Tag: rape victim

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.

Likes(0)Dislikes(0)

Comment: Maldivian leaders must act now to protect women, girls and the country’s reputation

In the last two weeks, nearly two million people across the world – including many people in the Maldives – have reacted in horror to the tragic story of a 15-year-old rape victim sentenced to be publicly flogged.

Sadly, this terrible case highlights a wider injustice: the yawning gap between the punishments applied to men and women in the Maldives.

A 2007 study by the Maldivian government’s own Ministry of Gender and Family showed that as many as one in three women between the ages of 15 and 49 have suffered either physical or sexual abuse. And fornication requires both a man and a woman, but 90% of those sentenced to flogging in the Maldives in 2011 were women.

How is this situation a reflection of justice, Islamic or any other kind?

It’s a good sign that the president has called on the attorney general to review the case of the 15-year-old girl, and that current laws and child protection mechanisms are being reviewed. But the citizens who signed this petition want to see further action: they want to know that other vulnerable women and girls in this country never have to go through such an ordeal. As we know, this is not the first time an incident like this has occurred: a similar sentence was handed out to a 14-year old during the last government.

This is why the petition calls for a moratorium on flogging and better laws to protect women and girls. It does so not to challenge the principles of Islamic law – in fact many people from across the Muslim world, including Indonesia, Pakistan, Turkey and Egypt have signed it, many of whom are practicing Muslims themselves and do not see flogging as ingrained in sharia law. This petition is not anti-Islamic justice: it’s pro-justice, particularly justice for women.

Contrary to some reports, the petition is also not an attack on the Maldivian people. Far from it. We stand in solidarity with the many Maldivians who are very concerned about this case, and the campaign urges the country’s leaders to act quickly to rescue the Maldives’ image, before this tragic case does any more damage to the vital tourist trade.

Around the world people are interested (and have a right to know) what kind of systems they’re supporting with their tourism dollars, and to make their holiday decisions accordingly. Richard Branson, head of Virgin Holidays groups and Virgin Airways, has warned of “enormous damage” to the country’s reputation unless serious action is taken.

Much of the media coverage has focused on a threatened “tourism boycott” – but we have never called for a full boycott of the important tourist trade and we’re engaging with the government right now to get action. What we do stand ready to do, however, is to inform tourists about what action is and isn’t being taken by the Maldives government to resolve this issue and change the law, and to identify those MPs and resort owners who are using their influence to push for positive change – and those who are not.

Furthermore, this petition is not aligned with any particular political party or faction in the Maldives. Avaaz is a 20 million strong global organisation that has campaigned for justice across the world on issues of the environment, human rights and conflict. One our most successful campaigns last year was to get countries to back Palestine’s bid for UN statehood – in the face of powerful, well-financed opposition from Israel and the United States.

There are countries that have poorer records when it comes to defending women’s rights, but when extreme cases spark the global public conscience it is crucial to call for respect for basic human rights whether it is the US, India or the Maldives. And this is just one of many battles for women’s rights Avaaz members have fought globally. In Afghanistan and Somalia, we’ve helped protect young women who bravely spoke out about horrific rapes by security forces; across the world, from India to the United States, we’ve lobbied for real action to counter the growing ‘rape trade’ in trafficked women and girls. This petition is part of that wider cause; to address flagrant injustices against women worldwide, and to build a better world for our mothers, sisters, daughters and wives.

Nearly a million tourists visit the Maldives every year because this country is known as a peaceful, romantic paradise. Now, double that number have signed this petition and that reputation is in jeopardy. But it’s not too late to rescue it. The Maldives is on a journey of democratic improvement. We want to support that journey.

Right now, it’s in the hands of the President and the People’s Majlis to protect Maldivian women – not only by ensuring this sentence is quickly overturned and this girl freed, but by speaking out against flogging now, and ensuring a bill that ends flogging and upholds girls and women’s right is tabled in parliament.

The fate of Maldivian women and girls, and the country’s progress and reputation, lies in their hands.

Ricken Patel is the executive director of Avaaz.org

This letter was first offered to Haveeru, SunOnline and Channel News Maldives, all of which declined the invitation to publish it.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

Likes(0)Dislikes(0)

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.

Likes(0)Dislikes(0)

Tourism Ministry to use commercials and street performances to attract Chinese tourists

The Ministry of Tourism, Arts and Culture has revealed new plans to promote the Maldives to Chinese tourists through commercials showcasing the country’s culture.

The announcement follows a succession of international campaigns that threaten to damage the reputation of the Maldives’ tourism industry, both in China and traditional European markets.

Earlier in March, calls for a tourism boycott of the Maldives exploded across Chinese social media networks after allegations of discrimination against Chinese guests became widely circulated.

The tourism industry suffered another potential blow last week, when the online petition website Avaaz.org received over one million signatures in protest of the sentencing of a 15 year-old rape victim to 100 lashes for the offence of fornication.

In response to the negative press, Deputy Tourism Minister Mohamed Maleeh Jamaal told local media on Tuesday (March 26), that the ministry is currently preparing a number of activities to promote the country to the Chinese market.

According to the Maleeh, the ministry is preparing two commercial segments to be aired on Chinese national broadcaster, CCTV.

“The programs will show Maldives tourism, culture, traditional talents such as boat construction, and other themes that display the beauty of Maldivian culture and so on, Maldives resorts and their natural beauty, underwater footage, it’ll be excellent for the channel,” Maleeh was quoted as saying in SunOnline.

In addition to the commercials, the deputy tourism minister revealed that plans are currently underway to stage street performances in four different cities in China.

Maleeh claimed that the programs will work to the country’s advantage and will significantly promote Maldives tourism in China.

“Street performances are to be played in four different cities, and we will be meeting with at least 2000 agents, and even if we can attract about 20 news reporters from each city, it is large number, it will have a large effect on tourism,” Maleeh was quoted as saying.

According to Maleeh, the ministry has initiated a number of new efforts in order counter the widespread negative publicity circulating against tourism in the Maldives.

Tourism Minister Ahmed Adheeb and Deputy Tourism Minister Mohamed Maleeh Jamaal were not responding to calls from Minivan News at time of press.

Campaigns will damage both tourism and economy: Maleeh

On Sunday (March 24), Maleeh told local media that recent campaigns calling for tourists to boycott the Maldives would damage both tourism and the country as a whole.

Maleeh claimed the petition launched by Avaaz calling for the Maldives government to end the practice of flogging was really an attempt by the opposition to damage the country’s economy for political gain.

The petition, which has been signed by more than 1.2 million people, was launched after the Juvenile Court sentenced a 15 year-old rape victim to 100 lashes for a separate crime of fornication.

“When they started the campaign, they were clearly aware of the president’s stand, as well the attorney general’s stand on the matter,” Maleeh said, according to SunOnline.

“Looking back, a 14 year-old was given the same sentence during former President Nasheed’s presidency and nobody seemed to have talked about that. This whole deed is an attempt to defame the country’s tourism industry and [damage the] economy,” he said.

Cup noodle discrimination

Earlier this month, dismissed Chinese employees of the Beach House Iruveli resort – formerly Waldorf Astoria – posted allegations on the Chinese forum Tianya that guests from the country were receiving inferior treatment to Europeans, despite paying the same prices.

The staff alleged that this discrimination extended to removing kettles from the rooms of Chinese guests, to prevent them from making instant noodles in their rooms and thereby forcing them into the resort’s restaurants.

The resort has since denied the claims, stating that it had “removed damaged kettles from rooms as part of routine maintenance due to the fact that these kettles were damaged by guests by cooking food.”

Likes(0)Dislikes(0)