul Hakeem Rashadh told the High Court his client’s hands were handcuffed behind his back when he made the confession and therefore it could not be considered a confession made without coercion.

Rashadh also told the court that Murrath did not willfully commit the murder because he was under the influence of illegal drugs, and also that his client had the opportunity to deny the confession as no witness had seen him committing the murder.

Haveeru reported that Murrath spoke inside the court today, telling judges that when he was in pretrial detention police had refused him access to a doctor.

Murrath acknowledged he is a drug addict and that he had experienced a pain in his body, in response to which police officers at the detention centre had given him a plastic bag containing tea.

Furthermore, it was reported that the Prosecutor General’s Office told the court there were two contradicting statements provided by Murrath, inquiring as to which one should respond.

The court told the PG’s lawyer to prepare his response at the next hearing, asking both parties to make it the final hearing.

Murrath’s girlfriend, Fathimath Hana of Rihab house in Shaviyani Goidhoo island, was also sentenced to life in the case after she confessed to “helping” her boyfriend kill Ahmed Najeeb.

The 65 year-old lawyer’s body was found stuffed inside a dustbin at Masroora house – Murrath’s residence – badly beaten with multiple stab wounds.

Speaking at the Criminal Court during the 2012 trial, Murrath’s girlfriend said that her boyfriend killed Najeeb after he became “sure” the lawyer had attempted to sexually assault her. She admitted to tying Najeeb’s hand, legs, and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.

Najeeb’s cash card was taken from him and the pair had used it to withdraw money.

According to Hanaa, she did not know that the victim had been killed until Murrath woke her up and told her at around 4:00am. At the time Hanaa said she was sleeping – intoxicated from drinking alcohol.

Murrath corroborated this course of events in his statement, saying that she was asleep when he killed the lawyer. He confessed to killing Najeeb out of anger and apologised to the family members.

On February 9, the cabinet advised President Abdulla Yameen that there was no legal obstruction to implementing death sentences, after the Home Minister Umar Naseer had ordered an end to the 60 year moratorium on executions.

The order closely followed the conclusion of the Dr Afrasheem Ali murder trial, in which Hussein Humam was sentenced to death. Similarly, Humam also claimed that his confession – currently being used as key evidence against his alleged accomplice – was given under duress.

Naseer stated that the order is applicable to all pending sentences, of which there are approximately 20.

In December 2012, the then-Attorney General Azima Shukoor 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 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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