Pedophile Suspects in 3 major Child Abuse Cases sentenced to prison

MALE’, Maldives- 1 foreigner and 2 locals who were pedophile suspects in 3 cases of sexually abusing minors investigated by the Family and Child Protection Department (FCPD) has been found guilty and sentenced to prison by the Criminal Court of Maldives.

The first case was reported in 2010 of a Bangladesh national, Mr. Mohamed Amirudheen (Age 29) who was brought into police custody on allegations of pressuring an 11 year old minor to engage in sexual activities. He was sentenced to 10 years in prison by the criminal court after the court held that he was found guilty of the charges presented. This case was investigated by Police Sergeant Ahmed Suzeel (Service No: 1496).

Second case was reported in 2011 of Mr. Hamid Qasim, a local 32 year old of ADh. Mahibadhoo who was arrested on charges for exposing a 15 year old minor diagnosed with special needs, to erotic material in the form of photographs and engaging the boy in sexual activities. He was given a sentence of 10 years as well after Court held him guilty for the charges. The case was investigated by Police Corporal Hussain Fahmee (Service No: 2081).

The third suspect found guilty on charges of repeatedly sexually abusing his 7 year old stepdaughter on a number of occasions was Mr. Moosa Didi resident of Dhafthar No. 4115 and was sentenced to 15 years in prison. The case was investigated by Police Lance Corporal Mohamed Irushad (Service No: 2058).

The Maldives Police Service urges the public to forward any information on such odious crimes against women and children in order for justice to be served for the victims. The Maldives Police Service will remain to be at the service of law abiding citizens and assures the public of our dedication in the mission to maintain law and order in the nation.

Via Maldives Police Service

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Summary: LGBT in Maldives, 2011

The Maldives achieved independence in 1965 and a 1968 referendum replaced the centuries-old sultanate with a republican system. Maumoon Abdul Gayoom, who took over as president in 1978 held onto power for nearly thirty years through a tightly controlled system of presidential referendums rather than competitive elections that severely reduced political space the Maldives.1 After political unrest in the early 200’s and a series of constitutional reforms Gayoom was unseated and his successor Mohamed Nasheed engaged in anticorruption measures, democratization, freedom of information reforms and press freedom.

Law criminalising same-sex sexual conduct. 

The Maldives Penal Code2 is not fully codified and there is no unified definition of criminal offences. Homosexual intercourse is criminalised under unwritten Sharia law, largely under sex outside of ‘proper’ marriage.

A report was commissioned in 2006 by the Attorney-General of the Maldives and the UNDP in view of a project to codify the penal laws and to insure more uniformity in their application.3 A report by the International Commission of Jurists in 2011 highlighted the need for reform of the Judicature and Penal Codes.4

Constitutional guarantees

Chapter II of the Maldivian Constitution 20085 sets out to protect a citizen’s fundamental rights and freedoms. Article 20 upholds a persons’ right to equality before the law and Article 24 protects the right to privacy. Article 10 states Islam as the religion of the state of the Maldives on which all laws are based. All rights and laws are subject to the qualification that they are not inconsistent with the tenants of Islam.

Law in action

The Maldivian newspaper Haveeru Daily reported in May 2011 of the arrest of an expatriate for having homosexual intercourse with a mentally ill boy.6 In 2009 they reported on the arrest of seven men for homosexual intercourse, two of which were reported as being local Imams.7 Another report referred to a teacher who was charged with homosexual relations with a student that was subsequently allowed to resume teaching pending trial and sufficient evidence.8 In 2003 Haveeru reported on the conviction of a Maldivian film star for engaging in lesbian sex, the participants were given nine months of house arrest and 10 lashes. The Rainbow Maldivian is a group which regards one of its aims as "connecting queer Maldivians together". They take a firm stance against discrimination based on sexual orientation.

During the 9th session of the UPR in November 2010 the Maldives rejected recommendations to decriminalise and to abolish corporal punishment, stating that they "they didn’t share the concerns about freedom of religion and the rights of LGBTI people".9

Constitutional challenges and Judicial review

A recent report has heavily criticised the independence of the judiciary.9 The Supreme Court and the High Court has the jurisdiction to enquire into and rule on the constitutional validity of statutes and the actions of the People’s Majlis – the popular term for the legislative body of the Maldives.11

Social Impact of the Law

An article in 2005 published by Haveeru stated that the choice of the Maldivian people of Islamic values and laws had Constitutional priority over UN advocated rights, using gay and lesbian unions as an example.12

Reference:

1. Freedom House, Freedom in the World 2011 - Maldives, 21 July 2011, available at: http://www.unhcr.org/refworld/docid/4e27e91d27.html [accessed 26 September 2011]
2. Maldives Penal Code Act 1/81, accessed at Maldives Government website, http://www.agoffice.gov.mv/pdf/sublawe/PC1.pdf (accessed 29 June 2011)
3. "Final Report of the Maldivian Penal Law & Sentencing Codification Project," Vol 1 Text of Draft Code. Prepared by P. Robinson and University of Pennsylvania Law School, commissioned by Office of Attorney General Maldives and the United Nations Development Project, accessed at Maldives Mission to United Nations website http://www.maldivesmission.ch/pdf/Penal_Code_1.pdf (accessed 29 June 2011)
4. "International Commission of Jurists raises courts concerns ahead of Maldives report launch," Minivian News, 16 February, 2011 http://minivannews.com/society/international-commission-of-jurists-raises-courts-concerns-ahead-of-maldives-report-launch-16182 and Amnesty International - Report on the Maldives 2011 http://www.amnesty.org/en/region/maldives/report-2011 (accessed 29 June 2011)
5. The Constitution of the Republic of the Maldives 2008, accessed at Maldives government website, http://www.maldivesinfo.gov.mv/home/upload/downloads/Compilation.pdf (accessed 29 June 2011)
6. "Expatriate worker arrested for homosexual sex with a mentally ill boy", The Haveeru Online, 30 May, 2011 http://www.haveeru.com.mv/english/details/36614/Expatriate_worker_arrested_for_homosexual_activity_with_mentally_ill_boy (accessed 29 June 2011)
7. "Seven men arrested for engaging in homosexual activity", The Haveeru Online, 08 Dec, 2009 http://www.haveeru.com.mv/english/details/28681/Seven_men_arrested_for_engaging_in_homosexual_activity (accessed 29 June 2011)
8. "Teacher arrested on charges of having homosexual relationship with student resumes teaching," The Haveeru Online, 04 June, 2009 http://www.haveeru.com.mv/english/details/27155/Teacher_arrested_on_charges_of_having_homosexual_relationship_with_student_resumes_teaching (accessed 29 June 2011)
9. ‘Maldives reviewed under the UPR: No freedom of religion despite considerable progress in other areas’ at International Service for Human rights http://www.ishr.ch/archive-upr/949-maldives-reviewed-under-the-upr-no-freedom-of-religion-despite-considerable-progress-in-other-areas accessed 31 Oct 2011
10. David Stephens ‘ICJ report reveals Maldives judiciary still not completely independent’ haveeruonline accessed at http://www.haveeru.com.mv/english/details/34946/ICJ_report_reveals_Maldives_judiciary_still_not_completely_independent 28 September 2011.
11. Article 143 (a) of the 2008 Constitution of the Republic of the Maldives.
12. "Basic rights of the people, and the supremacy of our constitution", The Haveeru Online, 11 July, 2005 http://www.haveeru.com.mv/english/details/11748/Basic_rights_of_the_people,_and_the_supremacy_of_our_constitution (accessed 29 June 2011)

via Human Rights Initiative

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President Dr Waheed assures that rule of law will be upheld

President Dr Mohamed Waheed has assured that rule of law will be maintained in the Maldives.

In a statement to the public after taking the oath of office following the resignation of Mohamed Nasheed, President Dr Waheed gave assurance to the public that no unlawful order would be issued to the Police, the Maldives National Defence Forces, or to any individual.

He stated that it was today the sovereignty of the Constitution was upheld and rule of law in its true sense was restored. He added it was today that people got the assurance of rule of law and the protection of law.

“The nation witnessed difficult times in the recent past, but today the Maldivian people have made a momentous decision.

“Following that decision…at any cost, the rule of law must be upheld,” said the President.

He said differences among political parties and the public must be set aside for the sake of national unity. He urged everyone to join hands for the public interest.

Speaking on transitional justice, the President said no law must be violated in any revenge against the past political leaders.

He appealed for advancing national peace and security.

via The President's Office

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Dr Mohamed Waheed sworn in as President

 

Dr Mohamed Waheed has sworn in as the 5th President of the Republic of Maldives. The President took his oath of office at the ceremony held at the People’s Majlis this afternoon. The oath of office was administered by Chief Justice Ahmed Faiz Hussain.

After the President was sworn-in, he signed the oath. Chief Justice Ahmed Faiz Hussain and the Speaker of the People’s Majlis Abdulla Shahid also signed the oath.

via The President's Office 

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Breaking News: President Mohamed Nasheed Resigns

 

President Mohamed Nasheed has announced his resignation as President in a statement made to the public. He made the announcement after signing a letter of resignation addressed to the Speaker of the People’s Majlis as per the Constitution.

In his resignation statement, President Nasheed said:

“I believe if I continue as the President of the Maldives, the people of the country would suffer more. I therefore have resigned as the President of Maldives”.

“I wish the Maldives would have a consolidated democracy. I wish for justice to be established. My wish is for the progress and prosperity of the people,” he said.

via The President's Office

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