Death Penalty Database

Maldives

Information current as of: June 4, 2014

General

Official Country Name

Republic of Maldives (Maldives). [1]

Geographical Region

Asia (South-central Asia). [2]

Death Penalty Law Status

Abolitionist de facto. Amnesty International recently reported that the last execution took place in 1954, [3] but other sources indicate the last execution was in 1952 [4] or 1953. [5]

Methods of Execution

Lethal Injection.
Pursuant to a 2014 regulation entitled “Regulation on Investigation & Execution of Sentence for Willful Murder” implementing the death penalty in intentional homicide and premeditated murder cases after a six-decade-old death-penalty moratorium, [6] execution facilities are being constructed and reports indicate that the penalty will most likely be carried out by lethal injection. [7] On January 23, 2014, Home Minister Umar Naseer issued an order to the Maldives’ Correctional Services requiring the use of lethal injection for executions, which are to be held at Maafushi prison. [8]

Comments.
Pursuant to a 2014 regulation entitled “Regulation on Investigation & Execution of Sentence for Willful Murder” implementing the death penalty in intentional homicide and premeditated murder cases after a six-decade-old death-penalty moratorium, [9] execution facilities are being constructed and reports indicate that the penalty will most likely be carried out by lethal injection. [10] On January 23, 2014, Home Minister Umar Naseer issued an order to the Maldives’ Correctional Services requiring the use of lethal injection for executions, which are to be held at Maafushi prison. [11]

References

[1] BBC, Country Profile: Maldives, http://www.bbc.com/news/world-south-asia-12653770, May 23, 2013.
[2] U.N., Composition of macro geographical (continental) regions, geographical sub-regions, and selected economic and other groupings, https://unstats.un.org/unsd/methods/m49/m49regin.htm, Oct. 31, 2013.
[3] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 2014.
[4] World Coalition Against the Death Penalty, Maldives, http://www.worldcoalition.org/Maldives, Apr. 2, 2011.
[5] Mohamed Naahee, PPM submits amendment to make enforcement of death penalty mandatory, Minivan News, http://minivannews.com/politics/ppm-submits-amendment-to-make-enforcement-of-death-penalty-mandatory-35044, Apr. 10, 2012.
[6] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 2014..
[7] CNN, Children could get death penalty as Maldives brings back executions, http://www.cnn.com/2014/05/01/world/asia/maldives-death-penalty/, May 1, 2014.
[8] Muizzu Ibrahim, Maldives to use lethal injection for execution, Haveeru, http://www.haveeru.com.mv/news/53390, Jan. 23, 2014.
[9] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 2014..
[10] CNN, Children could get death penalty as Maldives brings back executions, http://www.cnn.com/2014/05/01/world/asia/maldives-death-penalty/, May 1, 2014.
[11] Muizzu Ibrahim, Maldives to use lethal injection for execution, Haveeru, http://www.haveeru.com.mv/news/53390, Jan. 23, 2014.

Country Details

Language(s)

Dhivehi. [1]

Population

324,000 (U.N., 2012). [2]

Number of Individuals Currently Under Sentence of Death

20.

Amnesty International reports that as of December 31, 2013, 18 people were on death row in the Maldives. [3] But we have found media reports suggesting that there may be as many as 20 people on death row as of April 2014. [4]

13 individuals were sentenced to death in 2013. [5] At least 2 individuals were sentenced to death in 2012. [6] No one was sentenced to death in 2011. In November 2010, one individual was sentenced to death for a gang murder. [7]

Annual Number of Reported Executions

Executions in 2017 to date (last updated on October 18, 2017)

0. [8]

Executions in 2016

0. [9]

Per capita execution rate in 2016

Executions in 2015

0. [10]

Per capita execution rate in 2015

0 executions.

Executions in 2014

0. [11]

Per capita execution rate in 2014

0 executions

Executions in 2013

0. [12]

Per capita execution rate in 2013

0 executions.

Executions in 2012

0. [13]

Per capita execution rate in 2012

0 executions.

Executions in 2011

0. [14]

Per capita execution rate in 2011

0 executions.

Executions in 2010

0. [15]

Executions in 2009

0. [16]

Executions in 2008

0. [17]

Executions in 2007

0. [18]

Year of Last Known Execution

1954.

Amnesty International recently reported that the last execution took place in 1954, [19] but other sources indicate the last execution was in 1952 [20] or 1953. [21]

The last executed individual, Hakim Didi, was found guilty of conspiracy to murder the president using black magic and was executed by firing squad. [22]

References

[1] BBC, Country Profile: Maldives, http://www.bbc.com/news/world-south-asia-12653770, May 23, 2013.
[2] BBC, Country Profile: Maldives, http://www.bbc.com/news/world-south-asia-12653770, May 23, 2013.
[3] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 2014.
[4] Farah Ahmen, Maldives enacts death penalty regulation, Haveeru, http://www.haveeru.com.mv/news/54607, Apr. 27, 2014.
[5] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 2014.
[6] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2013, Apr. 2013.
[7] Ahmed Nazeer, Criminal Court issues death sentence in gang murder case, Minivan News, http://minivannews.com/society/criminal-court-issues-death-sentence-in-gang-murder-case-13553, Nov. 23, 2010; Sanjoy Hazarika, Indian Troops End Coup in Maldives, The New York Times, http://www.nytimes.com/1988/11/05/world/indian-troops-end-coup-in-maldives.html, Nov. 5, 1988. Library of Congress Country Studies: Madagascar – Maldives, http://lcweb2.loc.gov/cgi-bin/query/r?frd/cstdy:@field(DOCID+mg0076), Aug. 1994. Attorney General’s Office, Republic of the Maldives, AGO Newsletter, p. 5, http://www.agoffice.gov.mv/pdf/newsletters/5.pdf, Apr. 12, 2005. Hands Off Cain, Maldives: Death Sentence Passed in Murder Case, http://www.handsoffcain.info/archivio_news/201011.php?iddocumento=13316415&mover=0, Nov. 22, 2010.
[8] DPW Executions and Death Sentences Monitor.
[9] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. 11, 2017.
[10] DPW Executions and Death Sentences Monitor.
[11] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. 31, 2015.
[12] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 26, 2014.
[13] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 9, 2013.
[14] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[15] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 28, 2011.
[16] Amnesty Intl., Death Sentences and Executions in 2009, p. 29, ACT 50/001/2010, Mar. 30, 2010.
[17] Amnesty Intl., Death Sentences and Executions in 2008, p. 8, ACT 50/003/2009, Mar. 24, 2009.
[18] Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, Apr. 15, 2008.
[19] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 2014.
[20] World Coalition Against the Death Penalty, Maldives, http://www.worldcoalition.org/Maldives, Apr. 2, 2011.
[21] Mohamed Naahee, PPM submits amendment to make enforcement of death penalty mandatory, Minivan News, http://minivannews.com/politics/ppm-submits-amendment-to-make-enforcement-of-death-penalty-mandatory-35044, Apr. 10, 2012
[22] Minivan News, Suitcase murder victim’s family request death penalty during court hearing, http://minivannews.com/news-in-brief/suitcase-murder-victims-family-request-death-penalty-during-court-hearing-19848, May 4, 2011.

Crimes and Offenders Punishable By Death

Crimes Punishable by Death

Murder.
A regulation entitled Regulation on Investigation & Execution of Sentence for Willful Murder was adopted on April 27, 2014 and provides for the use of the death penalty in cases of intentional homicide and premeditated murder. [1] Reports indicate that the Regulation was formulated under the Police Act and the Clemency Act. [2] We were unable to locate an English translation of the Regulation.

In essence, the Regulation implements the death penalty for intentional homicide or premeditated murder when the Supreme Court issues or affirms the sentence. The Regulation allows for the traditional Shariah mediation process in which victim’s heirs are asked to choose between a retributive death sentence (qisas) or pardoning the convict, in which case they can elect to receive compensation (diyyah). [3] With respect to Shariah death penalty practices, a 2010 court decision explained that the Shariah punishment for murder is death, and the decision of a single heir to accept diyyah in lieu of qisas will prevent an execution. [4] The Maldives is influenced by the Shafi’i school of Sunni Islam (although not strictly), [5] under which the death penalty (qisas) for murder applies only if the offender intended to kill the victim and used some means likely to cause that result, and the victim’s heirs have the power to pardon the offender. [6]

Before the 2014 regulation, sources did not agree on the appropriate punishment for murder. Section 88(d) of the Penal Code prescribes the Shariah punishment where a public servant fails to obey a lawful order and such failure results in death of a person. [7] Courts used section 88(d) to apply the death penalty against security officers who, due to abuse of a person in custody, caused his death—which might align with the statutory language. [8] But courts also pronounced death sentences under this provision of the Code for individuals with no public duty that were found guilty of murder. In 2010, one court stated that under section 88(d) a murderer “shall be executed” unless one of the victim’s heirs gives up the right of qisas. [9] In another case, a trial judge summoned heirs of the victim and offered them a choice between accepting blood money or qisas and, when the heirs chose the latter, the convicts were immediately sentenced to death. [10] The pronouncement of 13 additional death sentences in 2013, [11] before the enactment of the 2014 regulation, lends further support to the conclusion that courts in the Maldives often interpreted section 88(d) of the Penal Code to mean murder was punishable by death in spite of the Code’s narrow language.

The Maldives commissioned a draft Penal Code in 2004 that was completed in 2006. It has been pending in Parliament for many years. [12] The draft code purports to “find principled common ground” between the Maldives Shariah practices and international norms with respect to the death penalty and makes the death sentence available only for purposeful killings. [13]

Terrorism-Related Offenses Resulting in Death.
Under section 6(a) of the Prevention of Terrorism Act of 1990, terrorism resulting in death is punishable by death. [14]

Treason.
Some treasonable offenses are punishable by death, including causing harm to the President in contravention of Shariah or law or committing acts to the detriment of the government, its sovereignty or territory. [15]

Comments.
The Republic of Maldives operates on codified and Shariah law, and the Penal Code supports Shariah penalties not explicitly defined in the Code. [16] Under Shariah law, the death penalty is the punishment of a murderer and he is to be killed in retaliation (qisas) unless the victim’s next of kin pardons him. [17] However, the Maldives did not always construe Shariah law to apply an expansive death penalty, [18] and the President typically commuted death sentences to life imprisonment. [19] The 2014 regulation codifying the implementation of the death penalty in intentional homicide and premeditated murder cases will have an immediate impact on the way in which the Maldives practices the death penalty: regulatory steps codifying the means by which execution can be obtained could encourage its use and preference over imprisonment.

Does the country have a mandatory death penalty?

No. Although the death penalty for murder can be applied in a mandatory fashion under Shariah, [20] the death penalty is passed at the discretion of the courts in the Maldives. [21] The heirs of the victim may be sought for a determination of whether or not they wish for the death penalty, but the Supreme Court is vested with final authority on issuing the sentence. [22] The 2014 Regulation on Investigation & Execution of Sentence for Willful Murder does not strip the courts of their discretion in issuing a death sentence in willful murder cases, but instead imposes a procedural scheme for the implementation of that sentence. [23]

We did not find any information on whether there is a mandatory death penalty for offenses other than intentional homicide and premeditated murder.

For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?

None, we believe.

There is no mandatory death penalty for murder. [24] We did not find any specific information on whether there is a mandatory death penalty for offenses other than intentional homicide and premeditated murder, but we believe it likely that the courts exercise the same sentencing discretion.

Crimes For Which Individuals Have Been Executed Since January 2008:

None. There have been no executions since the early 1950s. (Amnesty International recently reported that the last execution took place in 1954, [25] but other sources indicate the last execution was in 1952 [26] or 1953. [27] )

Categories of Offenders Excluded From the Death Penalty:

Individuals Below Age 18 At Time of Crime.
The Maldives is a party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, [28] both of which prohibit the execution of individuals for offenses committed while below age 18. [29] Courts are constitutionally required to consider the treaties to which the Maldives is party. [30]

Nevertheless, the Penal Code has been applied as allowing the application of the death penalty for crimes committed when below the age of 18. Reporting on death sentences and executions in 2013, Amnesty International expressed concern that individuals under 18 years of age remained in detention under sentence of death in the Maldives. [31] In 2013, two juveniles were sentenced to death in relation to a murder committed while they were under age 18. [32]

Moreover, the 2014 Regulation on Investigation & Execution of Sentence for Willful Murder does not exempt minors convicted of intentional homicide or premeditated murder from execution. [33] In May 2014, after the implementation of the regulation, a 16-year-old was charged with a gang-related murder. [34] Two other minors—one 16 and one 14—were charged with lesser offences related to the crime. [35] One report indicates that the 16-year-old charged with murder was convicted, [36] but but whether this juvenile will be sentenced to death remains unknown. [37]

The traditional rule under Shariah law is that a child’s adulthood is influenced by the concept of maturity, marked by puberty. [38] The age of criminal responsibility in the Maldives is typically 10, [39] but certain hadd offenses have an age of responsibility of 7. [40] Accordingly, the 2014 regulation means children as young as 7 might be sentenced to death and have that sentence carried out once they reach 18 years of age. [41]

Pregnant Women.
In accordance with the 2014 Regulation on Investigation & Execution of Sentence for Willful Murder, a death penalty imposed on a pregnant woman can be delayed until she gives birth and the child is two years old. [42]

With respect to crimes not covered by the 2014 regulation (those other than intentional homicide and premeditated murder) the law limiting the right to life is required to comply with Shariah principles. [43] The execution of pregnant women is anathema to the rights of the child set forth in the Quran and Sunna, although the woman may be sentenced to death. [44]

Women With Small Children.
In accordance with the 2014 Regulation on Investigation & Execution of Sentence for Willful Murder, a death penalty imposed on a pregnant woman can be delayed until she gives birth and the child is two years old. [45]

With respect to crimes not covered by the 2014 regulation (those other than intentional homicide and premeditated murder) the law limiting the right to life is required to comply with Shariah principles. [46] The execution of nursing women is anathema to the rights of the child (until the child is 2 years old) set forth in the Quran and Sunna, although the woman may be sentenced to death. [47]

Mentally Ill.
Under the Penal Code of 1968, no criminal liability attaches to an offense committed “by a person who at the time of doing it is by reason of being in a certain state of mind, is incapable of knowing the nature of the act or that it may be contrary to law.” The provision does not apply “to a person who creates that state of mind on his own volition or with his consent.” [48]

Under Shariah law, insane individuals might have more expansive protection than explicitly laid out in the Code, including a protection against being executed while insane. [49]

Comments.
Intellectually disabled persons might have some protection under Shariah law, especially if they are not competent to stand trial or give a free confession. [50] Law limiting the right to life is required to comply with Shariah principles. [51]

References

[1] Eurasia Review, Maldives Lifts Moratorium as Death Penalty Declines, http://www.eurasiareview.com/12052014-maldives-lifts-moratorium-death-penalty-declines-analysis/, last accessed May 12, 2014. U.N. News Centre, Maldives should repeal new regulation providing for death penalty, says UN rights office, http://www.un.org/apps/news/story.asp?NewsID=47680#.U3JCzq1dWzA, Apr. 29, 2014.
[2] Ahmed Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[3] Ahmed Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[4] Ahmed Nazeer, Criminal Court issues death sentence in gang murder case, Minivan News, http://minivannews.com/society/criminal-court-issues-death-sentence-in-gang-murder-case-13553, Nov. 23, 2010.
[5] Paul H. Robinson et al., Codifying Shari'a: International Norms, Legality & the Freedom to Invent New Forms, p. 3-4, American Journal of Comparative Law, Vol. 2, No. 1, 2007 (U of Penn Law School, Public Law Working Paper No. 06-26, available at SSRN: http://ssrn.com/abstract=941443). Note that the death penalty might be prescribed in another article, such as 16, 41(b) or 60—the author of the model code did not specify.
[6] Mohamed S. El-Awa, Punishment in Islamic Law: A Comparative Study, p. 75, American Trust Publications, 1982. Note that for the Hanafi school, the death penalty could be awarded as tazir for a murder committed without use of means particularly likely to result in death. Id. at p. 109.
[7] Maldives Penal Code, art 88(d), Law No. 1/81, Jan. 1, 1967.
[8] Ahmed Nazeer, Criminal Court issues death sentence in gang murder case, Minivan News, http://minivannews.com/society/criminal-court-issues-death-sentence-in-gang-murder-case-13553, Nov. 23, 2010. Attorney General’s Office, Republic of the Maldives, AGO Newsletter, p. 5, http://www.agoffice.gov.mv/pdf/newsletters/5.pdf, Apr. 12, 2005.
[9] Ahmed Nazeer, Criminal Court issues death sentence in gang murder case, Minivan News, http://minivannews.com/society/criminal-court-issues-death-sentence-in-gang-murder-case-13553, Nov. 23, 2010.
[10] Muizzu Ibrahim, Murrath, Hana sentenced to death for Najeeb’s murder, Haveeru, http://www.haveeru.com.mv/news/43523, July 19, 2012.
[11] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 2014.
[12] U.N.G.A. Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, p. 9, U.N. Doc. A/HRC/23/43/Add.3, May 21, 2013. Paul H. Robinson et al., Final Report of the Maldivian Penal Law & Sentencing Codification Project, https://www.law.upenn.edu/fac/phrobins/draftislamicpenalcode/Fina%20ReportMPLSCPvol1.pdf, Jan. 2006.
[13] Paul H. Robinson et al., Codifying Shari'a: International Norms, Legality & the Freedom to Invent New Forms, p. 17, American Journal of Comparative Law, Vol. 2, No. 1, 2007 (U of Penn Law School, Public Law Working Paper No. 06-26, available at SSRN: http://ssrn.com/abstract=941443).
[14] Maldives Prevention of Terrorism Act, art. 6(a), Law No. 10 of 1990, Dec. 9, 1990.
[15] Maldives Penal Code, arts. 36-37, Law No. 1/81, Jan. 1, 1967.
[16] Maldives Penal code, arts. 2, 7, 15, Law No. 1/81, Jan. 1, 1967.
[17] Mohamed Naahee, Criminal Procedure Code to be completed by end of week: MP Moosa ‘Reeko’ Manik, Minivan News, http://minivannews.com/society/criminal-procedure-code-to-be-completed-by-end-of-week-mp-moosa-%E2%80%98reeko%E2%80%99-manik-45355, Oct. 14, 2012.
[18] To confirm this, review the model code, along with commentary on the law as practiced, prepared by Paul H. Robinson et al., Codifying Shari'a: International Norms, Legality & the Freedom to Invent New Forms, p. 1, American Journal of Comparative Law, Vol. 2, No. 1, 2007 (U of Penn Law School, Public Law Working Paper No. 06-26, available at SSRN: http://ssrn.com/abstract=941443).
[19] Mohamed Naahee, Criminal Procedure Code to be completed by end of week: MP Moosa ‘Reeko’ Manik, Minivan News, http://minivannews.com/society/criminal-procedure-code-to-be-completed-by-end-of-week-mp-moosa-%E2%80%98reeko%E2%80%99-manik-45355, Oct. 14, 2012.
[20] International Commission against the Death Penalty, The death penalty and the “most serious crimes,” p. 7, http://www.icomdp.org/cms/wp-content/uploads/2013/02/Most-serious-crimes_final_6Feb2013.pdf, Jan. 2013.
[21] When the State Kills, email to DPW, DPW Maldives Doc. E-1, May 25, 2014. Aljazeera, Maldives teenager could face death penalty, http://www.aljazeera.com/news/asia/2014/05/maldives-teenager-could-face-death-penalty-201452345910586561.html, May 23, 2014.
[22] When the State Kills, email to DPW, DPW Maldives Doc. E-1, May 25, 2014.
[23] When the State Kills, email to DPW, DPW Maldives Doc. E-1, May 25, 2014. Aljazeera, Maldives teenager could face death penalty, http://www.aljazeera.com/news/asia/2014/05/maldives-teenager-could-face-death-penalty-201452345910586561.html, May 23, 2014. Ahmed Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[24] When the State Kills, email to DPW, DPW Maldives Doc. E-1, May 25, 2014. Aljazeera, Maldives teenager could face death penalty, http://www.aljazeera.com/news/asia/2014/05/maldives-teenager-could-face-death-penalty-201452345910586561.html, May 23, 2014.
[25] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 2014.
[26] World Coalition Against the Death Penalty, Maldives, http://www.worldcoalition.org/Maldives, Apr. 2, 2011.
[27] Mohamed Naahee, PPM submits amendment to make enforcement of death penalty mandatory, Minivan News, http://minivannews.com/politics/ppm-submits-amendment-to-make-enforcement-of-death-penalty-mandatory-35044, Apr. 10, 2012
[28] Status, Declarations, and Reservations, Convention on the Rights of the Child, 1577 U.N.T.S. 3, Nov. 20, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en, last accessed May 9, 2014. U.N. Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the Covenant, p. 2, CCPR/C/MDV/1, Mar. 4, 2011.
[29] Amnesty Intl., Maldives must commute death sentences for two juvenile offenders convicted of murder, http://www.amnesty.org/en/news/maldives-must-commute-death-sentences-two-juvenile-offenders-convicted-murder-2013-05-03, May 3, 2013.
[30] Constitution of the Republic of Maldives, arts. 16, 68, Aug. 7, 2008, translation: Ms. Dheena Hussain LLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn), at the Request of the Ministry of Legal Reform, Information and Arts.
[31] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 2014.
[32] Euan McKirdy, Children could get death penalty as Maldives brings back executions, CNN, http://www.cnn.com/2014/05/01/world/asia/maldives-death-penalty/, May 1, 2014. Muizzu Ibrahim, Two 18 year olds sentenced to death for Bobby’s murder, Haveeru, http://www.haveeru.com.mv/news/48773, May 2, 2013.
[33] Euan McKirdy, Children could get death penalty as Maldives brings back executions, CNN, http://www.cnn.com/2014/05/01/world/asia/maldives-death-penalty/, May 1, 2014.
[34] Zaheena Rasheed, Three minors charged in gang murder, Minivan News, http://minivannews.com/crime-2/three-minors-charged-in-gang-murder-85212, May 20, 2014.
[35] Zaheena Rasheed, Three minors charged in gang murder, Minivan News, http://minivannews.com/crime-2/three-minors-charged-in-gang-murder-85212, May 20, 2014.
[36] The Malay Mail Online, Maldives condemned for sentencing minor to death, http://www.themalaymailonline.com/print/world/maldives-condemned-for-sentencing-minor-to-death, May 22, 2014.
[37] Daniel Bosley, Former home minister questions government’s sincerity regarding death penalty, Minivan News, http://minivannews.com/politics/former-home-minister-questions-governments-sincerity-over-death-penalty-85394, May 22, 2014.
[38] Kamran Hasemi, Religious Legal Traditions, Muslim States and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation, Human Rights Quarterly, Volume 29, Number 1, pp. 198-200, http://musejhuedu.hs3esdk.ru/journals/human_rights_quarterly/v029/29.1hashemi.pdf, Feb. 2008.
[39] U.N. News Centre, Maldives should repeal new regulation providing for death penalty, says UN rights office, http://www.un.org/apps/news/story.asp?NewsID=47680#.U3DyWK1dWzA, Apr. 30, 2014.
[40] CNN, Children could get death penalty as Maldives brings back executions, http://www.cnn.com/2014/05/01/world/asia/maldives-death-penalty/, May 1, 2014.
[41] The Malay Mail Online, Maldives condemned for sentencing minor to death, http://www.themalaymailonline.com/print/world/maldives-condemned-for-sentencing-minor-to-death, May 22, 2014.
[42] Ahmen Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[43] Constitution of the Republic of Maldives, arts. 16, 21, Aug. 7, 2008, translated by: Ms. Dheena Hussain LLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn), At the Request of the Ministry of Legal Reform, Information and Arts.
[44] Gerald E. Lampe, ed., Justice and Human Rights in Islamic Law, p. 56, Intl. Law Inst., 1997.
[45] Ahmen Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[46] Constitution of the Republic of Maldives, arts. 16, 21, Aug. 7, 2008, translated by: Ms. Dheena Hussain LLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn), At the Request of the Ministry of Legal Reform, Information and Arts.
[47] Gerald E. Lampe, ed., Justice and Human Rights in Islamic Law, p. 56, Intl. Law Inst., 1997.
[48] Maldives Penal Code, art. 24, Law No. 1/81, Jan. 1, 1967.
[49] M. Cherif Bassiouni, ed., The Islamic Criminal Justice System, p. 186-187, Oceana Publications, Inc., 1982. See also S. Mahmassani, Falsafat Al-Tashri Fi Al-Islam, p. 174, translated by Farhat J. Ziadeh, E.J. Brill, 1961. Muhammad Abdel Haleem, Adel Omar Sherif & Kate Daniels, eds., Criminal Justice in Islam: Judicial Procedure in the Shari’a, p. 46-47, I.B. Tauris & Co. Ltd., 2003.
[50] M. Cherif Bassiouni, ed., The Islamic Criminal Justice System, p. 187, 192, Oceana Publications, Inc., 1982. Note that some scholars differ, offering no legal explanation (unlike the previous source) and stating that the ability to discriminate between good and evil is the main requirement in determining liability for an intellectually disabled individual. Nagaty Sanad, The Theory of Crime and Criminal Responsibility in Islamic Law: Shari’a, p. 91, Office of International Criminal Justice, University of Illinois at Chicago, 1991.
[51] Constitution of the Republic of Maldives, arts. 16, 21, Aug. 7, 2008, translation: Ms. Dheena Hussain LLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn), At the Request of the Ministry of Legal Reform, Information and Arts.

International Commitments

ICCPR

Party?

Yes. [1]

Date of Accession

Sept. 19, 2006. [2]

Signed?

No. [3]

Date of Signature

Not Applicable.

First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee

Party?

Yes. [4]

Date of Accession

Sept. 19, 2006. [5]

Signed?

No. [6]

Date of Signature

Not Applicable.

Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty

Party?

No. [7]

Date of Accession

Not Applicable.

Signed?

No. [8]

Date of Signature

Not Applicable.

American Convention on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Death Penalty Protocol to the ACHR

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on Human and Peoples' Rights (ACHPR)

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Protocol to the ACHPR on the Rights of Women in Africa

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on the Rights and Welfare of the Child

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Arab Charter on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

2016 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [9]

Vote

Against. [10]

Signed the Note Verbale of Dissociation

No. [11]

2014 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [12]

Vote

Abstained. [13]

Signed the Note Verbale of Dissociation

Yes. [14]

2012 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [15]

Vote

Abstained. [16]

Signed the Note Verbale of Dissociation

No. [17]

2010 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [18]

Vote

In Favor. [19]

Signed the Note Verbale of Dissociation

No. [20]

2008 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [21]

Vote

Against. [22]

Signed the Note Verbale of Dissociation

Yes. [23]

2007 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [24]

Vote

Against. [25]

Signed the Note Verbale of Dissociation

Yes. [26]

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed May 9, 2014.
[2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed May 9, 2014.
[3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed May 9, 2014.
[4] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed May 9, 2014.
[5] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed May 9, 2014.
[6] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed May 9, 2014.
[7] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed May 9, 2014.
[8] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed May 9, 2014.
[9] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[10] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[11] U.N.G.A., 71st Session, Note Verbale dated 7 September 2017, U.N. Doc. A/71/1047, Sep. 13, 2017.
[12] U.N.G.A., 69th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 141, 144, U.N. Doc. A/69/488/Add.2, Dec. 8, 2014.
[13] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. 17-18, U.N. Doc. A/69/PV.73, Dec. 18, 2014.
[14] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. A/69/993, Jul. 29, 2015.
[15] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 95-96, U.N. Doc. A/67/457/Add.2, Dec. 8, 2012.
[16] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[17] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. A/67/841, Apr. 23, 2013.
[18] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. A/65/456/Add.2, Dec. 8, 2010.
[19] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[20] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[21] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/63/430/Add.2, Dec. 4, 2008.
[22] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16-17, U.N. Doc. A/63/PV.70, Dec. 18, 2008.
[23] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[24] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/62/439/Add.2, Dec. 5, 2007.
[25] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16-17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[26] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. A/62/658, Feb. 2, 2008.

Death Penalty In Law

Does the country’s constitution make reference to capital punishment?

The Constitution provides: “Everyone has the right to life, liberty and security of the person, and the right not be deprived thereof to any extent except pursuant to a law made in accordance with Article 16 of this Constitution.” Article 16 explains that rights must be protected in accordance with what is proper in a “free and democratic society” and under Shariah law, and provides that the limitation of any right must pass a proportionality test with an emphasis on the importance of the right. The onus of demonstrating that it is necessary to infringe a right to protect a tenet of Islam or some other state purpose is on the State (or the individual asserting that there should be a limitation). Article 54 prohibits “cruel, inhumane or degrading treatment or punishment, or to torture.” [1]

Does the country’s constitution make reference to international law?

Yes. Near the end of the Chapter on Fundamental Rights and Freedoms, the Constitution provides: “When interpreting and applying the rights and freedoms contained within this Chapter, a court or tribunal shall promote the values that underlie an open and democratic society based on human dignity, equality and freedom, and shall consider international treaties to which the Maldives is a party.” Later, Chapter VII of the Constitution creates a Human Rights Commission charged with monitoring, promoting and protecting human rights. [2]

Have there been any significant changes in the application of the death penalty over the last several years?

The death penalty has not been carried out in the Maldives since the early 1950s (Amnesty International recently reported that the last execution took place in 1954, [3] but other sources indicate the last execution was in 1952 [4] or 1953 [5] ), but accelerating crime rates, changing public opinion, and new leadership have resulted in the death penalty’s resurgence. [6] According to President Yameen, the Maldives formulated its 2014 Regulation on Investigation & Execution of Sentence for Willful Murder implementing capital punishment to stop the “slaughter of innocent citizens.” [7] The regulation provides that the Supreme Court can impose a death sentence upon individuals convicted of intentional homicide and premeditated murder. This sentence can be tempered by a mediation process in which any of the victim’s heirs can elect a pardon. [8] The regulation, however, does not create a mandatory death penalty regime for murder. The Supreme Court is vested with final authority on issuing the death sentence and can pronounce a lesser punishment regardless of the wishes of the family. [9]

With respect to clemency, it is unclear whether the President’s power to grant clemency is derogated in cases covered by the 2014 regulation. If the 2014 regulation does strip the President’s power to grant clemency and commute an individual’s death sentence, the Maldives is violating its obligations as a party to the ICCPR (article 6(4) mandates the right to clemency for death-sentenced prisoners). [10]

During 2011 and 2012, 3 proposals seeking to amend the Clemency Act of 2010 were brought in Parliament. [11] Each of these amendments would remove the President’s power to grant clemency if a death sentence for any offense were issued or affirmed by the Supreme Court. [12] To date, none of these amendments have been passed, [13] and we can confirm the presidential power to commute a death sentence to a sentence of life remains intact in cases other than willful homicide and premeditated murder. [14]

Recent practices indicate that the Maldives does not hesitate to seek the death penalty for juveniles. In 2013, two juveniles were sentenced to death in relation to a murder committed while they were under age 18. [15] In May 2014, after the implementation of the regulation enabling the death penalty in willful homicide and premeditated murder cases, a 16-year-old was charged with a gang-related murder. [16] One report indicates that the 16-year-old charged with murder was convicted, [17] but whether this juvenile will be sentenced to death remains unknown.

In 2011, the Maldives responded to U.N. Human Rights Council recommendations on the death penalty by noting that it was not ready to abolish the death penalty, but that it was committed to maintaining its moratorium. [18] The 2014 expedited system for the implementation of the death penalty in willful homicide and premeditated murder cases significantly changes the death penalty landscape in the Maldives and evidences a drastic shift from the Maldives’ asserted stance in 2011.

Is there currently an official moratorium on executions within the country?

No. Former President Mohamed Nasheed publicly stated that he was opposed to the death penalty and believed it should not be a punishment in the penal code. Specifically, he stated his doubts that the Maldivian justice system was up to the task of assuring sufficient safeguards in the application of the death penalty. [19] As such, there was an unofficial moratorium on executions and it was common practice for the President to commute death sentences to life imprisonment through clemency. [20] In 2011, the Maldives responded to U.N. Human Rights Council recommendations on the death penalty by noting that it was not ready to abolish the death penalty, but that it was committed to maintaining its moratorium. [21]

Current President Abdulla Yameen, however, called for death penalty implementation “to save Maldivian society from murders that have become too commonplace” and expressed his belief that “murder has to be punished with murder.” [22] A 2014 regulation implemented procedures for putting the death penalty into practice in willful homicide and premeditated murder cases. [23] The regulation provides that the death penalty is appropriate in cases of intentional homicide or premeditated murder when delivered or affirmed by the Supreme Court. [24] In accordance with Shariah principles, a victim’s family will be given an opportunity to pardon the convict. [25] This regulation will have an immediate impact on the way in which the Maldives practices the death penalty: regulatory steps codifying the means by which execution can be obtained could encourage its use and preference over imprisonment.

Have there been any significant published cases concerning the death penalty in national courts?

In 2013, 2 teenagers were sentenced to death by the Juvenile Court for a murder they committed when they were under age 18. [26] Executing these individuals would be a violation of the Maldives’ international treaty obligations not to carry out capital punishment on juveniles. [27]

In November of 2010, Mohamed Nabeel was convicted of murder and sentenced to death in a case that might involve a questionable application of section 88(d) of the Penal Code, which appears to apply when a public servant’s breach of duty or lawfulness results in death but was applied here as permitting the death penalty for murder generally. [28]

Where can one locate or access judicial decisions regarding the death penalty?

The website of the Supreme Court includes a section on judicial decisions, available in Dhivehi, the national language of the Maldives, at http://www.supremecourt.gov.mv. The links on the English-language version of the website were not functioning as of May 2014 (http://www.supremecourt.gov.mv/eng/?decision=eng).

Judicial decisions may also be available on the High Court’s website, available at http://www.highcourt.gov.mv/dhi/index.php#. Unfortunately, the translation link was down as of May 2014.

What is the clemency process?

Article 21 of the Clemency Act of 2010 states: “Even if stated otherwise in this act, if the Supreme Court issues a death sentence, or a lower court or High Court issues a death sentence and if the Supreme Court upholds that sentence, the President has the authority to relieve the sentence into a life imprisonment, after consideration of either the state of the guilty, the legal principles behind the issue, consensus of the state or the values of humanity. But once such a sentence is being relieved to a life imprisonment, the guilty shall not be eligible for pardon, under any clause of this act.” [29]

Three amendments to the Act proposing to limit the presidential clemency power have been introduced in Parliament. [30] These amendments, proposed throughout 2011 and 2013, sought to require the President to enforce a death sentence if issued by the Supreme Court or issued by a lower court and affirmed by the Supreme Court. [31] At present, none of the amendments have been passed into law. [32] But the President’s clemency power, which was traditionally used to commute death sentences in the Maldives before 2010, [33] appears to have fallen out of favor since that time.

In 2012, private individuals asked the High Court to decide whether the President’s power to grant clemency was unconstitutional. [34] Under the Constitution, the victim’s heirs have the power to pardon convicts and the death penalty is only enforced with unanimous consent of all heirs. [35] Therefore, individuals argued that the President’s power to grant clemency defies Shariah law and the Constitution by allowing the President to decide the matter rather than the heirs and should be void as a consequence of such violation. [36] We were unable to find the High Court’s decision on that constitutional challenge.

Under the 2014 Regulation on Investigation & Execution of Sentence for Willful Murder, once the Supreme Court issues a death sentence or affirms a lower court’s issuance of a death sentence in a premeditated murder or intentional homicide case, the President must be notified that all procedures of the regulation have been properly followed. [37] The Regulation establishes a committee to assure that all procedures for proper implementation of the death penalty have been adhered to. [38] Where such a finding is made, the President has 3 days to respond to notification with an execution order. [39] It is unclear whether the President maintains his clemency power under the regulation or whether he can refuse to issue an execution order. Within 7 days of receiving the President’s execution order, the Maldives Correctional Service must carry out the execution. Shariah principles still apply through a mediation process: where a single member of the family refuses the penalty, the execution will not be carried out. [40] If the 2014 regulation does strip the President’s power to grant clemency and commute an individual’s death sentence, the Maldives is violating its obligations as a party to the ICCPR (article 6(4) mandates the right to clemency for death-sentenced prisoners). [41]

Are jury trials provided for defendants charged with capital offenses?

No. There are no jury trials in the Republic of Maldives. [42]

Brief Description of Appellate Process

There is a constitutional right to appeal all civil and criminal matters, [43] therefore any individual who has been convicted of a crime has the right to appeal his conviction and sentence. There are currently no criminal procedure rules in force. [44] There are, however, a set of draft criminal procedure rules, which describe the potential future appellate process. [45] Under the draft code, an appeal will only be granted for legal error; the High Court will defer to trial courts on all findings of fact, save when faced with clearly erroneous findings. A defendant must file a notice of appeal with the trial court within 10 days of the original conviction. The trial court has discretion to determine whether a defendant will be held in prison pending appeal. [46]

References

[1] Constitution of the Republic of Maldives, arts. 16, 21, 54, Aug. 7, 2008, translation: Ms. Dheena Hussain LLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn), at the Request of the Ministry of Legal Reform, Information and Arts.
[2] Constitution of the Republic of Maldives, arts. 16, 68, 189-193, Aug. 7, 2008, translation: Ms. Dheena Hussain LLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn), at the Request of the Ministry of Legal Reform, Information and Arts.
[3] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 2014.
[4] World Coalition Against the Death Penalty, Maldives, http://www.worldcoalition.org/Maldives, Apr. 2, 2011.
[5] Mohamed Naahee, PPM submits amendment to make enforcement of death penalty mandatory, Minivan News, http://minivannews.com/politics/ppm-submits-amendment-to-make-enforcement-of-death-penalty-mandatory-35044, Apr. 10, 2012
[6] MPs urge to implement Islamic Shari’a, call for “death for death,” Haveeru Online, http://www.haveeru.com.mv/news/32164, Oct. 4, 2010.
[7] Ahmen Naish, Government will enforce death penalty, declares President Yameen, Minivan News, http://minivannews.com/politics/goverment-will-enforce-death-penalty-declares-president-yameen-79929, Mar. 14, 2014.
[8] Ahmed Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[9] When the State Kills, email to DPW, DPW Maldives Doc. E-1, May 25, 2014.
[10] ICCPR, art. 6(4), 999 U.N.T.S. 171, Dec. 16, 1966.
[11] Mohamed Naahee, PPM submits amendment to make enforcement of death penalty mandatory, Minivan News, http://minivannews.com/politics/ppm-submits-amendment-to-make-enforcement-of-death-penalty-mandatory-35044, Apr. 10, 2012.
[12] Mohamed Naahee, PPM submits amendment to make enforcement of death penalty mandatory, Minivan News, http://minivannews.com/politics/ppm-submits-amendment-to-make-enforcement-of-death-penalty-mandatory-35044, Apr. 10, 2012.
[13] When the State Kills, email to DPW, DPW Maldives Doc. E-1, May 25, 2014.
[14] When the State Kills, email to DPW, DPW Maldives Doc. E-1, May 25, 2014.
[15] Euan McKirdy, Children could get death penalty as Maldives brings back executions, CNN, http://www.cnn.com/2014/05/01/world/asia/maldives-death-penalty/, May 1, 2014. Muizzu Ibrahim, Two 18 year olds sentenced to death for Bobby’s murder, Haveeru, http://www.haveeru.com.mv/news/48773, May 2, 2013.
[16] Zaheena Rasheed, Three minors charged in gang murder, Minivan News, http://minivannews.com/crime-2/three-minors-charged-in-gang-murder-85212, May 20, 2014.
[17] The Malay Mail Online, Maldives condemned for sentencing minor to death, http://www.themalaymailonline.com/print/world/maldives-condemned-for-sentencing-minor-to-death, May 22, 2014.
[18] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review: Maldives, para. 100(6), 100(55-57), U.N. Doc. A/HRC/16/7, Jan. 4, 2011. U.N.G.A Human Rights Council, Report of the Working Group on the Universal Periodic Review: Maldives, Views on conclusions and/or recommendations, voluntary commitments and replies presented by the state under review, para. 100(6), 100(55-57), U.N. Doc. A/HRC/16/7/Add.1, Mar. 14, 2011.
[19] Community of Sant’Egidio, President Nasheed Against the Death Penalty in New Criminal Code, http://nodeathpenalty.santegidio.org/news.aspx?ln=en&id=14&n=13801, Oct. 29, 2009.
[20] Ahmen Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[21] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review: Maldives, para. 100(6), 100(55-57), U.N. Doc. A/HRC/16/7, Jan. 4, 2011. U.N.G.A Human Rights Council, Report of the Working Group on the Universal Periodic Review: Maldives, Views on conclusions and/or recommendations, voluntary commitments and replies presented by the state under review, para. 100(6), 100(55-57), U.N. Doc. A/HRC/16/7/Add.1, Mar. 14, 2011.
[22] Leah Malone, “Murder has to be punished with murder”: Yameen calls for death penalty to be put into practice, Minivan News, http://minivannews.com/politics/murder-has-to-be-punished-with-murder-yameen-calls-for-death-penalty-to-be-put-into-practice-61500, July 25, 2013.
[23] Ahmen Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[24] Ahmen Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[25] Ahmen Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[26] Maldives: Two Minors Sentenced to Death, Hands Off Cain, http://www.handsoffcain.info/news/index.php?iddocumento=17304789, May 2, 2013.
[27] Maldives: Two Minors Sentenced to Death, Hands Off Cain, http://www.handsoffcain.info/news/index.php?iddocumento=17304789, May 2, 2013.
[28] Ahmed Nazeer, Criminal Court issues death sentence in gang murder case, Minivan News, http://minivannews.com/society/criminal-court-issues-death-sentence-in-gang-murder-case-13553, Nov. 23, 2010. Section 88(d) applies to deaths resulting from a public servant’s breach of lawfulness.
[29] The Clemency Act, art. 21, Act No. 2/2010, 2010.
[30] Ahmen Nazeer, Parliament accepts amendment to Clemency Act to uphold death sentences, Minivan News, http://minivannews.com/politics/parliament-accepts-amendment-to-clemency-act-to-uphold-death-sentences-18930, Apr. 18, 2011. Mohamen Naahee, PPM submits amendment to make enforcement of death penalty mandatory, Minivan News, http://minivannews.com/politics/ppm-submits-amendment-to-make-enforcement-of-death-penalty-mandatory-35044 , Apr. 10, 2012.
[31] Mohamen Naahee, PPM submits amendment to make enforcement of death penalty mandatory, Minivan News, http://minivannews.com/politics/ppm-submits-amendment-to-make-enforcement-of-death-penalty-mandatory-35044, Apr. 10, 2012.
[32] When the State Kills, email to DPW, DPW Maldives Doc. E-1, May 25, 2014.
[33] Human Rights Commission of the Maldives, Shadow Report on the International Covenant on Civil and Political Rights, p. 17, http://www.ccprcentre.org/doc/HRC/Maldives/HRCM_Maldives105.pdf, June 2012.
[34] Muizzu Ibrahim, Last chance for State to decide on President’s clemency clause, Haveeru, http://www.haveeru.com.mv/news/45832, Nov. 27, 2012.
[35] Muizzu Ibrahim, Last chance for State to decide on President’s clemency clause, Haveeru, http://www.haveeru.com.mv/news/45832, Nov. 27, 2012.
[36] Muizzu Ibrahim, Last chance for State to decide on President’s clemency clause, Haveeru, http://www.haveeru.com.mv/news/45832, Nov. 27, 2012.
[37] Ahmed Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[38] Daniel Bosley, Former home minister questions government’s sincerity regarding death penalty, Minivan News, http://minivannews.com/politics/former-home-minister-questions-governments-sincerity-over-death-penalty-85394, May 22, 2014.
[39] Ahmed Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[40] Ahmen Nazeer, Parliament accepts amendment to Clemency Act to uphold death sentences, http://minivannews.com/politics/parliament-accepts-amendment-to-clemency-act-to-uphold-death-sentences-18930, Apr. 18, 2011.
[41] ICCPR, art. 6(4), 999 U.N.T.S. 171, Dec. 16, 1966.
[42] U.S. Dept. of State, 2013 Human Rights Report: Maldives, Trial Procedures, http://www.state.gov/j/drl/rls/hrrpt/2013/sca/220399.htm, Feb. 27, 2014.
[43] Constitution of the Republic of Maldives, art. 56, Aug. 7, 2008, translation: Ms. Dheena Hussain LLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn), at the Request of the Ministry of Legal Reform, Information and Arts.
[44] U.N.G.A. Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, p. 9, U.N. Doc. A/HRC/23/43/Add.3, May 21, 2013.
[45] Draft Maldives Rules of Criminal Procedure, ch. 7, sec. 7.7, http://www.agoffice.gov.mv/pdf/subbille/CPCText.pdf, April 21, 2005.
[46] Draft Maldives Rules of Criminal Procedure, ch. 7, sec. 7.7, http://www.agoffice.gov.mv/pdf/subbille/CPCText.pdf, April 21, 2005.

Death Penalty In Practice

Where Are Death-Sentenced Prisoners incarcerated?

There are 6 prison establishments in the Maldives. [1] We do not know where death row prisoners are held. However, the recent regulation for implementation of executions indicates that death sentences will be carried out at Maafushi, the country’s largest prison. [2]

Description of Prison Conditions

In 2013, Maafushi prisoners petitioned the President, alleging that they were deprived of constitutional rights and rights conveyed by international treaties the Maldives is a party to as a result of poor prison conditions. [3] They alleged that their cells were so small they could not kneel to pray and that they were deprived of healthy food, clean water, and medical treatment. [4] It is unclear whether prisoners under sentence of death endure similar conditions or whether they are kept in different conditions or facilities.

In 2012, a Maldivian blogger jailed for his participation in a silent protest in the Maldives described the poor prison conditions he endured during his 24-day imprisonment in Male prison. [5] He was locked in a small room for 3 weeks with 11 other individuals. There was no airflow or ventilation. [6] There was no exercise, and prisoners were not allowed outside of the cell unless it was to use the toilet, which did not flush. [7] There was no medical treatment. [8] There was no bedding and prisoners were unable to stretch out and sleep properly due to the tight quarters. [9]

In January 2009, detainees in Maafushi prison reportedly went on a hunger strike due to the government's failure to deliver on promises made in December 2008 to address overcrowding, poor ventilation and lighting, inadequate medical treatment, and to institute rehabilitation and parole programs for prisoners. [10]

Are there any known foreign nationals currently under sentence of death?

There are no known foreign nationals currently under sentence of death. [11]

What are the nationalities of the known foreign nationals on death row?

No known foreign nationals are under sentence of death. [12]

Are there any known women currently under sentence of death?

Fathimath Hanna, an 18-year-old female, and her boyfriend were convicted of the murder of a prominent lawyer in the Maldives and sentenced to death in 2012. [13] She has appealed her sentence, [14] but we are unaware of the status of that appeal. It is possible that there are other women under sentence of death.

Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?

Yes. In 2013, the Juvenile Court convicted two minors of murder and sentenced them to death. [15] They have now reached age 18. [16] In May 2014, after the implementation of the Regulation on Investigation & Execution of Sentence for Willful Murder, a 16-year-old was charged with a gang-related murder. Two other minors—one 16 and one 14—were charged with lesser offences related to the crime. [17] One report indicates that the 16-year-old charged with murder was convicted, but whether this juvenile will be sentenced to death remains unknown. [18]

It is possible that there are other individuals under the sentence of death who were under age 18 at the time of the offense.

Comments regarding the racial/ethnic composition on death row

We were unable to ascertain the ethnic composition of death row.

Are there lawyers available for indigent defendants facing capital trials?

The Maldives does not have an enacted Code of Criminal Procedure, but it commissioned and obtained a draft code that was completed in 2005. The draft code, although supplying a general right to counsel, does not appear to require appointment of free legal counsel for indigent defendants. [19] In the absence of a code, reports indicate that while courts generally appoint a lawyer in serious criminal cases in which the accused cannot afford one, [20] the Maldivian police interfere extensively with the right to representation. Convictions are reportedly often obtained on the basis of tortured confessions obtained during interrogations where the police prevented the accused from having an attorney present. Many reported instances involve political offenses, foreign language speakers, or politically motivated charges. (Some of the offenses discussed were serious, but not all were capital.) [21]

Are there lawyers available for indigent prisoners on appeal?

The Maldives does not have an enacted Code of Criminal Procedure, but it commissioned and obtained a draft code that was completed in 2005. The draft code, although supplying a general right to counsel, does not appear to require appointment of free legal counsel for indigent defendants. [22] In the absence of a code, reports indicate that a Maldivian court may appoint a lawyer in a serious criminal case in which the accused cannot afford one. [23]

Comments on Quality of Legal Representation

The Maldives may suffer from a lack of criminal defense attorneys. In an older report from 2005, the International Commission of Jurists reported that only 10 attorneys (one quarter of private practitioners) regularly practiced criminal law, and the 110 non-private practitioners were legal officers in the government. The report did not specify whether any of the public officers performed duties as defense attorneys.Moreover, there is reportedly a lack of quality legal education to create new lawyers. [24] The mission of the Bar Association, formed in April 2013, is to improve the country’s standard of legal education and address other problems facing legal practitioners in the Maldives. The Association is not a formal statutory body, [25] nor does it appear that the Bar Association is the body tasked with regulating admission into the profession or supplying and enforcing its codes of conduct and ethics. [26]

In addition, there are concerns regarding the independence of the legal profession. The Attorney General’s Office acts as a regulatory body and issues licenses to practice. [27] In the Office’s latest strategic plan, priority actions include the development of a Legal Profession Bill and Code of Conduct for Lawyers. [28] The 2013 report of the U.N. Special Rapporteur on the independence of judges and lawyers noted that it is contrary to principles enshrined in the role of lawyers that licenses to practice law and disciplinary measure are in the control of the executive—in this case, the Attorney General’s Office. [29]

Other Comments on Criminal Justice System

The criminal justice system is inconsistent in its operation. The absence of any criminal procedure legislation, or even of any published court rules regarding procedural regulations, trial procedures, or evidentiary rules, is highly problematic. In May 2013, the U.N. Special Rapporteur on the independence of judges and lawyers stated that “[t]he judiciary needs to be given adequate tools, in line with the principles enshrined in the Constitution, to function properly and with legal certainty.” [30]

The criminal justice system is very decentralized in one aspect – trial courts are based in each inhabited island, and there is no “single central judicial authority” to regulate the application of law or judicial conduct. Meanwhile, it is centralized in another aspect—as the courts have no cohesion as an independent body of government, they are subject to executive control, and judges may seek the advice of an executive judicial committee and be subject to removal for making independent determinations. [31]

The country has been criticized for human rights violations embedded in its criminal justice system. As the country operates on Shariah law, some Shariah penalties are maintained. One of those is flogging. [32] Most of the flogging in the Maldives is done as a punishment for extramarital sex, and the majority of those flogged are women. [33]

The police and military forces of the Maldives faced international scrutiny for their violent opposition to peaceful demonstrators in 2012. [34] In the wake of the disputed resignation of President Mohamen Nasheed, Nasheed’s supporters who had taken to the streets to peacefully protest were subject to sustained and unnecessary beatings, arbitrary detention, and torture by police and military forces. [35] One report indicates that confessions in the Maldives are almost always obtained through coercive methods including torture. [36]

References

[1] International Centre for Prison Studies, World Prison Brief: Maldives, http://www.prisonstudies.org/country/maldives, last accessed May. 9, 2014.
[2] Muizzu Ibrahim, Maldives to use lethal injection for execution, Haveeru, http://www.haveeru.com.mv/news/53390, Jan. 23, 2014.
[3] Ahmen Nazeer, Maafushi Prison inmates petition president over poor conditions, Minivan News, http://minivannews.com/politics/maafushi-prison-inmates-petition-president-over-poor-conditions-58904, June 3, 2013.
[4] Ahmen Nazeer, Maafushi Prison inmates petition president over poor conditions, Minivan News, http://minivannews.com/politics/maafushi-prison-inmates-petition-president-over-poor-conditions-58904, June 3, 2013.
[5] JJ Robinson, Prison conditions “unchanged since Gayoom’s time,” Minivan News, http://minivannews.com/politics/prison-conditions-unchanged-since-gayooms-time-detained-blogger-30646, Jan. 11, 2012.
[6] JJ Robinson, Prison conditions “unchanged since Gayoom’s time,” Minivan News, http://minivannews.com/politics/prison-conditions-unchanged-since-gayooms-time-detained-blogger-30646, Jan. 11, 2012.
[7] JJ Robinson, Prison conditions “unchanged since Gayoom’s time,” Minivan News, http://minivannews.com/politics/prison-conditions-unchanged-since-gayooms-time-detained-blogger-30646, Jan. 11, 2012.
[8] JJ Robinson, Prison conditions “unchanged since Gayoom’s time,” Minivan News, http://minivannews.com/politics/prison-conditions-unchanged-since-gayooms-time-detained-blogger-30646, Jan. 11, 2012.
[9] JJ Robinson, Prison conditions “unchanged since Gayoom’s time,” Minivan News, http://minivannews.com/politics/prison-conditions-unchanged-since-gayooms-time-detained-blogger-30646, Jan. 11, 2012.
[10] U.S. Dept. of State, 2009 Human Rights Report: Maldives, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136090.htm, Mar. 11, 2010.
[11] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, Jan. 19, 2013.
[12] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, Jan. 19, 2013.
[13] Muizzu Ibrahim, Murrath, Hana sentenced to death for Najeeb’s murder, Haveeru, http://www.haveeru.com.mv/suspect_fathimath_hana/43523, July 19, 2012.
[14] Muizzu Ibrahim, Woman convicted of Najeeb’s murder appeals death sentence, Haveeru, http://www.haveeru.com.mv/suspect_fathimath_hana/46316, Dec. 19, 2012.
[15] Muizzu Ibrahim, Two 18 year olds sentenced to death for Bobby’s murder, Haveeru, http://www.haveeru.com.mv/news/48773, May 2, 2013.
[16] Muizzu Ibrahim, Two 18 year olds sentenced to death for Bobby’s murder, Haveeru, http://www.haveeru.com.mv/news/48773, May 2, 2013.
[17] Zaheena Rasheed, Three minors charged in gang murder, Minivan News, http://minivannews.com/crime-2/three-minors-charged-in-gang-murder-85212, May 20, 2014.
[18] Daniel Bosley, Former home minister questions government’s sincerity regarding death penalty, Minivan News, http://minivannews.com/politics/former-home-minister-questions-governments-sincerity-over-death-penalty-85394, May 22, 2014. The Malay Mail Online, Maldives condemned for sentencing minor to death, http://www.themalaymailonline.com/print/world/maldives-condemned-for-sentencing-minor-to-death, May 22, 2014.
[19] Draft Maldives Rules of Criminal Procedure, ch. 1, sec. 1.2, http://www.agoffice.gov.mv/pdf/subbille/CPCText.pdf, April 21, 2005.
[20] U.S. Dept. of State, 2013 Human Rights Report: Maldives, Trial Procedures, http://www.state.gov/j/drl/rls/hrrpt/2013/sca/220399.htm, Feb. 27, 2014.
[21] Intl. Commn. of Jurists, Attacks on Justice – Republic of Maldives, http://icj.wpengine.netdna-cdn.com/wp-content/uploads/2012/04/Republic-of-Maldives-Attacks-on-Justice-2005-Publications-2008.pdf, last accessed May 30, 2014.
[22] Draft Maldives Rules of Criminal Procedure, ch. 1, sec. 1.2, http://www.agoffice.gov.mv/pdf/subbille/CPCText.pdf, April 21, 2005.
[23] U.S. Dept. of State, 2013 Human Rights Report: Maldives, Trial Procedures, http://www.state.gov/j/drl/rls/hrrpt/2013/sca/220399.htm, Feb. 27, 2014.
[24] U.N.G.A. Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, p. 9, U.N. Doc. A/HRC/23/43/Add.3, May 21, 2013.
[25] Mohamed Nahee, Supreme Court challenges Maldives Bar Association for using the word ‘bar’ in its name, Minivan News, http://minivannews.com/politics/supreme-court-challenges-maldives-bar-association-for-using-the-word-bar-in-its-name-61545, July 25, 2013.
[26] Ahmen Naish, Bar Association expresses concern with AG office ceasing issuance of law licenses, Minivan News, http://minivannews.com/politics/bar-association-expresses-concern-with-ag-office-ceasing-issuance-of-law-licences-81254, Mar. 30, 2014.
[27] Daniel Bosley, Attorney General resumes issuing lawyer permits, Minivan News, http://minivannews.com/politics/attorney-general-resumes-issuing-lawyers-permits-82153, Apr. 9, 2014.
[28] Attorney General’s Office Republic of Maldives, Strategic Plan 2014-2018, p. 8, http://agoffice.gov.mv/pdf/downloads/Strategic_Plan_2014-2018.pdf, last accessed May 14, 2014.
[29] U.N.G.A. Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, p. 9, U.N. Doc. A/HRC/23/43/Add.3, May 21, 2013.
[30] U.N.G.A. Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, p. 9, U.N. Doc. A/HRC/23/43/Add.3, May 21, 2013.
[31] Intl. Commn. of Jurists, Attacks on Justice – Republic of Maldives, p. 2-4, http://icj.wpengine.netdna-cdn.com/wp-content/uploads/2012/04/Republic-of-Maldives-Attacks-on-Justice-2005-Publications-2008.pdf, last accessed May 30, 2014. Paul H. Robinson, Report on the Criminal Justice System of the Republic of Maldives: Proposals for Reform, p. 7-8, 10, http://www.unicef.org/maldives/Criminal_Justice_System_in_Maldives.pdf, last accessed May 9, 2014.
[32] Mariyath Mohamen, The culture of flogging in the Maldives: a systematic abuse of human rights, Minivan News, http://minivannews.com/politics/the-culture-of-flogging-in-the-maldives-a-systematic-abuse-of-human-rights-55092, Mar. 25, 2013.
[33] Mariyath Mohamen, The culture of flogging in the Maldives: a systematic abuse of human rights, Minivan News, http://minivannews.com/politics/the-culture-of-flogging-in-the-maldives-a-systematic-abuse-of-human-rights-55092, Mar. 25, 2013.
[34] Amnesty Intl, The Other Side of Paradise: A Human Rights Crisis in the Maldives, http://www.univie.ac.at/bimtor/dateien/maldives_ai_2012_the_other_side_of_paradise.pdf, Sept. 2012.
[35] Amnesty Intl, The Other Side of Paradise: A Human Rights Crisis in the Maldives, http://www.univie.ac.at/bimtor/dateien/maldives_ai_2012_the_other_side_of_paradise.pdf, Sept. 2012.
[36] Intl. Commn. of Jurists, Attacks on Justice – Republic of Maldives, http://icj.wpengine.netdna-cdn.com/wp-content/uploads/2012/04/Republic-of-Maldives-Attacks-on-Justice-2005-Publications-2008.pdf, last accessed May 30, 2014.

Decisions of International Human Rights Bodies

Decisions of Human Rights Committee

In 2012, the United Nations Human Rights Committee was concerned that the death penalty had not been abolished and that a proposed amendment to the Clemency Act would prevent the President from granting clemency as provided for in the Constitution. [1] The proposed amendment to Clemency Act has not been passed into law, [2] but it is unclear whether the 2014 Regulation on Investigation & Execution of Sentence for Willful Murder derogates presidential clemency power in intentional homicide and premeditated murder cases where the death sentence is passed or affirmed by the Supreme Court. [3]

Decisions of Other Human Rights Bodies

At the Maldives’ 2010 Universal Periodic Review, the UN Human Rights Council noted that the country had made significant strides in its effort to reform its justice system, including the ratification of a new Constitution in 2008. The Maldives rejected recommendations that it abolish the death penalty and accede to the Second Optional Protocol to the ICCPR, but noted its commitment to maintaining a moratorium on the death penalty. [4] The Maldives accepted the recommendation that its new Penal Code accord with international human rights standards but refused to abolish corporal punishment. The 2014 regulation implementing the death penalty directly undercuts the stance articulated by the Maldives in these responses.

References

[1] U.N., Consideration of reports submitted by States parties under article 40 of the Covenant, p. 4, Doc. CCPR/C/MDV/CO/1, Aug. 31, 2012.
[2] When the State Kills, email to DPW, DPW Maldives Doc. E-1, May 25, 2014.
[3] Ahmed Rilwan, Death penalty can be implemented starting today: Home Minister, Minivan News, http://minivannews.com/politics/death-penalty-can-be-implemented-starting-today-home-minister-83666, Apr. 27, 2014.
[4] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review: Maldives, para. 100(6), 100(55-57), U.N. Doc. A/HRC/16/7, Jan. 4, 2011. U.N.G.A Human Rights Council, Report of the Working Group on the Universal Periodic Review: Maldives, Views on conclusions and/or recommendations, voluntary commitments and replies presented by the state under review, para. 100(6), 100(55-57), U.N. Doc. A/HRC/16/7/Add.1, Mar. 14, 2011.

Additional Sources and Contacts

Direct member(s) of World Coalition Against the Death Penalty

None.

Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty

Human Rights Commission of the Maldives
Uthuru Vehi, 5th Floor,
Keneree Magu,
Male’, Republic of Maldives
Tel: + 960 3336539 / + 960 3344977 / +960 3003100
Fax: + 960 3338658
Toll Free Number: 1424
info@hrcm.org.mv

Helpful Reports and Publications

Most helpful are Prof. Paul H. Robinson’s varied reports on the subject of criminal justice reform, all of which are available at http://www.law.upenn.edu/cf/faculty/phrobins/.

Additional notes regarding this country

The Republic of Maldives is currently in the process of attempting to enact dramatic criminal justice reforms. It is likely that, in the coming years, there will be significant changes in its system, which should be closely observed. As of May 2014, the draft penal code including sentencing guidelines and draft criminal procedural code had not been passed by Parliament. [1]

References

[1] U.N.G.A. Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, p. 9, U.N. Doc. A/HRC/23/43/Add.3, May 21, 2013. Neil Merret, Maldivian courts failing to serve the public impartially: ICJ report, Minivan News, http://minivannews.com/politics/maldivian-courts-failing-to-serve-the-public-impartially-icj-report-16377, Feb. 21, 2011.

Search Tips   |    Research Methodology   |    Glossary   |    Search