Day: December 3, 2012

No official response from PIC over bystander’s death, authorities “elusive and slow”, says widow

Leaked CCTV footage which has thrown into dispute an official police account of 43 year-old Abdulla Gasim Ibrahim’s death in a motorcycle accident on August 17 has been making rapid rounds on social media.

The family of the victim in September raised the matter with the Police Integrity Commission (PIC), stating: “the ‘accident’ occurred due to a policeman standing in front of Hilaaleege using his baton to hit the head of the driver on a motorcycle which had two people fleeing after stealing, which caused the motorcycle to lose control and drive into Abdulla Gasim Ibrahim’s motorcycle.”

Ibrahim’s widow Naseema Khaleel told Minivan News on Monday that she had received no official response from the PIC to her letter.

“I call the PIC now and then and ask about it. They first said they’ve asked the police for the relevant footage, then later said they had received it. The standard answer since then has been that they are looking into the matter,” Khaleel said.

“The police call every now and then. They called a few days back to ask for the motorcycle registration and bills. They too say they are investigating the case. I do want to take the matter to court. Right now I’m waiting to see if we get a response from PIC,” Khaleel explained. “What else can we do?”

Khaleel stays home taking care of the couple’s two children, and said she has faced much hardship following her husband’s death.

“No state bodies or anyone else have extended any sort of support. My brothers and family help as much as they can. The younger child is seven and I, too, wish to provide for my children, for their education and school activities. But it is hard now,” she said.

Khaleel said she had approached the police after the incident, asking for assistance in taking her husband abroad for emergency medical care, but to no avail.

“I did approach the police to ask for help, but did not get any assistance from them. We had bury him in Sri Lanka in the end. I was not even given the police records, which further complicated things there. Had I gotten at least cooperation from the police, things would not have been as difficult as they were,” she said.

Khaleel said that although the Aasandha health insurance scheme helped with the medical costs, the graveness of the situation called for her and other close family members to travel with Ibrahim. She said the family had not received any assistance even in this instance.

“I am not trying to blame the police or any other persons involved. But even the police have said that Gasim had no fault in this, that he was just an innocent bystander. Then someone needs to take responsibility,” Khaleel said.

“I don’t know what else we can do. They are elusive and very slow, which is why we keep calling back. All I want is justice,” Khaleel told Minivan News.

Investigation almost concluded: PIC

PIC Director General Fathimath Sarira confirmed the PIC had received the letter, and that the investigation was now nearing the point of conclusion.

She also confirmed that the PIC had previously received the leaked footage and that it was part of the ongoing investigation.

Article 41(c) of the Police Act states that Maldives Police Service should inform the PIC upon the occurrence of death or infliction of grave bodily injury to a person due to the use of force by a police officer.

Asked if police had in accordance with the above article notified PIC of the incident, Sarira replied, “Police has notified the commission about the accident over a phone call. Although, when we first heard of the case, it was only said that a speeding motorcycle had collided with a parked one and led to a death. But then later, we got the footage too.”

Asked for clarification on what actions the commission would take if police were found to have failed to notify the commission as required, Sarira responded that police usually did keep the PIC informed and that she could not recall any recent incidents to refer back to.

“We will be concluding this investigation very soon and can then provide more details,” she said.

Meanwhile, Vice President of the Human Rights Commission of the Maldives (HRCM) Ahmed Tholal stated that they had only become aware of the incident after the leaked video went viral on social media.

“We have today started discussions on the matter in the commission meeting. Only after the commission members conclude discussions can we provide details on how we will proceed to act on this matter,” he said.

“Police Commissioner Riyaz must take responsibility”

Former President Mohamed Nasheed and the Maldivian Democratic Party (MDP) have meanwhile released statements condemning the cover-up of the incident, and calling for Police Commissioner Abdulla Riyaz to take responsibility for the incident.

“I am shocked and appalled by the leaked video, which appears to show a policeman hitting a motorcyclist in the head with a baton, which led to the death of an innocent bystander,” said Nasheed.

“Under [President Mohamed] Waheed’s administration, we are seeing a return to the thuggish brutality of Maldives’ authoritarian past. I implore the international community to pressure the Waheed government to immediately and impartially investigate this case, to bring human rights abusers in the security forces to book, to cease its harassment of opposition members, and hold early elections so democracy can be restored.”

Warning: some viewers may find the following footage disturbing.

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Cable and Wireless Communications sells Dhiraagu majority stake to Bahrain’s Batelco

Dhiraagu has said it remains “businesses as usual” for its operations after the group’s majority shareholder Cable and Wireless Communications (CWC) announced today it would be selling its stake in the company to Bahrain-based Batelco.

The agreement will see CWC divest its businesses in a number of nations, including the Maldives, Channel Islands and Isle of Man, the Seychelles, Diego Garcia as well as other South Atlantic operations it has stakes in for a fee of US$680 million (MVR10.4bn).

Dhiraagu’s Manager for Marketing, Communications and Public Relations Mohamed Mirshan Hassan told Minivan News that Batelco’s purchase – expected to be completed by the end of CWC’s present financial year – would have no immediate impact on the company’s existing services or expansion plans. Batelco has pledged to invest further in the company to strengthen Dhiraagu’s position in the Maldivian telecommunications sector.

Stake

As of March this year, CWC controlled 52 percent of Dhiraagu’s shares, with the government holding just under 42 percent.

Mirshan added that there had been no discussions over whether its new majority shareholder would look to add to its stake  in the telecommunications provider.

“There has been no mention of this at the moment,” he said, adding that it would remain “business as usual” for the company once the sale of its shares had been completed.

In addressing the sale, CWC CEO Tony Rice said that the company was selling its Monaco and Islands portfolio, which includes the stake in Dhiraagu, as part of its wider aims to expand the group’s Pan-America operations.

Meanwhile, Batelco Group Chief Executive, Sheikh Mohamed bin Isa Al Khalifa said the group would look to make further investment in Dhiraagu following completion of the deal.

“Batelco is in the process of building a telecoms business of global relevance of which the Maldives will be an important part,” he said. “We will continue the development of Dhiraagu as a market leader and we are looking forward to supporting each of the businesses and contributing to the communities they operate in.”

Dhiraagu itself is one of the country’s largest service providers, dominating the internet and telecommunications sector alongside its main competitor, Wataniya.

Set up back in 1988, the company has said it presently employs over 600 staff across the Maldives, 99 percent of whom are said to be local workers.

CWC took a controlling stake in Dhiraagu in 2009 when former President Mohamed Nasheed’s government sold 7 percent of its shares, giving the British-based firm a controlling stake in the company.

Then-opposition parties criticised the sale in local media, arguing that the acquisition of large stakes of domestic companies by foreign investors was bad for the country.

Similar arguments have been levelled against the development of Ibrahim Nasir International Airport (INIA) by Indian company GMR. Earlier today, GMR secured an injunction from the High Court of Singapore against the Maldives cabinet’s earlier decision to void its concession agreement for the US$511 million project and issue the developer with a seven day eviction notice.

The Maldivian government nonetheless has today dismissed such an injunction and vowed that the airport will be run by the state-owned Maldives Airport Company Limited (MACL) by the coming Saturday (December 7).

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Government continues bid to seize airport despite injunction from High Court of Singapore

Additional reporting by Mohamed Naahee

The Maldivian government has dismissed an injunction granted to GMR by the High Court of Singapore, and vowed that the airport will be run by the state-owned Maldives Airport Company Limited (MACL) by the coming Saturday (December 7).

The Singaporean High Court on Monday morning issued an injunction against cabinet’s decision the previous Tuesday to void the concession agreement for the US$511 million project, and issue the developer a seven day eviction notice.

Under the injunction, “Both MACL and the Ministry of Finance and Treasury, pursuant to the notice issued on 27th Nov 2012 either directly or indirectly, are not allowed to interfere with the rights of the Investor (GMR-MAHB consortium) under the concession agreement,” GMR said in a statement today.

The injunction prompted President Mohamed Waheed’s Special Advisor Dr Hassan Saeed, Defense and acting Transport Minister Mohamed Nazim and Home Minister Dr Mohamed Jameel to call a press conference on Monday shortly after midday.

“The government believes that the injunction issued by the Singapore court can be legally contested in a higher court. The government has decided to appeal the injunction as we believe the injunction lacks any grounds to stop the takeover,” said Hassan Saeed.

“I believe that the Singapore court interpreted the law wrong. We cannot wait for a hearing of the appeal. What I am saying is there is no damage to GMR but we face damages by not terminating the agreement,” Saeed said.

“The injunction did not overrule the government’s grounds that the contract was void from the beginning. Neither did it rule against the government’s grounds that the contract was frustrated. As you would know the Civil Court ruling over the ADC made the contract impossible to act upon,” said Saeed, referring to the airport development charge which his own Dhivehi Qaumee Party (DQP) successfully disputed in court while in opposition.

“This is a sovereign country. We have given them a sovereign guarantee. That means the government will compensate for their damages. An injunction cannot be issued like this to a sovereign state,” he continued.

Defense Minister Nazim meanwhile pledged the government would “continue the airport takeover and Insha Allah from next Saturday onwards MACL will be running the airport.”

“The government remains firm and committed towards implementing its decision to terminate the agreement. We will not reconsider it,” he said.

Following the government’s decision to declare the contract void last week, the Immigration Department announced it was halting the renewal of work permits for foreign nationals associated with the project, immediately affecting 17 of the airport’s 140 foreign staff.

The Civil Aviation Authority (CAA) meanwhile informed GMR that it would withdraw the operator’s aerodrome certificate at 23:59 on December 7.

GMR’s Head of Corporate Communications Arun Bhaghat reiterated to Minivan News that the company had no intention of leaving.

“It is not our intention to leave. We hope the government will act according to the law and respect the legal formalities,” he said.

Spokesperson for the International Air Transport Authority (IATA), Albert Tjoeng,  told Minivan News that it was the organisation’s understanding that the airport owner “remains unchanged – it is still the Maldives government.  What is changing is the operator of the airport.”

“The priority is to ensure uninterrupted operations at the airport, with no degradation in safety, efficiency and quality of service,” Tjoeng said.

“It is the responsibility of the civil aviation authority to regulate safety at the airport.  While this is a commercial matter between the government and the airport operator, it should not lead to cost increases for airlines operating to the airport.”

Lawyer acting for GMR, Fayyaz Ismail of Aequitas Legal Consultants (ALC), told Minivan News that if the government failed to comply with the injunction, “the Maldives will no longer be respected as upholding its obligations under international law, which will be very detrimental to future foreign investment. Hopefully they will be reasonable.”

Former President Mohamed Nasheed, under whose administration the contract was signed, declared that “President Waheed cannot ignore international law at his whim and fancy. Rules are rules and they must be respected.”

Lenders write to MACL

Axis Bank, one of the main lenders to the airport development project, has meanwhile sent a letter to MACL dated November 28 in which it reminded the government that the Finance Ministry was the guarantor of the direct agreement “in which the guarantor has undertaken and irrevocably guaranteed to pay any sums due… as a separate and independent obligation notwithstanding any termination of the concession agreement by the grantor or the project company for any reason whatsoever.”

“As a sovereign undertaking by the Republic of Maldives, we are sure that the Ministry of Finance and Treasury shall honour the aforesaid guarantee to repay the Finance Parties, notwithstanding the grounds on which the Ministry has declared he Concession Agreement as void, which has the consequences of terminating the Concession Agreement,” the bank wrote.

“We fear that the taking over of the airport without setting the dues of the Finance Parties shall be detrimental to the interests of the Finance Parties and shall go against the spirit of foreign investment in developmental projects of the Republic of Maldives.”

India considers withdrawing aid, withdraws representative

Indian media has meanwhile reported that the Indian government is considering freezing aid to the economically-crippled archipelago, notably a US$25 million loan necessary for the payment of civil servant salaries and the construction of a police academy.

“We are not happy with the way Maldives cancelled the GMR airport deal. This has surely left an impact on our bilateral ties,” a foreign ministry official told AFP. “A decision whether the money should be given or not will be taken soon.”

However the Indian High Commission told newspaper Haveeru that the suggestion was “unofficial” and that such a decision would not be “unilateral”.

Indian media also reported that High Commissioner D M Mulay had been appointed Indian Consul General in New York, and is to be replaced by Rajiv Shahare.

President’s Office Spokesperson Abbas Adil Riza had described Mulay as a “traitor and enemy of the Maldives and the Maldivian people” during a rally on November 9 calling for the government to “reclaim” Ibrahim Nasir International Airport (INIA) from GMR.

The remarks were widely reported by Indian media, sparking a diplomatic row and forcing the President’s Office to issue a statement distancing itself from the comments.

However Riza subsequently stood by his comments spoke at a second rally, characterising the Indian media coverage of his remarks as a “success” and urging participants to persevere “until GMR leaves this country.”

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Parliament approves amendment to conduct no-confidence votes through secret ballot

Parliament voted today 41-34 to approve amendments to the parliamentary rules of procedure to conduct no-confidence votes to impeach the President and remove cabinet members through secret ballot.

Today’s vote passed after a similar proposition was narrowly defeated 39-34 in November.

In October, the ousted Maldivian Democratic Party (MDP) submitted a no-confidence motion to impeach President Dr Mohamed Waheed Hassan Manik.

The no-confidence motion has however yet to be tabled in the Majlis agenda. Under the rules or standing orders, the President must be given a 14-day notice ahead of the vote.

Today’s vote was won after MPs of the government-aligned Jumhooree Party (JP) and Dhivehi Rayyithunge Party (DRP) – including respective leaders MPs Gasim Ibrahim and Ahmed Thasmeen Ali – joined MDP MPs to vote in favour of the amendments.

The amendment to the house rules was meanwhile approved after MPs voted in favour of a report (Dhivehi) by the MDP-majority General Affairs Committee, which voted last month in favour of the amendments proposed by MDP MP Ibrahim Rasheed for secret voting.

During today’s debate on the report, MPs of the government-aligned Progressive Party of Maldives (PPM) contended that the report was tabled in the agenda in violation of Majlis rules and criticised having to vote on the same issue for a second time.

PPM MPs along with some DRP MPs and several Independent MPs argued against secret ballots in parliament and insisted that constituents deserved to know how their MPs vote.

MPs further contended that conducting no-confidence votes through secret ballot would give weight to widespread allegations of corruption levelled against parliament.

Meanwhile, speaking at rally on Thursday night, Adhaalath Party President Sheikh Imran Abdulla called MPs who voted in favour of secret ballot “traitors.”

Imran warned that he would “chase after” MPs and the Speaker if the amendments were approved and threatened “direct action”.

“The day that [Speaker Abdulla] Shahid takes a vote to destroy the country is the day that we run after him,” Imran had said.

In an apparent response, Speaker Shahid said in a statement this week that intimidation and threats of force against MPs violated “the spirit of the constitution and democratic principles.”

Article 90(a) of the constitution states, “No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People’s Majlis or any of its committees, or with respect to any vote given if the same is not contrary to any tenet of Islam.”

While informing MPs of the wishes of the public was part of democratic norms, Speaker Shahid said in his statement that it did not include threats, intimidation and “inflicting psychological or physical harm on MPs.”

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Police release two suspects in Afrasheem murder case

Police have released one man and a minor arrested in connection with the murder of Progressive Party of Maldives (PPM) MP and religious scholar Dr Afrasheem Ali.

Local newspapers have identified the man released as Ali Hashim ‘Smith’. Minivan News understands that a 17 year old boy was also  released last week, on condition that he not talk about the police investigation or face rearrest.

The Criminal Court extended the pretrial detention period of the suspects arrested in the Dr Afrasheem’s murder case.

Afrasheem was killed on October 1. His wife discovered the body lying on the staircase of their home.

Immediately prior to his murder Afrasheem had made his last public appearance on a live talkshow on TVM titled “Islamee Dhiriulhun” (Islamic Living).

In his last words, Afrasheem said that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was quoted in local media as saying that the Islamic Ministry had not forced Afrasheem to offer a public apology for anything during his last television appearance and disputed that there was any religious motivation in the death of the moderate scholar.

The Maldives Police Service (MPS) has sought assistance from the US Federal Bureau of Investigation (FBI) and the Singaporean police to analyse 200 items collected as evidence during the ongoing investigation.

Evidence gathered so far includes recordings of phone conversations, forensic samples and over 300 hours of CCTV footage, which were being analysed at the police forensic laboratory with the help of foreign experts.

Meanwhile, former President Mohamed Nasheed has publicly alleged that the people behind the MP’s murder have fled the country.

He made the remarks during a rally held in Haa Dhaal Atoll Vaikaradhoo Island in Maldivian Democratic Party (MDP)’s ongoing campaign trip ‘Vaudhuge Dhathuru’ (Journey of Pledges).

Nasheed said that two foreign intelligence agencies had informed him that the murder of Afrasheem was related to an incident that took place in a neighboring country and that the culprits had fled to a Middle Eastern nation after murdering the Maldivian MP.

“According to information I received, the person who murdered Dr Afrasheem fled the country on the same night the murder took place. This murder is related to an incident that took place in a neighboring country. This is an international issue. I was informed of this by the intelligence agencies of two friendly states,” he said.

Nasheed expressed his disappointment over the senior officials of the current government, including cabinet ministers, who had politicised the case, accusing the MDP of murdering the MP for political gain.

Despite the allegations, Nasheed contended that his party would neither commit such a gruesome act nor use it for political gain. He also said that despite all the false allegations, the party had won twice the number of votes it did in 2009, during the recently held by-election to elect a parliamentarian to the vacant seat.

After rigorous campaigning, PPM candidate Ibrahim Ameen won the by-election 1159 votes in polling held on the islands of Ungoofaaru, Hulhuduffaaru, and Maakurathu, all in Raa Atoll, as well as a special polling station in Male’. He defeated MDP candidate Dr Ahmed Ashraf who had 1078 votes.

The former president meanwhile also alleged that the police were trying to force out a confession from those currently under arrested in connection with the murder. This confession, he said, would be used to hold trials against the suspects to cover up the real case. Nasheed said the suspects should not be tried on confessions extracted in such a manner.

“Trial should not be held based on confessions. I urge the police to properly investigate the case. But even as I say this, I know that [Commissioner of Police] Abdulla Riyaz does not have the capacity to do this. That is because he is busy defending this government that was brought in through a coup, instead of being concerned for the general well being of the public,” he said.

“Highly concerning” – Home Minister Mohamed Jameel Ahmed

Meanwhile, Home Minister Mohamed Jameel Ahmed expressed concern over Nasheed’s remarks and said his statements “needed to be included in the investigation”.

Speaking to local newspaper Haveeru, Jameel claimed that Nasheed had been speaking about the murder differently in every island he had been visiting.  The Home Minister said that he felt that public remarks made on a case that is being investigated should be considered a criminal offence that needed to be addressed.

“From the day Afrasheem was murdered, the remarks made by Nasheed have been highly concerning. It is not a good thing for politicians to use the case for political influence. One should always consider the fact that it may involve a hidden motive,” he said.

“This not a practice that would be accepted anywhere in the world,” he added.

Jameel affirmed that Nasheed’s remarks which he claimed to have been following information from foreign intelligence agencies would be included in the murder investigations.  Jameel also called on him not to make  emarks that would hinder the ongoing murder investigations.

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Express ferry suspended after Finnish tourist dies in speedboat collision

A collision between two speed boats on Sunday evening left a Finnish tourist dead and nine other people injured.

The collision occurred between an express speedboat service to the island of Hulhumale’ – which is located near to the capital of Male’ – and another vessel belonging to the Bandos Island Resort and Spa property.

Police Spokesperson Hassan Haneef told Minivan News that a Finnish national had died following the collision, while eight Maldivians also received minor injuries. A 29-year old local woman was also injured in the incident, receiving what police described as severe head injuries. Authorities said her condition was now improving.

Haneef claimed that the matter was being treated as an accident until the exact cause of the incident could be identified. He added that existing transport regulations remained in place for all speed boat services following the incident.

However, a spokesperson for the Maldives Transport and Contracting Company (MTCC) said it had temporarily suspended its express speedboat service between Hulhumale’ and Male’ while it reviewed guest safety procedures.

“We believe we need to do some work on safety,” a company spokesperson told Minivan News. “We will be working with transport authorities, the Maldives National Defence Force (MNDF) and the police on the matter and will resume the services after that.”

Dhoni services will continue to run between Male’ and Hulhumale’ as normal, the MTCC added.

Asked to clarify its view on the collision, the state-owned company declined to comment on the incident until investigations were carried out both by itself and police.

Bandos Island Resort and Spa, which operated the other speedboat involved in the collision, said it did not wish to comment on the issue at the time when contacted by Minivan News.

“We are not in a situation to discuss the incident,” a spokesperson for the resort said today. “We are waiting for police to complete their investigations.”

The incident occurred around 8:25pm near the island of Dhoonidhoo in Kaafu Atoll.

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Police covered-up involvement in death of bystander, suggests leaked CCTV footage

Leaked CCTV footage has thrown into dispute an official police account of 43 year-old Abdulla Gasim Ibrahim’s death in a motorcycle accident on August 17.

Reporting the accident at the time, newspaper Haveeru stated that that according to police, two individuals on a motorbike had stolen a mobile phone from a foreigner on Majeedhee Magu and sped away on a motorcycle. Police had then ordered them to stop, but the two men had ignored the orders and fled from the scene at high speed.

Police said the speeding motorcycle hit the 43 year-old who was sitting on a parked motorcycle in front of the Justice Building, who was subsequently transferred to hospital with head injuries. The other two men were taken into police custody and charged with theft and speeding to avoid arrest, and the stolen phone was retrieved and returned to its rightful owner.

At the time of the accident, police told local media the accident had occurred due to the speeding motorcycle’s collision with Ibrahim’s motorcycle. They had made no mention of any police involvement in the collision aside from ordering the motorcycle to stop.

However, footage leaked on social media – which appears to be from a camera on the wall of the Presidential residence of Hileaage – shows a police officer stepping in front of the speeding motorcycle and appearing to hit the driver on the head with a baton as he rides past.

The driver loses control and collides with Ibrahim sitting on his motorcycle just in front of the Justice Building entry, causing both to fly off their vehicles. The police officer retrieves an object from the ground and wanders away, as other police and a military officer rush to the scene.

Ibrahim’s widow Naseema Khaleel at the time of the collision shared details of his condition with the media: “Doctor says he is 99 percent braindead. He has been kept on the ventilator from day one. The doctor said they’ll turn off the machine at 7:00pm tonight.”

Ibrahim was taken off the ventilator and died on August 20.

Letter to PIC

In a letter to the Police Integrity Commission (PIC) dated September 24 and obtained by Minivan News, Ibrahim’s wife expresses regret that police failed to reveal details of the incident.

“The ‘accident’ occurred due to a policeman standing in front of Hilaaleege using his baton to hit the head of the driver on a motorcycle which had two people fleeing after stealing, which caused the motorcycle to lose control and drive into Abdulla Gasim Ibrahim’s motorcycle,” Naseema writes.

She calls on the PIC to investigate the incident in depth and look into whether the police, either as an institution or as individuals, acted in breach of the law.

Article 41(c) of the Police Act states that Maldives Police Service should inform the PIC upon the occurrence of death or infliction of grave bodily injury to a person due to the use of force by a police officer.

Naseema refers to the Act in her letter and suggests that if the PIC had not been informed of the incident by police, it proved they were violating the law. She states that she intends to file the matter in court.

A police source told Minivan News that law enforcement officials were required to assess whether the application of force was justifiable, adding that the officer’s use of his baton on the fleeing suspect was “total negligence on his part”.

“They could have let them go and found them afterwards. They had the number plate, they could easily make out who it was, and there looks to have been plenty of eyewitnesses. What he did was totally stupid,” the source said. “There was also danger for the officer involved.”

The source said it was “very concerning” that police had not released to the public the true account of the circumstances which had led to the death of the bystander.

“There should be a thorough inquiry into police procedure and training in the proper application of force,” the source suggested.

After the footage began to circulate on social media, Police Sub-Inspector Hassan Haneef told Minivan News that police could not respond to allegations that officers were involved in Ibrahim’s death.  Haneef said it was unable to respond as the letter of complaint was addressed to the Police Integrity Commission (PIC) and not the Maldives Police Service.

“The PIC will investigate and take necessary steps if any police or the institution is found to have committed such an act. The investigation is still ongoing,” he claimed.

Warning – some viewers may find the following footage disturbing

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