Hussain Waheed’s murder: Minor's death penalty overturned, citing capital punishment prohibited for children

Maldives’ Supreme Court has unanimously overturned a death sentence imposed on a minor in a murder case, ruling that the law prohibits capital punishment for offences committed by individuals under the age of 18, and thereby, referred the case back to the Juvenile Court for resentencing.

The case concerns a minor involved in the fatal stabbing of Hussain Waheed at Ma. Aisha in 2013. The Supreme Court had previously overturned the death sentence imposed on another individual who was also a minor at the time of the same incident.

Although both the Juvenile Court and the High Court had initially upheld the death penalty, the Prosecutor General’s Office appealed to the Supreme Court following amendments to the Juvenile Justice Act, which prohibit the execution of death sentences imposed on minors.

In its ruling this week, a five-judge bench of the Supreme Court held that, as the Juvenile Justice Act explicitly prohibits the death penalty for offences committed by minors, the earlier judgments issued by the Juvenile Court and the High Court must be overturned.

The Supreme Court directed the Juvenile Court to determine a new sentence in accordance with the Juvenile Justice Act and applicable criminal law principles. The court also ordered that the individual remain in custody at an appropriate facility designated under the Juvenile Justice Act until resentencing is completed or until the lower court issues further directions.

The bench comprised Justice Hussain Shaheed, Justice Aisha Shujune Mohamed, Justice Ali Rasheed Hussain, Justice Dr. Mohamed Ibrahim, and Justice Mohamed Saleem. The unanimous ruling followed the legal opinion delivered by Justice Hussain Shaheed.