Tag: death sentence

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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Maldives must stop “retrograde” step towards death penalty: Amnesty International

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

The statement follows Home Minister Umar Naseer’s decision to order correctional authorities to begin preparations for implementation of death sentences by lethal injection.

“There is no such thing as a ‘humane’ way to put someone to death, and no evidence that the threat of execution works as a deterrent to crime. Maldives should put an immediate end to such plans now, and instead abolish the death penalty in law once and for all,” said Amnesty International’s Maldives Researcher Abbas Faiz

“The government’s order is surprising and extremely disappointing. The death penalty violates the right to life, regardless of the circumstances of the crime or the execution method used,” he added.

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

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.

The Maldives currently has 20 prisoners sentenced to death – a punishment the recently elected Yameen said he would support during his election campaign after a rise in the murder rate.

The most recent passing of the sentence came just days prior to Naseer’s announcement. Hussain Humam Ahmed was sentenced to death for the brutal murder of MP Dr Afrasheem Ali in October 2012. The sentence was handed down at the behest of Afrasheem’s heirs – permitted to request the death sentence under Islamic law.

Amnesty have pointed out that the apparent 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.

Though Naseer noted that he intended to act “in accordance with international treaties we have signed”, Amnesty have stated that death sentences handed down to juvenile offenders are contrary to international law.

Speaking on Thursday, Naseer has 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.

“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.

The home minister noted that all appeals processes would be exhausted prior to implementation of the sentence.

Amnesty has suggested that the public interest might be best served by strengthening the judiciary in order to prevent human rights abuses during criminal proceedings.

In a damning 2013 report, Special Rapporteur for the Independence of Judges and Lawyers expressed concern over the failure of the Maldives justice system to address longstanding issues of corruption and human rights abuses.

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DQP MP Riyaz submits bill proposing hanging as preferred method of execution

Dhivehi Quamee Party (DQP) MP Riyaz Rasheed has submitted a bill to parliament proposing executions be carried out by hanging people sentenced to death in court.

Riyaz told newspaper ‘Haveeru’ that he submitted the bill because the government’s version of the bill, drafted in December 2012, had yet to be submitted to parliament.

According to Riyaz’s bill, the trials of people accused of offences punishable by death under the penal code are to be conducted with a defence lawyer, even should the defendant refused.

The bill requires the lower courts to forward a case report to the High Court 14 days from the date the trial reaches a conclusion. The High Court is required to conduct a trial to determine whether the lower court’s ruling is lawful.

Should this decision be upheld, the matter must then be referred to the Supreme Court, which issue the final ruling on the case.

According to the bill, the defendant is given the opportunity to meet his family and say his last words before he is hanged.

The bill obliges the state to delay implementing death sentences if the person is a minor, pregnant woman, mentally ill or suffering from a disease.

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

The government’s draft, which has yet to be submitted to parliament was criticised by religious groups in the Maldives, who argued that the state’s method of execution should be beheading or firing squad.

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Sentencing children to death is alarming: Amnesty International

Amnesty International has condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

The Juvenile Court issued the death sentence to two 18 year-olds found guilty of the February 18, 2012 murder of Abdul Muheeth. Muheeth was stabbed at 1:45am near the Finance Ministry building in the capital Male’ and later died during treatment.

Following the sentencing Amnesty International issued a statement urging Maldivian authorities to commute the death sentence and stop the potential execution of the pair, who were sentenced to death after being found guilty of a murder committed when they were under 18.

“The Maldives is entering new and dangerous territory – imposing death sentences for crimes allegedly committed by children is alarming,” said Polly Truscott, Amnesty International’s Deputy Asia-Pacific Director.

“The Maldives authorities are flouting international law – anyone convicted of a crime committed when they were under 18 is exempt from the death penalty.

“The authorities must immediately reverse these death sentences, and the prosecution must not try to uphold the death sentences in any appeals,” Truscott added.

Amnesty International also called for the sentences of other prisoners on death row to be commuted, the establishment of an official moratorium on executions, as well as the abolition of the death penalty.

“Amnesty International opposes the death penalty in all cases without exception. There is no convincing evidence that the death penalty works as a special deterrent against crime,” said Truscott.

On December 30, 2012 the Juvenile Court finished taking statements from the heirs of Abdul Muheeth, where all approved passing the death sentence against the trial’s defendants should they be found guilty.

In March, Police Inspector Abdulla Satheeh said Muheeth was mistakenly killed by a gang and that he was not the intended target.

Police previously announced that Muheeth was not a member of any gangs, adding that he had also held a responsible job at the time of his death.

Death penalty controversy

Article 88[d] of the Maldives Penal Code states that murders should be dealt with according to Islamic Sharia and that persons found guilty of murder “shall be executed” if no heir of the victim objects, according to Islamic Sharia.

Although the Maldives Penal Code allows for the death sentence, it has traditionally been commuted to 25 years in prison.

In October 2012, the government announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

In December 2012, the Attorney General’s Office completed drafting 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.

However, earlier this year religious NGO Jamiyyathul Salaf has called on Shukoor to amend the government’s draft bill on the implementation of death penalty, urging that convicts be beheaded or shot instead of given lethal injection.

The bill is currently pending approval by parliament, and has given rise to dissenting opinions on the matter.

This April, the Maldivian state sought a High Court ruling on the President’s discretion to commute death sentences to life imprisonment.

During a hearing on April 22, in a case filed by five citizens seeking to annul laws granting the President discretionary powers of clemency, the state attorney said the government would prefer the court itself provided a decision on the matter in accordance with Islamic Sharia.

The state attorney insisted that the decision be made by the court, despite the High Court Judges Bench emphasising that the state must provide an answer since the case concerned a constitutional matter.

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.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

However in all cases the sitting president has commuted such verdicts to life sentences.

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Juvenile Court sentences two 18 year-olds to death for murder of Abdul Muheeth

The Juvenile Court has issued the death sentence to two 18 year-olds found guilty of the February 18, 2012 murder of Abdul Muheeth of Galolhu Veyru House.

Three minors were charged in the case, and one was acquitted by the court. The two sentenced to death are both 18 years-old, although both were underage and minors at the time of the murder, according to local media.

A Juvenile Court spokesperson told the local media three male witnesses told the court they witnessed one of the minors attacking Muheeth.

The two minors were seen at ADK hospital the same night with some other suspects in the case.

All Muheeth’s heirs had approved the death sentence if the courts found the suspects guilty of murdering him.

Last year Police Inspector Abdulla Satheeh told the press that the investigation into Muheeth’s death showed that he was not attacked for any involvement in gang related crimes, and that he had no police record.

He also noted that Muheeth was not a member of any gang, and was working in a responsible job at the time.

Muheeth was rushed to Indira Gandhi Memorial Hospital (IGMH) after he was stabbed at 1:45am near the Finance Ministry building. He later died during treatment.

The three suspects were identified at the time as Muhujath Ahmed Naasih of Abulagee Ge on Gahdhoo in Gaaf Dhaal Atoll, Mohamed Maimoon of Zaithoonige, on Naifaru of Lhaviyani Atoll and Ali Mushahfau of Sultan Villa on Maradhoo in Seenu Atoll.

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AG drafts bill outlining executing death sentence, favours lethal injection

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.

Shukoor today held a press conference to provide local media with information about the bill, which is also to be opened for public comment.

The Attorney General’s Office has said that it has looked to procedures followed by Egypt, Malaysia and the US in carrying out the death sentence, while also obtaining the opinions of religious scholars and lawyers when drafting the bill.

With the bill favouring the use of lethal injection to execute suspected criminals, Shukoor said the proposals would be open for public comment for one month.

Court procedure

In the case of a suspected murder trial, the bill drafted by Shukoor obliges the accused to be represented by a lawyer during their trial.  In any case where the accused refuses to have a lawyer, the bill would require the state to provide legal representation for the respondent.

According to the new bill, when the Criminal Court proceeds with a murder case, it would need to have a bench consisting of three judges, one of whom has to have studied Islamic Sharia.

The bill would also oblige the High Court to have a panel of five judges overhearing murder cases, with the Supreme Court required to have a panel of seven judges.

According to the bill, any death sentence cannot be executed without the final judgement of the Supreme Court.

Photographing and filming of any execution carried out by the state would also be deemed unlawful under the attorney general’s proposals.

Should a suspect who is a minor, pregnant or in a critical medical condition be found guilty of murder, the bill states that the execution shall be delayed.

Shukoor also included an article concerning the authority currently given to the Head of State to commute death sentences to life sentences.  The bill noted that AG’s Office needed further time review the matter as the opinions of different experts were inconsistent on the president’s prerogative to commute sentences.

According to the bill, a suspect found guilty of murder would also be provided with the opportunity to meet his family on the day of execution and say their last words.

In October this year, the government has announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

“It is currently a punishment passed by the judiciary and a form of punishment available within the penal system of the Maldives,” said Home Minister Dr Mohamed Jameel Ahmed at the time.

“But for full guidance and matters governing the matter, legislation is required,” he added.

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.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

However, in all cases, the acting president has commuted these verdicts to life sentences.

Judicial concerns

Speaking to Minivan News earlier this month, former Foreign Minister and UN Special Rapporteur on Human Rights in Iran Dr Ahmed Shaheed identified the “pathetic state of the [Maldives] judiciary” as one of the key human rights concerns he believed needed to be addressed in the country.

“[The judiciary] is not only corrupt, but also coming under the influence of radical Islam, even to the extent of violating codified laws of the Maldives and clear international obligations,” Dr Shaheed claimed yesterday.

“Disregard for rule of law has also meant that a culture of impunity is deeply entrenched, rendering many of the human rights of the people meaningless.”

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Ayyubey’s final heir calls for death sentence

Ali ‘Ayyubey’ Hassan’s final heir has asked for the death penalty for the underaged defendants in his murder trial, reported Haveeru.

Ayyubey, 76, was found murdered with multiple stab wounds on Kudahuvadhoo in January this year.

The victim had been accused of using sorcery on a 37 year-old woman, whose body had been found in the lagoon the previous month.

The Prosecutor General (PG) pressed charges against three men and three male youths – two of whom admitted the charges, whilst the third awaits the results of DNA tests.

The final of nine heirs opted for qisas (equal retaliation) in Addu Court rather than choosing to accept blood money.

This process is standard under Sharia law, although the President’s legal authority to commute death sentences to 25 years has resulted in a de facto moratorium on the death penalty since 1953.

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Half-sister of slain ‘Bobby’ calls for death sentence

The half-sister of 21 year-old Abdul Muheeth ‘Bobby’, who was stabbed to death outside the Finance Ministry on February 19, has asked told the court to implement the death penalty, local media has reported.

The state is currently pursuing charges against six individuals for the murder, including three minors.

Bobby’s murder provoked an outpouring of public grief. The ‘Justice for Bobby’ Facebook page has since been ‘liked’ by nearly 15,000 people while hundreds turned out to hold a ten 10 minute silence in June.

Under Islamic Sharia, if none of  a murder victim’s heirs agree to accept blood money, the court will hand down the death sentence.

Traditionally in Maldives death penalties are commuted to life imprisonment.

More than 10 people have been sentenced to death in the past decade, of which none have been executed by the authorities tasked with the role.

For the past 60 years, the state has been commuting these death sentences to life imprisonment (25 years).

Due to increasing criminal related deaths in the country, public sentiment for implementing capital punishment appears to have grown stronger this year.

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High Court asked to annul President’s right to commute death sentence

A case has been submitted to the High Court requesting that it annul the legal article which allows the President of the Republic to commute death sentences to 25 years imprisonment, Haveeru has reported.

The case argued that this practice, which has resulted in de facto moratorium on the death penalty since 1953, violates Article 10(b)) of the constitution which states “no law contrary to any tenet of Islam shall be enacted in the Maldives.”

Those submitting the case have argued that Sharia gives the right to pardon a convict lies solely with the victim’s heirs.

The case specifically mentioned the two people convicted of the murder of Ahmed Najeeb, a prominent lawyer, on July 1. This murder, the seventh in the country this year, has sparked a national debate on the application of the death penalty.

Ahmed Murrath and Fathimath Hana, aged 29 and 18, confessed to the murder and were sentenced to death after Najeeb’s heirs unanimously called for qisas (equal retaliation) rather than opting for blood money.

Today’s submission argues that the president’s power to commute these sentences violates the rights of the heirs and renders pointless the taking of their statements in order to determine sentencing.

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