An amendment has been submitted to the Penal Code to make genocide and calling for it a criminal offense, with harsher penalties for individuals holding senior state positions.
Included in the bill submitted on behalf of the government by MP for Maafannu South constituency Abdulla Rifau is adding the crime of genocide to the Penal Code. Accordingly, carrying out specific acts against a group belonging to a particular nation, race, ethnicity, or religion is an offense.
They are:
- Killing members belonging to such a group.
- Inflicting serious bodily or mental harm on members belonging to such a group.
- Knowingly and intentionally subjecting members belonging to such a group to conditions of life calculated to bring about their physical destruction in whole or in part.
- Forcibly transferring children belonging to such a group to another group.
According to the bill, this is a first-degree felony. It is an offense for which a basic sentencing standard of a 10-year prison sentence is established. Additionally, as the maximum penalty, a 25-year prison sentence may be imposed.
In addition to committing those acts, directly and publicly inciting to commit them is also an offense.
The bill states that in a prosecution brought under this section, it shall not be a defense that the accused acted pursuant to an order of a superior or that committing the offensive act was something permitted by law.
If this crime is committed by a person holding the position of the President of the Republic, a Minister, a Member of the People's Majlis, a Judge, or a commanding authority in a security service, it is a first-degree felony. In other circumstances, it is a second-degree felony.
In addition, making treason against the nation and damaging the economy criminal offenses has also been included in the bill.
The bill stated that it is an offense for any Maldivian citizen to intentionally wage war against the Maldives or participate with parties waging war. Furthermore, siding with an enemy of the Maldives and providing assistance to such a party within the Maldives or abroad is also an offense.
According to the bill, an enemy is defined as foreigners who commit acts damaging the independence and sovereignty of the Maldives, as well as Maldivians who participate with them in such acts.
Making damage to the economy a criminal offense has also been included in the bill. Accordingly, under the bill, acting with knowledge that major damage may be caused to the state economy, or with reckless disregard that such damage may be caused, is an offense.
Acts constituting this offense:
- Damaging critical infrastructure or computer systems connected to such infrastructure.
- Interrupting an essential service or obstructing the operation of a facility or system providing such a service.
- Committing any act to halt operations of a main sector from which the state receives revenue.
- Occurrence of major damage to the state economy as a result of that act.
According to the bill, if this offense is committed by a person holding a senior position in the state or government, it is a second-degree felony. In other circumstances, it is a third-degree felony.
