Tag: fornication

Maldives faces “significant” human rights challenges, despite “considerable progress”: Amnesty International

Amnesty International has announced that “significant human rights challenges” need to be addressed following a nine day visit to the Maldives, where it met with senior government figures and civil society organisations.

In a statement released Thursday (April 25), Amnesty International said that despite the country making “considerable progress” during the last few years in promoting and protecting civil rights, it retained concerns over issues like freedom of expression and wider accountability in the criminal justice system.

The findings were made as part of initial observations by Amnesty’s South Asia Director Polly Truscott and the NGO’s South Asia Researcher Abbas Faiz following a visit to the country between April 16 to April 24 this year.

Speaking to Minivan News at the conclusion of her visit this week, Truscott detailed some of the key human rights challenges facing the country.  Among her observations was the controversial flogging sentence handed to a 15 year-old girl over charges of ‘fornication’, which she believed to be just the “tip of the iceberg” in regards to wider issues over how sexual offence victims were treated in the country.

The current government has already appealed the flogging sentence, while also pledging to move ahead with wider legal reforms concerning the possibility of reviewing the use of flogging as a punishment.

“On a positive note, Amnesty International welcomes the efforts now made by Maldivian authorities, in particular the President of the Maldives, to strengthen measures to ensure that any child who has been sexually abused receives protection, not punishment,” the NGO’s statement read.

“These include a review of all cases of children who have been investigated for ‘fornication,’ that is, sex outside marriage. Under international human rights law no one who either engages in consensual sexual activity or who is a victim of sexual assault, should be criminalised or punished, regardless of their age.”

Amnesty said it also held concerns over a lack of “effective investigations” into several high-profile attacks on media personnel, as well as the murder of MP Dr Afrasheem Ali.

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 International said its calls regarding allegations of “excessive force” by police were in line with recommendations included in the Commonwealth-backed Commission of National Inquiry (CNI) released last year.

The full Amnesty International statement can be read here.

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Defence lawyer of minor sentenced to flogging appeals case in High Court

The defence lawyer for a 15 year-old rape victim who was sentenced to flogging after the Juvenile Court found her guilty of fornication, has appealed the case at the High Court today.

Attorney General Aishath Aziam Shukoor told local media today (April 1) that the case had to be appealed because the Juvenile Court had taken statements from the witnesses in violation of procedure.

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

The 15 year-old child was now under the charge of the ‘Kudakudhinge Hiya’ orphanage on Villingili, she revealed.

President Mohamed Waheed’s government has previously criticised the verdict, pledging in January 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.

Sources from the girl’s island of Feydhoo in Shaviyani Atoll told Minivan News previously 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.

The case has brought international attention to the country’s legal system, including the launch of an online Avaaz.org petition signed by 1.7 million people that threatens to boycott Maldivian tourism, as well as public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

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.

On February 26, 2013, the 15-year-old was convicted of premarital sex at the Juvenile Court and sentenced to 100 lashes and eight months of house arrest, after confessing to fornication with another man during the investigation.

President Waheed’s  stated on his official Twitter account at the time: “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) last week entered into a coalition – has 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.

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Maldives minister slams “dubious” motives behind Avaaz boycott campaign

Deputy Tourism Minister Mohamed Maleeh Jamal has slammed what he calls the “dubious” motivations behind an Avaaz.org petition calling for tourists to boycott the Maldives in protest over the sentencing of a 15 year-old rape victim to flogging, alleging the campaign is “politically motivated”.

While accepting a need for “capacity building” in parliament and other institutions, Maleeh said tourism had been a key driver in ensuring national development and democratic reforms for the last 40 years, granting the industry “sacred” importance in the Maldives.

“People should not be doing anything to damage the industry. In Switzerland, you would not see a campaign designed to damage Swiss chocolate. Likewise you would not see a German campaign to damage their automobile industry,” he said.

The comments were made as over 1.7 million people worldwide have signed a petition on the Avaaz site aiming to target the “reputation” of the Maldives tourism industry and encourage the dropping of charges against the 15 year-old rape victim, as well as wider legal reforms to prevent similar cases.

The girl was sentenced on charges of fornication after confessing to having consensual sex with an unknown man during investigations into her alleged abuse by her stepfather. The girl is also alleged to have been abused by a number of unidentified men on her island dating back to 2009, according to sources on the local council.

The government of President Dr Mohamed Waheed has pledged to appeal the sentence given to the minor by the country’s Juvenile Court, while also reviewing local laws to enact potential reforms of the use of flogging. No time-line for such reforms has yet been set beyond the commitment to hold talks.

Democratic path

In an interview with Minivan News today, Deputy Minister Maleeh argued that over the last 40 years, the tourism industry has been an intrinsic part of not only relieving poverty nationally, but also driving the country’s democratic transition process – leading eventually to elections in 2008.

Presidential elections are now scheduled for later this year in a highly-polarised political environment that follows a controversial transfer of power in February 2012 that saw President Waheed come to power following a mutiny by sections of the police and military.

Former President Mohamed Nasheed and his opposition Maldivian Democratic Party (MDP) have alleged that his government was ousted in a “coup d’etat”.  Nasheed has maintained these claims despite the findings of a Commonwealth-backed Commission of National Inquiry (CNI).

“Chaos and anarchy”

Considering the present political landscape, Maleeh claimed Avaaz.org had been deliberately “misinformed” in a politically motivated attempt to destabilise the government and tourism industry through negative media headlines.

“By misinformed, I mean that I don’t think they have taken the government’s stand into account, the president has already spoke on the issue , as has the attorney general,” he said. “I think that in time, Avaaz will be informed of this and will even be our partners.”

Maleeh criticised the intentions behind the campaign, alleging the petition was being used for political gain, rather than focusing on the welfare of the 15 year-old girl at the centre of the sexual abuse allegations.

“I would say the motivation [behind the campaign] is dubious. The problem ultimately needs to be addressed by the judiciary and parliament, not the tourism ministry,” he said. “We are in the middle of a successful democratic transition. Killing the most important industry in the country will not give way for reforms, but chaos and anarchy.”

Maleeh claimed that when accounting for the economic significance and societal benefits of tourism to the Maldives, the industry was very fragile.

He added that the tourism industry has ensured continued national developments in “the right direction” that had helped to alleviate general poverty and improve the quality of life in the country. Maleeh pointed to the availability of consumer goods such as like branded coffees and other foods and produce as an example of the quality of life.

Maleeh added it had been tourism that helped drive democratic developments in the nation, with international parties encouraging former president Maumoon Abdul Gayoom, who served as the country’s autocratic leader for 30 years, to undertake a path towards democratic reforms.

“In the last 40 years [since the introduction of tourism]. we have listened to groups like the World Bank and the United Nations World Tourism Organization (UNWTO),” he said.

Pointing specifically to reforms that had brought a new constitution to the Maldives in 2008, Maleeh said that rather than seeking a damaging boycott, international partners like the EU, the US and Australia had in the past engaged in dialogue instead.

“We have western-educated people here. We know there are issues in parliament and with capacity building that needs to happen. But we cannot be compared to a Middle Eastern country for example,” he said. “ We are a successful transitional democracy.”

“Concerted effort”

Maleeh said that after facing the impact of negative international and domestic headlines following the controversial transfer of power last year, the country had undertaken a “concerted effort” to promote the Maldives.

“Negative news needs to be minimised as I believe that tourism should be sacred here in the Maldives. In recent years, the democratic system has helped tourism, so we encourage openness and are not afraid of media.  What we want to see is correct information being out there. There needs to be more accountability with stories proven with facts,” he said.

“As far as the tourism ministry is concerned we don’t discriminate against any media. It is only those channels who call to boycott [the industry] that we would hesitate to speak to.”

The government last year agreed a US$250,000 (MVR 3.8million) advertising deal to promote the country’s tourism industry on the BBC through sponsorship of its weather services, as well as signing a £93,000 per month (US$150,000) contract with public relations group Ruder Finn to try and improve the country’s image internationally.

For the coming year, Maleeh added that the Maldives was again seeking similar support from private groups to engage in high-profile marketing efforts with media organisations like CNN and the BBC to try and push the Maldives unique selling points – namely “sun, sea, sand and spa”.

He added that with the expected introduction of new high-profile hotel chains to the country’s resort industry, including Louis Vuitton Moët Hennessy (LVMH), there was strong potential for positive international headlines in the media.

With a reduced promotional budget available for the coming year, Maleeh added that regardless of the allegiance of the next government, consistency needed to be seen in the country’s promotional budget to better plan future campaigns.

Accepting the potential budgetary challenges ahead, Maleeh said he believed that the Maldives tourism industry had become adept at promoting itself even with limitations, pointing to the growing importance of social media services like Twitter and Facebook to destination marketing – especially in terms of photo sharing.

“The Maldives stands at an advantage in that no one can take a bad picture here,” he said.

Addendum: Avaaz Executive Director Ricken Patel sought to justify the organisation’s petition in a subsequent comment piece published in Minivan News.

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Amputation for theft added to draft penal code

The draft penal code bill has been amended to include punishments as prescribed in the Quran, such as amputation for theft.

The new article added during a parliamentary committee meeting Thursday (March 28) states that if someone convicted of a crime requires legal punishment, as specified in the penal code, that person will face punishment as stated in the Quran.

MP Imthiyaz Fahmy clarified the amendment to the draft penal code is about hadd punishments only and “not at all” about all Sharia offences, speaking with Minivan News today.

“Hadd offenses are already crimes in the draft penal code. However the prescribed punishments in Sharia for those particular crimes are not codified in the draft penal code, but instead they are left up to the interpretation of Sharia,” stated Fahmy.

“But to completely evade making a reference to hadd punishments or to mention that no hadd punishment at all should be imposed is impossible to the the fact that Sharia shall be one of the basis of all the laws of the Maldives,” he added.

Criminal punishments are detailed for murder, fornication, thievery and drinking alcohol.

The committee’s chairperson, MP Ahmed Hamza, told Sun Online the new draft penal code will require amputating persons convicted of theft, while a person convicted of apostasy (renouncing Islam) will also face punishment.

The bill does not include apostasy as a crime, therefore someone found guilty of this offense cannot be subjected to Quranic punishment, committee member MP Ahmed Mohamed clarified.

Gambling is also not criminalised, according to committee member MP Abdul Azeez Jamaal Aboobakuru. He told local media that the bill does not “state a manner in which such crimes can be convicted”.

Fahmy explained that Sharia law does not prescribe a hadd punishment for gambling.

The penal code draft bill does include factors that must be considered before convicting a person of murder; for example, any contradictory evidence would prevent such a conviction.

Imposing the death penalty cannot be subject only to the confession of the accused.

“Sharia does not run headlong into death penalties, amputation or stoning to death. Therefore depending on the circumstances, Sharia may avoid capital punishments,” said Fahmy.

He further clarified that Sharia punishments may be interpreted according to any of the schools of Sunni Muslims.

While interpretation of Sharia law punishments are within the purview of Maldivian judges, Fahmy believes that the current judicial system is incapable of providing Maldivian people justice, even with the new penal code.

“I do not believe the judiciary and the criminal justice system in the Maldives is capable of doing justice or able to take care of the new penal code. The judiciary is unable to ‘keep up with the Jonses’,” Fahmy stated.

The parliamentary committee’s additions to the bill follow its rejection of all but one amendment suggested by the Fiqh Academy of the Maldives.

Speaking to local media on Monday (March 25), Hamza said the committee had decided to accept only a suggestion concerning the offence of theft. Other amendments, he said, were merely changes to the wordings of the bill and carried little legal weight.

“They have submitted amendments to abolish certain sections. These include certain legal defences. When we looked into removing those defences, we found this impacted fundamental principles embedded to the draft penal code. So we decided to reject their suggestions,” he stated.

Following the decision, Vice President of the Fiqh Academy Sheikh Iyas Abdul Latheef told local newspaper Haveeru that the academy had informed parliament that current draft penal code should not be enforced in the country.

“The current draft does not include the Hadds established under Islamic Sharia. There is no mention of the death penalty for murder, the punishment of stoning for fornication, the punishment of amputation for theft and the punishment for apostasy. We proposed amendments to include these punishments,” Latheef stated.

Comments submitted by the United Nation agencies in the Maldives, Human Rights Commission of the Maldives (HRCM), and Attorney General are being considered and incorporated into the draft text.

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 bill.

The bill was first sent to the Majlis (parliament) in 2006 and will replace the 1961 penal code.

The penal code bill is being forwarded to the parliament floor this upcoming week, according to local media.

False preaching regarding rape and fornication

The parliamentary committee slammed the “false preaching” of the Chair of Adhaalath Party’s Scholars Council Sheikh Ilyas Hussain over the bill earlier this week.

Sheikh Ilyas declared that the new penal code does not recognise fornication with mutual consent as an offence.

MP Nazim Rashaad contended that whether sheikh or not, nobody could misinterpret the clause and claim that the bill did not recognise “mutually consented sexual intercourse” as an offence, and accused the Sheikh of lying to discredit the bill and parliament.

Briefing committee members on the sections concerning sexual offenses, Rashaad stated that under the draft penal code, both fornication and rape are offences under section 411 of the draft bill.

The existing penal code does not explicitly recognise “rape” as a crime, and cases are handled under provisions for sexual offences.

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Attorney general appeals 15 year-old girl’s flogging sentence as authorities contemplate legal reforms

Attorney General (AG) Azima Shukoor has appealed a court decision to sentence a 15 year-old girl alleged to be the victim of multiple cases of sexual abuse to 100 lashes on charges of fornication, the government confirmed today.

The Juvenile Court sentenced the girl after she confessed to authorities of having consensual sex with an unknown man during investigations into a separate case of abuse against the minor.  The abuse was alleged to have been carried out by her stepfather.

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

Sources on Feydhoo in Shaviyani Atoll, where the 15 year-old girl originates from, last week told Minivan News that concerns had been raised by islanders since 2009 that the minor had allegedly been the victim of sexual abuse not just by her stepfather, but by a number of other unidentified men on the island.

The case has brought international attention to the country’s legal system, including the launch of an online Avaaz.org petition signed by 1.3 million people that threatens to boycott Maldivian tourism, as well as public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

In a statement posted on his website yesterday (March 26), Branson spoke of the “enormous damage” he believed the verdict was causing the country. As a result, Branson said he had written to President Waheed, who in turn claimed he had pledged to review the case through a ministerial committee.

“The attorney general has now appealed the case on behalf of the child,” Branson wrote.

Speaking to Minivan News today, President’s Office Spokesperson Masood Imad confirmed that the attorney general had now appealed the court’s ruling, but that he was still waiting on the exact details from the AG’s Office. Massod added that further details would be provided on the appeal later this week.

He was also unable to confirm if a time-line had yet been established for consultations between various state bodies to oversee any proposed reforms to the legal system.

Legal reform

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 has previously noted that the Maldives had a tradition of turning away from practices such as the death sentence and corporal punishment that form part of Sharia law.

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.

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.

Avoiding prosecution

A senior legal expert with experience of working under both the present and former governments has told Minivan News that that while the Maldives Constitution requires that laws in the country do not contradict Islamic Sharia, there were ways of avoiding prosecuting suspects on charges of fornication.

“There are many Islamic legal interpretations that place several conditions to fulfill before a prosecution on fornication be brought forward. Some scholars even go further and argue that hudood offences cannot be practiced in the legal justice systems at the current time,” claimed the legal source, who spoke on condition of anonymity.

“Their argument is that Islamic Sharia is a way of life and you cannot pick and choose which areas you need to implement. Basically, you cannot implement Islamic criminal justice system in its original form when Islamic commercial system or Islamic governance is not observed.”

Addressing the wider issues of how minors were identified and viewed in the eyes of Maldivian law, the legal source added that the culpability of children was identified in a regulation called ‘Kuda kudhin kuraa kushuge masala thah balai, thahugeegu koh, insaafu koh, adhabu dhinumugai amalu kuraane gothuge gavaidu’

The legal source said that the culpability of minors is specifically dealt with in section five of the regulations.

“According to section five, children above the age of 10 and below the age of 15 are criminally responsible for five offences, which are apostasy, treason, fornication, falsely accusing fornication and consumption of alcohol,” the source said.

“Children above 15 years are criminally responsible for their actions. With children who are below 10, parents are required to make good any damage because of a criminal act. There is no criminal liability for below 10.”

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali had his phone switched off at time of press.

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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.

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Government appoints attorney general as acting human rights minister

Attorney General (AG) Azima Shukoor has been appointed as Acting Minister of Gender, Family and Human Rights, the President’s Office has announced.

Shukoor’s appointment comes at a time when the government has committed itself to review laws it has previously claimed discriminate against – and in some cases criminalise –  women and minors believed to be the victims of sexual abuse.

President’s Office Media Secretary Masood Imad declined to speculate on the reason for reappointing the role of acting gender minister, stating only that there was “not much time” and limited resources at the government’s disposal to “get its house in order”.

Masood told Minivan News last month that the Maldives had experienced a number of similar criminal 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.

The Gender Ministry and the Ministry of Islamic Affairs were among the state bodies requested to be part of any potential review, Masood has previously claimed.

Such commitments were made as authorities come under intense scrutiny from local and international civil society organisations following global media coverage of the trial and conviction of a 15 year-old girl on the island of Feydhoo in Shaviyani Atoll for fornication.

In a separate criminal case, the same 15 year-old girl has been identified as a victim of child abuse after giving birth to a baby later discovered last year 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.

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

Previous ministers

The acting gender minister position has previously been filled by Minister of Environment and Energy Dr Mariyam Shakeela.

Dr Shakeela was appointed as acting minister on November 21 last year as a replacement for Dhiyana Saeed, who was dismissed from the role for acting in a manner the President’s Office has previously said was not suited for a minister.

Dhiyana had strongly criticised President Dr Mohamed Waheed Hassan Manik and his government over the arrest of her husband, Kaashidhoo MP Abdullah Jabir, who was arrested under suspicion of drinking alcohol.

Jabir re-joined the opposition Maldivian Democratic Party (MDP) following the arrest.

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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.

“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,” said the President’s Office in a statement.

“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.

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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.

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