Death Penalty Bill to be open for public poll

Press Secretary Abbas Adil Riza has said that the death penalty implementation bill drafted by the Attorney General at the request of President Dr. Mohamed Waheed Hassan will be open for public poll soon on the website of the Attorney General.

Abbas said that the bill will be sent to the Peoples’ Majlis with the thoughts of the public regarding the bill.

Abbas said that the President Dr. Waheed ordered to draft the bill within 3 weeks time on October 9. He said that this was done after holding discussions with the relevant authorities. He said that all the leaders who participated in these discussions requested the President that a law should be passed to implement the death sentence verdicts issued by the Courts of law.

Despite some raising concern over the implementation of the death sentence, Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed said that the Qisas verdicts must be implemented. He said that the ruler does not have the choice to give clemency to murders and change the death sentence.

Via Miadhu News

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Posted in: Politics / Religion

“Worst fears over HIV coming true”: Health Minister

Minister of Health Dr Ahmed Jamsheed Mohamed has expressed concern about the risks of HIV spreading rapidly in the Maldives, stating that “our worst fears seem to be coming true.”

Jamsheed said that although the Maldives had remained on the HIV less-prevalent category since the first HIV positive case was found in 1991, “all the habits that may lead to the spread of HIV is excessively in practice here,” stating that it was only through “incredible luck” that the disease had not already spread widely throughout the country.

At the press conference on Sunday, Jamsheed said: “What has always worried me most is that there is a large drug community, and that the virus might find its way into this group, especially the IV drug users. Once it does, it will spread like wild fire.”

“I don’t think this is too far off now. We have already identified one IV drug user who has been infected with HIV. What’s left is to see how much this has spread,” Jamsheed revealed.

Jamsheed further cautioned against assuming that the HIV virus would stay within the injecting drug user circle, pointing out that some drug users do so in secret, and that many are married to non-drug users who could just as easily be infected with the virus.

Minister of State for Health Lubna Zahir Hussain, who heads the National Drug Agency (NDA) and Centre for Community Health and Disease Control (CCHDC) Director Maimoona Abu Bakr said that both their departments were taking preventive measures against the spread of HIV.

Jamsheed, too, said the NDA’s efforts to help drug users out of their addiction is a preventive measure against HIV as drug users are most at risk.

Meanwhile, the CCHDC is working with civil society groups like Journey, Society for Women Against Drugs (SWAD) and regional NGOs to spread awareness about STIs and HIV, and to encourage the public to change their habits to ways that present less risk of contraction.

Practical action or the moral high ground?

Jamsheed said that he believed there were issues which needed to be opened to a “national debate” in order to move forward and take stronger preventive measures.

“We can simply stay inactive and keep talking for any amount of time by assuming the moral highground,’ Jamsheed said at Sunday’s press conference.

“That is to claim that we are Muslims, and by living in a Muslim state in Muslim ways we are doubtless protected from this disease. But that is never the reality anywhere in the world,” he said.

Jamsheed said it was unrealistic to assume all Muslims to live as “perfect Muslims”, and that even if they were, there was still a chance of infection. He stated that HIV is not transferred through sexual activity or visits to prostitutes alone.

“This is an argument I do not accept,” he said. “I presume that those among us who are already infected are also Muslims, being Maldivians. Of course, there are certain protections that being in a Muslim community affords us. For example, all of us men have been circumcised, which is proven to provide protection against STIs. To put it short, we need to work on more practical forms to prevent the spread of HIV.”

Sexual promiscuity elevating risks

The minister further spoke of the risks of promiscuity in the society, referring to the 2010 case where police arrested an HIV positive prostitute. He stated that the same prostitute had been identified in the Maldives as being HIV positive in the year 2009 as well, emphasising the risks to the spreading of HIV that such events presented.

Prior to his appointment as Minister of Health, Jamsheed had written about hisconcerns regarding the spreading of HIV in his personal blog, speaking about the “sexually active” lifestyle of the Maldivian people, which created a higher risk of infection.

“Maldivians have always been a sexually very active and promiscuous community. We have a very high divorce and remarriage rate, which increases the number of sexual partners any individual has over their lifetime. It is also a known fact that despite being a Muslim community, a lot of Maldivians have multiple extramarital relationships,” he had written then.

CCHDC’s Maimoona Abu Bakr also highlighted that “undesired sexual acts”, prostitution, injecting drug users and homosexuality proved to be some of the greatest challenges to preventing the spread of HIV.

In 2011, a total of 18 HIV positive cases were reported, out of which one was of a local. Between 1991 and 2011, 15 HIV cases were reported among Maldivians, while 168 cases of expatriate workers were also filed. Two out of the 15 cases were female, and all patients cited heterosexual transmission as the cause of infection.

Via Minivan News

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In other coverage: Via Miadhu News

Risk of AIDS exposure to the public increased- Dr Jamsheed

Minister of Health Dr Ahmed Jamsheed Mohamed has said that the risk of AIDS exposure to the public has increased with the increase of injecting drug users who may share contaminated needles. The Minister said that a person who has been infected in that manner have been found in the Maldives recently.

Speaking to the media, Minister Dr Jamsheed said that there is fear of an AIDS epidemic among such drug users and others because of this. He said that by the grace of Allah, compared to many countries in the region, Maldives has a low prevalence of the disease. He stressed that if the causes for the spread of AIDS is present then the chance of an epidemic is high.

Dr Jamsheed said that AIDS is not only spread sexually but also there are other causes. He uncersocred the importance of taking preventive measures against the spread of the disease. He said that those who are visiting brothels should take heed that they are risking their lives and the lives of their families and should stop taking this risk immediately.

“A foreign prostitute had AIDS was deported in the year 2007. This same woman was again back in Maldives in the year 2009. This is something that those who visit such brothels should think about,” he said.

The Minister highlighted the importance of Islamic education to children. However he said that it alone is not a solution to this problem.

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Posted in: Health / HIV

Local actor and famous transsexual among six arrested for possessing illegal drugs

Police have arrested local actor Ibrahim ‘Dhaas’ Giyas along with another man and four women while they were inside a house in Galolhu ward, in possession of illegal drugs and a large amount of cash.

In a statement, police said two men and four women were arrested for being in possession of illegal drugs inside the house. The statement did not reveal the identity of those arrested, but local newspapers confirmed that Giyas was among those taken into custody.

According to police, the group was inside a house called Kamadhoo when police officers searched their room on the ground floor, and discovered six bullet-sized rubber packets containing suspected illegal drugs and MVR 71,470 (US$4640). In a further search, police found 15 more packets containing suspected illegal drugs, empty rubber packets, and US$50.

A forged US$100 dollar note and a 500ml empty water bottle containing suspected alcohol were also discovered inside the room in the first floor of the house, according to the police statement.

Police said the arrested women were aged 21, 23, 31 and 18, while the two men were 31 and 45 years-old.

Local newspaper ‘Haveeru’ reported that the court had previously sentenced Giyas on charges of homosexuality.

Haveeru identified the other man arrested as Mirufath Haneef ‘Hanee’, a well-known local tailor, who was also previously sentenced with Giyas on homosexuality charges.

Via Minivan News

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Posted in: Society

Religious NGO plans Male’ protest in support of death penalty

Religious NGO “Muslimunge Gulhun” yesterday told local media that it is organising a demonstration calling on the state to implement and enact the death penalty.

The demonstration, to be called ‘Thanfeez’ – translated as “implement – is scheduled to be held at 4:oopm on Friday (October 19) at the Artificial Beach area of Male’.

The demonstration will mainly focus on advocating for the death penalty, which organisers believe will to bring an end to murders occurring in the Maldives, according to a press briefing held at Muslimunge Gulhun head office. The NGO further stated that the demonstrations would also be used to advocate for the penalties of other crimes to be aligned with Islamic Sharia.

Minivan News was unable to locate contact details for the NGO, while Minister of Islamic Affairs Sheikh Shaheem Ali Saeed and State Minister for Islamic Affairs Mohamed Didi were not responding to calls at the time of press.

However, one event organiser, Ajnadh Ali, is quoted in local media as saying that participants of the demonstration were expected to range from religious scholars to young people with a love for Islam. He further claimed that the demonstration was being planned by people that did not directly represent any specific organisation.

Organiser Sheikh Azmath Jameel stated, “The country has come to the state it is at now because the penalties laid out in Islamic Sharia have not been implemented. I call on every Muslim to join this demonstration.”

Ali Nazeer, another of the event’s organisers, spoke against opening up issues like death penalty to public debate, adding any such discussions should not be entertained in fear of how the international community may react to the implementation of Islamic Sharia.

Although death sentences are issued by courts in the Maldives, traditionally those sentences are commuted to life imprisonment under the power vested in the President.

From January 2001 to December 2010, a total of 14 people were sentenced to death by the courts. None of these sentences have been carried out.

The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republican President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

However, the government of President Dr Mohamed Waheed Hassan has announced its intention to submit a bill to parliament to facilitate the implementation of the death penalty.

Via Minivan News

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Posted in: Politics / Religion,Society

Revised penal code to be sent to Majlis

Naifaru MP Ahmed Mohamed has told Sun Online that a review of the Penal Code is due to be sent to the Majlis later this month.

The bill – first sent to the Majlis in 2006 – is set to replace the 1961 code, and includes 1204 articles, reported Sun.

“We are now completing the pending items which were set aside earlier, and obtaining opinions of different groups on these matters. If the Parliament continues without disruption, we can send the bill to the Parliament floor before the end of the month,” Ahmed said.

“The penalties have been revised to suit current times. Exile has been eliminated almost completely,” he added.

Ahmed said the bill was long-overdue, having been delayed due to parliamentary unrest and lack of space. He anticipated that the bill would pass without major debate.

Via Minivan News

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Posted in: News

Threat of HIV pandemic in Maldives: State Health Minister

State Health Minister Lubna Mohamed Zahir Hussain on Wednesday night said that there is an increased risk of the HIV spread in the Maldives.

At the ceremony held at Traders hotel to celebrate the conclusion of the United Nations Development Program (UNDP) five year project to raise awareness on Aids, financed by the Global Fund, State Health Minister and National Drug Agency Chairperson Lubna said that it has been found that there has been an increase in behavior leading to HIV in the Maldives. She highlighted that the risk for the young generation from these acts is high.

“Such things (dangerous actions) can cause an increased spread of HIV in the Maldives,” Lubna said.

She also highlighted that there is an increased amount of cases of illegal narcotic injection same as in other regional countries and that it is an issue of concern in which much awareness is needed.

She said that there has been an HIV prevention program launched in the Maldives in 1987 while the first HIV case in the Maldives was recorded in the year 1991. She added that since then, there has been much work done to mitigate the risk of HIV.

In the ceremony, President Mohamed Waheed Hassan Manik said that the UNDP project was carried out with much help for the local NGOs. President Waheed congratulated and thanked the UNDP and the local NGOs for successfully concluding the project and assured that the government will not stop the work towards preventing the spread of HIV.

The global fund financed project to raise awareness among the public towards the prevention of HIV was started in the year 2006. While many locals and expatriates were briefed on the issue of preventing the spread of HIV, the project also aimed to increase the quality of the health sector.

UNDP representative Andrew said that the project received a lot of cooperation from the NGOs and the health ministry. He said that the project was aimed at increasing the awareness among the community and that it had succeeded in doing so within the period. However, he said that he had noticed that many are increasingly exposed to the risks through their own actions. He added that some had been tested positive for HIV during the period of the project. Andrew also stressed on the importance of prevention of HIV.

UNDP holds a function at Traders Hotel on October 10, 2012 to mark the end of a five-year HIV/AIDS awareness program supported by the Global Fund. Videography: Mohamed Sajid.


 Via Haveeru

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Posted in: Health / HIV

Waheed government submits bill to facilitate death penalty

The government has announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

“It is currently a punishment passed by the judiciary and a form of punishment available within the penal system of the Maldives,” said Home Minister Dr Mohamed Jameel Ahmed.

“But for full guidance and matters governing the matter, legislation is required,” he added.

Judiciary and human rights

The last execution in the Maldives came in 1953 when Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

Since that time, the Maldives has retained the practice of the death penalty for murder although Islamic Shariah tenets also give the courts the power to pronounce capital punishment for offences such as sodomy, fornication, apostasy and other crimes against the community.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

Jameel said that there was to be no re-consideration of the Clemency Act but that “necessary reform to legislation governing the criminal justice system will be undertaken by the government.”

Concerns over the judiciary were confirmed in the Commission of National Inquiry (CNI) report which investigated the events surrounding the resignation of former President Mohamed Nasheed in February.

The final report recommended that immediate steps be taken to improve the performance of the judiciary.

“The judiciary must enjoy public confidence and where there are allegations about judges’ conduct, the Judicial Services Commission must act in a timely and definitive way and report,” read the report.

Aishath Velezinee, formerly Nasheed’s appointee to the Judicial Services Commission (JSC), has said that corruption and an unreformed judiciary were the primary causes of crime in the country.

“Islam upholds justice, and not only has death penalty; it has very clear qualifications for judges too. Neither MP Mahloof, nor any of the Sheikhs, has expressed alarm that the judges are far below standard and some of them are convicted criminals themselves. This is pure politics and abuse of Islam,” she told Minivan News in a previous interview.

In July, the UN Human Rights Council (UNHRC) said it was “deeply concerned about the state of the judiciary in the Maldives,” as well as calling for the abolition of the death penalty, in order to ensure the Maldives’ compliance with International Covenant on Civil and Political Rights (ICCPR).

After speaking with a Maldivian delegation headed by Jameel, the council released a statement saying that the state had acknowledged both that the independence of the judiciary was severely compromised and that the death penalty did not deter crime.

Today marks World Day Against the Death Penalty – organised by an alliance of more than 135 NGOs, bar associations, local authorities and unions seeking the universal abolition of capital punishment.

Read More via Minivan News

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Posted in: Politics / Religion

Judicial statistics show 90 percent of those convicted for fornication are female

Almost 90 percent of the people found guilty of “Zina” – fornication – and sentenced to flogging in 2011 were female, according to new statistics published by the Department of Judicial Administration last week.

A total of 129 fornication cases were filed last year and 104 people sentenced, out of which 93 were female. This includes 10 underage girls (below 18), 79 women between age 18-40 and and four women above 40 years.

Of the 11 males who were sentenced, only one was a minor, with the others aged between 25-40.

Compared to 2010, the overall sentences in fornication increased by 23 percent in 2011, but the number of males sentenced for flogging decreased by 15 percent while the women increased by 30 percent.

According to Maldivian law, a person found guilty of fornication is subjected to 100 lashes and sentenced to one year of house arrest or banishment while a minor’s flogging is postponed until she or he reaches 18.

It takes four witnesses or a confession to prove the offence in court based on Islamic Sharia. The Maldives’ legal system consists of elements of both common law and Sharia.

Earlier this year, the Maldives made international headlines when a 16 year-old girl was sentenced to 100 lashes and eight months house arrest by Hulhudhufaaru Magistrate Court in Raa Atoll, for fornication while the 29 year-old man  was sentenced to 10 years imprisonment after finding him guilty of sexually abusing the girl.

Being a minor, the court stated that the girl’s sentence would be implemented when she turned 18.

In November 2011, UN HIgh Commissioner for Human Rights, Navi Pillay, speaking in parliament, raised concerns about the issue of flogging in the Maldives and urged the authorities to stop the practice.

Speaking on the issue, Pillay said, “This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country.”

However, her statements and calls for discussion on the issue were met with outrage from the opposition and religious Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry itself dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

Minivan News could not verify if all the people sentenced last year had been flogged at the time of the report’s release, although former Former Minister of Gender and Family Aneesa Ahmed confirmed that the sentences were being carried out.

The Judicial Sector Statistics Report 2011 highlights the sheer scale of the long-known and unaddressed issues of gender bias in the justice system.

A 2004 UNICEF study titled “Gender issues in the Maldives Criminal Justice System” raised serious concerns over cases of ‘Zina’ – both consensual and non-consensual alike.

As rape was at the time and is still defined as “forced fornication”, as with any other fornication case, four witnesses or a confession is still required by the court to prove rape.

“In these cases a woman’s accusations need to be verified by two men or four women, thus, rape and sexual violence remain impossible to prove in virtually all cases,” the 2004 study noted.

The prosecutor general’s office had earlier confirmed that as these two necessary elements are almost impossible to find, in all rape cases the suspects are charged with forced sexual misconduct, which carries a lesser punishment.

However if the victim is a minor, the PG says that such cases are tried under the 2009 Act on Stipulating Strict Punishment for Child Abusers.

This is the major reason why no rape cases were found in the new statistics revealed by the judiciary despite the high number of reported rape cases. It is also likely that rapes involving minors have fallen into the category of child abuse while others have been categorised under forced sexual misconduct.

However, its also noteworthy that in 2010, eight men were convicted for forced sexual misconduct but the following year the sentenced decreased by 50 percent. Out of the men charged with forced sexual misconduct in 2011, six walked free while only four were sentenced.

The 2004 study further added at the time the current law establishes a minimum age limit of 18 for a person to receive adult punishments, but one of the three exceptions is “if the woman has had a child.”

The Judicial report 2011 says that 10 females were convicted for “giving birth outside a wedlock”, including a minor – a criminal offense which explicitly is directed at women and carries a sentence of maximum one to two years house arrest.

The UNICEF study explained that the current law allows for a young woman under the age of 18, who has been a victim of sexual abuse and is consequently pregnant, to receive lashings in a public setting.

“The victim must then endure the pain and public humiliation of her situation, both the illegitimate pregnancy and the public lashings, which have significant ramifications for her subsequent life opportunities. The perpetrator, on the other hand, is likely to remain publicly unidentified.” it noted.

After visiting the country in November last year, UN Human Rights Chief Navi Pillay called for a moratorium on corporal punishment, describing it as “inhumane and degrading.”

“This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country,” said Pillay.

Via Minivan News

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Posted in: Society