Tag: fornication

Juvenile Court postpones order to summon HRCM members

The Juvenile Court has postponed an order summoning all members of the Human Rights Commission of Maldives (HRCM) to discuss their alleged misleading of the public over the court’s work.

An official from the Juvenile Court has today confirmed to local media that it has now asked all members to produce themselves to the court next Monday (March 17) at 9:30am.

The official told local newspapers that the decision was made in compliance with the commission’s request made due to three members being out of town and the other two also unable to attend.

The Juvenile Court has previously sent letters to the commission on two occasions asking them to discuss a report made regarding a 15 year old minor charged for fornication in 2012.

The court has claimed the report contained misleading information that gave a “negative impression” of the court’s conduct. The report was also said to contain statements that could be considered as attempts to influence the court’s work.

In a matter relating to criticism of the Supreme Court, Chief Justice Ahmed Faiz has this week said that the maintenance of the respect and the positive reputation of the courts was a constitutional responsibility of all state authorities.

Following the HRCM members’ failure to comply with the court requests last Sunday (March 9), the court issued the summons for today.

The report in question came during the trial of a 15 year-old girl who had given birth to a baby which was later discovered buried in the outdoor bathroom at her residence. Her stepfather was subsequently charged with sexual abuse of a child and committing premeditated murder.

The 15 year-old was convicted of premarital sex at the Juvenile Court on February 26 and sentenced to 100 lashes and eight months of house arrest  after confessing to fornication with another man.

The Attorney General’s Office appealed the case on March 27 last year following appeals from international human rights advocacy organisations and Avaaz.org, which launched an online petition that gained over two million signatures.

On August 21, 2013, the High Court decided to overturn the minor’s sentence after she denied having confessed to consensual sex with an unknown partner during the Juvenile Court trial.  Authorities have previously said the minor had confessed to having consensual sex during a separate investigation into her abuse.

According to Islamic Fiqh scholars, a confession of fornication can be retracted before the resulting sentence is carried out in full, the High Court statement added.

It was further noted by the court that there were discrepancies in the statement given by the girl to the Juvenile Court. The High Court concluded that the minor – found to be suffering from post-traumatic stress disorder – was unable to correctly define pre-marital sex according to the law.

The High Court argued that its verdict had been based on evidence that the girl was “unfit for trial” during investigations into her alleged abuse and the subsequent Juvenile Court hearings.

The court said that the minor had provided her original statement in the capacity of a victim and not a suspect, and that authorities had therefore not given her the fundamental rights legally required of a suspect in a crime.

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Depiction of Supreme Court Judge in sex-tape remains an uncertainty, says police

The Maldives Police Service has said that it still cannot ascertain that the sex-tapes allegedly depicting Supreme Court Judge Ali Hameed are genuine.

Despite the claims made by police regarding the haziness of the characters seen in the videos, both social media networks and local media have pointed the finger at Judge Hameed when reporting on the videos.

The accusations towards Hameed were supported by an earlier film – apparently taken in the same hotel room as that of the sex videos – in which he was seen discussing the ‘politicization of the Maldivian judiciary’ with a local businessman whom the media identified as Mohamed ‘Golden Lane’ Saeed.

During a press conference held by the police yesterday (December 4) evening, Superintendent Abdulla Nawaz told the press that the police have put huge efforts in identifying the characters seen in the video by utilizing on several forensic tests.

However Nawaz admitted that efforts had not been fruitful in determining the participants, let alone whether it was Hameed seen fornicating with multiple foreign women inside the hotel room.

“Nevertheless, some work regarding the investigation of this case is still proceeding. Also, we would like to inform that work will be done in the future to ensure the investigation leads to success,” Nawaz told the press.

The Superintendent also said that the police had sought “assistance from a country” – that had some relevance to the case – in the investigation process and that it was awaiting reception of some key information regarding the videos that would prove central to their investigations.

“We believe once we get this information [from abroad], more doors will be opened and more clues to the case will be revealed, to enhance our investigations,” Nawaz said.

Although Nawaz did not mention the name of the country, nor what part of the investigation in which assistance had been sought, it has been reported that the video-footage showed a hotel room in Cinnamon Grand Hotel located in Colombo, Sri Lanka.

Given the large number of Maldivians traveling to Sri Lanka, it has been widely speculated that many get involved in prostitution and gambling.

Police determined to prosecute

Last August, a photograph leaked on social media showed the former Deputy Minister of Transport Ibrahim Nazim inside a casino playing roulette. The photograph clearly showed a television screen behind Nazim displaying the words “welcome to Bellagio”, suggesting the location to have been one of the Bellagio franchise casinos in Colombo.

Meanwhile, Nawaz said that the case primarily involved two criminal offences. The first offence was fornication – which under the Maldivian penal law is punishable by 100 lashes and banishment. The second was the use of video for blackmail.

Last June police arrested Ahmed Faiz – a council member of former President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and the then-Project Advisor at the Housing Ministry – on  blackmail charges while he was allegedly trying to sell a sex-tape of the judge.

Yesterday, local newspaper Haveeru reported that police had been unable to proceed with the investigations, due to Criminal Court’s failure to provide two key court warrants requested three months ago.

Quoting an official from the Judicial Service Commission – constitutionally mandated to oversee the judiciary – the paper claimed police had sent a letter to the commission informing it of the Criminal Court’s failure to provide the required warrants. Neither the police nor the Criminal Court confirmed the claim.

However, Nawaz implicitly denied Haveeru’s account, telling the press yesterday that police had not come across major barriers in proceeding with the investigations. He maintained that in an investigative perspective the enhancement and analysis of video and audio never was an easy thing to do.

He also reiterated that the police were committed and determined to ensuring the investigation still succeeds, and that they wished to successfully prosecute all those involved in the videos as soon as possible.

Although fornication and adultery remains a criminal offence under the Maldivian law, a successful conviction only arises from either a confession or evidence given by four male eyewitnesses, as prescribed under Islamic Sharia’.

Videos and photographs will only amount to circumstantial evidence and would not suffice a conviction.

Subsequently, regardless of the public circulation of the videos, all parties seen in the video will remain ‘innocent unless proven guilty beyond a reasonable doubt’, as per the article 51(h) of the constitution.

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Fornicating couple sentenced to 18 months jail, 25 lashes for self-made sex video

The Criminal Court has sentenced two consenting adults to 18 months in jail and 25 lashes for videoing themselves engaging in extramarital sex.

Aseel Ismail and Mariyam Sana were arrested in April 2011 after a police raid found CDs and photos in which the couple appear to engage in extramarital sex.

Aseel is currently serving a seven year jail term for assault and Sana is facing trial for drug abuse and alcohol consumption.

The Criminal Court on Wednesday sentenced the two to six months in jail and 25 lashes for fornication and issued an additional one-year jail term for producing pornographic material.

Meanwhile, renowned Quran reciter Hussain Thaufeeq has been sentenced to six months banishment and 15 lashes for sexually abusing children. However the Criminal Court suspended the sentence for three years, on the grounds it was the Qari’s first offence.

Thaufeeq was arrested in August 2010 on multiple charges of child sexual molestation with “some cases going a long time back,” police said at the time.

Thaufeeq’s students had also submitted a petition to the Human Rights Commission of the Maldives (HRCM) asking the commission to investigate the matter

Thaufeeq hosted a daily Quran teaching program on Television Maldives (TVM) for school children every evening after Isha prayers. He also led Friday prayers and conducted sermons.

He is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.

Under the Child Sex Offenders (Special Provisions) Act of 2009, the penalty for child sex abuse is 10-14 years but can be extended to 15-18 years if the accused was in a position of trust with the children he allegedly abused.

However, it appears Thaufeeq has been charged under a different regulation criminalising fornication and sexual misconduct.

The Criminal Court was not responding to calls at the time of press.

In August this year, a 15-year-old girl who faced 100 lashes after she was raped by her stepfather had her sentence overturned following an international campaign.

The Juvenile Court in September sentenced a 17 year old boy to four months in prison after he kissed a 16 year old girl in a court waiting room. The girl was sentenced to four months house arrest.

Meanwhile, a series of sex tapes in which Supreme Court Judge Ali Hameed appears to be having sex with several unidentified foreign women were leaked in July, but the judicial oversight body voted not to take any disciplinary action citing lack of evidence. The Judicial Services Commission (JSC) continues with the investigation.

According to a 2007 UN study, one in three women in the Maldives experience physical and /or sexual violence at some point in their lives. Further, one in eight women reported they had experienced childhood sexual abuse, the study said.

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Police ask PG to charge Sri Lankan woman and Maldivian man for fornication

Police have concluded the investigation into a case where a Maldivian man and a Sri Lankan woman are alleged to have had sex in Hulhumale’, and have sent the case to the Prosecutor General’s Office for prosecution.

In a statement issued the police identified the two as Mohamed Didi, 41, of Male and Dhamika Siriyala, 41, from Sri Lanka.

Police said on May 13, 2013, they were caught inside a room in Hulhumale’ rented on a daily basis.

The investigation into the case was concluded on August 25 and sent to PG the same day.

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Fifteen year-old’s appeal of flogging sentence for fornication stalled in High Court

State and judicial authorities have failed to provide a timeline for the appeal of a 15 year-old rape victim sentenced to flogging for a separate incidence of fornication, despite repeated pledges and promises of wider legal reform.

The 15 year-old minor from the island of Feydhoo in Shaviyani Atoll was convicted to 100 lashes and eight months of house arrest in February 2013, after confessing to fornication with another man during an investigation into allegations she was sexually abused at the hands of her stepfather. Those allegations arose with the earlier discovery of a dead baby buried in the outdoor shower area of the family’s home.

A month after the sentence was delivered, sources on Feydhoo told Minivan News that islanders had been raising concerns to the authorities over the girl’s abuse by other men on the island since 2009.

Sources at the time accused law enforcement officials, civil society and successive governments of failing on every level to protect the minor.

Widespread international coverage of the sentencing has since led to over two million people signing an Avaaz.org petition calling for her sentence to be quashed, a moratorium on flogging, and reform of laws to protect women and girls in the Maldives.

Despite the country’s international reputation as an romantic island getaway for couples, fornication (sex outside marriage) is illegal in the Maldives and is subject to Sharia punishments under the 1968 penal code.

However, statistics from the Department of Judicial Administration show that flogging sentences are overwhelmingly issued to women. Of the 129 fornication cases filed last in 2011, 104 resulted in sentences – 93 of whom were female.

Meanwhile, the Judicial Services Commission (JSC) has dismissed calls to suspend Supreme Court Judge Ali Hameed following the judge’s appearance in at least three recently-leaked sex videos appearing to depict him fornicating with unidentified foreign women in a Colombo Hotel room, citing “lack of evidence”.

15 year-old’s appeal stalled

The opening hearing of a High Court appeal of the girl’s flogging sentence, filed on her behalf by Attorney General Azima Shukoor, was held on April 29

The High Court has confirmed to Minivan News that there had been no further hearings in the three months since, and no further hearings scheduled.

However, a legal source speaking this week on condition of anonymity said the hearing in April was believed to have been the last, with the court expected to deliver a verdict on the case the next time it reconvened on the issue.  The appeal is being heard behind closed doors.

The flogging would be administered when the girl turns 18, although local media has previously cited a court official who claimed it could be implemented earlier should the minor request so.

Deputy Solicitor General Ahmed Usham confirmed that the sentence had not been carried out, and reiterated that no date had yet been set for a verdict on the minor’s appeal.

Usham added that a process to oversee legal reforms into the treatment of sexual abuse victims involving state bodies including the Attorney General’s (AG’s) Office was ongoing at present.

“Hopefully something concrete will be announced on this soon,” he said, but could not speculate on a timeline.

President Dr Mohamed Waheed’s government has previously pledged to review and “correct” laws it says victimise young women and minors who have suffered sexual abuse.

President’s Office Spokesperson Masood Imad previously expressed hope that the use of punishments such as flogging would be among practices debated as part of reforms.

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

More recently, the President’s Office said current legal practices involving the treatment of victims of sexual offences could not be changed overnight, and required gradual implementation.

“We cannot go any faster on the matter than this, we don’t want to see any trouble like in the past. We can’t just go and ask a judge not to [give sentences like this] anymore,” Masood said in May.

The President’s Office today confirmed that Dr Waheed had established a “special committee” as part of efforts to try and oversee the requested legal reforms, referring any specific questions on its work to Spokesperson Ahmed ‘Topy’ Thaufeeq.

Thaufeeq was not responding to calls or text messages at time of press.

Recently appointed Gender Minister Dr Aamaal Ali meanwhile requested Minivan News contact the office of former Gender Minister and current AG Azima Shukoor concerning the current status of attempts to reform laws on the treatment of sexual abuse victims.

Azima was not responding to calls or e-mails to her office at time of press.

Local newspaper Haveeru meanwhile last weekend interviewed the judiciary’s official flogger, Abdul Khalig.

“According to his memory, Khalig has enforced flogging sentences of over 300 people which amounts to thousands of lashes with his leather whip,” reported Haveeru.

“But Khalig to this day remains hesitant when it comes to flogging the elderly given their age. But he assures that no old person mostly sentenced for fornication and child abuse had come to any harm as a direct result of the flogging.

“No matter who the person is, this must be done. It is not a cruel punishment. Only one woman fainted whilst I was flogging her,” Khalig told the paper.

“I notice that people who have been flogged, repent and live good lives afterwards. Because this such a small society I see it quite often. People who have been flogged for fornication later go on to live very good lives,” he said, adding that he was now hoping “to impart what he has learned to the next generation before he retires.”

15 year-old’s case “tip of the iceberg”: Amnesty International

Speaking to Minivan News at the conclusion of a nine day visit to the country in April, Amnesty’s South Asia Director Polly Truscott claimed the treatment and controversial flogging sentence handed to the 15 year-old girl was the “tip of the iceberg” regarding the Maldives’ treatment of sexual abuse victims.

Earlier the same month, Maldivian NGO Advocating the Rights of Children (ARC) criticised child protection measures currently in place in the country as “inadequate”, urging government authorities to incorporate several key human rights obligations into domestic law.

ARC at the time told Minivan News that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.

Minivan News meanwhile in June investigated reports of “widespread” child prostitution being conducted in Laamu Atoll, and was informed by a private clinical psychologist that the practice had become “so common” that the victims considered it “normal”.

Multiple sources told Minivan News the practice has prevalent across the Maldives, ranging from male benefactors grooming children with ‘gifts’ to parents actively selling the sexual services of their children – some as young as 12.

Official and public acknowledgement of the “systemic” child sexual abuse remains taboo, although Azima Shukoor – then Family and Gender Minister – in a statement on May 10 to mark Children’s Day revealed that “children being used as sex workers, where the children are sent to places as a means to pleasure people and to gain an income from such a trade. This is being practiced in the Maldives today. Both boys and girls are being used in this trade.”

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Haveeru interviews fornication flogger Abdul Khalig

“Some may perceive a man who day in day out is tasked with whipping his fellows to be remorseless or even sadistic. However, Khalig, to the contrary is quite warm and extremely friendly,” writes Niumathullah Idhurees and Mohamed Visham for local newspaper Haveeru.

“He can be seen addressing the victims at the end of his whip outside of the courtroom with empathy even though he is at most times at the receiving end of verbal abuse and threats. His response to such abuse and threats is always a warm smile. For him, it is nothing new. For him, it’s just a job.

“‘It has to be done in a certain way. I was taught by judges and various other people before I was given this job. I see this job as a blessing. There aren’t many who want to do this job,’ the 33-year-old Khalig, who assumed his job in 2010, told Haveeru.

“According to his memory, Khalig has enforced flogging sentences of over 300 people which amounts to thousands of lashes with his leather whip.”

Read more

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Revised penal code will “destroy Islam,” insists Sheikh Ilyas

A draft penal code under consideration by parliamentary committee will “destroy Islam” in the Maldives if the bill is passed in its current form, Sheikh Ilyas Hussain of the Adhaalath Party (AP) repeatedly insisted at parliament today.

The chair of the religious conservative AP’s scholars’ council and member of the Fiqh Academy was summoned to the committee after claiming that the draft legislation (Dhivehi) did not include Shariah penalties for fornication, apostasy and violent robbery.

“If it is passed, there is no doubt that there will be no religion in this Muslim society that claims to be 100 percent Muslim. There will be no Islamic punishments,” Sheikh Ilyas stated in a sermon delivered at the Furqan mosque in Male’ on March 23.

Sections of an audio recording of the sermon were played at the committee meeting today.

Ilyas however stood by the assertion and pointed to the bill specifying two years banishment as the punishment for fornication, instead of public flogging as prescribed in the Quran.

“Refusing [to incorporate] a single Hadd [fixed punishments specifically mentioned in Quran] is destroying Islam,” he said.

Other hudud crimes include murder, theft, highway robbery, consuming alcohol, apostasy and defaming a chaste woman.

Responding to Ilyas’ allegations, MP Ahmed Hamza, chair of the committee, noted that the draft penal code specifies as offences zina (fornication), theft, alcohol consumption and illegally toppling the government.

Following tense exchanges between Ilyas and MPs in a question and answer session, Hamza however conceded that “some [hudud] punishments” were not included in the draft legislation.

Hamza explained that a provision (article 1205) was added by the committee after the draft penal code was opened for public comment, under which sentencing persons convicted for premarital sex to 100 lashes is left to the discretion of judges.

Hamza also observed that a high degree of certainty is required in Islamic Shariah to convict a person of a hudud crime, such as four witnesses to prove fornication.

The hudud punishments were not incorporated because the Maldivian judiciary does not have the competence and public confidence to deliver fair judgments, Hamza said.

“I believe that our justice system has not developed to the level of establishing hadd,” he said, adding that the Prophet’s (pbuh) sayings advised against meting such punishments if there was the slightest doubt.

The six-member select committee reviewing the revised penal code includes MPs Ahmed Hamza, Imthiyaz Fahmy and Nazim Rashad from the Maldivian Democratic Party (MDP), MPs Abdul Raheem Abdulla and Abdul Azeez Jamal Abubakur from the Progressive Party of Maldives (PPM) and MP Ahmed Mohamed (Vice Chair) from the Dhivehi Rayyithunge Party (DRP).

A revised penal code was submitted to parliament in late 2009 to replace the existing law put in place in the 1960s. The bill has since been at committee stage.

The initial draft of the penal code was prepared by legal expert Professor Paul H Robinson and the University of Pennsylvania Law School of the United States, upon the request of the Attorney General in January, 2006. The project was supported by the United Nations Development Program (UNDP).

Professor Robinson’s team have published two volumes (Volume 1 and Volume 2) consisting of commentaries on sections of the draft legislation.

“The author’s review suggests that the Maldivian criminal justice system systematically fails to do justice and regularly does injustice, that the reforms needed are wide-ranging, and that without dramatic change the system and its public reputation are likely to deteriorate further,” Professor Robinson wrote in his summary conclusion.

Fitna

At today’s meeting, MDP MPs accused Ilyas of “lying” and misleading the public when he swore by God during his sermon that Shariah punishments were not included in the revised penal code.

MP Imthiyaz Fahmy said he deeply regretted Ilyas’ remarks in his sermon that implied that members of the committee were not Muslims.

“I am aware that I am a Muslim, not because of any relation between myself and Sheikh Ilyas,” Imthiyaz said. “I am a Muslim because of a connection from the bottom of my heart to God.”

Inciting religious hatred was a crime under both domestic and international law, he added.

DRP MP Ahmed Mohamed said that the first draft of the bill was in conflict with Islamic Shariah but the committee has made significant changes at the advice of religious scholars.

He went on to defend the committees’ efforts in reviewing the bill in consultation with state institutions, religious scholars, legal experts and the Islamic Ministry.

PPM MP Abdul Azeez Jamal Abubakur meanwhile asked Ilyas why he chose to make allegations in public and sow discord instead of sharing his concerns with the committee.

He stressed that the review process was ongoing with the input of experts and religious scholars.

“When you say this is a law intended to destroy Islam, what happens is that we face threats,” he said. “People who love religion even called us kafir (non-believers) at the time. So this is a dangerous matter.”

The PPM MP for Laamu Maavah also disputed Ilyas’ claim that the bill did not specify consensual sex between adults as an offence.

In response, Ilyas said it was his duty to inform the public after the committee invited views and comments as most people were not well-informed on religious issues.

Ilyas also objected to a provision (article 411) exempting a woman from being lashed even if she confesses to fornication, if the man denies it and four witnesses are not produced.

“This is definitely against Islamic Shariah,” Ilyas said, adding that a confession at court should lead to punishment.

Sheikh Ilyas argued that such provisions contravened the constitution as article 10 stated that no laws contrary to any tenet of Islam shall be enacted in the Maldives.

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Government claims committed to flogging reforms as UK omits Maldives from FCO’s list of human rights “concerns”

The government has said it continues to pursue legal reforms over the use of punishments like flogging as the UK Foreign Office opts against listing the Maldives as a country of concern for human rights abuses this year.

With foreign governments and international NGOs continuing to raise concerns about a flogging sentence handed to a 15 year-old girl in the Maldives, the President’s Office maintained that the matter had already been appealed by the state as part of efforts for wider legal reforms.

However, the government this week maintained its previous stance that any changes to current legal practices over the treatment of victims of sexual offences could not be enforced in the space of a single day – requiring gradual implementation.

The comments were made after UK High Commissioner to Sri Lanka and the Maldives John Rankin this month said that the Maldives had not been listed as a country of concern in the latest annual human rights report from the Foreign and Commonwealth Office (FCO).

Responding to a question about the omission of the Maldives from the list, High Commissioner Rankin, speaking in his 16th official video message, said the country did not presently fit the criteria of a country of concern in terms of human rights violations.

“In considering which countries to specifically mention in the report, the FCO applies a number of criteria. [These include] looking at the gravity of the human rights situation in a country, the severity of any particular abuses and the range of human rights that might be affected,” he said. “Under those and other criteria, the Maldives was not listed. That’s not to say we don’t discuss human rights issues in our meeting to the Maldives government.”

Rankin said that the FCO has raised two key issues with President Dr Mohamed Waheed’s government in recent months.  Among these issues was the case of the 15 year-old girl sentenced to flogging by the Juvenile Court after she admitted to having “consensual sex” with an unidentified man during investigations into her alleged sexual abuse.

Rankin added that the FCO had pushed for “a change in the legal framework” in order to ensure the protection of children’s rights in the country.

Another area of concern raised with the current administration was the effectiveness of investigations into alleged police abuse in the aftermath of the controversial transfer of power on February 7, 2012, he said.

“We continue to raise issues mentioned in the Commission of National Inquiry (CNI) report, in particular the need for substantive results from the investigations into police brutality as called for in the report,” he explained.

Appeal

Responding to the high commissioner’s claims, President’s Office Media Secretary Masood Imad said that the minor’s case passed by the Juvenile Court had already been appealed, while talks concerning legal reforms were ongoing.

“We cannot go any faster on the matter than this, we don’t want to see any trouble like in the past,” he said. “We can’t just go and ask a judge not to [give sentences like this] anymore.”

Masood added that he was convinced reforms would be made and that talks were gradually being held by state authorities to this end, but recommended further inquiries be made to Gender Minister Azima Shukoor.

Shukoor was transferred to the Ministry of Gender, Family and Human Rights earlier this year on the back of two million people signing an Avaaz petition threatening a boycott of Maldives tourism unless the charges against the girl were dropped and the country’s legal framework was amended to prevent similar sentencing.

Shukoor was not responding to calls from Minivan News at time of press.

Masood meanwhile claimed that any questions concerning the UK FCO’s concerns over allegations of police abuse in the Maldives should be forwarded to the Police Integrity Commission (PIC).

“They are the ones doing investigations into this matter. I understand they have identified those who have abused these people,” he added.

Assault cases

The Prosecutor General’s Office (PGO) announced yesterday (May 6)  it was pressing charges against two police officers for allegedly assaulting Maldivian Democratic Party (MDP) MPs ‘Reeko’ Moosa Manik and Mariya Ahmed Didi on February 8, 2012, during a brutal police crackdown.

On that day, thousands of MDP supporters took to the streets after former President Mohamed Nasheed declared that his resignation the previous day was made “under duress” in a “coup d’etat” instigated by mutinying Special Operations (SO) police officers.

PIC President Abdulla Waheed’s phone was switched off at time of press.

In an official release published on December 9 last year, the PIC said 24 individual cases of alleged brutality had been reported to have taken place on during and in the immediate aftermath of the transfer of power.

The cases, said to be based on video footage, witness accounts and public requests for information, were all said at the time to be under investigation by the commission.

The PIC noted at the time that both a shortage of trained staff and “Inadequate cooperation” from alleged victims to provide evidence and witnesses had setback the investigation.

“Tip of the iceberg”

In an Amnesty International statement released last month, despite praising “considerable progress” made by the Maldives during the last few years in promoting and protecting civil rights,the NGO claimed “significant human rights challenges”needed to be addressed in the country.

The NGO has called on the government of President Dr Mohamed Waheed to end an alleged culture of “impunity for the arbitrary and abusive use of force by security forces against demonstrators” following the controversial transfer of power on February 7, 2012.

Amnesty’s South Asia Director Polly Truscott, speaking to Minivan News at the conclusion of a nine day visit to the country last month, claimed the controversial flogging sentence handed to the 15 year-old girl was just the “tip of the iceberg” in regards to wider issues over how sexual offence victims were treated in the country.

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High Court appeal of 15 year-old rape victim’s sentence begins

The High Court appeal case for a 15 year-old rape victim sentenced to flogging and house arrest after she was found guilty of fornication began today (April 29).

The 15 year-old was convicted of premarital sex at the Juvenile Court on February 26 and sentenced to 100 lashes and eight months of house arrest, after confessing to fornication with another man. The confession was made during a separate investigation which was launched following the discovery of a dead baby buried in the outdoor shower area of her home.

The High Court trial that began today (April 29) was not open to the public, as the presiding judge exercised the authority to exclude the public “where the interest of juveniles or the victims of a crime so require”, as stated in Article 42 of the Constitution, according to local media.

High Court media official Ameen Faisal told local media that the Human Rights Commission of Maldives (HRCM) had also intervened in the case.

The victim’s state-appointed attorney filed the appeal with the High Court on April 1.

At the time, former Attorney General Aishath Azima Shukoor told local media the case had to be appealed because the Juvenile Court had taken statements from the witnesses in violation of procedure.

Shukoor also said the Juvenile Court ruling was in violation of Islamic Sharia as it had not considered psychological reports produced to the court.

Additionally, the child’s defence claimed her testimony was taken in violation of constitution and the charges against her were filed in violation of criminal procedure.

Sources from the girl’s island of Feydhoo in Shaviyani Atoll previously told Minivan News that concerns had been raised by islanders since 2009 that the minor was allegedly the victim of sexual abuse not just by her stepfather, but an unidentified number of other men on the island.

In June 2012, the girl gave birth to a baby which was later 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.

Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect the 15 year-old girl.

Sentencing controversy

The 15-year-old’s case has brought international attention to the Maldives’ legal system, including the launch of an online Avaaz.org petition signed by over two million people that has threatened to put pressure the tourism industry. The sentencing of the minor has also come under high-profile public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

President Mohamed Waheed Hassan Manik’s government previously criticised the verdict, pledging earlier this year to review the use of flogging as a punishment for sexual offences – a practice it alleged in some cases actually serves to punish victims of rape and abuse.

Following the Juvenile Court’s ruling in February, Waheed stated on his official Twitter account: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”

However, the religious Adhaalath Party (AP) – which largely makes up the ranks of the Islamic Ministry and with which President Waheed’s Gaumee Ithiaad Party (GIP) entered into a coalition in March – endorsed the sentence.

“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,” read a statement from the party.

“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.

Inadequate child protection measures

A Maldivian children’s rights NGO recently criticised child protection measures currently in place as “inadequate”, while urging government authorities to incorporate several key human rights obligations into domestic law.

NGO Advocating the Rights of Children (ARC) told Minivan News earlier this month that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.

ARC claimed that provisions outlined in the CRC had not been fully adopted by the state into domestic legislation, thereby limiting the promotion and protection of child rights.

“The recent case of a 15-year old girl, whose rights were violated and abused by her stepfather is a clear example of how domestic judicial and legal mechanisms failed to address and rectify the violation over a substantial period of time, at different levels,” ARC said.

“This is a situation where an individual complaint to the UN Committee could hold the government accountable even if the ‘domestic remedial system’, including judicial and legal mechanisms, fail to address the issue of abuse.

“Ratifying this optional protocol will help protect the rights of children as it could help reduce the number of cases in the Maldives where a lack of legislation, clarity and commitment to international human rights law allow serious injustices to proliferate,” ARC added.

Meanwhile, neglect and abuse of children were reported to have increased to an “alarming level“, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment (April 7) that would transfer parental guardianship of children in cases of negligence.

Earlier this year, ARC called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims. The NGO also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

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