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Tuesday 04 Feb 2025
LOCAL EDITION
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LOCAL EDITION
High Court has issued a ruling stripping the President of the power to grant clemency for murder convicts after they are given the death penalty.
The ruling came in relation to a case filed by five individuals requesting the annulment of Article 21 and Article 5 (a) of the Clemency Act.
The case was filed by 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.
Prior to the ruling, Article 21 of the Clemency Act, 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 High Court ruling issued on Monday applies only to murder convicts – still allowing the President to pardon and grant clemency as per Article 21 for convicts who receive the death penalty for crimes excluding murder.
The request to annul Article 21 was unanimously rejected by the panel of five judges presiding over this case.
Death penalty for murder convicts is prescribed in the Holy Quran.
Death penalty is also issued in the Maldives for terrorism convicts, as per the Prevention of Terrorism Act.
The new ruling compels the head of state to ensure death penalties against murder convicts are implemented.
The five presiding judges were Judge Abdul Raoof Ibrahim, Judge Abdulla Didi, Judge Abdulla Hameed, Judge Ali Sameer, and Judge Sujau Usman.
