The Supreme Court of the Maldives has collectively annulled a death penalty given to a minor in a murder case, stating that the law forbids the death penalty for crimes committed by those under 18, and consequently, sent the case back to the Juvenile Court for a new sentencing.

The case involves a minor participating in the deadly stabbing of Hussain Waheed at Ma. Aisha during the year 2013. The Supreme Court had earlier reversed the death penalty given to another person who was likewise a minor during the same event.

Even though the Juvenile Court and the High Court initially supported the death penalty, the Prosecutor General’s Office appealed to the Supreme Court after changes to the Juvenile Justice Act, which ban executing death sentences given to minors.

This week, a five-judge panel of the Supreme Court determined that the Juvenile Justice Act clearly outlawed the death penalty for crimes committed by minors, necessitating the reversal of the previous decisions made by the Juvenile Court and the High Court.

The Supreme Court instructed the Juvenile Court to establish a new sentence in accordance with the Juvenile Justice Act and relevant criminal law principles. The court additionally mandated that the person stays in custody at a suitable facility specified under the Juvenile Justice Act until resentencing is finalized or until the lower court provides additional instructions.

The panel consisted of Justice Hussain Shaheed, Justice Aisha Shujune Mohamed, Justice Ali Rasheed Hussain, Justice Dr. Mohamed Ibrahim, and Justice Mohamed Saleem. The ruling was unanimous and came after the legal opinion provided by Justice Hussain Shaheed.