- Update info:
- 3 Sep 2013 (Suspended)
- Latest info:
- 23 Mar 2013 (Updated)
- 7 Mar 2013
- Country:
- REPUBLIC OF MALDIVES
- Subject:
- 15-year-old rape survivor
Gender: f
- Period:
- 3 Oct 2013
- Distribution date:
- 7 Mar 2013
- UA No:
- 055/2013
A 15-year-old survivor of rape is at risk of house arrest and flogging in the Maldives, where she was found guilty of “fornication” by a juvenile court, and sentenced to eight months’ house arrest and 100 lashes.
A 15-year-old survivor of rape has been found guilty of “fornication” or sex outside marriage by a juvenile court in the Maldives. She has been sentenced to eight months’ house arrest and 100 lashes. As per the law, the sentence of flogging is ordinarily carried out when she turns 18, but could be carried out earlier in exceptional circumstances.
The girl was first arrested after the body of a baby she had given birth to was found buried outside her house on Feydhoo Island in Maldives in June 2012. Authorities found that she had been raped by her stepfather, who has been charged with several offences, including the murder of the baby and the sexual abuse of a minor. Her mother has been charged with both concealing a crime, and murder. During their investigation, however, authorities came across evidence to support charges of “fornication” against the girl in a separate incident. The Prosecutor-General’s office pressed charges against her for “fornication” on 25 November 2012. She was found guilty and sentenced to flogging and house arrest on 25 February 2013. While she has a right to appeal, it is unclear whether she will exercise this option.
“Fornication” is not an offence in accordance with international human rights law and standards. Further, flogging is in violation of the absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment. The existence of the offence of “fornication” and the punishment of flogging in Maldivian law are inconsistent with Maldives’ obligations under international human rights law.
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ADDITIONAL INFORMATION
Recent media reports suggest that almost 90% of the individuals convicted of “fornication” in 2011 were women. In 2009, at least 180 people faced the punishment of flogging for “fornication” in the Maldives. An 18-year-old woman who was sentenced to 100 lashes fainted after the punishment was administered. Amnesty International has received credible reports that the Maldivian authorities have charged and convicted other girls in the past – some of whom have been survivors of rape and other sexual assault – with ”fornication”; this has led to them being punished by flogging.
The UN High Commissioner for Human Rights has urged the Maldivian Government to stop the practice of flogging, stating that it “constitute[d] one of the most inhumane and degrading forms of violence against women”. The United Nations Country Team in the Maldives has expressed similar concerns. After her recent visit, the UN Special Rapporteur on the independence of judges and lawyers called on the government of the Maldives to “show strong leadership to move the development and adoption of essential legislation forward and ensure that their contents are in line with the promotion and protection of human rights”.
The President’s Office has claimed that they see this 15-year old girl as a victim who should be protected and not punished by the government. A spokesperson for the President’s Office told the press that they are considering changing the laws. As per article 70 (a) of the constitution of the Maldives, legislative authority is vested in the People’s Majlis.
The Maldivian government also has an obligation to provide “appropriate protective and support services” for survivors of rape and other forms of sexual assault, which can include “rehabilitation, assistance in child care and maintenance, treatment, counselling, and health and social services, facilities and programmes, as well as support structure … and should take all other appropriate measures to promote their safety and physical and psychological rehabilitation”. It is unclear whether the 15-year-old girl in this case has been provided any of these services. Furthermore, international standards stipulate that states must recognize the growing capacity of adolescents to express their sexuality. Children who are either engaging in consensual sexual activity, or who are victims of sexual assault, should not be criminalized or punished, regardless of their age
Name: 15-year-old rape survivor
Gender m/f: f
UA: 55/13 Index: ASA 29/001/2013 Issue Date: 28 February 2013
- Update info:
- 3 Sep 2013 (Suspended)
- Latest info:
- 23 Mar 2013 (Updated)
- 7 Mar 2013
- Country:
- REPUBLIC OF MALDIVES
- Subject:
- 15-year-old rape survivor
Gender: f
- Period:
- 3 Oct 2013
- Distribution date:
- 23 Mar 2013
- UA No:
- 055/2013
The government of Maldives has recently committed to protecting a 15-year-old, who was found guilty of “fornication” and sentenced to house arrest and flogging. She is still at risk of being flogged and house arrest while the conviction hangs over her head.
On 26 February, a 15-year-old girl was found guilty of “fornication” or sex outside marriage by a juvenile court in the Maldives and was sentenced to eight months’ house arrest and 100 lashes. On 28 February, the government of Maldives released a statement acknowledging that the girl is also a victim of sexual abuse and should therefore be treated as a victim, and “her rights should be fully protected”. The government further stated that that all cases of child abuse, including sexual abuse, should be viewed “through a human rights lens” based on the “best interest of the child”.
Amnesty International has welcomed the government’s statement. The government must now act on its words and commitments and fully protect the rights of the 15-year-old girl as guaranteed under international human rights law. “Fornication” is not an offence under international human rights law and standards so the girl should never have been sentenced. Further, flogging is in violation of the absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment. The girl should not be flogged and flogging should be abolished in the Maldives. As a survivor of rape, the girl also has a right to be provided with appropriate support services by the government.
more
ADDITIONAL INFORMATION
The 15-year-old girl was first arrested after the body of a baby she had given birth to, was found buried outside her house on Feydhoo Island in Maldives in June 2012. Authorities found that she had been raped by her stepfather, who has been charged with several offences, including murder and the sexual abuse of a minor. Her mother has been charged with both concealing a crime, and murder. During their investigation, however, authorities came across evidence to support charges of “fornication” against the girl in a separate incident. The Prosecutor-General’s office pressed charges against her for “fornication” on 25 November 2012. She was found guilty and sentenced to flogging and house arrest on 25 February 2013. While she has a right to appeal, it is unclear whether she will exercise this option.
Recent media reports suggest that almost 90% of the individuals convicted of “fornication” in 2011 are women. In 2009, at least 180 people faced the punishment of flogging for “fornication” in the Maldives. Amnesty International has received credible reports that the Maldivian authorities have charged and convicted other girls in the past – some of whom have been survivors of rape and other sexual assault – with ”fornication”; this has led to them being punished by flogging.
The UN High Commissioner for Human Rights has urged the Maldivian government to stop the practice of flogging, stating that it “constitutes one of the most inhumane and degrading forms of violence against women”. The UN Country Team in the Maldives has expressed similar concerns. After her recent visit, the UN Special Rapporteur on the independence of judges and lawyers called on the government of the Maldives to “show strong leadership to move the development and adoption of essential legislation forward and ensure that their contents are in line with the promotion and protection of human rights”.
The UN Convention on the Elimination of All Forms of Discrimination Against Women Committee has stated that governments have an obligation to provide “appropriate protective and support services” for survivors of rape and other forms of sexual assault, which can include “rehabilitation, assistance in child care and maintenance, treatment, counselling, and health and social services, facilities and programmes, as well as support structure … and should take all other appropriate measures to promote their safety and physical and psychological rehabilitation”. It is unclear whether the 15-year-old girl in this case has been provided any of these services. Furthermore, international standards stipulate that states must recognize the growing capacity of adolescents to express their sexuality. Children who are either engaging in consensual sexual activity or who are victims of sexual assault should not be criminalized or punished, regardless of their age.
Further information on UA: 55/13 Index: ASA 29/004/2013 Issue Date: 12 March 2013
- Update info:
- 3 Sep 2013 (Suspended)
- Latest info:
- 23 Mar 2013 (Updated)
- 7 Mar 2013
- Country:
- REPUBLIC OF MALDIVES
- Subject:
- 15-year-old girl
- Period:
- 3 Oct 2013
- Distribution date:
- 3 Sep 2013
- UA No:
- 055/2013
A Maldives High Court has quashed the sentence of 100 lashes and house arrest imposed on a 15-year-old girl for the “offence” of extra-marital sex. This follows a campaign by Amnesty International, among other international organizations.
In February 2013, the Juvenile Court in Malé, the capital, sentenced a 15-year-old girl to eight months’ house arrest and 100 lashes, for extra-marital sex. The conviction, which defied international human rights law, provoked worldwide outrage. Amnesty International issued press statements and urgent actions on her case, and also raised her case in a meeting with the President of the Maldives in April 2013. Simultaneously, the case also received international media attention and over two million signatures on a petition by the online campaign group, Avaaz.
In the midst of these concerns, the Office of the Maldives President issued a statement acknowledging that the girl was a victim of sexual abuse and should therefore be treated as a victim, with her rights “fully protected”.
Following continued pressure, the Attorney-General filed an appeal against the sentence passed by the Juvenile Court, and on 21 August 2013, the High Court in the Maldives quashed the conviction and sentence and the girl is now free and no longer at risk of being flogged.
The girl was first arrested after the body of a baby she had given birth to was found buried outside her house on Feydhoo Island in Maldives in June 2012. The girl’s step-father has reportedly been charged with sexual abuse and murder, and her mother for concealing a crime. During their investigation, however, authorities brought charges of “fornication” against the girl for a separate incident. The Juvenile Court had sentenced her to flogging and house arrest on that charge, which was then overruled by the High Court.
Amnesty International has welcomed the High Court’s decision to quash the sentence, while highlighting that to comply with its international law obligations, the government of the Maldives must urgently establish a moratorium on flogging, annul all outstanding flogging sentences, and make sure that the penal code does not permit prosecution or punishment for “fornication”.
Thank you to everyone who sent in appeals. No further action is requested from the UA network.
This is the second update of UA 55/13. Further information: http://amnesty.org/en/library/info/ASA29/004/2013/en
Name: 15-year-old girl
Gender : F
Further information on UA: 55/13 Index: ASA 29/006/2013 Issue Date: 28 August 2013
