Tag: Police Commissioner Abdulla Riyaz

Case against Nasheed for defamation of Police Commissioner postponed indefinitely

Former President Mohamed Nasheed’s legal team on Sunday stated they had not been officially informed by the civil court of the rescheduling of the defamation case filed by Commissioner of Police Abdulla Riyaz against Nasheed.

A member of Nasheed’s legal team, Hisaan Hussain, said they had seen local news reports that the hearing had been postponed on Riyaz’s request, but had not been officially informed. Hussain said they had no information as to when the hearing had been rescheduled to.

“The procedure is that the person who filed the case has to request for postponement at least one hour before the hearing. We don’t know when Riyaz sent in the request, we saw it in the news around 11:15pm,” Hassan said.

In addition to this, the legal team noted that they had so far not received details of the case and were not aware which action or words of Nasheed had prompted Riyaz to file the defamation case against him.

“We haven’t had any official word as to why the case has been filed. Again, through local media we have heard it was because Nasheed had called Riyaz a ‘baaghee’ (traitor). What we have heard through official means is only that it is a case for defamation, and that Riyaz wants compensation for a loss that this alleged defamation has caused him,” Hassan said.

Another member of the legal team, former Minister of Youth and Sports Hassan Latheef, pointed out that while Riyaz had filed the defamation case in the civil court, the police were continuously arresting people for calling them ‘baaghee’ (traitor) on the streets, and that the criminal court was continuing to provide extensions of detention periods for people arrested under the charges.

“The articles in the penal code against defamation has been removed. Defamation is now considered a civil offence, and yet police continue to arrest people for expressing their opinions on the police force under what can only be perceived as charges of defamation,” Latheef said.

A second  case regarding similar defamation allegations against Defence Minister Mohamed Nazim is also pending.

Hassan added that they believed the police were arresting people under the directives coming from the Commissioner of Police. Emphasizing the contradiction, Hassan further said, “We believe this is something Riyaz needs to answer to the people for. This is because people are continuing to be arrested, jailed and charged for the matter. The Police Commissioner needs to make up his mind whether he perceives defamation as a civil or criminal offence.”

In response to a question posed by Minivan News, Latheef said that Nasheed would respect the decisions reached by the National Executive Council (NEC) of the Maldivian Democratic Party (MDP), referring to the NEC’s decision to not abide by court orders until the changes proposed by international community are brought to the Maldivian judicial system.

“Since President Nasheed is MDP’s presidential candidate, he accepts that a decision by the NEC is one that he, too, would wish to abide by in principle. The NEC, after much consideration, came to that decision. Hence President Nasheed believes that he will act in accordance with it,” Latheef said.

The legal team stated that Nasheed would decide whether or not to attend the hearing once he is officially notified of the rescheduling by the civil court.

MDP International Spokesperson Hamid Abdul Ghafoor told Minivan News today that the MDP would go ahead with the scheduled trip to the atolls, although the Hulhumale’ Magistrate Court has placed Nasheed under island arrest with regard to a case against him for the arrest of Criminal Court Chief Judge Abdulla Mohamed.

“We will be leaving tomorrow for the southern campaign. We will not budge,” he said.

Minivan News tried contacting Commissioner of Police Abdulla Riyaz, but he was not responding to calls.

Maldives Police Services Media Official Sub Inspector Hassan Haneef was also not responding to calls.

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“A Human Rights Crisis in the Maldives”: Amnesty International

Amnesty International has today released a report titled “The Other side of Paradise: A Human Rights Crisis in the Maldives”, chronicling human rights abuses in the country since the transfer of presidential power on February 7.

“Without an end to – and accountability for – these human rights violations, any attempt at political reconciliation in the Maldives will be meaningless,” said Amnesty’s researcher in the Maldives, Abbas Faiz.

Amnesty said that several of its human rights recommendations are reflected in the Commission of National Inquiry’s (CNI) report which was released on August 30.

The report details a number of incidents of police brutality on February 8, including attacks on Maldivian Democratic Party (MDP) MPs Eva Abdulla and Mariya Didi.

“The overall objective of these violent attacks has been to silence peaceful government critics and stifle public debate about the current political situation,” said the report.

“Based on Amnesty International’s interviews with survivors of these violent attacks, it appears that many were targeted by security forces because they were MDP ministers, parliamentarians or supporters,” it read.

The report recommended that the Maldivian government “ensure prompt, independent, impartial and effective investigations into allegations of violence by officials.”

“Those suspected of offences involving such violations, irrespective of rank or status, must be prosecuted in proceedings which meet international standards of fairness.”

It also urged the government to “remove any bias in the police force, so they act as officers of law without prejudice, and do not take sides politically.”

Tension between the police has continued unabated since the release of the CNI report, with continued MDP demonstrations being met with large numbers of arrests.

The police service last week confirmed that they would be arresting people for using the term ‘baghee’ (a Dhivehi word meaning a traitor who brought about or participated in a coup).

The report is based largely on the testimony of individuals interviews conducted during a three week Amnesty visit in February and early March this year.

Commissioner of Police  Abdulla Riyaz, who was unavailable for comment at the time of press, told Minivan News in April that he had been disappointed by Amnesty’s failure to ask the police for its comments before releasing a report based on its findings.

“I don’t see that there has been any investigations done, none of our officers was questioned, interviewed – neither by them nor by the Police Integrity Commission (PIC), nor by the Human Rights Commission (HRCM). I don’t think that’s fair,” said Riyaz.

Strong pressure on weak institutions

As well as concluding that President Mohamed Nasheed was not removed from office unconstitutionally, the CNI report acknowledged that his resignation was accompanied by acts of police brutality which it said must be investigated.

“With respect to the administration of justice, in particular concerning allegations of police brutality and acts of intimidation, there is an urgent need for investigations to proceed and to be brought to public knowledge with perpetrators held to account and appropriately sanctioned,” read the report.

Shortly after the report’s release, the Home Minister Dr Mohamed Jameel Ahmed told a press conference that the government did not intend to take action against anyone other than the former President in relation to the CNI’s conclusions.

Jameel stated the responsibility for the investigation of police misconduct would fall upon the Police Integrity Commission (PIC).

This has prompted renewed focus on the apparent weakness of such independent institutions in the Maldives.

“One of the reasons for the 7 February and the associated crisis is weak institutions, and the democratic institutions in Maldives must shoulder at least some of the blame for not being pro-active enough in working to address urgent issues,” said Aiman Rasheed of local NGO Transparency Maldives.

“Providing room for institutions to grow organically, and address institutional issues in an environment free from fear and intimidation from the political overlords is more important for Maldives at the moment,” Aiman continued.

“The independent institutions need to step up their game by standing for and protecting the values for which they were constituted,” he said.

Following Jameels announcement, Chair of the PIC Shahinda Ismail said that she was “very sceptical of the burden we will have to carry”, citing concerns over the lack of clarity in the CNI report and loopholes which prevent the implementation of its recommendations.

Shahinda alleged that certain clauses in the Police Act had already resulted in the Home Minister ignoring recommendations forwarded to him concerning incidents from February 8.

Similarly, a Supreme Court ruling concerning the activities of the Anti Corruption Commission (ACC) earlier this week appeared to the leave this institution in a state of limbo.

“In other countries, Anti Corruption Commissions have the powers of investigation, prevention and creating awareness. If an institution responsible for fighting corruption does not have these powers then it is useless,” said ACC President Hassan Luthfee.

Weak institutions have often been described by prominent members of the current government as rendering the country unready for early elections despite months of political stultification.

“Tighter legislation that addresses ambiguities and close legal loopholes will help. However, the political will to truly reform key institutions is lacking, especially the judiciary and the parliament,” said Aiman.

The final recommendation of Amnesty’s report was directed at the international community, requesting that it provide human rights training to the Maldives’judges, prosecutors and law enforcement officials.

In April, the United States pledged US$500,000 (Rf7.7 million) to assist Maldivian institutions in ensuring a free and fair presidential election.

The American Embassy in Colombo also conducted an information session on democratic rule of law for senior officers and management of the police service in May.

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Police commissioner designates July 23 as “Police Memorial Day”

The Maldives Police Service has announced that July 23 will be set aside to commemorate the lives of officers who have fallen in the line of duty, according to local media.

Police Commissioner Abdulla Riyaz said that a Police Memorial Day would be held every year on July 23 in honour of those officers who had lost their lives.

The Sun Online news service yesterday reported that the comments were made during a special commemoration service for Lance Corporal Adam Haleem, who was killed after trying to arrest his suspected killer. The attack occurred on July 23, 2012.

According to Commissioner Riyaz, Haleem’s murder was the first murder of an on-duty officer since 2008. The murder has been politicised by supporters on both sides of the country’s political divide, even as investigations into the death were ongoing.

The commissioner also used yesterday’s ceremony to draw attention to the deaths of other officers killed on duty.

These officers include Lance Corporal Ali Nazim, killed by an accident at sea during a rescue mission on September 21, 2006 and Constable Yoosuf Zameel, who died while travelling on March 13, 2007 as he travelled from Male’ to Dhoonidhoo.

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