Lawyers accuse police of restricting access to May Day detainees

Lawyers have accused the police of restricting access to protesters arrested from Friday’s anti-government demonstration, and raised concern over packed conditions at the detention center as well as the arrest of pregnant women, senior citizens and nursing mothers.

The main opposition party’s legal team is planning to appeal the 15 day remand detention of over 170 protesters arrested after a crackdown on the 20,000-strong protest.

“Sick people and mothers of infants should be given lighter punishments. These people are not yet convicted they are only under the suspicion of a crime,” said lawyer Fareesha Abdulla at a press conference this afternoon.

The 195 arrests made on Friday was the highest number from a single protest in the past decade.

The criminal court had granted a blanket 15-day extension of detention for 175 protesters, while 19 were released after police failed to present them at court in the 24 hours required by law.

In addition to restricting access, lawyers accused police of holding detainees in overcrowded cells with no ventilation and failing to provide medication at prescribed times.

Amnesty International’s Abbas Faiz says the human rights organization is investigating reports of failure to provide medication to a pregnant woman.

About 12 lawyers visiting the Dhoonidhoo detention centre were kept waiting for hours and were only able to meet about four or five detainees a day before having to leave at sundown, lawyers said.

“The way police have made arrangements there we have faced a number of difficulties in meeting our clients,” said Fareesha.

Lawyers also said police had initially refused to provide a list of detainees and said the legal team gathered details based on calls to the opposition Maldivian Democratic Party’s (MDP) hotline and by waiting at the criminal court for remand hearings.

Fareesha Abdulla said only one police officer handles paperwork at the Atholhuvehi custodial centre, who had to process forms from lawyers from over 170 detainees.

The police media official today dismissed the opposition’s allegations as “baldfaced lies,” insisting that cells at the Dhoonidhoo detention centre are up to standards.

MDP vice president Mohamed Shifaz meanwhile said the detainees included a number of bystanders, including a pizza delivery man, people out shopping, and students on their way to classes.

Shifaz said police were calling families of detainees and saying they did not have lawyers, while MDP women’s wing president Shifa Mohamed claimed police had offered to arrange lawyers for MVR3,000.

The police media official said families were contacted, but denied the claims of seeking money.

“No police officer would do that, we do not do business transactions here. Maybe that is something they do,” the official said.

Lawyer Abdulla Haseen meanwhile noted that the detainees were accused of “confronting police, throwing rocks and bottles, assaulting and harming police, and damaging police vehicles.”

Police had argued at the remand hearings that the detainees posed a danger to society if they were to be released from police custody.

Others were accused of not leaving the protest area despite orders by riot police, Haseen added.

The penalty for “obstructing police duty” for a first time offender was a MVR3,000 fine, Haseen said, adding that 90 percent of the detainees do not have criminal records.

The May Day detainees were treated with unprecedented “harshness” by police and the criminal court, he said, adding that the police had failed to hand over clothing and personal items provided by families of detainees.

Some detainees were still wearing the same clothes from Friday, lawyers said.

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Opposition condemns police obstruction of protests

The main opposition Maldivian Democratic Party (MDP) has accused the police of disrupting demonstrations and obstructing freedom of assembly by asking for prior notice for protests.

The opposition has continued nightly gatherings despite a crackdown on a mass antigovernment protest on May Day. Nearly 200 were arrested and scores were injured in violent clashes on Friday.

The police have now ordered the MDP to give prior notice despite a constitutional provision guaranteeing freedom of assembly without prior notice.

In a statement today, MDP said: “On May 2, the police barged into the opposition gathering and attempted to confiscate the sound system and asked to stop the gathering without giving any legal reasoning. The activity continued despite the warning.

“On May 3, the police’s special operations team again disrupted the gathering and arrested Jumhooree Party Council member Sobah Rasheed. On May 4 and 5, police disrupted peaceful gatherings. When the protest spilled onto the streets, the police arrested people indiscriminately.”

Former president Mohamed Nasheed’s running mate in the 2013 presidential polls was arrested, but was released, the party noted.

The opposition is protesting over the imprisonment of ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim.

 

Since the May Day protest, the police have stopped and confiscated the sound system used in a lorry to announce daily gatherings, the statement read. The individuals on the lorry were arrested.

The police, however, have said the MDP has rejected repeated calls for dialogue over the protests.

In a statement on Tuesday, the police insisted the opposition’s protests must not obstruct others’ rights or daily life in the capital. The MDP had provided prior notice, but had failed to act as indicated in the notices, the police said.

The MDP spokesperson Imthiyaz Fahmy said they had asked police to provide discussion points in writing prior to the meeting, but had not received a reply.

The police statement was “very irresponsible,” he said, insisting that the party has always accepted invitations to hold discussions.

“It is also very hard to attend such discussions when the party’s chairperson and president have been jailed. What discussions can we have without our leadership?” he said.

The party’s chairperson Ali Waheed, Adhaalath Party president Sheikh Imran Abdulla and JP deputy leader Ameen Ibrahim were arrested on May 2 for “intimidation.”

The MDP has now written to the Police Integrity Commission (PIC) and Human Rights Commission of Maldives (HRCM) urging the oversight bodies to ensure the constitutional right of freedom of assembly.

Freedom of expression and right to assemble are constitutional rights, the MDP said, calling on the independent commissions to investigate violations.

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State companies dismissing May Day protesters from jobs

The state owned utilities company Fenaka Corporation has dismissed two employees without notice for their alleged participation in an antigovernment protest on May Day, amidst growing concern that other state owned companies are considering similar actions against opposition supporting employees.

“The notice for dismissal I received said I had taken part in an act against the state. But my contract does not state I cannot take part in political activities,” Ibrahim Didi, a Fenaka employee told Minivan News today.

A Fenaka supervisor in Addu City, Abdulla Sodig, was accused of traveling to Malé to participate in the May Day protest and was fired.

“I was in Male’ but I did go to the protest. I have requested the company to review the situation and reverse their decision,” he said.

Nearly 200 people were arrested and scores injured when violent clashes broke out in the capital Malé.

Approximately 20,000 people took to the streets on Friday against the imprisonment of ex-president Mohamed Nasheed in the largest antigovernment protest in a decade. Two police officers were also severely beaten.

On Saturday, ruling party MP Ahmed Nihan urged the government to track down civil servants and employees of state owned companies who had participated in the protest and dismiss them immediately.

The Maldives Ports Limited (MPL) had earlier warned employees it would fire anyone seen at the May Day protest, but a senior manager Ahmed Athif said the company has not yet received any reports their employees had taken part in the protest.

 

Employees of the Maldives Customs Services told Minivan News they are being shuffled between departments due to their political views.

“We haven’t gotten direct threats or anything like that but people are being shuffled around departments because of their political views. These are acts of intimidation,” a senior officer who wanted to remain anonymous said.

He also said employees are asked to attend ruling party events even as they face reprisals for taking part in opposition activities.

“We got an internal memo asking to participate in a PPM event earlier. It said employees are advised to attend the event to show support for the ruling party,” he said.

But the commissioner general of customs Abbas Adil Riza rejected claims of intimidation.

“The customs always has and will always follow the rule of law. We will not intimidate or scare our staff,” he said.

Meanwhile, a former customs employee has said he was fired for taking part in an opposition demonstration on February 27.

“I served for 36 years in the government out of which 34 years I spent in the customs. I took part in the opposition February 27 protest and was asked to either resign or face being fired. I resigned,” he said.

In March, at least four employees of State Electric Company Limited (STELCO) and one from Malé Water and Sewerage Company (MSWC) were dismissed, and at least five were suspended from MPL over the February 27 demonstration.

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Former police chief questioned over Dr Afrasheem murder, Raajje TV arson

Former police commissioner and opposition MP Abdulla Riyaz was summoned to the police headquarters last night over comments he had made over the murder of MP Dr Afrasheem Ali and the torching of the Raajje TV studios.

Riyaz said he was questioned about remarks made in an appearance on Raajje TV on April 20.

The MP had said he would reveal information on Dr Afrasheem’s murder in October 2012 “when the time comes” and that police had been negligent in the arson attack in October 2013 that had destroyed the opposition-aligned private broadcaster’s offices.

The Jumhooree Party (JP) MP for Thaa Kibidhoo said he was asked if he had any additional information on the two cases.

“I said any information I got at the time will be with the police,” he told reporters outside the police headquarters.

Riyaz was police chief from February 2012 until his resignation in November 2013, shortly after president Abdulla Yameen assumed office.

Police accused him of disclosing state secrets or confidential information, Riyaz said, but the specific information in question was not made clear.

Riyaz stressed that he had not revealed any sensitive information during the Raajje TV interview, adding that he had faced criticism from the public for not doing so.

Explaining what he meant by revealing information “when the time comes,” Riyaz said he will answer truthfully if he is questioned at court or the parliament’s national security committee.

Police did not take his statement as he spoke “off the record” and told interrogators he would remain silent over the allegations against him.

Riyaz said he chose to remain silent because “the government is framing politicians”.

The MP said he was afraid to drive his car without checking to see if anything has been planted, he said, claiming that attempts were being made to frame him with drugs.

Riyaz has maintained that police framed ex-defence minister Mohamed Nazim, who was sentenced to 11 years in jail in March over weapons smuggling charges after police found a pistol in his apartment in late January.

He also called on police to provide updates to the public about the investigation of Dr Afrasheem’s murder, the Raajje TV arson, and the disappearance of Minivan News journalist Ahmed Rilwan.

The police summons for Riyaz came amid heightened political tension in the wake of a crackdown on a mass anti-government rally on Friday. Nearly 200 protesters were arrested after clashes with riot police in the largest anti-government demonstration in a decade.

Opposition leaders involved in organising the May Day protest, including senior members of the JP, have since been arrested. Riyaz is the deputy leader of the JP’s parliamentary group.

In December 2012, Riyaz had said that Dr Afrasheem’s murder was politically motivated with a local gang offered MVR4 million (US$260,000) to carry it out.

The late moderate religious scholar and Progressive Party of Maldives MP was brutally stabbed to death on October 1, 2013 in a murder that shocked the nation.

Hussain Humam, the chief suspect in the murder and the only person convicted of the crime so far, has alleged president Abdulla Yameen and tourism minister Ahmed Adeeb’s involvement in the killing.

However, Adeeb accused the opposition of orchestrating Humam’s remarks in a “character assassination” attempt. Humam had said at the first hearing of his appeal at the High Court last month that president Yameen and Adeeb “will know best” the details of the murder.

Former president Maumoon Abdul Gayoom meanwhile told reporters yesterday that president Yameen should sue opposition politicians alleging his involvement in the murder for defamation and strongly condemned the insinuations.

Humam was found guilty and sentenced to death in January 2014 while a second suspect charged with Dr Afrasheem’s murder, Ali Shan, was acquitted in September last year with the court citing insufficient evidence.

Shan was implicated in Humam’s confession, but the judge said several witnesses had testified that the accused was at a restaurant at the time the murder took place.

A third suspect, Azlif Rauf, who Humam said had planned the murder, left to Turkey with six members of Malé’s Kuda Henveiru gang in January.

The Raajje TV studio was meanwhile torched and completely destroyed on October 7, 2013. Suspects arrested in connection with the arson attack have yet to face trial despite CCTV footage of the arsonists.

Reporters Without Borders at the time condemned the police for failure to defend the station despite repeated requests for protection, and the forwarding of a specific threat the previous evening.

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Cameraman ‘forced’ to erase footage of PG meeting judge

A cameraman of the opposition aligned Raajje TV was forced to erase footage of a meeting between prosecutor general Muhthaz Muhsin and criminal court judge Abdul Bari Yousuf at a café, the broadcasting commission has found.

The PG allegedly met Bari at the Café Layaali in Malé on March 8 while the latter was presiding over former president Mohamed Nasheed’s terrorism trial.

The pair have denied the meeting took place, and Muhsin has previously said he would resign immediately if the allegations are proven to be true.

Following an inquiry, the commission determined on Monday that the Raajje TV journalists “faced reasons forcing them to delete the footage.”

“As the commission saw that this was a situation that obstructed press freedom, the members who participated in the meeting to conclude this case decided unanimously to appeal to all parties to ensure that broadcasters and the media as a whole do not face such compulsion in order to maintain an environment where journalists can fully exercise the right guaranteed by the constitution and laws without fear,” reads the summary statement of the report prepared the commission.

The commission also investigated a complaint alleging that Raajje TV disseminated false information as PG Muhsin denied meeting the judge. The commission decided that the station did not violate the broadcasting code of content as it had sought comment from both Muhsin and Bari.

The meeting took place days before a three-judge panel sentenced ex-president Nasheed to 13 years in prison on terrorism charges. Judge Bari also presided over ex-defence minister Mohamed Nazim’s trial on weapons smuggling charges.

After Raajje TV reported the alleged meeting, the criminal court barred the station’s reporters from attending hearings. The court accused Raajje TV of “spreading lies about judges, meddling in judges personal affairs and engaging in actions that may harm judges.”

Muhsin meanwhile told Minivan News at the time that the judge was already at the café when he went there for a meal with family members.

However, Raajje TV insisted the pair were sitting at the same table and that Muhsin had walked away when the journalist started asking questions.

At the time, a Raajje TV staff told Minivan News that a group of young men led by Progressive Party of the Maldives MP Ahmed Assad forced the cameramen to delete the footage.

In 2013, the watchdog Judicial Service Commission suspended Judge Bari for over a year pending the outcome of a complaint lodged against him for alleged misconduct.

Although the commission did not reveal any details of the complaint, local media reported that a female attorney from the Prosecutor General’s Office had alleged that Bari had sexually assaulted her.

Bari was cleared of the allegations and resumed duty at Criminal Court on July 24, 2014.

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Islamic Minister resigns from the cabinet

The minister of Islamic affairs Dr Mohamed Shaheem Ali Saeed has resigned from the cabinet today.

The Adhaalath Party member announced his resignation in a tweet. “I have resigned from the Islamic minister’s post,” he said.

Shaheem’s resignation comes after the police arrested Adhaalath Party president Sheikh Imran Abdulla during a mass anti-government protest on Friday. The religious conservative party had split from the ruling coalition in March after the arrest and trial of ex-defence minister Mohamed Nazim on weapons smuggling charges.

Dr Shaheem said that it was an immense pleasure to be part of President Abdulla Yameen’s cabinet, and thanked the government for its support.

His resignation comes within two days of opposition-aligned religious conservative Adhaalath Party calling upon all party members in high-level government positions to resign immediately.

President’s office spokesperson Ibrahim Muaz Ali confirmed the resignation via twitter, but declined to comment further.

Several members of the Adhaalath Party had resigned from the government in March and joined the main opposition Maldivian Democratic Party (MDP) in a campaign against government authoritarianism.

But it is not clear if Shaheem will join the campaign. He was unavailable for comment at the time of going to press.

The Adhaalath Party has congratulated Shaheem for the “courageous” decision to resign from the cabinet, describing it as one that would benefit the country.

Speaking to Minivan News, former deputy gender minister Sidhatha Shareef said Shaheem’s resignation demonstrated his loyalty to the party.

However, she pointed out that she quit the ministry in order to “respect the party’s stand after it split from the ruling coalition. Dr Shaheem resigned after the party called upon party members in the government to resign.”

Adhaalath Party secretary general Iyaadh Hameed on Sunday called on all party members to resign following Imran’s arrest. The sheikh has been remanded for 15 days.

The opposition is continuing its protests despite a crackdown and the arrest of nearly 200 people from the May Day protest.

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Opposition councillors denounce ‘intimidation’ by government

The home ministry is attempting to intimidate island councillors by requesting a list of councillors present in Malé during a mass anti-government protest on May Day, the opposition has said.

Home minister and head of the local government authority, Umar Naseer, last week also asked the anti corruption watchdog to penalise any councillors who may have traveled on state funds to the capital this weekend.

Councillors are required to inform the LGA or the island council before traveling out of their islands.

Nearly 200 people were arrested and scores were injured in violent clashes at the largest anti-government protest in a decade.

Meanwhile, several opposition dominated councils have passed resolutions to boycott the home ministry’s celebrations for the golden jubilee of independence this year. The ministry has threatened to dissolve such councils.

Speaking to the press outside the LGA today, council member for northern Haa Dhaal Neykurendhoo island Mohamed Ibrahim said: “We were elected by the people, we do what they want, nobody voted for Umar Naseer.”

The opposition is protesting over the imprisonment of ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim. Despite a crackdown on and the dispersal of the May Day protest, the allied opposition parties say they will continue with daily protests.

Deputy chairperson of the main opposition Maldivian Democratic Party, Ali Niyaz, said 300 of the party’s 450 councillors had taken part in the mass protest. There are over a 1,000 councillors for 188 islands and two cities in the Maldives.

“Most of the councillors travelled to the capital using their own funds while others passed resolutions and travelled using state funds,” Niyaz said.

President of Baa Atoll council, Adil Mohamed, has accused the government of attempting to destroy decentralisation in the country by its threat to dissolve councils.

“They could take any action against councillors, but that will fail to hide the suffering of the people,” he said. The MDP councillor also criticised the government’s decision to discontinue electricity subsidies to businesses in the islands saying many businesses were now heading into bankruptcy.

Condemning the home ministry order on the Alif Dhaal atoll council to withdraw a resolution to boycott independence day celebrations, one councillor said: “The country lacks its freedom now and it will be better to work to restore freedom rather than celebrate it.”

Hussein Shaamil, council member of Meemu Kolhufushi, said that councillors were elected for public service, and said he would participate in whatever political activity necessary, whenever required.

Shaamil also called upon the Alif Dhaal council to defend its motion and pledged to support the atoll council.

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Global spotlight poses ‘enormous challenges’ to Maldives democracy

The global spotlight on the Maldives has exacerbated challenges to consolidating democracy following the introduction of a multi-party system of governance, the government has told the UN.

The 2008 constitution established independent state institutions and “diluted” the power of the executive branch, “posing considerable challenges to maintaining political order in the society,” states the government’s submission to the UN human rights council’s Universal Period Review (UPR).

“These challenges have been exacerbated by the realities of having to nurture and cultivate an entirely new system of governance under global spotlight,” reads the national UPR report.

“The level and depth of international scrutiny means that it has been an enormous challenge to ensure that the Maldivian state and its institutions are given the necessary space to make their own decisions, and emerge as an organic set of institutions tailored to provide local solutions to local challenges.”

The UPR process involves a periodic examination of the human rights situation of all member states based on submissions from the state, the human rights body, and NGOs.

Foreign minister Dunya Maumoon is currently in Geneva to attend the Maldives’ review scheduled to take place tomorrow. The country’s first review took place in 2010.

A working group comprised of the human rights council’s 47 member states will conduct the Maldives’ review. Several Western governments have submitted questions on judicial reform, former president Mohamed Nasheed’s trial, the reintroduction of the death penalty, and lack of religious freedom.

The second review comes amid a deepening political crisis and growing international and domestic pressure for the release of imprisoned opposition politicians, including Nasheed, ex-defence minister Mohamed Nazim, and leaders of allied opposition parties arrested in a crackdown on a mass anti-government rally on Friday.

The national report went on to say that “prolonged political tensions generated by political opposition, and continuous international scrutiny of the government’s attempts in reducing such tensions meant that the government is required to spend more time in explaining its actions to international partners, instead of focusing on governance, and implementation of its political and international obligations, including those on human rights.”

The scrutiny has also led to “disillusionment in some quarters of the population about the true spirit and gains of democracy, and for others to believe that the ultimate remedy for any local political grievance is to be found at the international level, instead of through local institutions established by an ardours [sic], yet democratic, process.”

The conviction of ex-president Nasheed on terrorism charges after a 19-day trial was widely criticised by foreign governments, the UN, and Amnesty International over the apparent lack of due process. However, the government has remained defiant in the face of international criticism and “meddling” in internal affairs.

In contrast, the main opposition Maldivian Democratic Party yesterday welcomed statements from the US, UN and Canada as well as a resolution by the European parliament calling for Nasheed’s release.

The government meanwhile stated that despite numerous challenges, the country’s “democratic growth trajectory is continuing in a steady upward momentum”.

The country has made progress with free education, universal health care, and 2,630 social housing units built to date, the report continued, while the Maldives has achieved three millenium development goals with infant and maternal mortality rates on par with developed countries and eradication of polio, malaria, and other vaccine-preventable diseases.

The report also noted the enactment of legislation on anti-torture, prisons and parole, anti-money laundering and terrorism financing, extradition, and the passage of a new penal code.

Legislation on anti-domestic violence, sexual offences, sexual harassment, and disabilities represented “significant gains in protecting the rights of vulnerable groups.”

The persisting challenges include geographic dispersion of the small population, climate change, lack of capacity and technical expertise.

“Emerging challenges such as religious issues posed by differing interpretations of religious teachings, the high prevalence of drug abuse, and closely related issue of gang violence will bring up new issues in realising human rights in the country,” the report stated.

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EU calls for political dialogue to resolve crisis

The European Union has called on political parties in the Maldives to engage in dialogue to resolve a deepening political crisis.

The EU delegation along with EU heads of mission and the ambassador of Norway in Sri Lanka called for dialogue after strongly condemning “the violence which occurred at the public demonstration held in Malé on 1 May 2015.”

Nearly 200 protesters were arrested from the anti-government mass rally following a police crackdown, including Adhaalath Party (AP) president Sheikh Imran Abdulla and main opposition Maldivian Democratic Party (MDP) chairperson Ali Waheed.

The opposition ‘Maldivians against tyranny’ alliance had vowed to bring president Abdulla Yameen to the negotiating table through the mass rally.

Last week, Imran refused to negotiate with president Yameen’s envoy for the talks, tourism minister Ahmed Adeeb, calling the ruling party’s deputy leader “corrupt” and “a criminal.”

The EU meanwhile called on all sides to “exercise restraint and to refrain from any acts which could make the current political situation worse.”

“The EU delegation is especially disappointed because of the reassurances which the visiting EU [heads of mission] had received from all major Maldivian political parties and the government that every effort would be made to ensure that peace would prevail on 1 May,” reads a statement released yesterday.

The opposition May Day protest began peacefully with an estimated 20,000 supporters marching across the capital’s main thoroughfare Majeedhee Magu, calling for an end to the government’s “tyranny” and demanding the release of former president Mohamed Nasheed, ex-defence minister Mohamed Nazim.

However, clashes erupted when protesters attempted to break through police barricades to perform sunset prayers at the Islamic centre. Protests are prohibited at the Republic square or the restricted ‘green zone’ in front of the mosque.

Police cracked down with tear gas, thunder flashes, stun grenades, and the indiscriminate use of pepper spray.

Later in the night, a Specialist Operations (SO) police officer left behind after a baton charge was tripped and severely beaten by protesters. He was sent to Sri Lanka for medical treatment along with another officer injured after a protest pickup charged through police lines at dusk.

The president’s office spokesperson Ibrahim Muaz Ali declared after Sheikh Imran’s arrest that the government will no longer hold discussions with the Adhaalath Party leader.

The EU parliament meanwhile passed a resolution last week calling on member states to issue warnings on the Maldives’ human right records on their travel advice websites and demanding the release of ex-president Nasheed.

In a visit to Sri Lanka, US Secretary of State John Kerry echoed the calls and warned that democracy is under threat in the Maldives.

“We’ve seen even now how regrettably there are troubling signs that democracy is under threat in the Maldives where the former president Nasheed has been imprisoned without due process,” he said.

“This is an injustice that needs to be addressed soon.”

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