Tag: sexual abuse

Comment: What law is lacking that children are punished by the system?

Hawwa (not her real name), is a 15-year-old girl from the Maldivian island of Feydhoo in Shaviyani Atoll said to have confessed to fornication.

On 26 February 2013, the Maldives Juvenile Court ruled she was to be punished by a 100 lashes. It was a ruling that once again raised concern among children’s rights actors at the national and international level.

Some segments of the public reacted to the sentence with unease. Perhaps this is what made Attorney General Azima Shakoor, at long last, wake up to the gravity of the case. When she finally spoke it was to explain, in purple prose, the difference between black and white. She expounded at great depth on the narrow chances parents stand of preventing their children from becoming the prey of paedophiles. She attempted to explain in detail how nascent, how fragile, some of the laws still were in the new Maldivian criminal justice system.

But, consider this. Article 35 (a) of the Constitution demands that family, society and State provide children with ‘special assistance and special protection’. Then there is the Protection of Children’s Rights Act (Law No. 9/91), and the Special Policy Governing Conduct Towards Child Sex Abusers Act (Law No. 12/2009). My question is this: given the existence of these instruments of law, can the decision to pursue Hawwa in the courts – and the subsequent determination of the Maldives Police Service, the Prosecutor General’s Office and the Juvenile Court to have her punished – be explained as arising from a legislative black hole? Or was it a failure of the various institutions to give her the required special assistance and protection to Hawwa, regardless of existing legal mechanisms?

The long arm of the law

Islamic Shari’a forms the basis of the Maldivian Constitution and its laws. I do not want to elaborate here on what Shari’a has to say on the protection of children. It is true, Article 10(b) of the Constitution states that Maldivian laws and regulations must be compatible with Shari’a. Why must this, however, mean that our inevitable first reaction to a child offender is the thought of punishment? If it were left to me, my first port of call would be the laws we already have – Shari’a-compliant as required by the Constitution. And I would see that for a child to offend, society must first create the conditions for it.

Innumerable circumstances arise in which the purity and innocence can be taken away from the child. So, even if the child has committed an offence – given the rights of children assured in the Constitution and other laws – what harm is there in pausing to think: is punishment called for at all?

1. Article 35(a) of the Constitution

Even a cursory reading of this Article makes it unequivocally clear there is no shirking the responsibility of protecting children and keeping them safe. Is there any better way to express in one short sentence the religious responsibility that we all bear to maintain the purity with which a child is born for as long as she lives? Who should be punished first for the offence a child commits? The family, society, and/or the State that created the conditions in which the child had to offend? Or the child?

2. Protection of Children’s Rights Act (Law No. 9/91)

The purpose of the law is clear from its name itself. More importantly, it lays out and explains in more detail ways in which children can be afforded the assistance and protection assured by Article 35 (a) of the Constitution, and it reminds once again, through another legal mechanism, that these are responsibilities family, society and State must bear.

When we look at Section 9 of this law, it refers to a very common term ‘mukallafs’ [Official English translation takes the word to mean ‘juvenile delinquents’]. However, the law does not define what a “mukallaf” [juvenile delinquent] is, calling for much contemplation. What does it really mean to be a “mukallaf”? Because, if the child is a “mukallaf”, no matter how young he or she may be, it is not necessary that he or she be given the opportunity for reform. My attempts to pin down the intended meaning of “mukallaf” led me to understand it as a term referring to any post-puberty Muslim with the ability to tell right from wrong.

This creates new questions more than it answers existing ones. Do children offend in full knowledge of what is right and wrong? Did her parents and teachers overcome their cultural reluctance to talk about such ‘embarrassing’ matters and explain to her the seriousness of the crime of fornication with all that it entails? It is parents and teachers who teach children the difference between right and wrong, this much I know. I have noticed that there isn’t much embarrassment when parents watch dramas like Kasauti together with their children. Very often, children are given full Internet access with no parental control and supervision. Why then do we fail to consider those who were negligent in their responsibilities towards the child? Why do we rush to use whatever law possible to punish the child rather than to assist and protect them?

Without a doubt, by the time Hawwa knew to think about life she was already a victim of sexual abuse, and that too, from within her family. Her mother could not protect her. The islanders could not do much. And the State institutions failed to do a single thing to protect her from the abuse being recurred. When abuse against Hawwa was reported and the accused denied the allegations, there was nobody to check if the abuse recurred. But when she admitted in the court that she knew having sex without marriage is a crime, the Judge did not even bother to ask her when she came to find that out. Maybe she thought she had committed an offence after police began a criminal investigation against her. Or maybe she agreed to have sex with someone who left her with no choice but to agree. Maybe her defence lawyer failed to speak up for her in the court. Or maybe the defence lawyer is a clueless imbecile.

3. Special Policy Governing Conduct Towards Child Sex Abusers Act (Law No. 12/2009)

There are seven important purposes to the law, all of which are directly or indirectly related to stopping Maldivian children from becoming victims of sexual abuse and to provide adequate protection and compensation to those children who do become such victims. Thus, the law defines several sexual offences and lays out strict punishments for each offence. Part 3 of this law provides for the circumstances where a child of certain ages may not consent to having sexual activities.

The law also outlines how a child sex offender must be treated and limits certain constitutional rights accorded to them. Part 5 of the law allows Maldives Police Service and the Prosecutor General to arrest and extend the detention of those accused of sexual offences against children. It also makes it incumbent upon state institutions to establish a state register that help identify child sex offenders and monitor their movements as well as to make information regarding known child sex offenders easily available to the public. Moreover, the law also makes it explicit the level of proof needed to establish sexual offences against children in a court of law and outlines what judges need to consider in deciding such a case.

Despite the existence of such a detailed law, I believe the only thing that Maldives Police Service – the lead investigator – saw [in Hawwa’s case] was the offence of fornication. This shouldn’t be surprising; after all, it is the child that they first questioned, not the suspect. If we look at Maldivian history, we see decades spent living in fear and intimidation from the government. Until recently, the words ‘police’ or ‘military’ were enough to drive an adult to soil himself. I can’t even begin to imagine what it must be like for a child victim of sex abuse.

What I am certain of is that if a suspect is questioned, and he or she immediately denies culpability, the questioning must stop. Perhaps some think that the ‘right to silence’ is assured in the Constitution as a joke; but that child, shaking with fear, must have been recalling and recounting to the police all of those horrific events, one by one.

The poor child has no chance to exercise her “right to remain silence” because I am certain that the child is questioned to find out who committed such heinous crimes against her. Think about it – how much pain are we inflicting on this child during this process? And, from all the talking that she did, maybe the only thing the police heard was the child saying, ‘I had sexual relations with someone’. But whatever it is, what we know for certain is that they sent her file to the Prosecutor General, to have her charged with the crime of fornication.

Perhaps, police couldn’t find a clause in that Law No. 12/2009 to use finding the person (or persons) who made her a victim of sexual abuse (which is the actual purpose of the law). Was what she told the police not of any assistance in identifying her abuser? Was even Part 5 of Law No. 12/2009 useless to the police?

4. Penal Code

If the offending child is under 16, and the offence falls under Hadd crimes, Section 7 of the Penal Code makes it impossible for the judge to exercise discretion and lessen the required sentence. This is a law that takes absolutely no account of the child’s right to special protection and safety. And we always see that child offenders are mostly prosecuted under this 40 year old Penal Code!

What is most striking is the failure to realise that the Section 7 of the Penal Code contradicts most of the Law No. 9/91 and some sections of the Law No. 12/2009. The prominent lawyers, the members of parliament elected by people as our legislators, and the various government institutions – they all failed to acknowledge and act on this fact. Instead, ignoring the true spirit in which child protection laws have been formulated, the institutions rush to punish children.

Institutional Negligence

Section 9 of Law No. 9/91 makes it incumbent upon the State to have a separate juvenile justice system to investigate, judge and punish child offenders. How good has the State been at fulfilling this responsibility? If I speak on this subject, many mouths will open in defence of the institutions. My every sentence will be backed up with some jargon. It happens often enough, and, indeed, that is what I want – to provoke them into saying what they want so that we can judge what weight those words really carry.

What I know is that a majority of serious offences involving children so far have been committed and continued to be committed over a long period of time. Yes, if a case is reported, investigators arrive at the scene and gather information. But is that enough? I disagree, and so would a large number of people. Let’s look at why.

1. Institutions responsible for protecting children’s rights

There is always a dedicated government institute for protecting the rights of the child. Its name changes often, but, I would like to believe, its purpose remains constant – fulfilling the government’s obligation to protect and assist children as stipulated in the Law No. 9/91.

What we continue to witness, though, is its incompetence. What it talks foremost is of the lack of funds. Of course, I accept that in the last year or two, budget shortfalls may have required suspending some projects. But how long has it been since these people were appointed, given air-conditioned offices and the wages so children’s rights can be protected? Why bring up the issue of funds whenever there is an individual case to be looked into? Listening to these excuses and forgetting about the future of their children at the expense of sympathising with them – this is not what Maldivians need.

It is normal for child abuse and negligence cases to drag on, dragging the child along with it. We know from the child protection institutions themselves that this is a regular occurrence in a number of the hundreds of small Maldivian islands. But, apart from celebrating the annual international Children’s Day or some other occasion, or holding some sort of a workshop, we rarely see these institutions in action.

Now that every island has more councillors than they know what to do with, and every administrative atoll has been given a council office and wages, why in the world aren’t child protection institutions working more closely with them to increase people’s awareness on child protection issues? Surely it doesn’t cost too much to run an information campaign that familiarises people with the legal mechanisms available against child sex offenders? Nor would it put intolerable pressure on available resources towards understanding the factors that contribute to the continuing reluctance among people to report such matters.

2. Investigative sector

The Family and Children Service Centre (as it is called now and under the Ministry of Gender, Family and Human Rights) and the Maldives Police Service are the main agencies involved in the investigative stages of child related offences. Depending on the type of case, the Human Rights Commission of the Maldives (HRCM) may also become involved. The Maldives Police Service has a dedicated unit with specialist investigators to deal with crimes involving children. But clearly, these institutions lack the capacity for identifying those who neglect or abuse children in various ways.

Even if the police have been given enough information by island councillor or others in the community, all it takes is for the suspect to deny involvement for the police to release them, unsure of what to do next. The next thing you hear is that police have sent a fornication file against the child to the Prosecutor General. When it comes to some cases, police proudly declare assistance being sought from the FBI or any other fancy international investigative or intelligence agency in locating a suspect. Why is such assistance not deemed necessary when trying to find someone accused of robbing a child of her purity and innocence and is prowling society to seek out other child prey? Is the protection of the rights of children and ensuring their safety not important for the Maldives Police Service, just the same?

3. Responsibilities of the Prosecutor General and the Attorney General

The Maldives Government enacted the Prosecutor General’s Act (Law No. 9/2008) on 2 September 2008 to streamline and strengthen the criminal justice system as required by the new Constitution. Furthermore, Article 133 (g) of the Constitution gives Attorney General the authority to determine the State’s main criminal prosecutions policy and to inform the Prosecutor General of it. Article 220(c) of the Constitution, meanwhile, states that the Prosecutor General should follow the Attorney General’s stated policies in executing his responsibilities. The required ‘Main Prosecution Policies in Criminal Offences’ was issued by the Attorney General on 9 September 2008.

This Prosecution Policy is comprised of twelve main policies and, from the outset, warns against drawing juvenile offenders into the criminal justice system. I would particularly like to draw your attention to the following two clauses in the Prosecution Policy:

Policy 10
Cases of sexual misconduct and fornication involving children are to be handled in a manner to avoid criminal convictions to the victims of such offences, and prosecution of such cases must be conducted, after due diligence is exercised to ensure that they are not subject to the criminal justice system.

Policy 11
Prosecution of offences of sexual misconduct and fornication involving children, causing physical harm on children, raping of children, forced sexual misconduct on children are to be after due diligence is exercised to ensure adequate protection can be provided to the victim of those offences.

I don’t want to elaborate on the two clauses above; their meaning is explicit. Just as clear is the requirement that the prosecutor general follow the Attorney General’s prosecution policy. But, with not a thought spared to the above policies, even in cases where children have been sexually abused, what the Prosecutor General hastens to do is seek the court’s permission to inflict 100 lashes on the child. She had no protection from the sexual emotional abuse she continued to suffer from the age of 11.

And, while the Prosecutor General continues to blatantly flout the Attorney General’s policies, the Attorney General continues to repeat the claim that there is neither law nor criminal procedures to deal with the matter properly. She bemoans the weaknesses of evidence law or some other law and wholly ignores the violation of the laws and policies that do exist.

The courts

Maldivian courts are no stranger to fornication cases involving children. Statistics show that even in 2011 alone 10 such cases against children under 18 years of age were filed in the courts. These are cases that can also be lodged under Section 7 of Law No. 12/2009.

But, I find it most concerning that children are being found guilty of fornication in cases filed for the purpose of prosecuting someone for forcing the child into a sexual act. These cases are being filed in the courts using an antiquated Penal Code.

In the application of criminal procedures such as level of proof required, there is no differentiation between a fornication case against a child victim of sexual abuse and a murderer. What sort of a criminal justice system is this? Passing a sentence based only on what she may have said in court, without taking into consideration the special assistance and protection the child is legally entitled to, is, in my opinion, invalidating not just the relevant laws but also the Constitution.

In conclusion

If we look at the progress of Hawwa’s case alone through the criminal justice system, it is obvious that things have sunk so low due to the negligence and failure of all those – institutions and individuals – responsible for the protection and safety of children at all levels.

Without a doubt, this case will spark all varieties of debate about how much or little safety and protection Maldivian children are being accorded in their own home country. What I do not accept is the argument that children are not being protected as much as they deserve because we lack the laws to do so. What I believe is that we, the parents, the society and the state institutions, have failed to protect children despite having the necessary legal mechanisms in our possession.

We must hasten to take the necessary steps to stop such negligence, and to protect our children, our future. Instead of a culture of punishing children, we must establish and maintain one that holds to account those who are negligent in providing children with the education, the upbringing and the protection they rightfully deserve.

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]

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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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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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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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Advocacy group requests government “not delay” reform of child sex abuse laws

A child rights NGO has called on the Maldivian government to pass needed legislation concerning the treatment of sexual abuse victims, on the back of several high-profile court cases involving minors.

The Advocating the Rights of Children (ARC) NGO told Minivan News it was concerned about a lack of legislation in the country to protect victims of abuse. The NGO has 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.

The comments were made as the government reiterated a pledge over the last month to review and amend laws on sexual abuse that it has claimed, in certain cases, treat sexual abuse victims as perpetrators.

A spokesperson for the President’s Office confirmed Thursday (February 7) that authorities would be holding a one day seminar with the Islamic and gender ministries over the next two weeks on legal reform over concern at cases such as a 15 year-old girl being charged for fornication.

Acting Minister of Gender, Family and Human rights Dr Mariyam Shakeela was not responding to calls from Minivan News at time of press.

Civil society concern

Addressing these commitments by the state, a spokesperson for ARC said it hoped the government would not delay in fulfilling its “pledge to try and review sexual abuse laws with regard to how victims are treated.”

“In addition, we also believe that further steps need to be taken to such a review. [These include] reviewing and strengthening the current institutions and existing services,” the NGO spokesperson said.

ARC has also called for reforms of the juvenile justice system and reform of the current protection mechanisms provided to minors who are kept in state run institutions, such as homes and foster programs.

A spokesperson for the NGO claimed such reviews would be vital to help ensure the protection measures are “gender sensitive, non-intimidating and safeguard children’s access to justice.”

“We concerned that the government budget for 2013 saw a huge decrease in the area of social protection, which will strongly impact work in this field,” the spokesperson added.

Legislative support

ARC identified a lack of specific legislation protecting rights for children and adults – despite the Special Measures Act 2009.

The spokesperson for ARC said a lack of a comprehensive laws on child’s rights, coupled with a general reluctance by witnesses and professional to testify in court, highlighted wider challenges affecting reforms to abuse cases.

“ARC believes that in the event that a need for testifying in a court of law is required, every person should make this a moral obligation/duty to give their full cooperation to the authorities/courts,” the spokesperson said.

According to the NGO, another important challenge urgently needing to be addressed was a perceived disparity between how child abuse cases were being investigated in the capital Male’ compared to the country’s outer atolls – particularly in regards to the use of evidence and psychological support.

In cases where the police or judiciary were dealing with minors, ARC said more training was needed to ensure children were being dealt with sensitively during investigations or trials.

“It is imperative that if the child has to be taken for questioning to a court or by police officers, it has to be ensured that the surroundings are child friendly and that all officials dealing with the child have received adequate training and experience to sensitively deal with children,” said the NGO spokesperson.

ARC said it hoped the government would provide greater room for civil society to play a role in shaping future legislation, adding that NGOs themselves needed to show greater cooperation on key issues.

“While it is encouraging that more civil society groups are being active on social issues such as this, there needs to be a stronger collaborative mechanism between them, particularly in efforts to raise awareness,” the NGO spokesperson added.

ARC said it had been conducting ongoing awareness campaigns to make the general public aware that child abuse was not just related to physical or sexual attacks, but also verbal and emotional torment that could have long terms impacts on the development of a minor.

“While child abuse cases have been increasing, it is also important to recognise the many numbers of unreported cases. We have placed billboards in Male’, and will soon air a public service awareness [advert] to emphasise that suspected child abuse must be reported and not overlooked, and also familiarise people with the reporting numbers of both the child helpline and police helpline,” stated the ARC spokesperson.

“We have also highlighted that people can maintain anonymity when reporting, which is often one of the reasons people hesitate to report such cases, particularly in a small society like the Maldives.”

High profile cases

Just last week, the Maldives high Court rejected a request to take a local man into custody over the alleged abuse of an 11-year old relative, despite the male suspect having previously been held under house arrest at the same property in which his alleged victim lived.

The Prosecutor General (PG’s) Office confirmed that following a remand hearing on Tuesday (February 5), the suspect had been released from house arrest – with no restrictions placed upon his movement ahead of his unscheduled trial.

The remand hearing took place at a time when the PG’s Office is already facing government criticism for pursuing a case against a 15 year-old minor on charges of having “consensual sexual relations”.

The 15 year-old presently facing charges of having “consensual sexual relations” has also been identified as the victim of child sex abuse in an unrelated criminal case also being pursued by authorities.

The two cases are the latest in a line of high profile sexual abuse trials concerning minors, which have been met with international condemnation.

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Court released child sex abuse suspect to house arrest in victim’s home

The High Court this week rejected a request to place a male suspect accused of sexually abusing an 11-year old relation in custody. The suspect was previously held under house arrest at the same property where his alleged victim lived.

The Prosecutor General (PG’s) Office confirmed that following a remand hearing on Tuesday (February 5), the suspect had been released from the house arrest – with no restrictions currently placed upon his movement ahead of his unscheduled trial.

The remand hearing took place at a time when the PG’s Office is already facing government criticism for pursuing a case against a 15 year-old minor on charges of having “consensual sexual relations”.

The government, which has said it is in the process of reviewing and amending laws on sexual abuse with authorities including the Ministry of Gender, Family and Human rights and Islamic Ministry, today accused state prosecutors of showing “bad judgement” in charging the 15 year-old girl.

The two cases are the latest in a line of high profile sexual abuse trials concerning minors, which have met with international condemnation.

The 15 year-old presently facing charges of having “consensual sexual relations” has also been identified as the victim of child sex abuse in an unrelated criminal case also being pursued by authorities.

The PG’s Office confirmed this week that after reviewing the charges against the 15 year-old girl, a decision had been taken to proceed with her trial at the Juvenile Court over charges of fornication. The PG’s Office was unable to comment further.

However, a source familiar with the matter told Minivan News that the charges against the minor had to be pursued because the girl had confessed to having consensual sex.  The charges relate to an incident reported before her alleged sexual abuse.

Meanwhile, the PG’s Office confirmed to Minivan News that the High Court rejected a request on February 5 to retain a sexual abuse suspect – believed to be an uncle of the victim – after it emerged he had been kept under house arrest in the same property as the 11 year-old victim.

A source with knowledge of the case said that the court released the suspect after enquiring as to why police and state prosecutors had failed to raise concerns about the house arrest earlier.

With no date yet scheduled for the suspect’s trial, the outcome of the remand hearing has meant the suspect had no restrictions on his movement, according to the source.

Minivan News understands the victim has since been moved to a new location on a separate island.

Government legal review

With these two high profile sexual abuse cases ongoing in the courts, the Maldives government has maintained its commitment to reviewing related laws in the Maldives.

President’s Office Media Secretary Masood Imad told Minivan News today that certain laws in the country, which he has previously criticised as treating sexual abuse victims as perpetrators, would be amended following consultations with relevant government authorities.

“We will be holding a one day seminar with the Islamic Ministry either sometime next week or the week after,” Masood said.

The government last month announced its intention to review the laws within the space of a few weeks. However, Masood added that there were many “pressing issues” requiring its attention at the present time.

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali and Acting Minister of Gender, Family and Human Rights,  Dr Mariyam Shakeela were not responding to calls from Minivan News at time of press.

“Bad judgement”

Despite its stated commitment to review laws concerning sexual abuse in the country, Masood added that the PG’s Office itself remained an independent entity that pursued cases without government involvement.

He added that prosecutors had shown “bad judgement” in pursuing the case involving the 15 year-old while other matters were still pending.

Highlighting what he perceived to be more pressing issues for the PG’s Office, Masood raised concerns against MPs Abdulla Jabir and Hamid Abdul Ghafoor – both aligned with the opposition Maldvian Democratic Party (MDP) – over their alleged  refusal to provide a urine sample after they were arrested under suspicion of drinking alcohol in November 2012.

MPs Jabir – at the time an elected representative for the government-aligned Jumhoree Party (JP) – and Hamid were arrested back in November along with eight others on the island of  island of Hodaidhoo in Haa Dhaal Atoll, on suspicion of drug and alcohol offences.

“[The PG’s Office] should be taking [to court] the issue of suspects refusing to give urine tests after being found at drunken parties,” Masood claimed.

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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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Maldives government to review laws that “victimise” sexually abused minors

The Maldivian government has today said it will review and potentially “correct” laws in the country it claims victimise young women and minors who have suffered sexual abuse.

President’s Office Media Secretary Masood Imad told Minivan News the government would be holding consultations with the Ministry of Islamic Affairs and other relevant authorities to discuss how minors who have been sexually abused were being treated in the country.

The comments were made as the Prosecutor General (PG’s) Office today confirmed it had pressed charges against a 15 year-old girl from the island of Feydhoo in Shaviyani Atoll for having “consensual sexual relations”.

A spokesperson for the PG’s Office said the charges against the minor were unrelated to a separate case against the girl’s stepfather over allegations he had sexually abused her.

“Protected, not punished”

President’s Office Spokesperson Masood Imad said that from government’s perspective, the 15 year-old girl was a victim who needed to be protected, not punished by authorities.

“We will be talking with the Ministry of Islamic Affairs over this manner and will review and correct the problem,” he said.

Masood claimed that the Maldives had experienced a number of similar cases of late where young women had been victimised and punished by authorities – a situation he said the government was looking to prevent.

“We are reviewing this right now and if we have to go to the extent of changing existing laws then we would look to do this,” he said.

While unable to comment on specific cases at time of press, Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal told Minivan News that he was hugely concerned about the number of reports of sexual abuse against minors in the country.

Acting Minister of Gender, Family and Human rights Dr Mariyam Shakeela and Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed were not responding to calls at the time of press.

The reported handling of the case by authorities has garnered significant attention this week in both local and international media.

Charges

A PG’s Office spokesperson today confirmed that the charges against the minor were related to a separate offence of Sharia Law, which had been filed back on November 25, 2012.

The 15 year-old 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.

The spokesperson said that another charge was filed against the girl’s mother over claims she had failed to inform authorities of the alleged sexual abuse of her own child.

Judicial authorities told Minivan News earlier this week 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 at time of press.

NGO criticism

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

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

“The Maldivian authorities should immediately end its use regardless of circumstances. The fact that this time a 15-year old girl who has suffered terribly is at risk makes it all the more reprehensible. Flogging is not only wrong and humiliating, but can lead to long-term psychological as well as physical scars.”

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

Ali Rashid, an official of the Hulhudhuhfaaru Magistrate Court, said at the time that the girl had been sentenced for fornication because she had confessed to it. However, the 29 year-old male with whom she was co-accused had denied the charges.

“The man said he hadn’t committed fornication, but he admitted to having hugged and done certain other things with the girl. This amounts to sexual assault of a minor under the law. That’s why he has got the minimum sentence possible under the relevant law, 10 years in jail,” Rashid explained.

The 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.

Speaking on the issue, 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, 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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