The government has today submitted a bill to parliament defining procedures for implementing the death penalty and proposing to enforce the death penalty through hanging.
The first reading of the bill is scheduled for this afternoon's parliament sitting. The bill states that it aims to stipulate the method of enforcing the death penalty, set out robust policies for enforcement of death penalty, and lay out legal procedures that need to be fulfilled before the death penalty is enforced.
As per the bill, a death sentence must be enforced after all the requirements stipulated in the law is fulfilled. It states that the death penalty cannot be enforced until the Supreme Court hears the case and all avenues of appeal are exhausted, and a final verdict is confirmed.
Courts are also required to ensure that the defendant is guaranteed the right to legal representation in all stages of investigation and court proceedings. Should the court believe that this right was infringed upon, then the death penalty cannot be passed on the defendant, the bill states.
The bill also calls for the establishment of a seven member panel to oversee the enforcement of the death penalty. This panel will be comprised of a State prosecutor appointed by the Prosecutor General, a member from the Supreme Council for Fatwa, along with representatives from other relevant authorities. The quorum for panel meetings is set at four members.
The panel has the authority to issue death penalty enforcement orders and revise dates of implementation.
The bill states that the death penalty will be implemented through placing a noose around the convict's neck, and hanging till death. The execution itself will be carried out by Maldives Correctional Service. Equipment and resources necessary for implementation and technical standards must be defined in a regulation, the bill states.
Death row convicts are to be provided a final meeting with family before the execution is carried out, according to the bill. They are also to be provided the opportunity to present their last testament and wishes regarding how their affairs should be handled after their death.
The Prosecutor General or a representative chosen by them and heads of relevant authorities are required to be present at the execution. The bill also prohibits broadcasting or in any other way publicly sharing photos, video or audio of executions.
Decisions from the victim's heirs seeking death penalty and the extent of granting forgiveness must be gauged against Islamic Shariah principles, the bill states. In such a case, if any cases are submitted to court by the heirs, then implementation of the death penalty must be suspended until the court concludes the case.
Once the death penalty is enforced, the body of the convict must be handed over to family. In the instance that the family refuses to take possession of the body, then relevant State institutions must arrange funeral and burial in accordance with Islamic principles.
In the instance that the execution is unsuccessful for any reason, it must be immediately halted, and the panel must be notified, the bill states.
While the government has submitted this bill to parliament today, a recent change has been brought to the law where drug trafficking into the country carries the death penalty.
Currently, there are a number of convicts on death row, whose appeal processes at the higher courts have been exhausted, and the Supreme Court has upheld their sentences.
