“Regulation on the procedure of investigating the crime of deliberately killing a person and enforcing the court-ruled punishment” is compiled under No. 5/2008 (Police Act) and No. 14/2013 (Prison and Parole Act).
The steps in enforcing the death sentence
Under this Regulation, the death sentence can only be enforced after the Supreme Court of the Republic of Maldives reviews the case and sentence the offender to death. Prior to seeking a word from the heirs of the murdered victim during the court proceeding, an official from the Prosecutor General’s Office should advice the heirs of the murdered victim on Islamic traditions of proceeding in such situations. Before enforcing the death sentence, the convict and the heirs of the murdered victim should have mediation through an official from Ministry of Islamic Affairs.
After completing all the steps stated in this Regulation, a signed document which confirms the completion of the steps and signed by a Committee made up of Prosecutor General, the Chief of Justice or an official nominated by the Chief of Justice and Commissioner of Prisons should be sent to the President of the Republic of Maldives in order to enforce the death sentence to the convict. The President should send an order to the Commissioner of Prisons to proceed with the execution within three days of receiving the document.
The death sentence should be enforced in maximum seven days of the Commissioner of Prisons receiving the above-stated order from the President. The convict is to be executed in the presence of Commissioner of Prisons, a doctor nominated by Maldives Correctional Service, a lawyer from Prosecutor General’s Office and three persons from the public chosen by the Commissioner of Prisons. But on the day of the execution, the heirs of the murdered victim should provide a statement prior to the execution of the convict (details below).
The death sentence should be enforced at a designated place at the respective prison.
The steps in postponing the death sentence
There are three instances where the death sentence can be postponed.
- If the convict is a child below 18 years of age, the sentence can be postponed until the convict turns 18years.
- If the convict is pregnant, the sentence can be postponed until she gives birth and the child turns two years.
- If the convict’s health is too deteriorated, the sentence can be postponed until the convict’s health improves.
If a death sentence is postponed as per any of the above cases, the convict and the child should be kept in prison but isolated from other prisoners. If the convict is pregnant or too sick, the convict should be kept at a facility deemed appropriate by Maldives Correctional Service until she gives birth or the health improves and the death sentence can be enforced.
Seeking a word from the heirs of the murdered victim
As per this Regulation, after completing all the steps stated in this Regulation, on the day set for the execution; Maldives Correctional Service should work sufficiently to seek a word from the heirs of the murdered victim prior to the execution of the convict. A minimum of 10 days should pass between the mediation concerning the convict and heirs of the murdered victim through an official from Ministry of Islamic Affairs and seeking a word from the heirs of the murdered victim on the day of execution.
If the heirs of the murdered victim wish to forgive the convict after seeking compensation for the murdered victim or just forgive the victim without any compensation, the fact should be notified to the Supreme Court. And unless Supreme Court informs otherwise, the death sentence should not be enforced on the victim. In that regard, the death sentence cannot be enforced even if a single heir of the murdered victim wishes to forgive the convict. After the Supreme Court is informed of the new developments, the Supreme Court can rule adequate punishment to the convict.
