flogging – Page 4 – Minivan News

Maldives failed “at every level” to protect minor charged with fornication from years of abuse

Additional reporting by JJ Robinson.

Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect a 15 year-old girl convicted of fornication and sentenced to flogging, despite her history of alleged sexual abuse dating back to 2009.

While the case has only recently received global media coverage, local councilors and woman rights groups told Minivan News that authorities failed for years to address “public uproar” over the child’s alleged abuse.

The girl from the island of Feydhoo in Shaviyani Atoll is currently in the care of the Ministry of Gender and Family. She was identified as a victim of child abuse last year after the body of a dead baby was discovered buried in the outdoor shower area of her family home.

Her stepfather was later charged child sexual abuse, possession of pornographic materials and committing premeditated murder, while her mother also faces charges for concealing the alleged sexual offences.

However, during the course of investigations into the case, officials told Minivan News that the state had no choice but to press fornication charges against the minor after she confessed to having what she claimed was consensual sex with an unidentified man. She now faces 100 lashes in public when she turns 18 – a sentence the President’s Office this week said it would try to avert amid growing international censure and debate over corporal punishment and reform of the country’s Sharia-based judicial system.

The case has led to intense global media scrutiny and an online campaign by petition website Avaaz.org, which gathered almost a million signatures in two days – more than the number of tourists who visited the country last year.

With Maldivian authorities and child protection bodies now in the global spotlight, Aneesa Ahmed, Chairperson for the Hope for Women NGO, said councilors from Shaviyani Atoll had been expressing concerns to authorities about the girl’s safety for several years.

Aneesa said the inaction of a wide variety of institutions in response to these concerns reflected the state’s failure “at every level” to try and protect from abuse.

“All institutions, including the counsellor – if she had one while being interrogated by police – failed, because I am told her case was reported as early as 2009,” she added.

Speaking on Thursday (March 21), Atoll Council President Moosa Fathy said police had conducted numerous investigations into the girl’s situation since 2009 in response to concerns raised by councillors on Feydhoo.

However, Fathy said the girl had ultimately been left in the custody of her mother and stepfather even after she was found to pregnant. He blamed the “limited facilities” available to house and protect the girl, as well as a lack of budget, management and staff to shelter vulnerable young people.

“The police thoroughly investigated the matter, but the response of many organisations simply was not good enough,” Fathy said. “Even now the problem has not been solved.”

Fathy said that rather than blaming a single state or civil society organisation for the girl’s ongoing abuse, every institution charged with the girl’s care had to take responsibility for the matter.

“This girl needed special care. There are special shelters where she would have been safe, but I understand there is not enough budget or staff and general administrative mechanisms to run such programs,” he said.

Fathy said he had been raising concerns about the girl’s welfare for the last two years, and said he had also tried unsuccessfully to meet with former Gender Minister Dhiyana Saeed while she was still in her post to discuss the case.

Island uproar

Sources on Feydhooo have meanwhile told Minivan News that concerns had been raised by islanders since 2009 that the girl had potentially been the victim of sexual abuse not just by her stepfather, but a number of other unidentified men on the island.

However, the island council claimed the victim’s unwillingness to tell authorities about her alleged abuse meant she remained living with her mother and stepfather.

Island Councillor Ibrahim Naushaad told Minivan News that upon discovering the child was pregnant last year, police and the Gender Ministry failed to remove the girl to a shelter.

“The police and gender ministry didn’t take responsibility or provide counselling to the girl,” he said. “The police and ministry investigated, but we don’t know what she said to them.”

Naushaad said the minor presently remained under the care of the Gender Ministry as she was unable to be returned to Feydhooo, as her biological father was being severely disabled and unable to support or look after his daughter.

“Same thing could happen again”

Naushaad alleged that several men on the island who were also believed to have had sex with the minor remained unidentified, leaving her at risk of further abuse should she return to the island.

“The Human Rights and Gender Ministry asked if they could send her back to the island, but I have explained that her father would be unable to look after her and keep an eye on her,” he said. “If they send her back here, the same thing could happen again.”

According to Naushaad, the minor was questioned by police on at least four separate occasions, but he said she had been unwilling to state whether she had faced sexual abuse from her family or other men on the island.

Sources on the island said that the perception was that the minor, along with her mother and stepfather, were believed to have been “lying” to police investigators.

Naushaad told Minivan News there remained concern among islanders that the girl had now been charged by the country’s court with fornication, after being found guilty of having sex with an unidentified partner.

“They did not identify who this man was and that is why we have concerns about what they are doing. This is not good,” he said.

Naushaad claimed the council done everything it could to try and take responsibility for the matter by continually raising concerns with authorities since back in 2009.

Legal review

After the minor was first charged with fornication in January, the government pledged to review the use of flogging as a punishment and legal practices it claimed, in certain cases, criminalise victims of sexual abuse.

While there is no timetable for reforms to be put in place, President’s Office Spokesperson Masood Imad expressed hope on that punishments such as flogging would be debated and one day repealed.

“I’m sure when we debate [punishing suspects for fornication with lashes], we will find an acceptable solution for all parties,” he said.

The Maldives constitution does not allow any law contradicting the tenets of Islam, and the legal system defaults to Sharia law in areas not covered by common law.

The last statistics available from the Department of Judicial Administration on flogging sentences show that 90 percent of the people found guilty of “Zina” – fornication – and sentenced to flogging in 2011 were female.

A total of 129 fornication cases were filed in 2011 and 104 people sentenced, out of which 93 were female. This included 10 underage girls (below 18), 79 women between age 18-40 and and four women above 40 years.

Of the 11 males who were sentenced, only one was a minor, with the others aged between 25-40.

Compared to 2010, the overall sentences in fornication increased by 23 percent in 2011, but the number of males sentenced for flogging decreased by 15 percent while the women increased by 30 percent.

According to Maldivian law, a person found guilty of fornication is subjected to 100 lashes and sentenced to one year of house arrest or banishment while a minor’s flogging is postponed until she or he reaches 18.

History of selective enforcement

Masood noted that the Maldives had a tradition of turning away from practices such as the death sentence and forms of corporal punishment, even where these were proscribed in Sharia.

According to Masood, punishments such as removing the hand of a suspect in the case of theft had not been used since the 1960s.

He maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

However, Masood said that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

“Reforms must be undertaken, but this must be done gradually considering we are dealing with a process embedded in society,” he said. “A certain amount of compromise may be needed.”

Masood said the state was committed to preventing the minor from facing her sentence, while also looking at the potential for reversing the use of flogging as a traditional punishment.

“The little girl will not be flogged for another two years, so we must look at what can be done [in the meantime],” he said.

However the conservative religious Adhaalath Party – the members of which largely dominate the Maldives’ Ministry of Islamic Affairs – has already publicly warned that “no one has the right to criticise any penalties specified in Islam.”

Quoting verses from the Quran, a statement from the party said that no citizen should be allowed to express ideas and opinions about a verdict made in accordance with the religion in a court of law in a 100-percent Muslim country.

The Adhaalath Party further cautioned that criticising issues such as the girl’s flogging sentence would “encourage enemies of Islam, create confusion among the general public and open up opportunities for people who aim to stop the practice of similar penalties commanded in Islam.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” the statement read.

The Prosecutor General’s (PG’s) Office has confirmed to Minivan News that it was not presently involved with any discussions over possible legal reforms of charges like fornication. Such a mandate lay with Attorney General Azinma Shukoor, the PG’s office said.

Shukoor, who was also recently appointed the current Acting Minister of Gender, Family and Human Rights, was not responding to calls from Minivan News at time of press.

Likes

(0)Dislikes

(0)

“Horror in paradise”: Avaaz launches campaign to target Maldives’ tourism reputation over flogging sentences

Additional reporting by Neil Merrett

Petition website Avaaz.org has launched a campaign targeting the reputation of the tourism industry in protest over the sentencing of a 15 year-old rape victim to 100 lashes for the offence of fornication.

“It’s hard to believe, but a 15-year-old rape survivor has been sentenced to be whipped 100 times by a court in the Maldives! Let’s put an end to this lunacy by hitting the government where it hurts: their tourism industry,” declared the site.

The Avaaz community, consisting of over 20 million members in 194 countries, was notified of the petition yesterday (March 20). By Thursday morning, the petition had been shared more than 23,000 times just across Facebook. By midday Friday, more than half a million people had signed the petition.

“Tourism is the big earner for the Maldives elite, including government ministers. With a million-strong petition to President Waheed, we’ll threaten the islands’ reputation through hard-hitting ads in travel magazines and online until he abolishes this outrageous law,” the site declares.

“The girl’s stepfather raped her for years and then murdered the baby she bore. Now the court is punishing her for “sex outside marriage”. President Waheed of the Maldives is already feeling global pressure on this, but we can force him to help save this girl and change the law to spare other victims this fate. This is how we’re winning the War on Women – by standing up every time an outrage like this happens,” it stated.

Former Secretary General of the Maldives Association of Tourism Industry (MATI), Mohamed Ibrahim ‘Sim’, told Minivan News that he doubted a tourism boycott would “change the government’s position on religious issues.”

“The religious faction [in the government] is stronger than ever before. It will not affect government policy in any way – it will just attract negative publicity,” he said.

“I don’t think [President] Waheed has categorically stated he is against religious sentencing. He has maintained a position of non-interference.”

Sim observed that while the case of the 15 year-old had led to a collision of the country’s two very separate worlds – that of the hedonistic Western resort and the far more conservative reality of the country as experienced by Maldivians – “exclusive resorts will still be exclusive”.

“[Tourists] have no idea what is going on in the real Maldives and they probably don’t want to know,” he said. “They come here for a relaxing, stress-free holiday.”

He noted that while public sentiment tended to focus on reconciling tourism with the haraam (prohibited under Islam) supply of alcohol, “in Islam it is also a sin to engage in sexual activity outside of marriage”.

Resorts, he noted, were not yet asking guests to provide marriage certificates.

One argument raised by the more “entrenched” elements of the tourism industry against the development of mid-market tourism on local islands, he added, was a fear that tourists were vulnerable to a backlash against foreigners.

“That has been a case made against homestays and guest houses,” he noted.

Tourism Minister Ahmed Adheeb was not responding to calls at time of press.

However President’s Office Spokesperson Masood Imad expressed hope that punishments such as flogging would be debated.

“I’m sure when we debate [punishing suspects for fornication with lashes], we will find an acceptable solution for all parties,” he said.

The Maldives Constitution does not allow any law that contradicts the tenets of Islam, with the criminal charge of fornication outlined under Islamic Sharia.

However, Masood noted that the Maldives had a tradition of turning away from practices such as the death sentence and forms of corporal punishment.

According to Masood, punishments such as removing the hand of a suspect in the case of theft had not been used since back in the 1960’s.

He maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

However, Masood said that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

“Reforms must be undertaken, but this must be done gradually considering we are dealing with a process embedded in society,” he said. “A certain amount of compromise may be needed.”

Masood said the state was committed to preventing the minor from facing her sentence, while also looking at the potential for reversing the use of flogging as a traditional punishment.

“The little girl will not be flogged for another two years, so we must look at what can be done [in the meantime],” he said.

Chinese boycott call

The Avaaz call for pressure on the tourism industry follows calls for a Chinese tourism boycott of the Maldives that exploded across Chinese social media networks earlier in March.

Dismissed Chinese employees of the Beach House Iruveli resort – formerly Waldorf Astoria – posted allegations on the Chinese forum Tianya that guests from the country were receiving inferior treatment to Europeans, despite paying the same prices.

The staff alleged that this discrimination extended to removing kettles from the rooms of Chinese guests, to prevent them making instant noodles in their rooms and thereby forcing them into the resort’s restaurants.

The resort denied the claims, stating that it had “removed damaged kettles from rooms as part of routine maintenance due to the fact that these kettles were damaged by guests by cooking food.”

Global outrage

The 15 year-old from the island of Feydhoo in Shaviyani Atoll appeared in the Juvenile Court on February 26 and was convicted for premarital sex, and sentenced to 100 lashes and eight months of house arrest.

The charges were forwarded by the Prosecutor General’s Office during a separate investigation following the discovery of a dead baby buried in the outdoor shower area of her home.

Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder. Her mother was charged with concealing a crime and failing to report child sexual abuse to the authorities.

However during the investigation, the girl confessed to a separate incident of premarital sex, which was separately investigated by police.

In the wake of international censure and the launch of its bid for re-election to the Vice Presidency of the UN Human Rights Council – on a platform of women, child and disabled rights – the government expressed its concern over the sentencing and pledged to support the victim’s legal appeal, and announced the formation of a committee to review existing child protection mechanisms.

“As concerned global citizens, we welcome your government’s intervention in the case of the 15-year-old rape victim, but we call on you to do more to protect vulnerable women and children,” read the Avaaz petition to President Waheed.

“Real justice will only be delivered when you end the practice of flogging in the Maldives, and change the law so that it better protects the victims of rape and sexual abuse,” it added.

Sources on Feydhoo meanwhile told Minivan News that the islanders had been raising concerns about the girl’s alleged abuse since 2009, claiming that she had been victimised not only by her stepfather but reportedly by an unknown number of unidentified men on the island.

The island council said that the victim’s unwillingness to tell the authorities of her alleged abuse had meant she was kept with her mother and stepfather even after her pregnancy was first discovered.

Island Councillor Ibrahim Naushaad told Minivan News that upon discovering the child was pregnant, police and the Gender Ministry had failed to remove the girl to a shelter.

“The police and Gender Ministry didn’t take responsibility or provide counselling to the girl,” he said. “The police and ministry have investigated, but we don’t know what she had said to them.”

“The Gender Minister had asked if they can send her back to the island, but I have explained that her father is severely disabled and is unable to look after her,” Naushaad said.

“If they send her back here, the same thing could happen again.”

Likes

(0)Dislikes

(0)

State Minister for Home Affairs slams President Waheed over govt’s criticism of flogging sentence

Minister of State for Home Affairs Abdulla Mohamed has challenged President Mohamed Waheed Hassan Manik over his stated attempts to review the flogging sentence given to a 15 year-old rape victim by the Juvenile Court, for an unrelated case of fornication.

The criticism follows a tweet by President Waheed in which he stated that he would push to review the Juvenile Court’s sentence of 100 lashes and eight months’ house arrest against the minor.

Mohamed, who is also the Vice President of the Civil Society Coalition, told local media that it was “not acceptable” that the country’s president was making remarks against a penalty proscribed in Islam and called for Waheed to repent.

The case has attracted widespread criticism from the international community, with Amnesty International launching a petition demanding the government repeal the sentence.

The Maldivian government – which is currently vying for re-election to the UN Human Rights Council, launched its campaign in Geneva on February 28 on a platform of “women and children’s rights and the rights of persons with disability” – has expressed “deep concern” at the decision to prosecute the girl.

“The government is of the view that the case merits appeal. The girl is under state care and the government will facilitate and supervise her appeal of the case, via the girl’s lawyer, to ensure that justice is done and her rights are protected,” the statement added.

State Minister Abdulla’s comments echo similar sentiments made by the religious-conservative Adhaalath Party (AP), which issued a statement declaring that the girl “deserves the punishment” under Islamic Sharia law.

Local media reported Mohamed as saying he intended to meet with President Waheed in order to ask him to publicly apologise for his comments.

Mohamed further stated that the girl – who had also been raped by her stepfather – should be punished for committing and confessing to the sin of fornication, and that this penalty must not be challenged, local media reported.

Likes

(0)Dislikes

(0)

15 year-old rape victim deserves flogging for separate crime of fornication: Adhaalath Party

Additional reporting by JJ Robinson

The religious Adhaalath Party (AP) has declared that the 15 year-old rape victim who was recently sentenced to 100 lashes and eight months of house arrest “deserves the punishment”, as this is the penalty for fornication under Islamic Sharia.

The party, members of which largely dominate the Maldives’ Ministry of Islamic Affairs, stated that the sentence of flogging had not been passed against the for being sexually abused by her stepfather, but rather for the consensual sex to which she had confessed to having on another occasion.

“No one has the right to criticise any penalties specified in Islam,” the party added.

Quoting verses from the Quran, the statement said that no citizen should be allowed to express ideas and opinions about a verdict made in accordance with the religion in a court of law in a 100 percent Muslim country.

The Adhaalath Party further cautioned that criticising issues like this would “encourage enemies of Islam, create confusion among the general public and open up opportunities for people who aim to stop the practice of similar penalties commanded in Islam.”

“Furthermore, Allah has decreed that expressing disapproval of issues such as this contradicts with faith in Islam,” the statement continued, quoting more verses from the Quran.

“Allah has also commanded that we show no kindness when implementing these penalties.”

The party also stated that it was saddened by the physical and psychological abuse the girl had suffered at the hands of her parents, calling the state authorities to ensure they were given the punishments they were due as detailed in Islamic Sharia.

“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.

Flogging amounts to degrading punishment or torture: UN

United Nations has expressed concern over the case of the 15 year-old being sentenced to flogging.

“The child is allegedly a victim of long-standing sexual abuse. Under international legal human rights obligations of Maldives, corporal punishment, including flogging, amounts to cruel, inhuman or degrading punishment or even to torture,” read a statement issued by the UN in the Maldives.

“ The approach to sexual abuse which has been adopted in numerous international human rights frameworks is that governments should implement prevention, prosecution of perpetrators, and protection measures to ensure that sexual abuse does not occur. Where it has occurred, governments should put in place measures for rescue, rehabilitation, and reintegration of victims.”

US “deeply disturbed”

The US Embassy in Colombo said it was “deeply disturbed” by the recent ruling, noting that the minor was “also a victim of rape”.

“We call upon the Maldivian government to recognise that she must be protected rather than punished by authorities. We welcome President Waheed’s statement that his government “will push for a review” of the decision. We urge the Maldivian judiciary to immediately drop all charges against the girl and for the Majlis to enact legislation that protects women and minors who have suffered sexual abuse.

“Promoting gender equality and advancing the status of all women and girls around the world remains one of the greatest unmet challenges of our time, and one that is vital in all countries to ensure full democratic rights, regardless of culture,” the Embassy stated.

President “saddened”

President Mohamed Waheed, who has previously insisted on the executive’s inability to interfere in judicial matters, stated on his official Twitter account yesterday: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”

The government is currently pushing for re-election to the UN Human Rights Council and launched its campaign in Geneva today (February 28), spearheaded by State Minister of Foreign Affairs Dunya Maumoon, daughter of former 30 year autocratic ruler Maumoon Abdul Gayoom.

In a statement today, the Foreign Ministry said the Maldives had prioritised its term in the Council “by focusing on women and children’s rights and the rights of persons with disability, had been a vocal campaigner for the prevention of torture, and brought the issue of the right of all to live in a safe and clean environment to the forefront of the Council’s debate.”

In a second statement later today, the Foreign Ministry expressed “deep concern by the prosecution and the Juvenile Court’s sentence to flog a 15 year-old girl on the charges of pre-marital sex.”

“Though the flogging will be deferred until the girl turns 18, the government believes she is the victim of sexual abuse and should be treated as such by the state and the society and therefore, her rights should be fully protected. The Government is of the view that the case merits appeal. The girl is under state care and the government will facilitate and supervise her appeal of the case, via the girl’s lawyer, to ensure that justice is done and her rights are protected,” the Ministry stated.

“The Juvenile Court’s verdict has brought home the critical and severe need to review existing mechanisms, especially legal framework, available for protecting the rights of the children in the Maldives. The government calls on all stakeholders to view cases of child abuse and child-sexual abuse through a human rights lens and to base each case on the best interest of the child.

“In view of the urgent attention required for protecting the rights of the children, the government has established a Committee to review the existing child protection mechanisms, particularly the legal mechanism, in view of the universally accepted norms and principles, and recommend to the state areas that require urgent changes,” the Ministry said.

Likes

(1)Dislikes

(0)

Under-age rape victim convicted of fornication, sentenced to 100 lashes

A 15-year-old rape victim from the island of Feydhoo in Shaviyani Atoll was convicted of premarital sex at the Juvenile Court today and sentenced to 100 lashes and eight months of house arrest.

In June 2012, the girl gave birth to a baby that was discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder.

Her mother was meanwhile charged with concealing a crime and failing to report child sexual abuse to the authorities.

An official from the Prosecutor General (PG)’s office told Minivan News in January this year that the fornication charges against the minor were related to a separate offence of premarital sex that emerged during the police investigation. The charges were filed on November 25, 2012.

In its verdict delivered today, the Juvenile Court ordered the state to transfer the girl to the Children’s Home in Villigili to enforce the sentence of eight months house arrest, according to local media reports.

The girl reportedly confessed at the trial to having consensual premarital sex.

The Islamic Shariah punishment of flogging would be administered when the girl turns 18. However, the sentence could be implemented earlier should the minor request expedition, a court official explained to local media.

In late January, the PG’s Office told Minivan News that it was reviewing the decision to press charges against the minor. Two hearings at the Juvenile Court were subsequently cancelled upon request by the PG.

However, the trial resumed after the PG decided earlier this month not to withdraw the charges.

Officials from the PG were unavailable today to clarify whether the male offender faced the same charge of premarital sex.

The case of the 15 year-old had prompted concern from the executive following international media coverage. The government announced last month that it would review and “correct” laws that victimise young women and minors who have suffered sexual abuse.

President’s Office Spokesperson Masood Imad told Minivan News that from government’s perspective, the 15 year-old girl was a victim who needed to be protected, not punished by authorities.

“We will be talking with the Ministry of Islamic Affairs over this manner and will review and correct the problem,” he said.

Masood said that the Maldives had experienced a number of similar cases of late where young women had been victimised and punished by authorities – a situation he said the government was looking to prevent.

“We are reviewing this right now and if we have to go to the extent of changing existing laws then we would look to do this,” he said.

“Absolute outrage”

The criminal charges against the minor was slammed by Amnesty International last month, which called the prosecution “an absolute outrage.”

“This is an absolute outrage, regardless of the reason for her charges. Victims of rape or other forms of sexual abuse should be given counselling and support – not charged with a crime,” said Abbas Faiz, Amnesty International’s Maldives Researcher.

“We urge the Maldivian authorities to immediately drop all charges against the girl, ensure her safety and provide her with all necessary support.

“Flogging is a violation of the absolute prohibition on torture and other cruel, inhuman and degrading treatment or punishment. The Maldivian authorities should immediately end its use regardless of circumstances. The fact that this time a 15-year old girl who has suffered terribly is at risk makes it all the more reprehensible,” said Faiz.

“Flogging is not only wrong and humiliating, but can lead to long-term psychological as well as physical scars.”

In response to a Minivan News report in 2009 of an 18 year-old woman fainting after a 100 lashes, Amnesty International called for a moratorium on the “inhumane and degrading punishment.”

Of the 184 people sentenced to public flogging in 2006, 146 were female, making it nine times more likely for women to be punished.

In November 2011, UN High Commissioner for Human Rights Navi Pillay urged the authorities to impose a moratorium on flogging and to foster national dialogue and debate “on this issue of major concern.”

“This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country,” the UN human rights chief told MPs during a maiden visit to the Maldives.

Her remarks sparked protests by Islamic groups outside the UN building and drew condemnation from the Islamic Ministry, NGOs and political parties.

According to statistics from the Department of Judicial Administration, almost 90 percent of those convicted of fornication in 2011 was female.

Of 129 fornication cases in 2011, 104 people were sentenced, out of which 93 were female. This included 10 underage girls, 79 women aged 18-40 and and four women above 40 years.

Likes

(0)Dislikes

(0)

Hearing cancelled for 15 year-old girl facing fornication charges

The hearing of a 15 year-old girl charged with having “consensual sexual relations” was cancelled on Wednesday (January 23) following a request from the Prosecutor General (PG).

Juvenile Court Official told local media that the PG wanted to cancel the hearing as “charges had been raised against an individual for engaging in sexual activity with an underage person while holding a trustworthy position”, local media reported.

The hearing – to take place in Juvenile Court – had been cancelled in order for the PG to see if there was any reason to withdraw the fornication charges against the girl.

According to local media, the letter sent by the PG to Juvenile Court requesting the cancellation of the hearing did not mention who the “trustworthy” person was.

Earlier this month, a PG’s Office spokesperson confirmed that the charges against the minor were related to a separate offence under Sharia Law, which had been filed on November 25, 2012.

The 15 year-old, who is from the island of Feydhoo in Shaviyani Atoll, last year gave birth to a baby that was discovered buried in the outdoor shower area of a home on Feydhoo. Her stepfather was later charged with sexual abuse, possession of pornographic materials and committing murder without intent.

According to local media, the mother is now facing charges of concealing a crime.

The PG’s Office and the Juvenile Court were not responding to calls from Minivan News at time of press.

The charges against the 15 year-old have been labelled an “absolute outrage” by NGO Amnesty International.

In a statement Amnesty International’s Maldives Researcher Abbas Faiz stressed that suspected victims of rape and sexual abuse required counselling and support rather than criminal prosecution.

“We urge the Maldivian authorities to immediately drop all charges against the girl, ensure her safety and provide her with all necessary support,” the NGO’s statement read.

Amnesty Intentional also raised concerns that should the minor be found guilty of “fornication” as reported in the media, she could potentially be flogged in line with sentencing for similar cases held in the country.

“If found guilty of ‘fornication’ the girl could be punished with flogging. She would likely be kept under house arrest until she turns 18 when, under Maldivian law, the flogging can be carried out. Flogging is a violation of the absolute prohibition on torture and other cruel, inhuman and degrading treatment or punishment,” Amnesty International stated.

Likes

(0)Dislikes

(0)

No intention to reverse decision to charge 15 year-old with fornication: PG’s office

The Prosecutor General’s (PG) office has “no intention” of reversing the decision to charge a 15 year-old child abuse victim with fornication, local media has reported.

An official from the PG’s office told local newspaper Haveeru that the decision to charge the 15-year-old from Shaviyani Atoll Feydhoo with fornication was made after extensive assessment of the case.

Back in June 2012, the same minor – a school student at the time – gave birth to a baby later discovered buried in the outdoor shower area of a home on Feydhoo.

The discovery led to the arrest of four people, including the 15 year-old girl’s mother and step father.

Haveeru reported that as the charges filed against the girl have no connection with the buried baby case, the PG’s office had no intention to withdraw the charges.

“So far we have no intention of reversing the decision to charge her at the Juvenile Court,” a PG’s official was quoted by local media.

Speaking to Minivan News on January 9 the Prosecutor General (PG’s) Office confirmed it had pressed charges against a 15 year-old girl from the island of Feydhoo in Shaviyani Atoll for having “consensual sexual relations”.

A spokesperson for the PG’s Office said the charges against the minor were unrelated to a separate case against the girl’s stepfather over allegations he had sexually abused her.

Likes

(0)Dislikes

(0)

Judicial statistics show 90 percent of those convicted for fornication are female

Almost 90 percent of the people found guilty of “Zina” – fornication – and sentenced to flogging in 2011 were female, according to new statistics published by the Department of Judicial Administration last week.

A total of 129 fornication cases were filed last year and 104 people sentenced, out of which 93 were female. This includes 10 underage girls (below 18), 79 women between age 18-40 and and four women above 40 years.

Of the 11 males who were sentenced, only one was a minor, with the others aged between 25-40.

Compared to 2010, the overall sentences in fornication increased by 23 percent in 2011, but the number of males sentenced for flogging decreased by 15 percent while the women increased by 30 percent.

It takes four witnesses or a confession to prove the offence in court based on Islamic Sharia. The Maldives’ legal system consists of elements of both common law and Sharia.

Earlier this year, the Maldives made international headlines when a 16 year-old girl was sentenced to 100 lashes and eight months house arrest by Hulhudhufaaru Magistrate Court in Raa Atoll, for fornication while the 29 year-old man was sentenced to 10 years imprisonment after finding him guilty of sexually abusing the girl.

Being a minor, the court stated that the girl’s sentence would be implemented when she turned 18.

After visiting the country in November last year, UN Human Rights Chief Navi Pillay called for a moratorium on corporal punishment, describing it as “inhumane and degrading.”

“This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country,” said Pillay.

However, her statements and calls for discussion on the issue were met with outrage from the opposition and religious Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry itself dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

Minivan News could not verify if all the people sentenced last year had been flogged at the time of the report’s release, although former Former Minister of Gender and Family Aneesa Ahmed confirmed that the sentences were being carried out.

The Judicial Sector Statistics Report 2011 highlights the sheer scale of the long-known and unaddressed issues of gender bias in the justice system.

A 2004 UNICEF study titled “Gender issues in the Maldives Criminal Justice System” raised serious concerns over cases of ‘Zina’ – both consensual and non-consensual alike.

As rape was at the time and is still defined as “forced fornication”, as with any other fornication case, four witnesses or a confession is still required by the court to prove rape.

“In these cases a woman’s accusations need to be verified by two men or four women, thus, rape and sexual violence remain impossible to prove in virtually all cases,” the 2004 study noted.

The prosecutor general’s office had earlier confirmed that as these two necessary elements are almost impossible to find, in all rape cases the suspects are charged with forced sexual misconduct, which carries a lesser punishment.

However if the victim is a minor, the PG says that such cases are tried under the 2009 Act on Stipulating Strict Punishment for Child Abusers.

This is the major reason why no rape cases were found in the new statistics revealed by the judiciary despite the high number of reported rape cases. It is also likely that rapes involving minors have fallen into the category of child abuse while others have been categorised under forced sexual misconduct.

However, its also noteworthy that in 2010, eight men were convicted for forced sexual misconduct but the following year the sentenced decreased by 50 percent. Out of the men charged with forced sexual misconduct in 2011, six walked free while only four were sentenced.

The 2004 study further added at the time the current law establishes a minimum age limit of 18 for a person to receive adult punishments, but one of the three exceptions is “if the woman has had a child.”

The Judicial report 2011 says that 10 females were convicted for “giving birth outside a wedlock”, including a minor – a criminal offense which explicitly is directed at women and carries a sentence of maximum one to two years house arrest.

The UNICEF study explained that the current law allows for a young woman under the age of 18, who has been a victim of sexual abuse and is consequently pregnant, to receive lashings in a public setting.

“The victim must then endure the pain and public humiliation of her situation, both the illegitimate pregnancy and the public lashings, which have significant ramifications for her subsequent life opportunities. The perpetrator, on the other hand, is likely to remain publicly unidentified.” it noted.

Likes

(0)Dislikes

(0)

HRCM to discuss case of minor sentenced to 100 lashes for fornication

The Human Rights Commission of the Maldives (HRCM) has said it would on Tuesday discuss the case of a 16 year-old girl who was on Sunday sentenced to house arrest and 100 lashes for fornication with a 29 year-old man, confirmed Vice President Ahmed Tholal.

Permanent Magistrate of Raa Atoll Hulhudhuhfaaru, Magistrate Abdul Samad Abdulla, sentenced the girl to eight months under house arrest, and for public flogging once she reaches the age of 18.

Meanwhile the man, who has been identified as Ahmed Rasheed, Finivaage, R. Angolhitheemu, has been sentenced to 10 years in jail on charges of sexual assault on a minor.

The sentencing has attracted international media attention and appeared in the UK’s Daily Mail newspaper.

President of the Hulhudhuhfaaru Island Council, Mohamed Zubair, told Minivan News today that the crime had occurred approximately two months ago. He said that the matter had been filed in court by the girl’s family.

Zubair said that although the girl was of school-age, she had stopped attending classes months ago.

An official of the Hulhudhuhfaaru Magistrate Court, Ali Rashid, spoke in length to Minivan News about the case on Tuesday.

“The girl has been sentenced to eight months house arrest. The charges for an adult who has committed fornication is a year’s house arrest, but since she is a minor, she can only be given two thirds of the regular sentence,” he explained.

Rashid said that the girl had been sentenced for fornication because she had confessed to it. The man, however, had denied the charges.

“The man said he hadn’t committed fornication, but he admitted to having hugged and done certain other things with the girl. This amounts to sexual assault of a minor under the law. That’s why he has got the minimum sentence possible under the relevant law, 10 years in jail,” Rashid explained.

The Magistrate Court confirmed that the man was now being kept in custody by relevant authorities.

The official of the Hulhudhuhfaaru Magistrate Court referred Minivan News to Article 25 of the act detailing special actions to be taken in cases of sexual offences against children (Act number: 12/2009).

Article 25 says: “Unless proven otherwise, it cannot be considered that a child between ages 13-18 had given consent to committing a sexual act. And unless proven otherwise, it will be considered that the sexual act was committed without the child’s consent.”

As the case now stands, two contradicting sentences have been given to persons involved in the same case.

While, as per the magistrate court, the man has been convicted of sexual assault, which translates into an act committed without the consent of the girl, the girl herself has been sentenced on the charges of having consensual sex outside of wedlock.

Private lawyer Mohamed Shafaz Wajeeh, agreed with this observation.

“I agree that there is a strong contradiction here. Also, the man has been sentenced under common law. The act he committed is criminalised under the existing laws, those drafted and passed through the parliament. The girl, on the other hand, has been sentenced under Sharia law, which is not specifically written down. There is a discrepancy in how men and women are sentenced. At times females face more difficulty denying charges of fornication. This, I believe is a structural issue which needs to be addressed.”

An official of the Ministry of Gender, Family and Human Rights, said that the ministry would not speak about specific cases.

Refusing to identify herself, she said, “If the girl has been sentenced for a crime, it’s either the court or JJU (Juvenile Justice Unit) that needs to be concerned. We will be concerned once the girl is flogged, but as far as I know, she hasn’t been flogged yet. We do not want to associate ourselves with a case that we are not involved in.”

Minister of Gender, Family and Human Rights, Dhiyana Saeed, was not responding to calls at the time of press.

In November 2011, UN HIgh Commissioner for Human Rights, Navi Pillay, speaking in parliament, raised concerns about the issue of flogging in the Maldives.

Speaking on the issue, Pillay said, “This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country.”

Her statements and calls for discussion on the issue were met with outrage from the opposition and religious Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry itself dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

Likes

(0)Dislikes

(0)