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.
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