Two HRCM members concerned over Tholaal voicing opinions on article on penalties

Two members of the Human Rights Commission of the Maldives (HRCM) have expressed concern over HRCM Vice President Ahmed Tholaal voicing his opinions on the article in the Penal Code on penalties while speaking at a Parliament Committee, before the commission members had agreed on presenting their opinions on the matter.

HRCM members Ahmed Abdul Kareem and Dr Ali Shameem have voiced their discontent over Tholaal’s remarks at the committee meeting, where he highlighted that the article on penalties added to the Penal Code gives certain powers to the judges.

Tholaal said that his remarks followed discussions and agreements between the commission members.

He said that he did not speak against any Islamic penalties, however, one issue which is worrying is that the Penal Code does not specify the penalties of Islam, but leaves it at the discretion of the judge to deliver verdicts to determine penalties according to Islam, which could ‘result in discrimination’.

“We all accept that the Penal Code of the Maldives should be according to the principles of Islam. The Penal Code should be written to codify the penalties. The policy to follow, even if it’s according to Islamic Sharia, must be written down,” Tholaal said.

In an interview with Sun Online, HRCM members Ahmed Abdul Kareem and Dr Ali Shameem said that the members of HRCM discussed presenting opinions on the Penal Code and made certain decisions in this regard, but never decided to present opinions on the article on penalties.

They said that Tholaal expressing his opinions on the article on penalties was against the commission’s decisions.

Dr Ali Shameem said that the commission ‘discussed the article on penalties to some extent’, but it is not acceptable that opinions were voiced on an issue on which the commission had not reached a decision.

He said that not even the Vice President can speak about issues that have not been decided by the commission.

The new article added to the Penal Code states that if a person is convicted under the Penal Code of a crime for which a penalty is prescribed in the Quran, he must be sentenced to the penalty prescribed in the Quran and the Penal Code.