The newly drafted Bill on the Determination and Execution of the Death Penalty stipulates that capital punishment shall be carried out by hanging the convict by the neck until death.
The government-sponsored bill was introduced to Parliament by Hannaan Mohamed Rasheed, the Member of Parliament for the Guraidhoo constituency.
According to the bill, the equipment and methods used for execution by hanging must be designed to ensure the penalty is carried out as swiftly as possible and with the minimum amount of pain to the convict.
The specific details regarding the materials, equipment, and the comprehensive procedures for the execution must be established through regulations formulated under the Death Penalty Act.
Once all judicial stages are exhausted and the consent of the legal heirs is obtained, the execution process will be overseen by a seven-member panel. This panel will be constituted by the Maldives Correctional Service for each case.
The seven-member panel shall consist of:
- An officer appointed by the Commissioner of Prisons from among the commissioned officers of the Maldives Correctional Service.
- A senior officer appointed by the Commissioner of Police from the Maldives Police Service.
- A prosecutor appointed by the Prosecutor General from the Prosecutor General’s Office.
- A member of the People’s Majlis appointed by the Parliament.
- A medical doctor appointed by the Maldives Medical and Dental Council.
- An appointee designated by the Supreme Court.
- An individual designated by the Supreme Council for Islamic Fatwa from among those licensed to provide religious sermons and counsel in the Maldives.
The bill also outlines several circumstances under which the death penalty cannot be executed. If a convict is pregnant, the execution must be stayed until she has given birth, recovered, and the child has reached the age of two.
Execution is also prohibited while a convict’s application for a judicial review of their sentence is pending, or if a case regarding the stay of execution has been submitted to the Supreme Court, until the court reaches a final decision under this law.
Furthermore, the penalty cannot be carried out if the convict’s physical or mental health deteriorates below an acceptable standard, until such time as their condition improves and they are deemed fit.
In addition to murder cases, the death penalty may also be applied in drug-related offences.
The current administration has amended the Drugs Act to allow for the death penalty for drug kingpins in cases involving specific quantities of narcotics, provided the sentence is passed by a unanimous verdict of the Supreme Court bench.
Circumstances for the death penalty
- Trafficking more than 350 grams of cannabis.
- Trafficking more than 250 grams of diamorphine (heroin).
- Trafficking more than 100 grams of any narcotic substance listed in Schedule 1.
The Maldives has not carried out an execution since 1954. However, the government revealed in 2024 that there were four individuals whose judicial appeals had been exhausted and were at the stage of execution.
The administration of former President Abdulla Yameen had previously decided to end the long-standing moratorium on the death penalty. However, this policy was reversed in 2018 by the administration of President Ibrahim Mohamed Solih.
Despite previously advocating for capital punishment, Yameen stated in September last year that he no longer supports its implementation due to a lack of confidence in the judiciary.
