Criminal Court sentences opposition activist ‘Hoara Ibbe’ to 10 years for child abuse

The police arrested Rasheed a year ago in December after being discovered at a house in the Galolhu Ward of Male’ with the minor.

The local media at the time quoted police as saying that when officers entered the room containing Rasheed, he was naked with the girl. However, the police refused to officially confirm the claim.

Rasheed at the time claimed that the 17-year old was his girl friend and later, got married to her when she had attained the age of 18.

The Prosecutor General however pressed charges against Rasheed under section 3(c) of the Special Measure for Perpetrators of Child Sex Abuse Act 2009, which carries a sentence of imprisonment up to 14 years.

Criminal Court officials confirmed to local media at the time that Rasheed – during the closed-door trial – had refuted the charges.

However, issuing the guilty verdict this Sunday (December 1), the Criminal Court Judge stated that despite Rasheed’s objections to the charges, the statements given by witnesses produced to the court by the prosecution proved that he had been guilty of the charge.

Section 3 of the Measure for Perpetrators of Child Sex Abuse Act 2009 states:

For the purpose of Maldivian laws regarding sexual offences, any person under 18 years of age is considered a minor.

Selective application of the law

Although the Criminal Court sentenced Rasheed under the Measure for Perpetrators of Child Sex Abuse Act 2009, the same court only sentenced renowned Quran reciter and teacher Hussain ‘Qaari’ Thaufeeq to a six months banishment and 15 lashes in a similar case last week.. Thaufeeq was arrested on August 2010 for multiple counts of child molestation while in a position of trust, although this was not considered by the court.

According to local media the Criminal Court sentenced Thaufeeq under ‘Regulation concerning punishment for fornication and adultery’, and had the enforcement of his sentence suspended under section 292(2) of the “Regulation concerning criminal trial” for a period of three years as it was his first offence.

Minivan News was unable to obtain a copy of the ‘Regulation concerning punishment for fornication and adultery’ as this was not found on the government’s legal website containing all published laws, www.mvlaw.gov.mv. The Criminal Court’s website was down for maintenance.

Section 292(2) of the “Regulation concerning criminal trial” states:

It is unclear as to why the Criminal Court opted to sentence Thaufeeq under the “Regulation concerning punishment for fornication and adultery” while section 9 of Measure for Perpetrators of Child Sex Abuse Act 2009 explicitly states the offence of child abuse and molestation while being in a position of trust, and despite usual practice being that a specific legislation supersedes a by-law.

Section 9 of Measure for Perpetrators of Child Sex Abuse Act 2009 states:

Thaufeeq is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.