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The proposed legislation outlines conditions for courts to impose death sentences, procedures for carrying out executions and circumstances in which executions may be postponed.
Mariyam Adheela
MALE’: A bill establishing the legal framework for imposing and carrying out the death penalty in the Maldives has been submitted to Parliament.
The bill was submitted on behalf of the government by Guraidhoo constituency MP Hanaan Mohamed Rasheed.
The proposed legislation sets out the conditions that must be met before a court can impose a death sentence, the responsibilities of the state in carrying out an execution, the rights of convicted individuals and circumstances in which an execution must be postponed.
It also aims to establish clear legal procedures governing the implementation of death sentences in the Maldives.
Under the bill, the death penalty is defined as a court order to execute a person found guilty of a criminal offence following proceedings in a Maldivian court.
The legislation identifies five conditions that must be fulfilled before a court can impose the sentence.
These include ensuring that the offence is specifically punishable by death under the law, that the case has been heard and concluded by courts at all three levels, and that the trial has been conducted fairly and transparently.
The accused must also be provided with legal representation. In murder cases, the victim’s heirs must choose to exercise their right to qisas.
The bill states that procedures for carrying out a death sentence can begin six months after the Supreme Court delivers its final judgment.
A seven member panel will oversee the execution process, while the Maldives Correctional Service will be responsible for maintaining the panel’s secretariat.
The panel will be tasked with setting the date and time of an execution, determining whether there are grounds to postpone it, reviewing the arrangements and preparing and issuing the authorisation required for the execution.
The proposed legislation also outlines circumstances in which an execution may be delayed.
These include cases where the convicted person is ill, is pregnant or is a woman with a child below the age of two.
An execution may also be postponed if the convicted person has filed an appeal against the sentence, until the court reaches a decision on the appeal.
The bill further states that an execution must be delayed if the individual’s physical or mental health is below the required standard, until their condition improves.
Under the proposed legislation, the death sentence will be carried out by hanging.
The Maldives Correctional Service will be responsible for planning and managing all practical arrangements related to the execution.
Executions must take place in a location that is not accessible to the public. Recording or making public any images or sounds of the execution will also be prohibited.
The bill has been submitted to Parliament and remains subject to the legislative process.
