The Supreme Court on Tuesday ruled that retraction of confessions made in a court of law would not be allowed, in cases related to violation of human rights.
In its ruling upholding the High Court decision to maintain the conviction and sentencing of Hussein Humam, the Supreme Court said, in crimes stipulated in Islamic Shariah, courts are granted authority to accept or reject retraction or reversal of confessions.
Islamic jurisprudence clearly states that retraction of confessions cannot be allowed in cases related to the violation of rights of a human being, it said.
Citing Islamic jurisprudence, the Supreme Court in its ruling said, a confession made by the accused on his or her own free will, without any compulsion or intimidation, cannot be retracted. The apex court said this ruling will be followed in all cases related to violation of human rights, including Qisas crimes.
The Supreme Court on June 24 upheld the death sentence passed on Hussein Humam, for the murder of former parliamentarian and religious scholar, Dr Afrasheem Ali. It was the first time Death sentence was passed by the court process, since it was re-introduced in the country.
The verdict stated that Humam confessed to having committed the crime twice during hearings conducted by the Criminal Court. The verdict added that as per Islamic Shariah, statements given by defendant agreeing to the crime cannot be reversed.
Dr. Afrasheem, an MP for the ruling Progressive Party of the Maldives (PPM) representing Ungoofaaru constituency in Raa Atoll, and also a moderate religious scholar, was stabbed to death outside his home on the night of October 1, 2012.