Former Prosecutor General Hussain Shameem, who led the drafting of the Penal Code, has described a proposed amendment to the law as a “deceitful” bill intended to criminalize the actions of heads of state.
The bill, sponsored by Maafannu South MP Abdulla Rifau, proposes criminalizing acts including inciting genocide, calling for genocide, treason and damaging the economy. It is scheduled to be presented to Parliament tomorrow.
In a blog post published last night, Shameem urged the public to consider why the legislation was being introduced at this time, arguing that a bill’s intent should be assessed by examining its wording and legal consequences.
The proposed inclusion of genocide related offences has also drawn attention amid debate surrounding the UAE-based Eagle Hills’ Rasmale’ project.
Attorney General Ahmed Usham has defended the inclusion of genocide as a criminal offence, saying it is required under the International Convention on the Prevention and Punishment of the Crime of Genocide, which the Maldives joined on 24 April 1984.
However, Shameem argued that the proposed amendments do not fulfil the purpose of the convention and do not address the jurisdiction of international tribunals over such crimes.
He also questioned the bill’s classification of genocide related offences. Under the proposal, an offence committed by the President, a Minister, an MP, a judge or a security service commander would be classified as a first-degree felony, while the same offence committed by others would be classified as a third-degree offence.
Shameem said this classification raised concerns because acts of genocide can include murder. Under Article 110 of the current Penal Code, murder is classified as a first-degree offence, while genocide would be classified as a second-degree offence under the proposed amendment.
He argued that this would make genocide a less serious offence than murder under the proposed legal framework.
Shameem also noted that the bill criminalizes calls for genocide, rather than limiting the offence to the commission of genocide itself.
Shameem said his main concern was not the criminalization of genocide, but provisions relating to treason and economic damage, which he believes could be used to target specific individuals.
He said the wording could expose government leaders, including the President and the Finance and Tourism Ministers, to criminal liability for their actions.
Shameem argued that state leaders should be protected from undue fear of criminal prosecution while carrying out the mandate entrusted to them by the public, saying they should be able to perform their duties fully in accordance with that mandate.
