HRCM welcomes High Court

The Human Rights Commission of the Maldives (HRCM) has welcomed the annulment of the controversial flogging sentenced passed on the 15-year-old minor convicted of fornication in Shaviyani Feydhoo.

HRCM said this in a statement published today that the case was appealed by the relevant government ministry following the flogging sentence passed by the Juvenile Court, and HRCM was granted amicus curie status on the appeal case.

“HRCM submitted an investigation report compiled taking into account safeguards, rights and protection afforded to a victim of child abuse under the Maldivian Constitution, Islamic Shariah and the international human rights standards. HRCM further stressed the findings of its investigation in the opportunities given at the hearings to highlight the rights infringed in the aforementioned case.

“HRCM welcomes the efforts made by the Ministry of Gender, Family and Human Rights as the legal guardian of the child and the ground breaking High Court ruling in accordance with the Maldivian Constitution, Islamic Shariah and the international human rights standards; especially the Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) as advocated by the HRCM. HRCM recognizes this as a positive step towards the promotion and protection of the rights of the child in the Maldives.”

The High Court said in its ruling earlier today that at the trial in Juvenile Court, the girl denied the statement she gave during the investigation. The court highlighted that a confession of fornication can be regressed if the sentence based on that confession has not been fully implemented.

The High Court also said that the statement given by the girl to the Juvenile Court included discrepancies. She also could not explain in detail the meaning of fornication and suffers from post-traumatic stress disorder, said the High court.

The Prosecutor General’s Office has refuted the claim that they had raised charges for the incident where the girl was abused by her stepfather. They said that the charges were for a separate incident, to which the girl had confessed in court.

Juvenile Court had said that the girl was convicted based on her confession and where she had conceded to fornication.

The State has raised charges carrying large prison sentences upon the girl’s mother and stepfather.