Hearing on abolishing clemency for death sentence cancelled

The hearing scheduled at High Court today for the case arguing to abolish the article in the Clemency Act which gives the President the power to grant clemency for convicts who have been given the death sentence, has been cancelled.

The case argues for the abolishment of Article 5 (1) and Article 21 of the Clemency Act.

Article 21, which deals with special procedures relating to death sentence, states, “Notwithstanding any other provision to the contrary in this Act, if the Supreme Court imposes the death sentence on a person, or if the Supreme Court upholds the decision of a lower court or the High Court imposing the death sentence, the President shall have the discretion under this Act to alter the death sentence to life imprisonment, taking to consideration the status of the offender, the relevant Sharia principles, State interest, and humanitarian standards. However, once the sentence is so altered, the altered sentence shall not be pardoned under any provision of this Act.”

The case was submitted by five individuals: Abdul Maaniu Hussain, Haa Alifu Ihavandhoo; Hussain Shaheed, Seenu Hithadhoo; Abdulla Shiyaz, Lhaviyani Naifaru; Abdulla Naseer, Gaafu Dhaalu Gadhdhoo; and Hassan Waheed, Haa Dhaalu Kurinbee.

Today’s hearing was cancelled because State representatives were absent.

At the last hearing on this case, the Attorney General’s lawyer requested the court to make a decision in accordance with Islamic Sharia.

The issuance of the verdict had been scheduled for today’s hearing.