The government has submitted a bill to Parliament outlining the procedures for imposing and carrying out the death penalty by hanging in the Maldives, including the legal requirements and safeguards that must be fulfilled by the state.
The bill, scheduled for its first reading at today’s afternoon parliamentary sitting, aims to establish clear procedures for imposing and enforcing capital punishment, while setting out all legal conditions that must be met before a death sentence can be carried out.
Under the proposed legislation, the death penalty can only be imposed after all specified legal requirements have been satisfied. In serious criminal cases, the courts must complete all stages of appeal and issue a final ruling before a death sentence can be enforced.
The bill also requires courts to ensure that the accused has been fully granted the right to legal representation at every stage of the investigation and trial. If the court determines that this right has not been adequately provided, the death penalty cannot be imposed on the individual.
A special seven-member panel will be established to oversee the execution process. The panel will include a prosecutor appointed by the Prosecutor General from among the prosecutors at the Prosecutor General’s Office, a representative appointed by the highest fatwa-issuing authority, and representatives from relevant institutions. A quorum for the panel’s meetings will consist of four members.
The panel will have the authority to issue execution orders and review relevant dates and arrangements concerning the implementation of the sentence.
According to the bill, executions will be carried out by placing a noose around the convicted person’s neck and tightening it to cause death by hanging. The Maldives Correctional Service will be responsible for carrying out the execution, while technical standards for the equipment used must be established through regulations.
Before the execution, the convicted person must be given an opportunity to meet with their family and make a final will.
Those required to attend the execution include the Prosecutor General or a representative appointed by the office, as well as senior officials from relevant institutions. The bill also prohibits the public broadcasting or displaying of any footage or audio of an execution.
The legislation further stipulates that decisions concerning the wishes of the deceased victim’s heirs, including whether they seek retribution or grant forgiveness, must comply with Islamic principles. If the victim’s heirs submit any matter concerning the case to the court, the execution must be postponed until the court reaches a decision.
Following the execution, the deceased person’s body must be handed over to their family. If the family does not wish to take custody of the body, the relevant state authorities must arrange the burial in accordance with Islamic principles.
If an execution is interrupted for any reason after it has begun and cannot be completed, the process must be stopped immediately and the panel informed.
The bill was submitted amid amendments to the country’s laws allowing the death penalty to be imposed on individuals involved in smuggling narcotics into the Maldives.
Several individuals convicted of intentional murder cases have already exhausted the Supreme Court appeal process and remain on death row.
