Victim’s family welcomes Interpol red notice for murder suspect

The family of murder victim Ahmed Jailam Shakir has welcomed an Interpol red notice issued to locate a suspect and a High Court order for the criminal court to accept the case.

The red notice was issued for 19-year-old Mohamed Humaid, who had fled to Sri Lanka in late February. The Interpol site states that Humaid is wanted for prosecution on charges of “gang murder, gang assault with sharp weapons.”

Jailam’s mother, Moomina Ahmed, told Minivan News today that she is happy about the development as the suspect was dangerous.

“I think if the suspects remain free they are a danger to the society too. So he should be found soon,” Moomina said.

Jailam was stabbed numerous times by two men armed with machetes while he was sitting outside his house, eyewitnesses told Minivan News.

Three other suspects have been charged with murder in connection with the 23-year-old Jailam’s fatal stabbing on February 21.

The Prosecutor General’s (PG) office had charged the suspects under the Intimidation and Possession of Dangerous Weapons and Sharp Instruments Act, but the criminal court’s registrar refused to accept the case, contending that the PG office’s interpretation of 2010 law was incorrect. The exact charges have not been disclosed to the media yet.

PG office media official Mohamed Hisham Wajeeh said the office did not understand the criminal court’s objection as the registrar had not offered much detail.

“It is an issue regarding substance of the law so it is for the judge to make a decision on it, not the court’s registrar,” Hisham said.

The case was complicated due to the involvement of multiple suspects, he said, and criticised the criminal court for revealing details of charges to local media. “I think it is very unethical for them to do so, I do not think this occurs anywhere else in the world either,” he said.

Upon appeal by the PG office, the High Court ordered the lower court to accept the case if it is filed within seven days. Hisham said the court has since decided to hear the case, but hearings have not commenced yet.

Moomina meanwhile expressed appreciation for the PG office’s efforts, but said she remained unsatisfied.

“I’m glad the High Court overturned the criminal court refusal to accept the case. But my hope is that the process of prosecuting the suspects will go more quickly. It has been three months since my son was killed but so far the trial has not yet begun,” Moomina said.

She added that the authorities should punish the perpetrators in accordance with the law. “There is no punishment I can give that can bring my son back,” she said.

A 20-year-old suspect was reportedly arrested on March 10 whilst two other suspects, aged 19 and 24, were taken into police custody with arrest warrants on March 3.

The criminal court extended the remand detention of the latter to 15 days.

Since 2001, Maldives has seen 42 murders including Jailam’s. Prosecution was completed in just a fraction of the cases.

Jailam’s murder occurred two months after Ahmed Mafaz, 28, was killed last December. In late March, the police launched a joint security operation with the army following the the murder of a 29-year-old man in Malé.

On June 16, a 19-year-old victim of an assault in Addu City died while undergoing treatment for injuries. Hussain Shiar’s fatal stabbing was the sixth murder in 2015. The police revealed today that four suspects have been arrested this week in connection with Shiar’s murder, including two 20-year-old men, a 22-year-old man, and 24-year-old man.

All four suspects have criminal records and are being held in remand detention.

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Comment: New penal code comes into effect! A truly historic moment

This article is by Hussein Shameem, a partner at Aequitas Legal Consultants and the former deputy Prosecutor General. 

Today is July 16, 2015, a momentous day in the history of the Maldives’ criminal justice system. The penal code of 1968 expired at 11:59pm on July 15. In this historic moment, 12am on July 16, 2015, a brand new penal code takes effect in the Maldives.

The revolutionary change we are ushering in today is significant even by global standards, and equivalent to the historic change brought by the ratification of a new constitution in the Maldives on August 7, 2008. The constitution, in addition to granting many fundamental rights, also brought in major reforms to the criminal justice system. These reforms can only be complete with the enforcement of the new penal code.

Article 61 (b) of the constitution states: “No person may be subjected to any punishment except pursuant to a statute or pursuant to a regulation made under authority of a statute, which has been made available to the public and which defines the criminal offence and the punishment for commission of the offence.”

The statute that defines criminal offences and the punishment for the commission of those offences is the penal code that took effect today. This law states, in clear and simple language and not in legal jargon, what criminal offences are and what their corresponding punishments are.

This penal code will improve transparency in the law enforcement sector. It clearly lays out what law enforcement officers can and cannot do, and provides measures that judges must refer to in meting out punishment. It allows an offender to argue several justifications in their defense, such as self- defense, defense of property or that of law enforcement authorities.

This is the age of transparency and access to information. Laws must clearly state how people are to be treated. This is a crucial element of the philosophy of the rule of law. If an individual knows beforehand how they will be treated under the law, it will increase their trust in the legal system. Public trust is one element lacking in and much needed for the Maldives criminal justice system. This penal code paves a path to gain that trust.

This penal code only applies to events that occur after 12:01am on July 16, 2015. Hence, the old law will be used in the prosecution of events that occurred before the new law came into force. This is because the public must be notified before a certain action is declared as a new offence. If an act is not an offence at the time at which it was committed, the person who committed the act cannot be prosecuted retroactively by a new law. This is not justice. Since this law came into force today, and since the notice was provided today, this law only applies to events that occur today onwards.

What will happen to cases under investigation at present?

Some crimes are reported to the police only days after they took place. Since the current penal code only applies to events that occur from today onwards, the police must consider the date on which the reported offence took place. Depending on the date of the alleged offence, the law they apply will be different. Hence, law enforcement agencies will have to consider both laws for a time being. But this will be resolved soon, when police start receiving reports of events that occur from today onwards.

This overlap is inevitable. If the enforcement of a criminal law is suspended for any period of time, it may permit criminality for that period. The police and law enforcement agencies will have to bear some difficulties in this period of transition, for our protection and safety.

What will happen to cases sent for prosecution to the Prosecutor General’s Office?

The Prosecutor General (PG) must press charges according to the law in force at the time that an offence was committed. Even if the punishment for the offence is considerably lesser in the new law, the charges must be filed under provisions in the law in effect at the time the act was committed.

Judges, however, must consider the more lenient punishment in sentencing. I will address that in the next section

What will happen to ongoing cases at the criminal court?

With the enforcement of the new penal code, prosecution in ongoing cases will continue according to the offence the person was charged with under the old law.

However, the accused has the following rights:

Firstly, the defendant will have the right to the justifications outlined in chapter 40, 50 and 60 of the current penal code. For example, if the offence was committed in self-defense, the defendant can take this argument up in the trial. Chapter 40 introduces six defenses, chapter 50 introduces seven, and chapter 60 introduces six. These chapters detail how these justifications can be used. The defendant will now have the right to argue the justification relevant to their circumstances.

Secondly, Article 59 (a) of the constitution states that if the punishment for an offence has been reduced between the time of commission and the time of sentencing, the accused is entitled to the benefit of the lesser punishment. Hence, judges are obligated to consider the punishments outlined in the old and new laws and mete out the lesser punishment. If not, the accused has the right to appeal the sentence at the High Court. Unlike before, the accused can appeal either the reasoning or the severity of the sentence at the High Court. If judges find that the accused was handed the severe sentence, they can reduce the sentence to the lesser punishment.

What will happen to completed cases?

If a case had been tried and a verdict had been delivered before the new law came into force, there will be no change to the sentence.

Exempted Acts

Even though the new penal code takes effect today, Article 18 states that the following acts shall take precedence (meaning provisions in the following Acts will take precedence over that in the penal code):

  • Act 12/2009: Special Provisions Act to Deal with Child Sex Abuse Offenders
  • Act 17/2010: Intimidation and Possession of Dangerous Weapons and Sharp Instruments
  • Act 17/2011: Narcotic Drugs Act
  • Act 12/2013: Anti-Human Trafficking Law
  • Act 13/2013: Anti-Torture Act
  • Act 10/2014: Money Laundering and Terrorism Financing Act
  • Act 17/2014: Sexual Offences Act

Even though provisions in the above-mentioned laws will take precedence over the penal code, for prosecution under those laws, the defendant will get the benefit of defenses. If the defendant is able to prove such a defense, they may not be punished. For example, if a defendant is able to prove they were mentally incapacitated at the time of committing the offence, they may not be sentenced.

The offences mentioned in these laws, and the procedures relating to those offences must be reviewed by the Majlis and a decision on the annulment of these Acts must be made before July 15, 2016.

Because of all the reasons outlined above, the enforcement of the new penal code is truly a historic event. It opens doors for the Maldivian criminal justice system to become a globally accepted system.

Human beings wrote the penal code. Therefore, it is likely to have some flaws. They will become clearer as we begin to enforce the new law. These flaws can be corrected and the law can be improved further. In all countries, it takes some time to reform and improve laws. Our task now is to identify such gaps and block them. The Attorney General’s Office has set up a mechanism to do so—the Legal Resource Center (LRC). This center will consult with all stakeholders, conduct research and bring the necessary reforms to this law.

The legal system is not just dependent on good laws, but also on their enforcement. If we are unable to implement and enforce the law, even the most perfect law will not bring resolutions. I call on the law enforcement agencies to be sincere in enforcing this law, even if there are some difficulties at first. When problems arise, we must resolve them. The real problem is when there is no interest in solving problems.

Shameem is a consultant with the Legal Resource Center. 

This is a translation of an article written in Dhivehi. Translation by Zaheena Rasheed. 

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Only three judges trained on new penal code

A new penal code is due to come into force at midnight tonight, but the three judges of the Juvenile Court are the only judges who have been trained on the provisions in the new law, reliable sources have told Minivan News. 

The juvenile court has declined to comment on the matter, while the Department of Judicial Administration (DJA) said no judges have been trained on the new law.

Judges and lawyers told Minivan News in April that the Supreme Court has denied permission for judges and magistrates to attend trainings conducted by the attorney general’s office and the UNDP at a special legal sector resource center, which was set up last year to train law enforcement agencies, judges, lawyers and journalists on the new penal code.

“The penal code is a large, extensive document with criminal proceedings that is new to the Maldives. I wanted to attend but the Supreme Court wouldn’t give us permission,” a judge who wanted to remain anonymous told Minivan News at the time.

The existing penal code was adopted in 1968 and has been criticised as draconian, outdated and not in line with the democratic constitution of 2008.

Speaking at a symposium about the new penal code in April, Attorney General Mohamed Anil said the country should bid farewell to the existing law “without any fear” as it was unsuited to the present day. The Majlis however delayed the law’s enforcement by three months in the same month claiming more time was needed to raise awareness.

Former Prosecutor General Hussain Shameem says that some 1100 people people have been provided extensive training as part of preparations for implementing the penal code.

“We have never been more prepared for a law than this,” he said.

The Supreme Court has meanwhile drafted a penal code of its own, which proposes lowering the age of criminal responsibility to seven years and sets hefty fines and jail terms for defaming a state employee.

But the People’s Majlis has suspended its sittings to block MPs from submitting any changes. Explaining the decision to suspend sittings, a senior ruling party MP told Minivan News: “We will not allow the judiciary to dictate laws and overstep its mandate.”

A source familiar with the apex court’s draft said it will undo ten years of work put into modernizing the Maldives’ criminal laws.

In the draft, defamation of a state employee by using the media is punishable by up to eight months in jail or a MVR15,000 fine. Providing misleading statements about court proceedings is punishable by up to three years in jail and a maximum fine of MVR30,000.

Reporters will have to bear criminal responsibility for translating or reproducing statements issued by international bodies that defame state employees, the draft said. Meanwhile, courts can also shut down media outlets if defamatory statements are published.

However, with the new penal code, the Maldives will become the first Islamic country to adopt a criminal law compatible with both the Islamic Shariah and international human rights standards.

The Maldivian judiciary has been widely criticized over politicization and the lack of academic qualification of sitting judges. The new penal code will regulate judge’s discretion in meting out punishments.

Correction: Minivan News has removed a statement from this article that said the training of the juvenile court judges had taken place without the Supreme Court’s permission.

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Majlis shutdown to ‘block changes to new penal code’

Sittings of the People’s Majlis were suspended this week to block MPs from submitting changes to the long awaited penal code, which is due to come into force at midnight tonight.

The Supreme Court has compiled a 150-page draft of a new bill to overhaul the modern penal code. Explaining the decision to suspend sittings, a senior ruling party MP said: “We will not allow the judiciary to dictate laws and overstep its mandate.”

Minivan News has obtained some excerpts of the judiciary proposed bill. The apex court wants to set the age of criminal responsibility to seven years and jail terms and hefty fines for defaming state employees.

The new penal code, passed by the Majlis in 2014, was due to come into force in April this year. But the ruling Progressive Party of the Maldives (PPM) delayed its enforcement until July 16, claiming more time is needed to raise public awareness.

Attorney General Mohamed Anil and Prosecutor General Muhthaz Muhsin had opposed the delay. Judges have been working on a draft since then, multiple sources have told Minivan News.

The new penal code is to replace a law adopted in 1968. It sets the age of criminal responsibility at 15 years. Offenders between 15-18 years will be prosecuted by the Juvenile Court, and will receive lighter sentences.

While the draft proposed by the apex court also sets lighter terms for children between 7-18 years, it gives judges the discretion to mete out full punishments provided in the Islamic Shariah.

The apex court also wants to introduce hard labor in jail as a punishment.

Defamation of a state employee by using the media is punishable by up to eight months in jail or a MVR15,000 fine. Providing misleading statements about court proceedings is punishable by up to three years in jail and a maximum fine of MVR30,000.

Reporters will have to bear criminal responsibility for translating or reproducing statements issued by international bodies that defame state employees, the draft said. Meanwhile, courts can also shut down media outlets if defamatory statements are published.

If an unmarried man has extramarital intercourse, he will be sentenced to a year under house arrest and 100 lashes. An unmarried woman who simply invites extramarital sex is sentenced to 100 lashes and a year under house arrest.

The apex court’s draft also criminalizes abortion, unless it is carried out to save the mother’s life or for a reason stated in another law. The new penal code legalizes abortion up to three months after conception, and makes exemptions for cases of rape even after the three-month cut off.

Terrorism is loosely defined as committing murders, kidnappings, hijacking of vessels, damaging diplomatic missions with the intent of undermining the constitution or influence government policy. Offenders can be sentenced to 10-15 years in jail.

Other offences in the draft include leaving goods on the street or placing chimneys or drainage systems in a manner that disturbs others. The offence is punishable with up to three months under house arrest and a fine.

Meanwhile, if the guardian of a mentally challenged person “sets them loose in a public area and they go on to disturb or cause harm,” the guardian will be punished with three months of house arrest and a fine of up to MVR2,000.

A source familiar with the apex court’s draft said it will undo ten years of work put into modernizing the Maldives’ criminal laws.

The existing penal code of 1968 has been criticized as draconian, outdated and not in line with the Maldives’ obligations under international human rights conventions.

With the new penal, the Maldives will become the first Islamic country to adopt a criminal law compatible with both the Islamic Shariah and international human rights standards.

The Maldivian judiciary has been widely criticized over politicization and the lack of academic qualification of sitting judges. The new penal code will regulate judge’s discretion in meting out punishments.

The landmark law brings together provisions in some 90 laws that specify criminal offences under one law.

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Three-hour play, skydiving among Independence day activities

A three-hour play with 2,000 students from across the country and a skydiving event are among activities planned to mark 50 years of independence.

The government is planning grand celebrations to mark the Maldives’ golden jubilee of independence from the British on July 26, including a parade by the army and school brass bands, reopening of public parks with water fountains, an official function at the Usfasgandu area with more than 100 foreign dignitaries, official games at the national stadium, and an atoll football tournament.

The government has not yet disclosed the full program for the day.

Deputy minister for home affairs Ahmed ‘Maaz’ Saleem, who is in charge of the ‘Minivan 50’ (Independence 50) office organising the celebratory activities, told the press that the three-hour drill will take place at the national stadium from 9pm to 12pm on the night of July 27.

The play will show different stages of Maldivian history from the Buddhist-era to the present and depict the sacrifices of national heroes to maintain the country’s independence, Saleem said.

The drill will also feature video projections. The Minivan 50 office has awarded a contract to a British company called The Projection Studio to manage sound, light and projection at the official celebrations.

Some 15 Maldivians have meanwhile undergone a 15-day training session in Addu City for a skydiving event on the night on June 27.

The skydivers will land at the national stadium using special parachutes manufactured with the national flag.

The second part of the skydiving training is due to start in Malé tomorrow with Malaysian trainers.

Several areas at Male’s waterfront have meanwhile been closed off as the government rushes to complete major renovation projects including a new official jetty and a musical water fountain at the Republic Square before July 26.

Meanwhile, president’s office minister Mohamed Hussain Shareef told the press earlier this week that more than a 1,000 people will attend the official function on July 26, including all Maldivian citizens born on July 26, 1965.

Shareef also dismissed allegations of corruption in the use of the independence day budget. The home ministry has received special permission from the finance ministry to award some projects without a bidding process due to lack of time.

The president’s office minister refused to disclose the total amount allocated for independence day, but finance minister Abdulla Jihad last week told Minivan News the budget was MVR150 million (US$9.7million).

 

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UN rights team calls on ex president

A team from the UN Office of the High Commissioner for Human Rights (OHCHR) met on Tuesday with former president Mohamed Nasheed at his residence, where he remains under house arrest over a terrorism conviction.

Nasheed’s wife Laila Ali met with UN human rights commissioner on human rights Zeid Ra’ad Al Hussein in Geneva on July 8. The commissioner has previously said the rushed trial appeared to contravene the Maldives’ constitution and international treaties it was signatory to.

Nasheed was sentenced to 13 years in jail over the arrest of a judge during his tenure. He was transferred to house arrest in a move widely perceived as a deal made with the government for opposition backing on a constitutional amendment that will allow President Abdulla Yameen to replace his deputy.

The main opposition Maldivian Democratic Party (MDP) is now in talks with the government. An MDP representative has suggested Nasheed may be freed by July 26.

Nasheed has filed a petition with the UN working group on arbitrary detention asking for a judgment ruling his imprisonment as illegal and arbitrary. A decision is expected in September or October.

The OHCHR team has also met with the Maldivian foreign secretary Ali Naseer on July 13.

Diplomatic pressure has been mounting on President Yameen’s administration to release Nasheed and other political prisoners.

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Rumors abound over PPM split on appointment of new vice president

Rumors once again swirled in Malé today that former president Maumoon Abdul Gayoom is opposed to his half-brother, President Abdulla Yameen, appointing the tourism minister as the new vice president. Gayoom, however, for a second time this week, denied favoring a particular candidate.

Newspaper Haveeru today said Gayoom had sent a text message to Yameen warning of negative public perception if the influential tourism minister Ahmed Adeeb is appointed vice president.

The president of 30 years promptly denied the rumor on Twitter, reiterating that the appointment of a deputy is the sole prerogative of the president. “I did not send a message to the President asking him to appoint or not appoint any person as Vice-President,” the PPM leader tweeted from Oman, where he has been sent as a special envoy of the president.

A vote on incumbent vice president Mohamed Jameel Ahmed’s impeachment is expected next week.

Supporters are meanwhile continuing a social media campaign backing Adeeb for the position. The photo campaign has now gathered some 800 participants. But critics have questioned the need for a campaign noting the president is authorized to appoint whomever he desires to the post.

President Abdulla Yameen’s silence on the new appointment, rumors over Gayoom’s opposition and the “ISupportAdeeb4VP” campaign has triggered speculation that Adeeb’s appointment as the new deputy may not be as certain as it appeared in late June, when the Majlis passed a constitutional amendment that makes Adeeb eligible for the vice presidency.

The amendment sets new age-limits of 30-65 years for the presidency and vice presidency. Adeeb is 33 years old and was previously ineligible as the constitution had said candidates must be above 35 years of age.

Soon afterwards, the tourism minister reprimanded Gayoom’s son, newly elected MP Ahmed Faris, for his absence from the vote.

Accusing Faris of letting Yameen down, Adeeb said in a text message in English: “You cannot differentiate youth or any segment with educated, non educated, poor and rich, beyfulhu [aristocrat] or non beyfulhu [non-aristocrat] etc.”

In a second text message, Adeeb told Progressive Party of the Maldives (PPM) MPs that President Yameen must be allowed to rule without internal resistance. “I have witnessed how difficult it is for HEP Yameen to rule with many frictions, I think we need to discuss this at party level,” he wrote.

Faris’ absence triggered speculation that Gayoom opposed Jameel’s impeachment.

Soon after Haveeru published its article today, Adeeb’s supporters took to social media expressing support for his appointment as the new presidential deputy. “The vice presidency is not reserved for individuals of a particular clan. We must change this way of thinking and allow opportunities for the younger generation,” wrote PPM member Hussain Shinan.

Moosa Anwar, one of the organisers in the campaign told Minivan News today that “the number of people participating in the campaign shows how much support Adeeb has.”

“The current vice president has fled to London and is not doing his job. We are sure Adeeb will make a better VP than Jameel,” he said.

Jameel left to London abruptly the day after the constitutional amendment was passed in Majlis. A 14-day notice for him to answer charges in an impeachment motion submitted to parliament by the ruling party expired today without a written response.

Rumours also spread today about the government is clearing out the vice president’s residence Hilaaleege. However, the Maldives National Defence Force spokesperson denied the claims.

President Yameen is meanwhile yet to publicly comment either on the vice president’s impeachment or a favoured candidate for the post.

Speaking to Minivan News today, president’s office spokesperson Ibrahim Muaz Ali said that “only the president will know who he will appoint to the post, if the post becomes vacated for whatever reasons.”

Yameen is reportedly seeking to replace Jameel over incompetence and disloyalty. In a meeting with the PPM parliamentary group last week, Yameen reportedly showed MPs proof of Jameel’s correspondence with opposition politicians ahead of a mass anti-government protest on May 1. In the messages Jameel reportedly asked if the opposition will let him assume the presidency if Yameen is ousted.

The opposition says Yameen wants to replace Jameel because he is fatally ill and is seeking a more loyal deputy ahead of a major surgery.

Jameel was not available for comment at the time of going to press. In an interview with the New Indian Express, he had labeled his impeachment a constitutional coup and suggested that the international community must intervene.

The PPM has secured the opposition’s backing for the impeachment motion, which was submitted with 61 signatures. A two-thirds majority or 57 votes will be required to vote Jameel out of office.

The parliament has also amended its standing orders to fast track the vice president’s impeachment.

The opposition’s backing for the amendment was widely perceived to be a deal made in exchange for jailed ex-president Mohamed Nasheed’s transfer to house arrest.

The government and Nasheed’s Maldivian Democratic Party (MDP) are currently engaged in talks to resolve a six-month long political crisis.

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Comment: Will the new anti-terror bill deter Maldivian ‘Jihadists’?

This op-ed is by Mohamed Hameed, the former head of the police intelligence department.

The first reports of Maldivians joining in and dying in the civil war in Syria came in during mid-2014. Since then, more than a hundred Maldivians, including women and children, are reported to have left the Maldives to fight in battle in the ongoing war in Syria and Iraq, and to live under the banner of the Islamic State. Dozens more have reportedly died. The latest are three young men from Malé’s Kuda Henveiru ward.

The Maldives needs legal measures to prevent the death and the steady outflow of Maldivians, but will the provisions in the new anti-terror bill, drafted by the Attorney General’s Office and submitted to parliament on July 6, act as a deterrent?

The bill metes out a jail term of between 17- 20 years for those who join in a foreign war or leave the Maldives with the intent of joining a foreign war. A jail term of 10 to 15 years is proposed for those who attempt to leave the Maldives with the same intent.

According to media reports, at least two groups of seven Maldivians have been caught in Sri Lanka and in Malaysia while attempting to board flights to Turkey. Under the new law, they may be jailed for up to 20 years.

Harsh penalties can act as a deterrent. But they are not enough.

The Maldives has tough laws on gang violence and knife crime. But the harsh penalties have done little to curb the fatal stabbings. In 2010, in response to a surge in murders of young men, the parliament passed a law banning threats and possession of dangerous weapons. The law metes out a jail term between six months and seven years for threats and up to three years in jail for possession of weapons. However, 12 people were killed in the ensuing two years.

In early 2014, President Abdulla Yameen’s administration removed a six-decade moratorium on the death penalty. In August of the same year, after three young men were stabbed to death in the space of a month, the parliament moved to restrict the right to remain silent and access to a lawyer for suspects. Since the amendments passed in December last year, six people have been killed, including three migrant workers.

Robust laws are never enough.

There have been multiple instances where law enforcement, especially investigative agencies have failed in dealing with cases of serious crime. This has affected public safety, and lead to questions over the force’s competence in protecting the public. The police service is perceived to operate without clear policies and strategies to tackle crime in the Maldives.

The model which the police service uses in order to achieve policing objectives is not known to the public or its officers. Counter-terrorism policing is a more complex subject where success relies heavily on how well regular police work is carried out in partnership with the communities the police service serves.

The criminalization of participation in foreign wars or attempting to do so is a minor aspect of the new anti-terrorism bill. The bill is mainly concerned with defining some 14 other offences as terrorism, including murder, disappearances, kidnappings, damaging property, hijacking vehicles, endangering public health or security, damaging public infrastructure and suspending public services. Punishments range from 20-25 years prison terms for perpetrators, and from 17-20 years for those caught planning a terror act.

Is the Maldives at threat from the above? Since the Sultan Park bomb incident of 2007, how many incidents of terror has the Maldives seen?

These questions are very important as the anti-terrorism bill curtails a host of civil liberties. The home minister is authorized to seek a monitoring and control or monicon order from the High Court to conduct surveillance of suspects, including tagging, restricting place of residence, restricting freedom of movement, intercepting communication and monitoring bank accounts. A monicon order can be issued without the knowledge of the suspect. The home minister only needs to provide the judge with a police intelligence report.

The monicon measures introduced in this bill appears to be modeled on the United Kingdom’s Terrorism Prevention and Investigation Measures (TPIMs) Act, passed in 2011. The law was passed in response to increasing risks of terrorism. The July 7 bombing of 2005 killed 52 and injured more than 700. Further, a significant majority of the UK’s migrant population are from Pakistan, a country considered the “epicenter of terrorism.” Do we face the same threats to justify the granting extensive powers to the law enforcement agencies and the curtailing of civil liberties?

It is also important to note that the prevention and investigative measures outlined in the UK Act is for those suspects who cannot be either prosecuted or deported by the UK authorities. In the case of this bill, monicon measures can be taken against suspects who are prosecuted and under trial, but cannot be held in custody.

While a monicon order can be sought on police intelligence information, it is important to note that there is no special law on the gathering and use of intelligence information. In the absence of such a legal or regulatory framework, there will always be questions over the credibility of such information. The provision of using intelligence in the anti-terrorism bill underscores the immediate importance of a framework on compiling intelligence reports. This framework must be agreed on by the law enforcement agencies, the prosecution authority and judiciary. Investigative agencies must be aware that intelligence information does not always count as evidence. Instead, it is good investigative practices that lead to successful convictions. A heavy dependence and high degree of admissibility for intelligence reports, as provided for in this bill, could lead to ineffective investigations.

It is true that a single act of terror can cripple the Maldives and its economy. The 1990 Anti-Terrorism Act is outdated and insufficient in dealing with the nature of modern crime. But is the proposed bill compatible with the risks Maldivians face?

The Maldivian government is yet to acknowledge how wide spread extremist ideologies are in the country. After months of pretending to have no knowledge of the number of Maldivians leaving for Syria, the home minister in December last year told the parliament there were some 7 Maldivians fighting abroad. The next month, the commissioner of police said the number was more than 50. Media reports since then indicate Maldivians are continuing to leave the country. The police have now begun questioning passengers on board flights to Turkey, even as reports indicated Maldivians were now seeking alternative routes to fly to Syria.

The risk of terrorism must not be underestimated. It is likely that there are some Maldivians with the motivation, the intent and the capabilities of carrying out acts of terror. But the most prevalent threats in the Maldives at present appear to be the recruitment of Maldivians for wars abroad and the spread of extremist ideologies. Although the bill does punish the dissemination of materials published by terrorist organizations, this is not enough to counter radical and extremist ideologies that give rise to terrorism and allow recruitment.

Comprehensive reforms and measures such as public awareness, early intervention and rehabilitation programmes to combat extremism must be put in place, along with or before the passage of this bill. There has to be a comprehensive picture on the problem of religious extremism and a cross-government strategy to tackle it. As a very first step, the government must publicly acknowledge the spread of extremist religious ideologies. Our elected officials must explain to the us the level and nature of threats we are facing and justify why we must allow the state to take away so many of our civil liberties.

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Indian arrested on child abuse charges, MP seeks publication of sex offenders registry

An Indian teacher has been arrested on charges of child sexual abuse from the island of Gemanafushi in Gaaf Alif atoll.

The 40-year-old expatriate was arrested with a court warrant around 4:20pm yesterday, a police media official said. The suspect is accused of sexually abusing under-aged girls for a long period, the official added.

The police declined to reveal further information as the investigation is ongoing, but local media has identified the suspect as an English teacher at the Gemafanushi school.

He is accused of repeatedly abusing secondary grade students.

Almost one in seven children of secondary school age in the Maldives have been sexually abused at some time in their lives, according to an unpublished 2009 study on violence against minors.

The rate of sexual abuse for boys was at 11 percent while the figure for girls were almost twice as high at 20 percent.

The arrest follows police uncovering a child prostitution ring in Fuvahmulah last week. Some 15 suspects have been arrested so far on suspicion of drugging, blackmailing, and forcing a 14-year-old girl and 16-year-old girl into prostitution.

The police said two men aged 20 and 24 were taken into custody today. The 20-year-old has a criminal record for assault and theft.

The 15 suspects in custody include people from Fuvahmulah as well as other islands, the police said.

Meanwhile, opposition Jumhooree Party MP Abdulla Riyaz has asked the parliament’s government oversight committee to investigate the failure to publicise a mandatory national registry of child sex offenders.

The former police commissioner noted that article 57 of the 2009 Child Sexual Abuse (Special Provisions) Act requires information about offenders to be made publicly available by the state agency responsible for the protection of children.

“In this regard, for the safety and protection of other citizens from offenders, and to eliminate possibilities for repetition of such offences, complete information about the offenders should be published in an internet website providing easy access to the information, and a mechanism should be established to identify offenders by their national identification numbers via short message service,” the provision states.

The former police commissioner also asked the oversight committee to determine if the relevant authorities have been negligent in protecting the victims of the Fuvahmulah child prostitution ring.

In February 2014, seven men were arrested from the island of Thinadhoo in Gaaf Dhaalu atoll on suspicion of forcing a 16-year-old girl into child prostitution.

In the first official acknowledgement of child prostitution in the Maldives, then-Gender Minister Azima Shukoor revealed in May 2013 that children were “being used as sex workers, where the children are sent to places as a means to pleasure people and to gain an income from such a trade.”

In June 2013, multiple sources told Minivan News that child prostitution was prevalent in the country, ranging from male benefactors grooming children with ‘gifts’ to parents actively exploiting their children.

A study focusing on Laamu atoll conducted by Consultant Clinical Psychologist Maldives Institute for Psychological Services, Training & Research (MIPSTAR), Dr Aishath Ali Naaz, showed that child prostitution was so “common” among minors that it was considered a normal activity.

She identified a “gradual process” of minors being “groomed” by adults via the internet and/or social media, with children taken to known “spots” and introduced to those involved in the sex trade.

In other instances, the minors are pushed to provide nude photos, and then emotionally blackmailed with threats that the pictures will be posted on the web, and ultimately recruited into prostitution.

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