Issue of death penalty by lethal injection opened for public opinion

The bill on determining the implementation of the death penalty by lethal injection, penalty for murder and other principles governing the crime of murder has been opened to the public to submit their opinions and comments.

Speaking to the press, Attorney General Azima Shakoor said today that this bill is based on research carried out by the Attorney General’s (AG) Office, and that it states that the death penalty will be implemented by lethal injections. She said that this decision is not final and that it is subject to change with reflection to opinions from other parties.

Azima said that the methods of death penalty implementation procedure and legal framework of Egypt, Malaysia and the United States of America were researched when the bill was drafted, and that lawyers and religious scholars in the Maldives were also consulted in this process.

She said that the bill is now open to the public to submit comments, and the opportunity for every individual citizen to submit their view will stay open for a period of one month.

“We have now asked the public to share their opinions regarding this bill. This opportunity will stay open for a period of one month. The draft bill has been published on Attorney General’s Office website,” said Azima.

She said that the bill includes procedures on investigation and trial proceedings for murder cases and that the bill states that the person facing allegations will have the right to a lawyer throughout the process.

She also said that the bill makes it mandatory for the state to appoint a lawyer for a person facing murder allegations, even if the person waives his rights to a lawyer.

Azima said the bill states that a lower court must have a bench of three judges, the High Court a bench of five judges, and the Supreme Court all its judges preside over murder cases.

She also said if the person facing allegations decides to waive his right to appeal after a ruling from a lower court, the bill makes it mandatory for the High Court and Supreme Court to review the case and announce their verdicts.

“It also states how the judges panel should be composed for presiding over murder cases. According to the bill, a death penalty ruling may only be given only if the entire judges panel votes unanimously in favour of doing so. During stage one the lower court must assemble a panel of three judges to preside over the case, during the stage two high court must assemble a panel of five judges to preside over the case and during stage three, the supreme court must assemble a panel of seven judges to preside over the case. A judge educated in Islamic Sharia should be present amongst the judges, and execution cannot be carried out unless all 15 judges vote unanimously in favour. It states that even if a person waives his right to appeal, the highest court will have to review the case and pass a sentence for the penalty to be carried out,” said Azima.

Azima said that the bill also states that, official court statements from heirs of the victim in relation to murder cases, shall only be obtained after 21 days have passed after the incident, and that even if death penalty is issued after all heirs state that they want the death penalty, it should be checked with the heirs if they still want the death penalty before the sentence is implemented.

She also said that a committee composed of the Chief Justice, the Attorney General, the Prosecutor General, Human Rights Commission of the Maldives, Islamic Ministry, and Home Ministry shall review the case further to make certain that the penalty should be implemented, even after the Supreme Court decides that the case fulfills all possible legal criteria for execution.

“A committee consisting of the Chief Justice, Attorney General, Prosecutor General, Human Rights Commission of the Maldives, Islamic Ministry, and Home Ministry has to certify that the sentence passed fulfills all legal criteria, and that the perpetrator must have his last legal rights. There shall be no media coverage of the execution,” said Azima.

Azima said that because murder cases must also be carried out in accordance with Islamic Sharia, the opportunity of a retrial has also been provided in the bill for persons sentenced to death before the bill is ratified.

“The people currently facing execution in the Maldives will have the opportunity of a retrial under this bill. This is because the legal framework has been overhauled. The penalty and court proceedings had to be stated because this has to be carried out in accordance with Islamic Sharia,” said Azima.