Tag: juvenile court

Hearing cancelled for 15 year-old girl facing fornication charges

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

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

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

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

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

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

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

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

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

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

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

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

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

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Juvenile Court acquits two suspects arrested over Ahusan Basheer murder

The Juvenile Court has today ruled that two minors charged in connection with the murder of 21-year-old Ahusan Basheer are innocent, claiming the state had failed to produce enough evidence to prove their guilt.

A Juvenile Court Spokesperson today told Minivan News that the state produced five witnesses to the court against the accused.

‘’The five of them said they were not sure if the two minors accused were there at the scene of the incident,’’ the spokesperson said.  According to the Juvenile Court, the two minors presented were identified as a male and a female, though further identification could not be given for legal reasons.

‘’The state attorney told the Juvenile Court that the statement made by the witnesses conflicted with the statement they had previously gave to the police,’’ the Juvenile Court spokesperson said.  The court added that no other forensic or digital evidence had been produced by the prosecution.

Ahusan Basheer was stabbed to death on March 17 near his house. Police at the time identified Ibrahim Shahum and Ibrahim Shimaz as the main suspects in its investigation.

Their cases are proceeding in the Criminal Court, which has yet to reach a verdict.

Other attacks

Prior to the attack on Basheer, another 21-year-old male called Abdul Muheeth was also killed in Male’ after being stabbed on February 19.

In addition to these murders, a 16-year-old boy named Mohamed Arham was also found dead with multiple stab wounds on May 30, while controversial blogger and journalist Hilath Rasheed made a miraculous recovery from an attack in which his throat was slit by as yet unidentified assailants.

This year alone, several more victims – including expatriates – have been brutally injured or killed in what are suspected to have been gang-related attacks.

The spate of stabbings and murders have provoked pressures from the public to impose stricter punishments to the perpetrators. Families of the victims have both in court and through public platforms called for justice and the death penalty to be implemented to curb the increasing gang violence.

Though the Islamic Sharia and the penal code states death penalty as a punishment, it has not been executed for decades. Death penalty sentences are traditionally changed to life imprisonment at behest of the president.

The government has meanwhile said it will not hesitate to implement death sentences if the parliament approves it.

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Supreme Court overrules Juvenile Court’s summoning of Speaker of Parliament

The Supreme Court on Thursday overruled a request by the Juvenile Court for Speaker of Parliament Abdulla Shahid to attend the court and answer questions regarding medical insurance for judges.

The Supreme Court noted that making arrangements with the relevant authorities to provide health insurance for judges and their dependents was part of the mandate of the Department of Judicial Administration.

“A Juvenile Court Judge has ordered me to his court today to respond to his queries regarding his health insurance approved by Parliament,” Speaker Shahid tweeted on Thursday.

Two hours later, Shahid revealed that the Supreme Court had “issued a writ of mandamus quashing the Juvenile Court Judge’s order stating Juvenile Court has exceeded its mandate.”

Article 39(a) of the Judges Act (Dhivehi) of 2010 states that health care for judges, their spouses, parents and children under the age of 18 must be provided by the state either in the Maldives or overseas under a medical scheme.

Local media reported last week that health insurance for judges and their dependents had not been provided since the introduction of the universal health insurance programme Aasandha in January 2012.

“We did not summon him. We just requested his presence for a discussion. Health insurance had not been provided to the judges of only [the Juvenile Court]. We have just taken the initiative in this matter,” a Juvenile Court official was quoted as saying.

However, the parliament secretariat informed the Juvenile Court that it could not summon the Speaker.

The Supreme Court writ of mandamus (Dhivehi) meanwhile revealed that the court asked Shahid to attend at 1:00pm on Thursday (November 22).

The order or request was made after not receiving a reply from the Speaker to a letter sent on November 4 requesting health insurance for Juvenile Court judges.

The letter had demanded a reply within a specified period, according to the Supreme Court writ.

The apex court determined that the summons or request to answer its queries was made “outside the legal responsibilities of the Juvenile Court.”

Former President Mohamed Nasheed meanwhile condemned the Juvenile Court’s attempt to summon the Speaker.

“I see the courts trying to establish judicial dictatorship. It’s got to stop,” Nasheed tweeted.

The Juvenile Court incident came during a week when two MPs from Speaker Shahid’s government-aligned Dhivehi Rayyithunge Party (DRP) were repeatedly summoned to court over longstanding unpaid debts to the Bank of Maldives.

DRP MP Ali Azim alleged political motivation behind the summons following a vote on Monday to conduct no-confidence motions through secret ballot.

Meanwhile, in March 2011, the Judicial Service Commission (JSC) moved the current Chief Judge of the Juvenile Court, Mohamed Naeem, from the Civil Court to the Juvenile Court as a disciplinary action for disregarding decisions of superior courts.

Then-Civil Court Judge Naeem had refused to hear cases involving the Attorney General’s Office before parliament approved the reappointment of then-Attorney General Dr Ahmed Ali Sawad.

Naeem’s decision defied precedents set by both the Civil Court and High Court, which ruled that the AG could represent the state at court before receiving parliamentary consent.

However, a few days later the JSC appointed Naeem as the chief judge of the Juvenile Court.

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Two minors sentenced to 16 years for smuggling illegal drugs

The Juvenile Court has sentenced a 16 year-old Maldivian boy and 16 year-old girl to 16 years imprisonment for smuggling 1.5 kilograms of cannabis into the Maldives.

November 30, 2009, customs officials at Male’ International Airport searched the luggage of a girl who just arrived to Male’ from Trivandrum with another woman.

The officials discovered the illegal substances wrapped in a new bed sheet inside her luggage. The girl surrendered the drugs to customs and told the officials that she had more hidden inside her body.

A total of 1.5 kilograms of cannabis were found with her according to the Juvenile Court.

The girl was then handed over to police who conducted a special operation to determine the intended recipient of the drugs, leaving the girl and the woman inside a guest house.

Police determined that the 16 year-old boy was the recipient when he came in to the guest house to receive the drugs from the girl, and arrested him.

The boy was charged in the Juvenile Court with assisting to smuggle illegal drugs into the country and possessing illegal drugs with the intention to distribute.

The substances obtained from the girl’s luggage and her body tested positive to THC – the active ingredient in cannabis – when police tested them. Three police officers told the court that the result of the test was valid.

Both the girl and the boy were prosecuted under the old Drug Act because the constitution states that the penalty of a crime should be determined by the law in existence at the time when the crime was committed.

According to the Juvenile Court, the woman was also arrested in connection with the case. Her trial is continuing in the Criminal Court.

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Juvenile Court acquits minor charged with murder of 65 year-old Hassan Abubakur

The Juvenile Court has ruled that there was not enough evidence submitted to the court to convict a minor charged with the murder of Hassan Abubakur, and has closed the case.

An official from the Juvenile Court today confirmed to Minivan News that the court has acquitted one minor charged with the murder of Abubakur.

‘’The case was based on a confession he [the minor] made during the police investigation. The state had not produced any witness or evidence after he denied the charges in the court,’’ the Juvenile Court official said. ‘’When the case was presented the DNA was also produced but it did not match with the boy.’’

Officials at the Juvenile Court have confirmed this to the local media as well. Hearings conducted at the Juvenile Court are closed for the public and the media as the court only presides over cases concerning minors.

According to newspaper ‘Haveeru’ there was no evidence against the minor except for his confession he made at the police while he was under investigation. But he later denied the charges at the court.

On May 30 this year, 65 year-old Hassan Abubakur was found murdered inside his own house at about 6:00pm that day on the island of Manafaru in Noonu Atoll.

In June police arrested two men and a minor in connection with the murder. The two men were aged 26 and 27 while the minor was 17.

In July the police concluded the investigation into the case and forwarded it to the Prosecutor General.

Head of Maafaru Island Health Centre Ali Shareef said according to rumours, the man had received a large amount of cash in a lump sum through the elderly persons’ pension scheme, as he had not received it for a long time.

The assailants may have killed him in an effort to steal the money, Shareef speculated at the time.

The elderly man’s legs were tied and a pillow was on his face when his body was found, Shareef said, according to islanders who witnessed the body.

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Juvenile Court extends detention of minors charged with Muheeth murder

The Juvenile Court extended the detention by 15 days of three minors charged with the murder of 20 year-old Abdul Muheeth, as one of the minor had not appointed a lawyer to respond to the murder charges pressed against him by the Prosecutor General.

A Juvenile Court official told local media that the three minors will have to provide detailed answers to the charges pressed against them in the next hearing, which will be held after 15 days.

Juvenile Court Spokesperson Zaeema Nasheed was unavailable for comment as she was attending the Juvenile Justice Program.

Three men have been charged in the same case, in addition to the minors.

Police identified the three men as Muhujath Ahmed Naseeh of Gahdhoo in Gaafu Dhaalu Atoll, Ali Mushaf of Maradhoo in Addu City and Mohamed Maimoon of Naifaru in Lhaviyani Atoll.

Abdul Muheeth of G. Veyru was rushed to Indira Gandhi Memorial Hospital (IGMH) after he was stabbed at 1:45am near the Finance Ministry building on February 19. He later died during treatment.

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

Police said Muheeth was not a member of any gangs and said he held a responsible job at the time he was stabbed to death.

The Juvenile court is also hearing a second murder case involving a girl and two boys under the age of 18, who are suspected to be involved in the murder of 21 year-old Ahusan Basheer.

Family members of Ahusan Basheer were recently summoned to the court to approve a possible death sentence verdict if the three minors were to be found guilty in the case.

Four of Basheer’s family members said they approved of death sentence. According to the Juvenile Court there were four additional family members who needed to tell the court their stance in order to decide whether death sentence should be passed if the suspects were found guilty.

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Family of Ahusan Basheer approve potential death sentence for two minors accused of murder

The family of 21 year-old Ahusan Basheer, who was stabbed to death on March 17, were yesterday summoned to the Juvenile Court to clarify whether they had any objections to the two minors charged with the murder being given the death sentence if found guilty.

The four family members summoned raised no objections.

A Juvenile Court official today told Minivan News that six hearings had so been held in the murder trial, in which two minors – a boy and a girl – have been accused of the murder.

The official said that the Prosecutor General had so far produced four witnesses to the court in the trial against the two minors.

The Juvenile Court said that Ahusan’s family members had been summoned to clarify whether they had any objections to a death sentence being passed against the minors, were they to be found guilty. They were not currently in Male’, he said.

According to the Maldives Penal Code, a person can be sentenced to death with the consent of all the heirs of the victim, however if even if one objects a death sentence cannot be given.

Police arrested Ibrahim Shahum, 20, as the main suspect in the murder, following his release by the Criminal Court. Shahum had been kept in detention for six months on suspicion of stabbing a 17 year-old to death on July 30, 2010.

Along with Shahum Adam another suspect identified by the police as Hassan Shimaz was also arrested.

No further details were given regarding the female suspect other than that she is being held in custody in connection with Ahusan’s murder.

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Juvenile Court sentences murderer to 16 years imprisonment, two months fasting

The Juvenile Court has ruled that Ibrahim Asheer ‘Atira’ of Gahdhoo in Gaafu Dhaalu Atoll is  guilty of murdering Shahudh Abdulla ‘Faudy’ on February 2, 2006.

Faudy was inside Cinamale’ flat area when a gang attacked him. He tried to flee but was hit in the head with a weapon believed to be an iron bar, fell to the ground and was beaten with iron bars and other weapons before the assailants left.

Shahudh died two days later on February 4. Asheer fled after police and an alliance of gang members began looking for him, but he was subsequently arrested.

The Juvenile Court ordered Asheer jailed for 16 years and six months and to fast for two months. He was also ordered to pay Rf133,333.33 in compensation.

Although the amount determined to compensate the family of the victim was Rf 100,000 (US$6500), it was increased in this case because the crime was committed during the holy month of Ramadan.

Asheer was obliged to pay the money to the Civil Court within a month’s duration.

Shahudh’s murder was notable at the time as murders were considered to be uncommon, and because it was a rare gang-related incident. There were no revenge attacks.

Every year a friendly ‘Baibala’ tournament, a traditional sport, is held in memorial to the death of Shahudh. The tournament is called the ‘Faudy Cup’.

Asheer was only 17 years old at the time of the murder. The death of Shahudh ended a long battle between his gang Shahudh and that of Asheer.

Since 2006 the use of sharp weapons such as knives have become more common in gang fights, resulting in more fatalities.

Mohamed Shuaib, of  Shady Cabin, was stabbed in the neck on August 12, 2008, the first incident in which a sharp object was used to attack someone in a gang-related fight.

One suspect was arrested in connection with the case, however the Criminal Court ruled that not enough evidence was submitted to prove that the accused was responsible for the crime.

On Sunday a group of men stabbed a man to death near the West Park restaurant in Male’. Ali Shifan of Fairy Corner in Maafannu Ward was pronounced dead on arrival at the hospital.

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Two minors arrested in connection with the murder of ‘sorcerer’ confess to accessory in court

Two minors arrested and charged with the murder of Ali Hassan ‘Ayyube’, 76 of Kudahuvadhoo in Haa Dhaalu pleaded guilty to accessory in court today.

Newspaper Haveeru reported that the two 16 year-olds were charged with spying on Hassan before the murder, and assisting the assailants to hide the weapons they used to murder Hassan.

Another 17 year old boy was also summoned to court today in connection with the case, and charged for involvement in murdering Hassan.

He told the court that he wishes to continue the trial with a lawyer and the judge granted his request.

Last Sunday the step-grandson of Hassan was summoned to the Criminal Court for his involvement in the case.

He told the court that Hassan was murdered because he was informed that Hassan killed the mother of Fauzan Mohamed, a main suspect in the murder, using sorcery.

Hassan’s step-grandson told the court that his part in the murder involved spying on his step-grandfather, and also admitted that he got a long sharp knife because Fauzan told him that he want to cut Hassan’s throat.

On January 8 this year, the body of 76 year-old Ali Hassan was discovered with multiple stab wounds in an abandoned home on Kudahuvadhoo.

On January 31, Police arrested six persons for their alleged involvement in the murder of Hassan.

After Hassan’s body was found on Kudahuvadhoo at about 8:00pm on January 8, a special team from the police’s Serious and Organised Crime Department were dispatched to the island the very same day.

The victim himself had previously been accused of using sorcery on a 37 year-old woman, who was reported missing at 2:00am on December 4, 2011 and whose body was found floating in Kudahuvadhoo lagoon later that morning.

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