Tag: juvenile court

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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Minor arrested in connection with Dr Afrasheem’s case sentenced for misleading investigation

The Juvenile Court has sentenced a minor arrested in connection with Dr Afrasheem Ali’s murder to eight months imprisonment after the court found him guilty of misleading the police investigation.

According to local newspapers, the court ruling was based on witness statement and the minor’s confession.

However no media outlet has yet been able to get details regarding the hearings inside the Juvenile Court, which were closed to the public and media. The court ruling was issued yesterday.

The trial of Hussain Humam and Ali Shan, two other men charged with the murder of Dr Afrasheem Ali, continues in the Criminal Court.

MP Afrasheem was stabbed to death on the night of October 1 2012, by the staircase of his home. Two suspects were arrested in connection with the case including Humam and a suspect identified as Ali Shan of Henveiru Hikost.

A Maldives National Defense Force (MNDF) officer and Abdulla ‘Jaa’ Javid – son-in-law of opposition Maldivian Democratic Party (MDP) Chairperson ‘Reeko’ Moosa Manik – were also detained by police over alleged involvement in the case. Both were later released by the courts.

Javid spent 45 days in detention in connection to the Afrasheem murder, after which time at the time his lawyer argued his continued detention was unconstitutional given there was no evidence to support keeping him in custody.

In December last year the MDP accused the police of attempting to pin Afrasheem’s murder on its members, instead of going after those guilty of the crime.

Police Commissioner Abdullah Riyaz has previously stated the child “deliberately misled” police by providing false information during their investigation into Afrasheem’s murder. The minor was the “lookout” during the stabbing and subsequent murder of the moderate Islamic scholar.

In accordance with the Penal Code, any person who gives false testimony can be given a jail sentence of up to a year, face two years of banishment, or receive a maximum fine of MVR 1,000 (US$65).

Minors can be given only two-thirds of any given sentence, according to juvenile crime regulations.

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Sentencing children to death is alarming: Amnesty International

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

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

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

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

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

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

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

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

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

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

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

Death penalty controversy

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

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

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

In December 2012, the Attorney General’s Office completed drafting a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

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

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

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

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

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

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

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

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

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

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

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

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

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

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

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

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

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

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

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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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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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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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Minor arrested in connection with Dr Afrasheem’s murder charged with giving false statement

The state has pressed charges against a minor arrested in connection with the murder of Dr Afrasheem Ali, who was murdered in October last year.

The state told the court the minor had given a false statement to police when he was summoned to police during the investigation of Dr Afrasheem’s murder, and that the minor had also given false statement to the Juvenile Court.

The minor told the court that he would respond to the charges in the presence a lawyer during the next hearing, according to local media.

Spokesperson for the Juvenile Court Zaeema Nasheed did not respond to Minivan News at time of press.

Dr Afrasheem was a well-known religious scholar and the MP for Ungoofaaru constituency. He was stabbed to death on the night of October 1, on the staircase of his home.

Two men were arrested as main suspects involved in the case. The two suspects were identified by police as Hussein Humam of Henveiru Lobby and Ali Shan and of Henveiru Hikost.

The trial of Humam is currently ongoing in the Criminal Court, while Shan’s case has yet to start.

A Maldives National Defense Force (MNDF) officer and Abdulla ‘Jaa’ Javid – son-in-law of opposition Maldivian Democratic Party (MDP) Chairperson ‘Reeko’ Moosa Manik – were also previously detained by police over their alleged involvement in the case.  Both were later released by the court.

Commissioner of Police Abdulla Riyaz has previously alleged that the murder of the MP was “well planned”and worth MVR 4 million (US$260,000).

In his last words, aired on the show, Afrasheem said he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was quoted in local media as saying that the Islamic Ministry had not forced Afrasheem to offer a public apology for anything during his last television appearance ,and disputed that there was any religious motivation in the death of the moderate scholar.

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Trial against minor for “consensual sexual relations” to continue this week

The case of a 15 year-old minor charged for having “consensual sexual relations” is to continue in the Juvenile Court on Wednesday (January 30), despite the Prosecutor General (PG’s) Office confirming it is reviewing its decision to prosecute the minor.

A Juvenile Court Spokesperson confirmed to Minivan News that the case was expected to continue this week despite calls during the previous hearing on Wednesday (January 23) from the PG’s Office for the case to be delayed pending review.

The filing of criminal charges against the 15 year-old girl – identified as a victim of alleged sexual abuse in a separate criminal case – has been slammed as an “absolute outrage” by international NGO Amnesty International.

The government of President Dr Mohamed Waheed Hassan Manik this month pledged to hold meetings with relevant authorities in the country to amend laws it contended – in certain cases – were punishing sexual abuse victims as if they were criminals.

Calls for delayed trial

Juvenile Court Spokesperson Zaima Nasheed told Minivan News today that during a previous hearing of the case on January  23, the PG’s Office had called for the trial to be delayed. The request, which was made 10 minutes before the hearing had commenced, was not able to be granted by the court at the time, according to Zaima.

“As the court does not have a procedure to cancel and delay hearings without a probable reason, the hearing went ahead,” she said.

Zaima added that the state attorney requested the judge to cancel the hearing against the minor as there was another case going on in the Criminal Court that was related to trial.

“The state attorney told the judge that a male suspect charged in connection with the case [against the minor] was being tried in the Criminal Court for sexually abusing the 15 year-old and being a person in a position of  trust,” she said.

“The state attorney told the court the PG needs to review the case and see if there is any reason the girl should not be charged for fornication.’’

Zaima claimed that the presiding judge had requested the state during the previous hearing send a written letter to the court before 3:00pm the same day requesting for cancellation of the hearing.

“As the Juvenile Court presides over cases related to minors, the court is required to conclude all cases as soon as we can. The court therefore always schedules a next hearing as soon as the previous one concludes,’’ she said.

According to Zaima, the PG had not yet requested the case to be withdrawn.

The PG’s Office confirmed to Minivan News that the decision to press charges against the 15 year-old girl was being reviewed, though no further details could be given until a decision had been made.

The President’s Office announced earlier this month that a review of legislation outlining the treatment of victims of sexual abuse was ongoing following international coverage of the PG’s decision to press charges against the 15 year-old girl.

In a case unrelated to the charges against the minor, the girl’s stepfather was also facing criminal charges for alleged sexual abuse after authorities last year discovered a new born baby buried in the outdoor shower area of a home on the island of Feydhoo.

In light of the cases, President’s Office Media Secretary Masood Imad pledged that discussions had this month been scheduled with authorities including the Islamic and Human Rights Ministry to review the treatment of minors and adults who had been sexually abused. According to Masood, the pledge has been made on the back of a number of similar cases where young women were perceived to have been victimised and punished by authorities.

“If needs be we will come out with legislation where victims [of sexual abuse] are treated as victims,” he said. “It’s incredible that sometimes these victims are actually being seen as perpetrators [of crime] under the law.”

Masood added that the government would be making further announcements on its future plans to address these concerns once it had held talks with ministerial and legislative authorities.

The President’s Office was not responding to calls at time of press.

NGO criticism

The filing of criminal charges of “consensual sexual relations” against the 15 year-old girl were slammed this month by NGO Amnesty International.

The NGO’s Maldives Researcher Abbas Faiz stressed at the time that suspected victims of rape and sexual abuse required counselling and support rather than facing prosecution.

Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal has previously told Minivan News that he was hugely concerned about the number of reports of sexual abuse against minors in the country.

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