mercoledì 8 agosto 2012

MALDIVE - Court asked to annul Article to commute death sentence.

Some private individuals have submitted a case to the High Court asking the Article in the laws that affords the authority to the President to commute a death sentence or grant clemency be annulled.

The case under the name of five people had been accepted by the High Court sometime today. The case further detailed that in Islamic Sharia the ability to pardon a convict lies with only the heirs of the victim, who has also the sole authority press for the death penalty.  It also stressed that once a death sentence is delivered by the court, neither the President nor any law enforcement authority can have the right to commute it.

The plea also detailed that if such authority is given to the President, it violates the rights available to the heirs of the victims and renders the process of taking statements of heirs useless.

In addition the Article 10 of the Constitution stipulates that no legislation can be enacted that undermines or coincides with a tenet of Islam, which would be declared null and void if so according Article 268, the case read.

The charges also underlined that the perpetrators convicted over the recent murder of lawyer Ahmed Najeeb must be dealt with in accordance with the wishes of the heirs and subsequent sentence. 

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