Tag: minor

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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Man sentenced to 14 years imprisonment for sexually abusing a minor

A man convicted of the sexual abuse of a 15-year-old girl has been sentenced to 14 years imprisonment by the Criminal Court.

An official from Criminal Court told local media that Afrah Hussain of Maavaidhoo in Haa Dhaalu Atoll was sentenced following witness testimonies proving he had been involved in sexual activities with a minor in Hulhumale’ on May 30, 2011.

Local media reported that the state had also pressed charges against Afrah Hussain for owning pornographic material.

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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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15 year-old rape victim deserves flogging for separate crime of fornication: Adhaalath Party

Additional reporting by JJ Robinson

The religious Adhaalath Party (AP) has declared that the 15 year-old rape victim who was recently sentenced to 100 lashes and eight months of house arrest “deserves the punishment”, as this is the penalty for fornication under Islamic Sharia.

The party, members of which largely dominate the Maldives’ Ministry of Islamic Affairs, stated that the sentence of flogging had not been passed against the for being sexually abused by her stepfather, but rather for the consensual sex to which she had confessed to having on another occasion.

“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.

“No one has the right to criticise any penalties specified in Islam,” the party added.

Quoting verses from the Quran, the statement 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 like this 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.”

“Furthermore, Allah has decreed that expressing disapproval of issues such as this contradicts with faith in Islam,” the statement continued, quoting more verses from the Quran.

“Allah has also commanded that we show no kindness when implementing these penalties.”

The party also stated that it was saddened by the physical and psychological abuse the girl had suffered at the hands of her parents, calling the state authorities to ensure they were given the punishments they were due as detailed in Islamic Sharia.

“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.

Flogging amounts to degrading punishment or torture: UN

United Nations has expressed concern over the case of the 15 year-old being sentenced to flogging.

“The child is allegedly a victim of long-standing sexual abuse. Under international legal human rights obligations of Maldives, corporal punishment, including flogging, amounts to cruel, inhuman or degrading punishment or even to torture,” read a statement issued by the UN in the Maldives.

“ The approach to sexual abuse which has been adopted in numerous international human rights frameworks is that governments should implement prevention, prosecution of perpetrators, and protection measures to ensure that sexual abuse does not occur. Where it has occurred, governments should put in place measures for rescue, rehabilitation, and reintegration of victims.”

US “deeply disturbed”

The US Embassy in Colombo said it was “deeply disturbed” by the recent ruling, noting that the minor was “also a victim of rape”.

“We call upon the Maldivian government to recognise that she must be protected rather than punished by authorities. We welcome President Waheed’s statement that his government “will push for a review” of the decision. We urge the Maldivian judiciary to immediately drop all charges against the girl and for the Majlis to enact legislation that protects women and minors who have suffered sexual abuse.

“Promoting gender equality and advancing the status of all women and girls around the world remains one of the greatest unmet challenges of our time, and one that is vital in all countries to ensure full democratic rights, regardless of culture,” the Embassy stated.

President “saddened”

President Mohamed Waheed, who has previously insisted on the executive’s inability to interfere in judicial matters, stated on his official Twitter account yesterday: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”

The government is currently pushing for re-election to the UN Human Rights Council and launched its campaign in Geneva today (February 28), spearheaded by State Minister of Foreign Affairs Dunya Maumoon, daughter of former 30 year autocratic ruler Maumoon Abdul Gayoom.

In a statement today, the Foreign Ministry said the Maldives had prioritised its term in the Council “by focusing on women and children’s rights and the rights of persons with disability, had been a vocal campaigner for the prevention of torture, and brought the issue of the right of all to live in a safe and clean environment to the forefront of the Council’s debate.”

In a second statement later today, the Foreign Ministry expressed “deep concern by the prosecution and the Juvenile Court’s sentence to flog a 15 year-old girl on the charges of pre-marital sex.”

“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. 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 Ministry stated.

“The Juvenile Court’s verdict has brought home the critical and severe need to review existing mechanisms, especially legal framework, available for protecting the rights of the children in the Maldives. The government calls on all stakeholders to view cases of child abuse and child-sexual abuse through a human rights lens and to base each case on the best interest of the child.

“In view of the urgent attention required for protecting the rights of the children, the government has established a Committee to review the existing child protection mechanisms, particularly the legal mechanism, in view of the universally accepted norms and principles, and recommend to the state areas that require urgent changes,” the Ministry said.

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MDP ‘Hoara’ Ibbe’s sexual assault trial scheduled next month

The trial against senior Maldivian Democratic Party (MDP) activist and former Undersecretary of the President’s Office, Ibrahim Rasheed ‘Hoara Ibbe’, has been scheduled for next month.

Rasheed stands accused of sexually abusing a 17 year-old girl in December 2012.

The Criminal Court stated that the Prosecutor General had filed the case in the court on February 19.

The Criminal Court told the media that Rasheed was charged under article [c] of the Special Measure for Perpetrators of Child Sex Abuse Act of 2009, which states that perpetrators of child sex abuse can be sentenced up to 14 years.

Ibrahim Rasheed is a well-known politician and a senior figure within the opposition MDP who  also served in the President’s Office under the former government of Mohamed Nasheed.

Rasheed was arrested on December 6, 2012, after being discovered in a house in Galolhu Ward of Male’ with a seventeen year-old girl.

The local media at the time quoted police as saying that when officers entered the room containing Rasheed, he was naked with the girl.

However, police later declined to confirm these reports.

In January 6, 2013, the Criminal Court placed Rasheed under house arrest, after keeping him in pretrial detention for a month.

According to Maldivian law, any person under 18 years of age is considered a minor.

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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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Government schedules talks over reforming sexual abuse laws

The Maldivian government has said it remains committed to legislative reforms regarding the treatment of minors and other victims of sexual offences in the country.

President’s Office Media Secretary Masood Imad told Minivan News the government had scheduled meetings next week with the both the environment and Islamic ministries to amend local laws that he contended, in certain cases, punished sexual abuse victims as if they were criminals.

The government last week announced it was looking to review legislation in the country in line with relevant authorities amidst international media coverage of a decision by the Prosecutor General (PG’s) Office to press charges against 15 year-old girl for having “consensual sexual relations”.

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

Judicial authorities told Minivan News earlier this month that the charges against the 15 year-old were yet to be filed with the Juvenile Court at the time.

Director of the Department of Judicial Administration Ahmed Maajid was not responding to calls today.

Victimisation

After pledging last week to review laws on the back of a number of similar cases where young women had been victimised and punished by authorities – Masood claimed that discussions would be held next week on the treatment of minors and adults who had been sexually abused.

“If needs be we will come out with legislation were 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 scheduled for next week with ministerial and legislative authorities.

Acting Minister of Gender, Family and Human rights Dr Mariyam Shakeela, Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed and Attorney General Azima Shukoor were 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 as an “absolute outrage” by NGO Amnesty International.

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

Meanwhile, Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal told Minivan News at the time Amnesty’s statement was released that he was hugely concerned about the number of reports of sexual abuse against minors in the country.

Fornication offence

Back in September 2012, a 16 year-old girl was sentenced to house arrest and 100 lashes for fornication with a 29 year-old man.

Permanent Magistrate of Hulhudhuhfaaru in Raa Atoll, Magistrate Abdul Samad Abdulla, sentenced the girl to eight months house arrest, and public flogging once she reaches the age of 18.

Ali Rashid, an official of the Hulhudhuhfaaru Magistrate Court,referred Minivan News to Article 25 of the act detailing special actions to be taken in cases of sexual offences against children (Act number: 12/2009).

Article 25 says: “Unless proven otherwise, it cannot be considered that a child between ages 13-18 had given consent to committing a sexual act. And unless proven otherwise, it will be considered that the sexual act was committed without the child’s consent.”

In November 2011, UN High Commissioner for Human Rights Navi Pillay, speaking in parliament, raised concerns about the issue of flogging in the Maldives.

Pillay said at the time: “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.”

Her statements and calls for discussion on the issue were met with outrage from then political opposition and religious conservative Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry, under the former government of Mohamed Nasheed, dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

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Six women and four men arrested with alcohol, police and army uniforms

Police last night raided a house called Peach Melba in Henveiru ward, and arrested six women, four men and a minor, whose gender was not disclosed, after police discovered alcohol and police and army uniforms inside the residence.

According to a statement by police, officers raided the house in response to information reported to police, and arrested people inside the house.

Police officers discovered two bottles containing suspected alcohol, one empty alcohol bottle and glasses that were allegedly used to consume alcohol, police said.

A piece of cellophane containing suspected narcotics was also discovered after  police searched a cigarette packet on the shoe rack inside the room.

Furthermore, police said some police and army uniforms were also found inside, although the residence was not home to anyone employed in the police or Maldives National Defence Force (MNDF).

According to local media, police found police Special Operations (SO) combat uniforms and both MNDF combat and normal uniforms.

Police have not identified the 10 arrested, but said they were aged between 19 and 37 while the minor arrested was 16 years-old, according to police.

The police Drug Enforcement Department (DED) is further investigating the case.

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Participaton key focus of provocative National Gallery exhibition

Societal challenges in addressing the prevalence of child abuse within the Maldives was the central theme of a one-day contemporary art exhibition held at the National Art Gallery in Male’ on Saturday.

Ismail Asif, who coordinated the exhibition along with a number of fellow local artists, said each installation aimed to focus on fears of how “common” child abuse had become within the Maldives, partly as a result of an unwillingness to discuss and tackle the matter within society.

“[The exhibition] is about trying to break taboos, it really is a challenge to discuss these matters.  The system has so many flaws we wanted to depict; these are flaws within the education system, the judicial system and wider society,” he said.

Despite the difficult subject matter, organisers claimed that after three weeks of work, the exhibition, which ran from 4:00pm to 6:00pm, aimed to encourage participation from members of the public to try and encourage discussion about child abuse.

Asif talked about the exhibition’s wider themes, without trying to play down the provocative nature of the installations.

“We very much wanted to focus on participation, normally when it comes to trying to address child abuse as an issue, people will just have a poster or banners they can look at concerning the problem.  We wanted to try and give more a sense of looking through the eyes of the victims,” he said.

The exhibition itself combined installations involving a sculpture of a female figure holding up a toilet, depicting what Asif claimed was the discrepancy between national perceptions of the  traditional status of local women and their treatment within real life.

Among perhaps the more outré installations on display at the yesterday’s exhibition was a specially-constructed walkway that required members of the public upon entry to pass through a small passageway with artificial hands attached to either side of the exhibit.

Asif said that the exhibit was used to open the event to try and reflect themes concerning harassment of vulnerable young people.

Scale of the problem

In recent years, local authorities and NGOs have released a number of findings trying to detail the extent of child abuse and wider sexual assaults within society.

The state-run Indira Gandhi Memorial Hospital’s (IGMH’s) Family Protection Unit reported in 2010 that the centre was notified of 42 cases of rape between 2005-2010. Most of these cases were found to involve minors.

According to the Human Rights Commission of the Maldives, 13 rape cases were reported last year alone, the majority of which most were gang rapes or assaults involving minors.

Almost one in seven children of secondary school age in the Maldives have been sexually abused at some time in their lives, according to an unpublished 2009 study on violence against minors.

Rates of sexual abuse for girls are almost twice as high than for boys at 20 percent – one in five girls have been sexually abused – while the figure for boys was 11 percent. Girls are particularly at risk in the capital Male’, the report found.

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