Day: January 7, 2013

Juvenile Court denies fornication charges filed against 15 year-old girl

Judicial authorities have denied that a 15 year-old child abuse victim is facing charges of fornication at the Juvenile Court, despite media reports to the contrary.

Local newspaper Haveeru reported yesterday (January 6) that the Prosecutor General’s (PG’s) Office pressed charges of fornication against a female minor from Shaviyani Atoll Feydhoo at the Juvenile Court following the conclusion of a police investigation.

Director of the Department of Judicial Administration Ahmed Maajid however told Minivan News today that no case against a minor for fornication had been submitted to the court at present.

The Maldives Police Service (MPS) has meanwhile confirmed that it had forwarded a case to the PG’s Office against a 15 year-old female for undisclosed reasons.

Back in June 2012, the same minor – a school student at the time – gave birth to a baby later discovered buried in the outdoor shower area of a home on Feydhoo. The discovery led to the arrest of four people, including the 15 year-old girl’s mother and step father.

Haveeru reported yesterday that the victim’s mother and step father had been charged with the murder of the baby. According to the newspaper, the girl’s step father also faces charges of possession of pornography and sexual abuse of a child.

Under the Child Sex Offenders (Special Provisions) Act of 2009, the penalty for child sex abuse is 10 to 14 years but can be extended to 15 to 18 years if the accused was in a position of trust with the children he or she abused.

The girl’s mother meanwhile faces charges under the 2009 law of deliberately concealing the alleged sexual abuse.

Charges

Department of Judicial Administration Director Maajid claimed that while no case had as yet been filed against the 15 year-old at the country’s courts, he understood that she faced criminal charges on a separate matter not related to the death of her child.

“As far as I know, the girl is being charged over a separate case of fornication, unrelated to the issue of the baby found buried,” he said.

Maajid claimed that although minors could not be charged for any crime under Islamic Shariah, Maldivian law did allow suspects under 18 years of age to be tried in the country’s Juvenile Court depending on the individual circumstances of each case.

“A minor is exempted from criminal liability in Islamic Shariah. Under Maldivian law, a minor of 15 to 18 years of age may be tried as a juvenile offender,” he said.

Maajid explained that juvenile offenders could be generally charged for any type of criminal offence.

Police Spokesperson Sub-Inspector Hassan Haneef confirmed today that a case had been filed against the 15 year-old girl, but was unrelated to the discovery of her dead child last year. However, Haneef said that further details on the charges could not be given at present due to the child’s status as a minor in the eyes of the law.

The Police spokesperson referred the matter to Prosecutor General (PG) Ahmed Muizzu, who was not responding to calls today. Minivan News was awaiting a response from the PG’s Office at the time of the press.

Dr Mariyam Shakeela and Dr Aishath Rameela, the respective Acting Minister and State Minister for the Ministry of Gender, Family and Human rights were also not responding to calls at time of press.

In September last year, a 16 year-old girl was sentenced to house arrest and 100 lashes after being found guilty of fornication with a 29 year-old man.

Desperate measures

There have been a number of recent incidents reported in the media where pregnant women have been forced to take desperate measures such as self-induced abortions, infanticide or abandoning infants.

On December 26, 2012, police announced that a baby had been discovered abandoned on the side of a road in the Maafannu Ward of Male’.

Earlier the same month, a 26-year old male and 20-year old female were reportedly arrested in connection to the discovery of a five month-old foetus buried on a beach on the island of Maradhoo Feydhoo in Seenu Atoll.

Over the last two years, three other newborns have been found dead in the country.

Over the same period there have been two separate incidents where newborn children were discovered abandoned but alive.

Two foetuses were reported discovered during this two year period, one hidden in a milk tin and the other at the bottom of Male’s municipal swimming pool. Another fully-developed baby was thrown into a park having apparently been strangled with underwear tied around its neck.

The Centre for Community Health and Disease Control (CCHDC) has previously described these incidents, as well as the figures detailing an increase in the rate of sexually transmitted diseases, as evidence of a sexual health crisis in the Maldives.

Nazeera Najeeb, head of the reproductive health unit of the CCHDC, told Minivan News in an interview last year that the centre was witnessing an “alarming” increase in cases of underage and unplanned pregnancies, where some girls are getting pregnant “without even knowing it”.

“These unwanted pregnancies are subsequently resulting in more unsafe abortions, baby dumping or infanticide,” she noted.

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Government submits sexual harassment bill to Majlis

Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam has submitted a bill to parliament on behalf of the government of President Dr Mohamed Waheed Hassan Manik aiming to define and outlaw sexual harassment across Maldivian society.

The decision forms part of a wider government strategy to submit twelve separate bills to the Majlis after an amendment to parliament regulations was approved in October.  The amendment to the People’s Majlis’ Rules of Procedure enabled the current government to submit bills to the legislature despite President Waheed’s Gaumee Ittihad Party (GIP) having no elected representatives in parliament.

DRP MP Rozaina Adam was not responding to calls at time of press.

The government has stated that the objective of the sexual harassment bill is to ensure gender discrimination is made illegal at workplaces, educational institutes, and other service providers such as hospitals.

The bill defines sexual harassment as “any sexual act committed against, or towards, a person without their consent”.  It states that a sexual act is defined as words which are spoken, or written, a sound that is made, a picture or a drawing that is shown, a physical action or gesture that is made, or any other action which could be perceived, believed or known by the recipient to be done with a sexual intention.

Details are also included on the specific actions by employers, employees and service providers which would be outlawed should the bill be passed.

Employers are also required to refrain from implying through actions or words that acceptance of sexual advances is a guarantee of securing advancement at work or additional opportunities.

The bill also governs institutions mandated with taking care of persons, including children, the elderly and persons with special needs. The bill specifically prohibits sexual harassment against any persons under the care of such institutions.

As per the bill, each organisation must have a committee mandated with oversight of the issue of sexual harassment.  The committee should consist of ten members, of which the majority is to be female. The bill also defines the procedures the committee must follow when handling complaints.

The bill is yet to be scheduled for debate on the parliament floor and comes after CSC President Mohamed Fahmy was voted out of his post on November 20, 2012 under allegations of sexual harassment against an employee.

The Supreme Court has since ordered the parliament to halt appointing a new member to his post, until the court comes to a ruling on whether Fahmy’s rights had been infringed upon through his dismissal.

Meanwhile, Progressive Party of Maldives (PPM) MP Abdulla Yaamin has submitted a motion to Parliament’s Independent Commissions Oversight Committee, asking it to investigate allegations of sexual harassment against a member of the Elections Commission.

The full bill submitted to the Majlis can be read here.  (Dhivehi)

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Four Maldives nationals arrested in Malaysia

Four Maldivians have been arrested in Malaysia over drug related charges, local media has reported.

The Maldives Foreign Ministry had confirmed that four nationals were arrested, but did not confirm the nature of charges against them, according to local newspaper Haveeru.

Another two Maldivians are currently being held in Malaysia custody over passport issues, the newspaper added.

State Foreign Minister Hassan Saeed was quoted in local media as saying that Maldivian nationals needed to be more careful of the laws and cultures of foreign countries when travelling abroad.

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Photography pioneer dismisses claims development has spoiled Maldives “paradise” potential

Photographer Michael Friedel, one of the most prominent names associated with capturing images of the Maldives over the last forty years, has dismissed criticism that rapid national development has ultimately spoiled the destination’s “paradise” mystique.

German national Friedel has spent forty years photographing the changing societal and architectural landscape of the Maldives since the inception of its tourism industry back in the 1970s.

Speaking to Minivan News at the opening of a special exhibition in Male’ this week dedicated to his photography, Friedel conceded that the impact of his work had attracted criticism due to some “bad developments” intense global publicity brought to the country.

“There are people who have said I spoiled paradise, but the country has always been involved in the global market. The country has to sell something to get something and rice doesn’t grow here,” he said yesterday (January 6).

Friedel, who first arrived in the Maldives in the 1970s, is described by exhibition organisers as a major pioneer in capturing images of the country for intentional media.

His photography has been published in international magazines and newspapers, as well as being found locally on postcards and five different stamps that have been sold in the country.

“Most of the bad developments in the beginning did come from the outside, but the country has got it under control now,” Friedel claimed. “In the early days, Italians would just shoot fish with spear guns just to show how many they had caught, not to eat and people were also hunting turtles just to sell the shells. But after two years, these things were banned.”

When Friedel first arrived in the Maldives in the early 1970s, he said the country was relatively unknown to rest of the world.  However, after pictures he had taken of the country were published in Germany’s Stern magazine, he said major press organisations around the world wanted copies.

“Most countries in the world were well known in the 70s, but Maldives was not. So when I first took these pictures, I was lucky to have so much interest from international publications,” he said.

Friedel argued that while the whole world had changed over the last 40 years, the scope of these developments was far more noticeable in the Maldives.

“This used to be a country where nobody came to and it was extremely isolated. The British had an agreement here, and they had one officer stationed on a little island. Most other countries were influenced by colonialism, but the Maldives were not,” he said.

“The whole world has changed in 40 years, but here it was more because the country was untouched.”

Minister of Tourism, Arts and Culture Ahmed Adheeb, who officially opened the exhibition at the National Art Gallery in Male’, praised Friedel as a “pioneer”. He added that his work helped introduce the Maldives to glossy international magazines and travel media, defining the image by which the destination is still sold to this day.

“Michael has been one of the key players to promote the Maldives and through his pictures he brought the country into the lime light,” Adheeb claimed. “This all started back in 70s and 80s when our tourism budget was zero. We appreciate everything he has done, through his pictures we see where we were then to where we are now.”

The exhibition at the National Art Gallery in Male’ showcases 58 of Friedel’s photographs taken in the Maldives from between 1973 to 1977 as part of celebrations marking 40 years of tourism in the country.

The exhibition will run from January 6 to January 13.

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MP Ali Waheed seeks temporary injunction after Criminal Court rejects appeal

Deputy Parliamentary Group Leader of the opposition Maldivian Democratic Party (MDP) MP Ali Waheed has today appealed a Criminal Court decision to reject procedural points raised during previous hearings of a case against him.

Lawyers representing the Thoddoo constituency MP argued during a High Court appeal hearing today that charges against him for obstructing police officers in their duty had previously been dismissed and, as a procedural point, could not therefore be legally resubmitted.

Ali Waheed is charged with obstruction of police duty during an anti-government protest he participated in while of member of the then opposition Dhivehi Rayyithunge Party (DRP).  Waheed, who defected to then-ruling MDP in May 2011, was charged for breaching article 75 of Maldives Police Services Act.

Appeal

During today’s High Court appeal hearing, Waheed’s lawyer, former Attorney General Husnu al Suood, repeated his argument that the state could not resubmit the same criminal charges for a second time without any changes.

He contended that the decision of the prosecutor general (PG) to pursue the case contradicted article 223 of the constitution, which prescribes the powers of his office.

Responding to the argument, Assistant Public Prosecutor Hussain Nashid claimed that the charges had only been dropped “temporarily” in a bid to respect the “fairness” of criminal trials.

Nashid also argued that the prosecutor general had the discretionary power to decide on the procedures as to how criminal charges can be filed.

Meanwhile, Ali Waheed’s lawyer requested the High Court bench issue a temporary injunction to withhold the ongoing case at Criminal Court until the High Court decides on the matter.

In response to the request, chair of the sitting judges bench Judge Yoosuf Hussain said that the court would decide on whether to issue the requested injunction by the end of the day.

Discretion

Speaking to Minivan News today, prominent criminal lawyer Abdulla Haseen said he believed that the prosecutor general legally had the power to resubmit criminal cases after withdrawing them.  However, Haseen contended that any such decision should be “fair and just, without any political influences”.

“I do not believe that the constitution limits the power of PG to resubmit criminal cases again. But it should be done in a fair and just way without any political influences,” he said

Even though Haseen declined to comment on the ongoing court case, he stressed that the PG should ensure cases being sent to trial were done so in a way that was fair and just, especially when focusing on political figures.  Haseen stressed such a decision was vital in order to maintain the credibility and impartiality of prosecutions.

“We don’t usually see the PG resubmitting cases like this but it does not mean he cannot. However exercise of his discretion should always be impartial. When Ali Waheed’s case was withdrawn, it reflected political motives as much as it did when he decided to resubmit the case. PG is an independent constitutional body and should not be subject to political influence,” he explained.

The Prosecutor General’s Office was not responding to calls at time of press.

Case history

The case was first sent to the PG’s Office after an investigation by the police in March 2010.

By November that year, state prosecutors had dropped the charges against Ali Waheed on the grounds of a “lack of fairness”, stating that police had failed to submit a case relating to MDP activists entering the Civil Services Commission (CSC) office and harassing its staff.

The case against Ali Waheed was once filed again by the PG last year following the controversial transfer of power that brought President Dr Mohamed Waheed Hassan Manik’s government into office.

Following the decision, Ali Waheed’s defence lawyer Suood argued during a Criminal Court hearing that the state cannot file the same criminal charges once they had been dropped on an earlier occasion.

Ali Waheed’s procedural points were dismissed by the sitting criminal court judge Abdulla Didi, stating that the PG could re-file a case.

During previous Criminal Court hearings, Waheed stated that he was unclear about the charges pressed against him. He added that he was not someone who would ever confront police with arms and questioned whether it was only him and Mahloof that were there during the protests.

State prosecutors responded that they had decided to prosecute Ali Waheed and fellow MP Ahmed Mahloof because they had been able to obtain sufficient evidence to support charges against the two politicians.

Along with MP Ali Waheed, former DRP MP Ahmed Mahloof is also facing the same charges.

Both Waheed and Mahloof were elected to parliament under the ticket of DRP. However, following the split of the DRP into two factions, both Waheed and Mahloof chose to leave their former party and head in two different directions.

Mahloof joined the newly formed Progressive Party of Maldives (PPM), the party formed by the DRP members who supported former President Gayoom as opposed to the party’s current leader, MP Ahmed Thasmeen Ali. Ali Waheed meanwhile joined the MDP.

During the first hearing of the trail against him, Mahloof requested that the judge carry out the trial separately stating that although he and Waheed were once in the same party, times had changed and the pair now followed different political beliefs and parties.

The request was dismissed at the time by the presiding Judge Abdulla Didi, who stated that the state had levied one charge against both him and his parliamentary colleague. Judge Didi said differing political beliefs was immaterial to the case that was being heard.

Concerns

Following the filing of the case against Waheed for the second time, the MDP at the time raised concerns stating that the case had lost its meaning because of the delay in prosecution.

In a statement, the MDP claimed that “without considering the legal principle ‘justice delayed is justice denied’,  we would like to bring to notice that the state is prosecuting meaningless cases while more important cases remain unprosecuted, while others have already been dismissed,” read the statement.

It further described the prosecution of its members at the time as a “series of attempts to hurt” the party after the fall of the previous MDP-led government.  The MDP contends that former President Mohamed Nasheed was removed from office under “duress” following a mutiny by sections of the police and military on February 7, 2012.

Waheed, previously speaking to local media after the hearing, stated that he would not be threatened by such cases that the current government was pressing against him, and said he would “face the charges with courage”. He also asked the PG to prosecute him for even “slightest” wrong he had committed.

“This prosecution is not just a prosecution levied against me, this is a prosecution that is levied against the 50,000 members of MDP and the majority of the citizens of Thoddu constituency,” he said.

Ali Waheed told the press at the time that such unpleasant inducements by the government to pressure him to join them would not work and claimed that he would not leave the MDP to support an illegitimate government.

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Container ship “stuck” in Male’ waters, MNDF confirms

A Liberian container ship called the ‘Auguste Schulte’ has this evening become stuck within waters surrounding Male’, Maldives National Defence Force (MNDF) Spokesperson Colonel Abdul Raheem has confirmed.

According to Colonel Raheem, the carrier ship, situated directly off the coast of the Raalhugandu area in Male’, was being assisted by MNDF coastguard vessels in order to get the boat moving.

Raheem stated that he is yet to receive any information on how the ship became stuck.

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Man sentenced to 24 years imprisonment for molesting his daughters

A 50 year-old man man from Maalhendhoo in Noonu Atoll has been sentenced to 24 years in prison after being found guilty by Kendhikolhudhoo island court of molesting his two teenage daughters, police have said.

According to authorities, the two girls would have been aged 13 and 17 in August last year when complaints were first submitted to Manadhoo Police Station in Noonu Atoll over the abuse.

News of the sentencing comes as authorities this week announced two people had been arrested over separate cases of child abuse alleged have occurred since the beginning of the year.

As part of its investigations, the police said they had arrested a 49 year-old male on January 2 on suspicion of molesting a 6 year-old girl on the island of Nilandhoo in Faafu Atoll.

Officers on the island, also based in Faafu Atoll, were called to attend a scene where a man was allegedly molesting the minor. Police said that officers had arrived at the scene in time to catch the suspect committing the crime.

According to police, the 49 year-old suspect was now being held under pretrial detention. His detention has been extended by Nilandhoo Court for 15 days.

Police this week also arrested a 54 year-old man over allegations he had sexually molested a 10 year-old girl on the island of Gahdhoo in Gaafu Dhaalu Atoll.

Police said the man was arrested yesterday [6 January 2013] at about 10:30pm.

Local newspapers have reported that the suspect was believed to be a relative of the victim.

December cases

Another three suspected cases of sexual abuse involving children or young women were reported to police last week.

On December 31, a 13 year-old living on Gahdhoo in Gaafu Dhaalu Atoll was reported to have sexually assaulted in an abandoned home on the island after being drugged and abducted, police have said.  Three suspects were arrested in connection to the assault.

The same day, a suspect wanted for questioning in connection to the sexual abuse of a 13 year-old girl in Male’ on December 30 handed himself  into police after authorities publicised his picture in the media.

Police also said they had arrested a 33 year-old male in connection with the rape of a girl below 16 years of age in Vili-Male’ on December 29, 2012.

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MNDF military hospital to provide medical services to immigration department

The Maldives National Defence Force (MNDF) military hospital is to begin to provide medical services to employees of the Department of Immigration and Emigration.

Defence Minister Colonel Mohamed Nazim was quoted in local media as saying that all services of the military hospital are now available under Aasandha to the employees of the immigration department.

“Employees of Immigration Department and their families can obtain medical treatment under Aasandha from the military hospital. This includes their husbands and wives. We are trying to provide the best medical services to our employees,” he told Sun Online.

The Department of Immigration and Emigration was recently transferred from the under the Ministry of Home Affairs to the Ministry of Defence.

According to the President’s Office, the decision to transfer the department was taken to make administration of the country’s immigration system more efficient.

The opposition Maldivian Democratic Party (MDP) last week questioned the legality of the decision to transfer control of the Department of Immigration and Emigration to the Defence Ministry.

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Parliament Speaker Abdulla Shahid on official visit to Angola

Parliamentary Speaker Abdulla Shahid has commenced a three day visit Angola today in order to reinforce inter-parliamentary cooperative ties between the two countries, an African news service has said.

During his stay in the country, Shahid will meet with his Angolan counterpart, Fernando Da Piedade Dias dos Santos as well as heads of parliamentary groups of the national assembly.

According to a press note from the Angolan national assembly, the agenda includes official talks between the parliamentary delegations of Angola and Maldives, and an official dinner offered by the Angolan speaker of the national assembly.

The press note reads that Shahid will also visit the new city of Kilamba in Luanda, in order to learn about the national housing boosting programme.

Shahid is to return on January 9, according to the African news source.

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