Sunday, August 10, 2008

Maldives constitution: no citizenship for non-Muslims


Washington – The Institute on Religion and Public Policy strongly condemns the new constitution ratified by the Maldives’ legislature yesterday. The constitution fails to provide basic guarantees of rights and freedoms in the country for non-Muslims and also violates internationally accepted human rights standards and norms.

Article 9, Section D states that “a non-Muslim may not become a citizen of the Maldives.” By denying citizenship to some people on the basis of their religion, the country is violating religious minorities’ freedom of worship.

“This denial of citizenship to non-Muslims is an extraordinarily harsh measure which places the Maldives among the worst countries in the world in regards to the legal foundation for freedom of religion and belief,” said Institute President Joseph K. Grieboski.

In addition to denying non-Muslims citizenship, the new constitution establishes several other precepts which threaten the freedom of religion. The new constitution favors Sunni Islam over other forms of Islam, establishes certain aspects of Sharia law in the Maldives and limits the freedom of expression and thought to “manners” which are “not contrary to a tenet of Islam.”

The Institute’s Expert Committee on Legislation and Implementation is currently crafting a comprehensive analysis of the new constitution for expected release in September.

www.religionandpolicy.org

Wednesday, February 13, 2008

Amendments to sentencing guidelines means sex offenders will face jail time

Amendments to the sentencing guidelines made by the Justice Ministry on Monday means that sex offenders will now be facing jail sentences rather than banishment. 

The changes were brought to Article 173, detailing the conduct of Court proceedings in the cases of sexual offenders, which gives the judges the authority to decide on the punishment in such cases. 

The Justice Minister Muiz Adnan said on Tuesday that one of the main reasons the amendments were made was because of the increase in sexual offence cases such as child abuse. He also acknowledged public pressure and demands from NGOs had played a key part in bringing about the changes. Earlier, paedophiles and other sexual offenders had enjoyed banishment sentences which had been interpreted by many as introducing the sexual predators to fresh hunting grounds. 

The Minister also said that the changes to Article 173 had been brought about after a lot of discussion with relevant authorities, and said that was one of the reasons the change had been so late in coming.
“The major change is the option which allows prison sentences for such crimes,” he said. “Now sex offenders can be given jail sentences ranging from 2 to 10 years. The length of the sentence can be determined by the severity of the crime and the gravity of the act.” 

The Human Rights Commission of Maldives welcomed the change and called it a great step in preserving the rights of the people. 

Additions to Article 173 also include the punishments for those who commit bestiality and practice prostitution. Although cases of bestiality are very rare in Maldives, prostitution is very common. The punishment for those convicted of bestiality is 39 lashes and three years in jail. If the offender had paid for the act with money then his jail sentence would be increased to 4 years in addition to the flogging. Adults who engage in prohibited sexual activities for money, both who pay for the service and those who provide the service, will be given 100 lashes and sentenced to three years in jail. 

Adults who engage in sexual activities for monetary profit will face eight-year jail sentences, ten if a minor is involved. The amendments also brought changes to the sentences for ‘sexual misconduct’, which includes sexual behaviour in a public place. Their sentences range from 15 to 25 lashes accompanied with 2-18 months in jail. New sentences are also outlined for those who “assist” in sexual misconduct. Earlier such offenders would have been given banishment sentences. 

Jail sentences are also given for those who engage in ‘sexual misconduct’ in places other than roads and public places and sexual assault. Those who engage in sexual activity with their own children, their children who are over the age of 16, and children not related them will also be given jail sentences. 

With the new amendments judges now will also have the power to pass jail sentences on those who commit adultery or engage in homosexual acts. 

Feb 13, 2008

Wednesday, January 30, 2008

Case of murdered Bangladeshi sent to Court again

The case of the brutal murder of a Bangladeshi worker in Haa Dhaalu atoll Kulhudhuffushi by a Bangladeshi co-worker has been sent to Court for the second time.

The Attorney General’s Office had previously returned the case to the Police for further investigation citing that there were several key aspects of the investigation that needed to be clarified before the case could be sent to Court.

Shafeegul Islam, 45, who had worked with Mogul Hussain, 28, in the same shop at Moony Manzil , had been charged and arrested for the murder of Mogul after the latter’s mutilated corpse had been found discarded in the woods near the Kulhudhuffushi Football Stadium.

“The case was sent back for further investigation because a lot of important information about the case had not been detailed,” the Assistant State Attorney Hussain Shameem had said when the case was first sent back to the Police. He said yesterday that the missing details had been now filled in and the trial would commence soon.

Shameem had said earlier that when the murder suspect had been presented to the Criminal Court’s judge to extend his custody period he had revealed some very important new information to the judge and the Police’s investigation had not delved into the newly revealed information. During the investigation Shafeegul Islam had confessed to having a homosexual relationship with Mogul and had also confessed to having attacked him with a deadly weapon. When Mogul’s mutilated body had been found near the stadium on 20 August 2007, he had been stabbed multiple times in the abdomen and his genitalia had been cut off.

Jan 30, 2008

Saturday, January 12, 2008

AG’s office sends murder case back to Police, cites incomplete investigation

The case of the Bangladeshi man who was charged with mutilating and murdering a fellow countryman in Haa Dhaalu atoll Kulhudhuffushi last year has been sent back to the Police by the Attorney General’s Office on the grounds that the investigation was not completed. 

Shafeegul Islam, 45, who had worked with Mogul Hussain, 28, in the same shop at Moony Manzil , had been charged and arrested for the murder of Mogul after the latter’s mutilated corpse had been found discarded in the woods near the Kulhudhuffushi Football Stadium. 

When asked about the case on Thursday, the Assistant State Attorney Hussain Shameem confirmed that the “case had been sent back.” 

“It was sent back for further investigation because a lot of important information about the case had not been detailed,” he said. “So we’ve requested that those details be filled in.” 

Shameem also said that when the murder suspect had been presented to the Criminal Court’s judge to extend his custody period he had revealed some very important new information to the judge and the Police’s investigation had not delved into the newly revealed information. 

During the investigation Shafeegul Islam had confessed to having a homosexual relationship with Mogul and had also confessed to having attacked him with a deadly weapon. 

When Mogul’s mutilated body had been found near the stadium on 20 August 2007, he had been stabbed multiple times in the abdomen and his genitalia had been cut off. 

Jan 12, 2008

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