URU, Alm.del - 2012-13 - Bilag 122: Henvendelse af 14. marts 2013 fra Amnesty International om 15-årig pige fra Maldiverne, der er idømt 100 stokkeslag og otte måneders husarrest for "utugt"

URGENT ACTIONRAPE SURVIVOR FOUND GUILTY OF “FORNICATION”“FORNICATION”A 15-year-old survivor of rape is at risk of house arrest and flogging in the Maldives,oldwhere 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 inoldthe Maldives. She has been sentenced to eight months’ house arrest and 100 lashes. As per the law, the sentenceheof flogging is ordinarily carried out when she turns 18 but could be carried out earlier in exceptional circumstances18,circumstances.The girl was first arrested after the body of a baby she had given birth to was found buried outside her house onFeydhoo Island in Maldives in June 2012 Authorities found that she had been raped by her stepfather, who hassland2012.been charged with several offences, including the murder of the baby and the sexual abuse of a minor. Her motheres,has been charged with both concealing a crime and murder. During their investigation, however, authorities camecrime,across evidence to support charges of “fornication” against the girl in a separate incident. The Prosecutor-theGeneral’s office pressed charges against her for “fornication” on 25 November 2012. She was found guilty andsentenced to flogging and house arrest on 25 February 2013. While she has a right to appeal, it is un.unclear whethershe will exercise this option.“Fornication” is not an offence in accordance with international human rights law and standards. Further, fnflogging isin violation of the absolute prohibition on torture and other cruel, inhuman or degrading trtreatment or punishment.The existence of the offence of “fornication and the punishment of flogging in Maldivian law are inconsistent withfornication”Maldives’ obligations under international human rights law.Please write immediately in English or your own language, urging the Maldivian authorities tolanguage,to:Release the girl immediately and unconditionally including ending the house arrest, and ensure that she iseleaseunconditionally, cludingnot flogged or otherwise punished;Ensure that the judicial process is initiated in order to overturn the conviction for “fornication”;Ensure that she has access to adequate and appropriate protective and support servicesappropriateservices;End the practice of flogging as a form of punishment and act to amend Maldivian law to remove themendprovisions that allow flogging, as well as those that criminalise “fornication”.PLEASE SEND APPEALS BEFORE 11 APRIL 2013 TO:President Dr Mohamed WaheedThe President's OfficeBoduthakurufaanu Magu,Male' 20113Republic of MaldivesFax: (960) 332 5500Email:http://www.presidencymaldives.gov.mv/Index.aspx?lid=6 (via form)Salutation: Dear PresidentAnd copies to:Minister of Foreign AffairsHis Excellency Dr. Abdul SamadAbdullahBlock number 77,Henveiru, Boduthakurufaanu MaguFax: (960) 3323841Email: [email protected]Salutation: Dear MinisterProsecutor General, MaldivesAhmed MuizzuProsecutor General's Office,Majeedhee Magu,Male' 20040,Republic of MaldivesFax: (960 3000644960)Email: [email protected]:

URGENT ACTIONRAPE SURVIVOR FOUND GUILTY OF “FORNICATION”ADDITIONAL INFORMATIONRecent media reports suggest that almost 90% of the individuals convicted of “fornication” in 2011 were women. In 2009, atleast 180 people faced the punishment of flogging for “fornication” in the Maldives. An 18-year-old woman who was sentencedto 100 lashes fainted after the punishment was administered. Amnesty International has received credible reports that theMaldivian authorities have charged and convicted other girls in the past – some of whom have been survivors of rape and othersexual 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 thatit “constitute[d] one of the most inhumane and degrading forms of violence against women”. The United Nations Country Teamin the Maldives has expressed similar concerns. After her recent visit, the UN Special Rapporteur on the independence ofjudges and lawyers called on the government of the Maldives to “show strong leadership to move the development and adoptionof 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 bythe government. A spokesperson for the President’s Office told the press that they are considering changing the laws. As perarticle 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 rapeand 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 otherappropriate 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 mustrecognize the growing capacity of adolescents to express their sexuality. Children who are either engaging in consensual sexualactivity, or who are victims of sexual assault, should not be criminalized or punished, regardless of their ageName: 15-year-old rape survivorGender m/f: f