33. The State should expedite the revision of existing Penal Code, and bring into force the Criminal Procedure Code and other legislations pertaining to evidence and witness protection. The State should further establish effective rehabilitation mechanisms for offenders, better prisons and correctional facilities to house and to rehabilitate criminals and to strengthen effective coordination between drug rehabilitation system and criminal justice system. The state should introduce a nationwide program to engage unemployed youth in civic education and social cohesion programs that would support themselves and the society. Enforcement of Death Penalty 34. Article 10(a) of the present Constitution stipulates that the religion of the Maldives is Islam and Islam shall be the one and only basis of all the laws of the Maldives. Additionally, article 10(b) stipulates that no laws contrary to any tenet of Islam shall be enacted in the Maldives. Thereby, the basis of the Maldivian Penal Code is Islamic Shari’ah. Hence, the current Shari’ah tenets give the courts the power to pronounce capital punishment for offences like, murder, and crimes against community. 36. Death penalty was last enforced in 1953 for attempted murder of the first President of the country by using black magic. From January 2001 to December 2010, a total of 14 people were sentenced to death by the courts and none were below 18 years of age. However, the sentences were never implemented and were commuted to life imprisonment with more leniency afforded to certain cases13. 37. The previous Constitution (the Constitution from 1997 to 2008), placed the President as the highest authority of appellate in the judicial process and gives the power to commute death sentences to life imprisonment if the convicts apply for clemency. So as a practice all Chapter: Article 6‐ Right to Life 35. It is important to note that child offenders may be sentenced to death in the Maldives under Islamic Shari’ah. The Article 6 of Regulation on Conducting Trials, Investigations and Sentencing Fairly for Offences Committed by Minors states that, children from 15 years of age till 18 years of age should bear criminal liability in respect of all offences committed by them. Furthermore, the Article states that minors should receive two thirds of the minimum penalty stated in the law and also gives the discretion where no minimum penalty is stated. However, according to article 5, minors from attainment of 10 years of age, till completion of 15 years of age, is liable to bear criminal responsibility of some offences such as unlawful intentional killing of human beings, other offences relating to homicide and participation in such offences. Neither the Penal Code encompasses provisions on penalties for offences committed by minors nor does the Juvenile Justice Bill explicitly proscribe death penalty. 17

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