| Written by Minivan News, on 01-02-2008 21:47 |
The Human Rights Commission (HRCM) has called on the Ministry of Justice to impose prison sentences for child sex offenders following the outcome of an appeal case at the High Court this week. But it stopped short of specifically condemning the new verdict.
In a statement relating to the trial, where four men were given two years' banishment for sexually assaulting a twelve-year-old girl, the commission said sentencing regulations were too lenient and did not conform to human rights conventions.
On Tuesday, the court increased the sentence from eight months’ banishment to two years, plus 15 lashes, following the state’s appeal.
The HRCM “welcomed” Tuesday’s verdict as an improvement on the earlier one and recognised that the court’s ruling was in line with Maldivian sentencing guidelines for the crime.
But it said the lack of a prison sentence contravened government commitments under international law – as well as meaning the men would be free to re-offend.
The Maldives is a member of the Universal Declaration of Human Rights and the Convention of the Rights of the Child, which both require states to implement steps to protect children’s rights. The Commission has said the ruling, and the guidelines behind it, breach both.
In May 2007, Minister of Gender and Family, Aishath Mohamed Didi, admitted that “since ratifying the CRC, the Maldives had struggled to provide adequate services for children in need of protection, despite legislation stipulating that such services were basic rights for Maldivian children”.
The current sentencing guidelines for “forceful sexual assault” recommend a one- to two-year banishment and 10 to 19 lashes.
But Mohamed Shafaz Wajeeh, Director of Legal Affairs at HRCM, told Minivan News today that these should be revised to “bring them in line with international human rights standards” and also to “factor the gravity of the crime”.
Aishath Velezinee, from local NGO Hama Jamiyyaa, said: “The statement has made it very clear that justice had not been served here. The country does not have a legal system that does anything to give protection to the rights of children. The state has assured us before that the practice of banishment is archaic and that sexual offenders would be jailed […] – but they lied.”
Mohamed Shihab, from discussion group Child Abuse Watch, said: “I think the Human Rights Commission is being irresponsible. I know that their intention [is] to negotiate with the respective parties. But it has congratulated on the verdict of the High Court which is wrong and no-one should be doing that.
“They should have said in unequivocal terms that they condemned the verdict and that the legal framework is not sufficient to allow protection of children.”
The Gender Minister was unavailable for comment at the time of going to press. Courtesy: Minivan News
Users' Comments (0) 
|
|
|
News 
