Tag: ICCPR

Waheed government submits bill to facilitate death penalty

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

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

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

A meeting of the cabinet yesterday strongly condemned last week’s murder of MP Dr Afrasheem Ali and urged President Dr Mohamed Waheed Hassan to start taking immediate measures to ensure safety and security in the country.

President’s Office spokesman Masood Imad said that the government had received a large number of calls for implementing the death penalty.

“We are having enormous pressure since these high profile murders,” he said. “We have indications – the talk around the town – that there will be more murders.”

The Maldivian Democratic Party (MDP) has this week proposed a no-confidence motion against the home minister, citing the unprecedented instances of murder and assault in the country since he assumed office in February.

Afrasheem’s murder was the 10th in the small country this year, sparking much debate on the death penalty.

Following the murder of high profile lawyer Ahmed Najeeb on July 1, two people were sentenced to death after Najeeb’s heirs opted for qisas (equal retaliation) rather than blood money.

Public outcry over Najeeb’s murder prompted Chief Justice Ahmed Faiz to declare that full enforcement of the courts’ rulings is necessary to maintain the effectiveness of the judiciary.

A case was submitted to the High Court in August, requesting that it annul the President’s ability to commute death sentences to 25 years imprisonment, provided in the Clemency Act.

Similarly, in April Ahmed Mahloof – parliamentary group member from the government-aligned Progressive Party of the Maldives (PPM) – proposed an amendment to the Clemency Act to ensure that the enforcement of the death penalty be mandatory in the event it was upheld by the Supreme Court.

In a comment piece written for Haveeru following Najeeb’s murder, however, Special Advisor to the President Dr Hassan Saeed warned that implementing the death penalty could be both arbitrary and prohibitively expensive.

Judiciary and human rights

The last execution in the Maldives came in 1953 when Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

Since that time, the Maldives has retained the practice of the death penalty for murder although Islamic Shariah tenets also give the courts the power to pronounce capital punishment for offences such as sodomy, fornication, apostasy and other crimes against the community.

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

Jameel said that there was to be no re-consideration of the Clemency Act but that “necessary reform to legislation governing the criminal justice system will be undertaken by the government.”

Concerns over the judiciary were confirmed in the Commission of National Inquiry (CNI) report which investigated the events surrounding the resignation of former President Mohamed Nasheed in February.

The final report recommended that immediate steps be taken to improve the performance of the judiciary.

“The judiciary must enjoy public confidence and where there are allegations about judges’ conduct, the Judicial Services Commission must act in a timely and definitive way and report,” read the report.

Aishath Velezinee, formerly Nasheed’s appointee to the Judicial Services Commission (JSC), has said that corruption and an unreformed judiciary were the primary causes of crime in the country.

“Islam upholds justice, and not only has death penalty; it has very clear qualifications for judges too. Neither MP Mahloof, nor any of the Sheikhs, has expressed alarm that the judges are far below standard and some of them are convicted criminals themselves. This is pure politics and abuse of Islam,” she told Minivan News in a previous interview.

In July, the UN Human Rights Council (UNHRC) said it was “deeply concerned about the state of the judiciary in the Maldives,” as well as calling for the abolition of the death penalty, in order to ensure the Maldives’ compliance with International Covenant on Civil and Political Rights (ICCPR).

After speaking with a Maldivian delegation headed by Jameel, the council released a statement saying that the state had acknowledged both that the independence of the judiciary was severely compromised and that the death penalty did not deter crime.

Today marks World Day Against the Death Penalty – organised by an alliance of more than 135 NGOs, bar associations, local authorities and unions seeking the universal abolition of capital punishment.

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Maldives “needs radical changes”: UN Human Rights Committee

The UN Human Rights Committee (UNHRC) has recommended “radical changes” to Maldivian law to ensure compliance with the International Covenant on Civil and Political Rights (ICCPR). These changes include the abolition of the death penalty, compensation for “systematic and systemic torture,” withdrawal of reservations to the ICCPR’s Article 18 regarding freedom of religion and belief, and reforming the country’s judiciary.

Following a “Incendiary” session focused on the state of human rights in the Maldives on July 12 and 13, the committee published a preliminary statement calling on the Maldives to “be serious about bringing itself into compliance with all aspects” of the ICCPR as a “critical step” to respect and protect human rights of all the people in the Maldives.

The Human Rights Committee will make a final report at the end of its session on July 27.

The Maldivian delegation to the UNHRC was headed by Home Minister Dr Mohamed Jameel, a former Justice Minister during the 30 year rule of President Maumoon Abdul Gayoom and co-author of a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’, published in January 2012.

Dr Jameel was accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam.

Article 18

The UNHRC raised concern over the state’s reservation to Article 18 regarding freedom of religion and belief, claiming the reservation “implicates a host of intertwining social, political, and cultural issues” which will not be resolved until the state agrees to withdraw this reservation.

During the committee session, Dunya had said the Maldives did not plan to withdraw the reservation to Article 18 as the Maldives Constitution stipulated that rights and freedoms be interpreted according to Islamic Sharia.

However, the statement noted that allowing Islamic tenets of the Constitution to definitively supersede the human rights enshrined in the ICCPR “will mean a continued lack of protection for the human rights of the people of the Maldives.”

The Maldives delegation had stressed that the country was a homogeneous society and spoke one language and followed one religion, adding there was therefore no debate in Maldivian society regarding the removal of the provision relating to freedom of religion.

“This is not dogmatic government policy or preference, but rather a reflection of the deep societal belief that the Maldives always has been and always should be a 100 percent Muslim nation. Laws, like government, should be based on the will of the people,” Dunya said.

“Systematic and systemic torture”

Incidents of torture in the Maldives “appear systematic and systemic,” the UNHRC statement noted, and expressed “grave concern” about the low number of cases that have undergone investigation.

The committee has urged the Maldives to set up an independent Commission of Inquiry to conduct criminal investigations and ensure compensation for all victims of torture.

The panel also drew on a report submitted by anti-torture NGO REDRESS, containing testimonies of 28 victims of torture while in state custody.

“Forms of torture and ill-treatment included the use of suspension, lengthy use of stocks, being beaten with fists and bars, kicked, blindfolded, handcuffed, the dislocation of joints and breaking of bones, being forced to roll and squat on sharp coral, being drowned or forced into the sea, being put in a water tank, being burned, having bright lights shone in eyes, being left outside for days while tied or handcuffed to a tree, being covered in sugar water or leaves to attract ants and goats, and in one case being tied to a crocodile’s cage. Sexual assault and humiliation was also routinely used. Many testimonies suggest the only limit to the torture and ill-treatment imposed was the imagination of those whose control they were under,” a UNHRC panel member read at last week’s session.

“Surely this is something that refers to before 2008,” the panel member stated, “but the [present government] has a responsibility to pursue and investigate and bring to justice if these [allegations] are indeed correct. If there is an atmosphere of impunity regarding torture, I would offer that the present situation would not be treated differently by those who would want to violate the office they have, and abuse those under their care, or those going peacefully about their business.”

In response, Jameel said any citizen could bring their grievances before the judiciary and said any question of compensation could jeopardize the Maldives’ state budget.

Death Penalty

The UNHRC has asked the Maldivian state to enact legislation to officially abolish the death penalty. “The state itself has admitted that capital punishment does not deter crime,” the statement noted.

Jameel himself has previously stated the government was prepared to implement the death penalty following the murder of lawyer Ahmed Najeeb. Attorney General Aishath Azima Shakoor and the Chief Justice Ahmed Faiz have publicly endorsed their support for implementing capital punishment to deter increasing crime rates.

However, Jameel told the UNHRC no official government discussion existed on the matter.

“This year alone we have had seven murders in a country of 350,000. The country is really struggling to address this surge of crime. It is in the light of these occurrences that this debate has occurred. There is no official government discussion, but there are scattered debates across every section of society,” Jameel said.

Judiciary Reform

The committee is “deeply concerned about the state of the judiciary in the Maldives,” the statement noted.

“The state has admitted that this body’s independence is seriously compromised.  The Committee has said the judiciary is desperately in need of more serious training, and higher standards of qualification,” the statement read.

The Supreme Court in particular needed “radical readjustment,” the committee said.

“As 6 of 7 Supreme Court judges are experts in Sharia law and nothing more, this court in particular is in need of radical readjustment.  This must be done to guarantee just trials, and fair judgments for the people of Maldives.”

A panel member during the UNHRC session also noted the “troubling role of the judiciary at the center” of the controversial transfer of power on February 7.

“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” he observed.

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