MALDIVES: HUMAN RIGHTS COUNCIL CRITICS SLAMMED AFTER DEATH PENALTY REMARKS

September 16, 2014: the Maldives accused critics in the UN Human Rights Council of making statements “rooted on misrepresentation and media speculation”.
The response followed comments made by the Swiss delegation criticising the Maldives for its decision to allow the death penalty for minors.
“Switzerland condemns the recent decision of the Maldives Government to amend its legislation to permit the death penalty for children as young as 7 years old – this is a grave contravention of international law,” said the Swiss during 16 September’s session.
After announcing plans to end the 60 year moratorium on executions in January 2014, new regulations regarding the death penalty as well as introducing a new penal code were finalised in April. Combined, the rules allow for the sentencing of a minor to death, though execution cannot be carried out until the offender is 18-years-old.
Using its right of reply, the Maldives pointed out that its new penal code granted the “immaturity excuse” to all those under the age of 15.
“The Maldives once again would like to state on record that this Council is mandated to do serious work and it is appalling that statements made here are rooted on misrepresentation and media speculation,” said the Maldivian delegation.
Legal sources have told Minivan News that, while the new penal code does include the “immaturity excuse” – removing criminal responsibility from those under 15, Article 15c still allows for minors to be held accountable for hadd offences.
The Maldives legal system follows a combination of common law and Islamic Sharia, with homicide considered a hadd offence warranting a sentence of death.
Informing the Human Rights Council of the new Penal Code, the Maldives delegation called it “a hallmark piece of legislation that is intended to modernise the criminal justice system of the Maldives and to bring it on a par with international best standards.” (Sources: minivannews.com, 17/09/2014)