Penalty for staging coups reduced in Penal Code Bill

The penalty for staging coups against the government of Maldives or attempting to overthrow the government has been reduced in the new Penal Code Bill, which has been opened for public comments. The Penal Code presently in effect states the death penalty as the punishment for staging coups.

The new Penal Code Bill, which is quite different from the Penal Code that has been in effect since Ibrahim Nasir was the Prime Minister of Maldives, defines participation in a coup as physical participation in efforts to overthrow the government, and states that the penalty for this crime, based on its seriousness, is a prison sentence.

The present Penal Code, however, states in article 37 that whoever while within or outside the Maldives commits an act that can cause detriment to the Government of the Maldives, its independence or sovereignty or cause a part of the Maldives in terms of territory or population to be divested from the jurisdiction of the Government of the Maldives shall be death.

The Penal Code Bill was submitted to the parliament in 2006 and has been opened for public comments until 31 March.

It states that a prison sentence shall be given to traitors who use trained militants to overthrow the government. Trained militants are defined as groups that have been trained to use violence during protests held to overthrow governments.

The Penal Code Bill states that encouraging, ordering or instructing to overthrow the government is a crime; and talking to military personnel about overthrowing the government is also a crime.

Seventeen people were convicted of staging a coup on 3 November 1988. They were all sentenced to death, but their sentences were reduced by then President Maumoon Abdul Gayoom.

The death penalty was last implemented in the Maldives on 7 April 1953 during the presidency of Mohamed Amin Didi. Hakeem Didi of Ga. Nilandhoo was tied to a tree in Hulhule’ and shot in the head and chest after he confessed to having created poison and conducted black magic to kill President Amin.