Tag: prisons

Police used excessive force against demonstrators, says HRCM in UPR report

Police used disproportionate force against demonstrators during street protests in the aftermath of the transfer of power in February 2012, states the Human Rights Commission of Maldives’ (HRCM) Universal Period Review (UPR) report.

“HRCM observed during dispersal of demonstrations [Maldives Police Service] used disproportionate force which was at times discriminatory towards political parties, excessive and disproportionate use of pepper spray at protestors, inconsistency in issuing warnings before dispersal and obstruction of media,” reads the report.

“It was evident that some demonstrators were subjected to torture at the time of arrest.”

In June 2012, the Maldives Police Service (MPS) denied allegations of police brutality by Amnesty International, which had condemned the “excessive use of force” against demonstrators.

Amnesty’s statement followed its investigation of a police crackdown on a Maldivian Democratic Party (MDP) protest against the dismantling of the opposition party’s Usfasgandu protest camp on May 29 – a crackdown which included “beatings, pepper-spraying, and arrests”.

“Those attacked include peaceful demonstrators, members of parliament, journalists and bystanders,” said Amnesty.

The HRCM meanwhile recommended “action against officers who violate the laws, eliminating room for impunity.”

Last month, Attorney General Mohamed Anil told parliament that five police brutality cases from February 2012 were ongoing at court.

While it had concluded that the transfer of presidential power was constitutional, the Commonwealth-backed Commission of National Inquiry had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers.

After the ministry instructed police to take disciplinary action against the officers, the police disciplinary board sacked one officer.

However, the disciplinary board decided there was insufficient evidence to prove wrongdoing by the other five officers and decided not to dismiss them pending the outcome of a trial.

On February 8, 2012, thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the HRCM concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

Torture and prisons

The HRCM revealed in the UPR report that a total of 304 torture allegations were filed at the commission, “of which 74 allegations have been investigated from 2010 to July 2014.”

“However, none of these cases were sent to prosecution due to lack of enough evidence to prove them in a court of law,” the report stated.

On pressing issues concerning the prison system, the report highlighted “the lack of categorisation, unavailability of rehabilitation and reintegration programs, unnecessary strip‐search and disproportionate disciplinary measures towards male prisoners and minors.”

“In custodials, issue of overcrowding, handcuffing for indefinite periods, extended detention for investigation purposes and failure to collate data in a systematic way are areas suggested for improvement over the years,” the report noted.

“In the only psychiatric institution of state, despite continuous recommendations for change, geriatric patients and patients enduring mental illnesses and [persons with disabilities] are accommodated without proper categorisation. Institution for children under state care is heavily under‐staffed. Inappropriate disciplinary measures against children under de facto detention persist in most institutions sheltering juveniles.”

Gang violence and juvenile justice

The HRCM also noted that gang violence and murders “increased at an alarming rate” in recent years.

“A study shows that many of these gang related violence are linked to politicians or business persons who pay gangs to carry out violent acts. Yet, state has been unsuccessful in effectively addressing this issue. So far 21 murder cases were recorded since 2010, most of which were gang related,” the report explained.

The reasons why youth join gangs include the “search of identity and protection” and unemployment, the report noted.

“With criminal records or inability to exit gang life makes it difficult for youth to find employment, rehabilitation opportunities and remain stigmatised by society,” the report stated.

“Although, human resource, rehabilitation and support programs remain limited for proper functioning of a juvenile justice system; the lack of political will along with resource constraints impacts addressing these issues.”

Referring to new regulations on enforcing death penalty, which allow minors convicted of murder to be executed once they turn 18, the HRCM called on the state to “abolish death penalty for minors.”

“The age of criminal responsibility is 15 years and minors can be held for hadd offence,” the report explained.

“Bills such as Criminal Procedure Code, Evidence Bill and Witness Protection needs to be enacted and state is yet to establish an independent forensic institution to provide accurate information to make an impartial decision on matters concerning administration of death penalty.”
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Government implements new escaped prisoner regulation

The government yesterday started implementing a new regulation on procedures regarding escaped inmates.

The regulation was made in compliance with Article 144 of the Prisons and Parole Act, 2013.

The regulation gives the authority to the director of prisons to declare that an inmate has escaped from detention, failed to return from temporary release, or taken flight while on medical release.

The new regulation obliges the most senior officer in-charge of the prison security to inform the director of prisons immediately if an inmate escapes or attempts to escape. The director must then inform the Commissioner of Prisons before submitting a detailed incident report within 24 hours.

Correctional services are subsequently obliged to inform police with a written document and to publish the escaped inmate’s picture on the media as well as informing the family of the escape.

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Home minister violates Anti-Torture Act

Minister of Home Affairs Umar Naseer has failed to publicise a document as specified in the recently passed Anti-torture Act, thereby violating the articles of the landmark legislation.

The act – which came into force on March 22 this year – states that within 15 days of coming into force (6 April), the minister must publish a complete list of places where people are detained in state custody.

“The deadline for the home minister to make public all places of detention designated as such has passed, and it is disheartening to know that the first violation under this act has been by the state,” Human Rights Commission of Maldives (HRCM) member Jeehan Mahmoud has said.

The ministry has confirmed that it was not published by the deadline, with one official explaining that this was mainly due to issues with obtaining information from other institutions with such centres under their authority.

The official said that the ministry is attempting to publish the list by Sunday (April 13).

Within seven days of publishing the list, the ministry was also required to submit a report to the HRCM with the locations of all detention facilities and details of persons held in those places.

The ministry has assured that the compilation of this report is also currently in progress.

The act gives the HRCM overall responsibility for the implementation of the new law, empowering the commission to prevent all crimes underlined in the act by taking direct action.

Jeehan has said the commission is monitoring the deadlines and will take action against any and all schedules that are disrespected by the state.

According to the commission, a written reminder was sent to ministry as soon as the law came into force and another reminder sent yesterday. The issue will soon be discussed in the commission which will then decide on next course of action.

Criminal charges

Commenting on the issue MP Eva Abdulla, who introduced the bill to the People’s Majlis, said it was “not surprising that a government controlled by the Gayoom family would be hesitant, even reticent to implement anti-torture legislation.”

Eva said that the bill has to be implemented on schedule to address the return of torture to prisons.

“We are very concerned about reports of ill-treatment and physical abuse in the prisons again. The legislation needs to be implemented on schedule to address this and to address the feelings of past victims. Implementation needs to be flawless,” said the recently re-elected MP.

The HRCM noted last month that incidents of torture in detention are now on the rise. Minister Umar, who himself served in the National Security Service (police and military service under President Maumoon Abdul Gayoom) has previously been accused of torture himself – an allegation he has always denied.

Under Article 23 (g)- 2 of the Anti-Torture Act, establishing, running or maintaining a place of detention other than those publicly announced is considered a crime.

Article 23 (g)- 3 states that failure to publish the mandatory report to HRCM is also a crime. The penalty for both is 1 – 3 years
imprisonment. Criminal offenses underlined in the act are to be investigated and forwarded to the Prosecutor General’s Office for prosecution.

The HRCM did not comment on the possibility of criminal charges against the home minister, stating that the commission will address the matter as mandated by the act.

Umar Naseer was unavailable for comment as he is currently abroad.

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Police investigating 51 complaints of torture and wrongful imprisonment

Police are investigating 51 new complaints of torture and wrongful imprisonment after soliciting cases from an office in the Velaanage building.

The torture investigation committee led by former Defence Minister Ameen Faisal was formed by Presidential decree to investigate torture allegations against former government, and obtain information concerning prison torture carried out during both the current and former administrations.

The office was opened last week following the release of disturbing photographs of tortured victims in custody, and the arrest of former prisons chief Isthafa Ibrahim Manik, who has since been released to house arrest on order of the High Court.

The photos released so far include images of men tied to coconut palms, caged, and bloodied. One of the photos, of a prisoner lying on a blood-soaked mattress, has a 2001 date stamp.

Police Sub-Inspector Ahmed Shiyam said some of the complaints concerned “inhumane activities” and violations of human rights within the prison system, while others related to people “who were imprisoned for a long time without trial, or were kept in custody despite a court order [to the contrary].”

“Most occurred a long time ago, 20-30 years,” Shiyam said. None of the 51 complaints selected for investigation referred to incidents in the last two years, he confirmed, although the office was continuing to seek information on recent cases.

The prisons system has been under particular scrutiny following the disappearance in April of crucial files relating to an investigation into human remains found on the site of the former Gaamaadhoo prison.

“People want to see justice for what happened,” a senior government source told Minivan News at the time. “Human remains were discovered and there is a strong reason to believe that something bad happened. However it looks like the investigation has been compromised.”

Police have since claimed that preliminary investigations revealed planned and systemic abuse of prisoners over a long period of time.

Several members of government, including President Mohamed Nasheed, maintain they were tortured in custody under the former administration.

Former President Maumoon Abdul Gayoom has denied allegations – among others – that incidences of torture occurred during his rule.

“All such allegations of corruption, mismanagement and misappropriation of funds and property are baseless and completely untrue, as are those of torture, repression, and unlawful detention during my presidency,” Gayoom said in a letter to UK Prime Minister David Cameron last year, dated October 17.

“Nearly two years after the MDP government assumed presidency, Nasheed and his government have failed to uncover a single shred of evidence to substantiate any of these allegations,” Gayoom said.

Cases of previous custodial torture can be reported to the government’s investigation committee on the 12th floor of Velaanage, by phone on +960 333 0584 or +960 333 0585, or island police posts.

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Comment: We are criminals

The Maldives has the 10th highest prison population rate in the world and our society is set up to perpetuate this rate.

The victory in 2008 ushering in democracy has barely lessened the number of people incarcerated. It has not changed how we treat people who have gone to jail, nor the causes for which so many of our people lose their freedom. It has not made us reflect on the effect this is having on our society. And as a nation we will suffer for this together.

Culture promoting criminality

Before we won the election, politicians on my side of the divide could have claimed that many of the prisoners in jail were the result of political repression.

But the problem goes beyond politics. The problem is societal and the responsibility now falls on each and every one of us to change the direction we’ve been heading in.

The vast majority of those arrested have been sentenced on drug related charges. We have 30% of our youth falling into drugs like heroin, and we are surprised that crime is soaring. We are surprised when gang related violence escalates, and we are surprised that Male’ and islands around the country are no longer safe.

Male’ is now split up by the gangs controlling strictly monitored lines. They hijack each other’s cars and motorcycles and go after one another with whatever weapon they can get their hands on.

For all of us who have nothing to do with these gangs, we just ignore it. We turn a blind eye because that’s what we’ve been taught to do for 30 years.

But political commentary aside, we each let this happen. We live in a small community where everyone knows everything about everyone else. We know when our neighbor is arrested. We know why the boy down the street was taken to jail and why the police kicked down his friend’s door the week before.

But instead of helping them recover and reintegrate, we shun them. We ostracize them and say they are not worth our time. Instead of offering a helping hand, we kick them to the curb as the wasted undesirable elements of our society. But with the prison population so high, it is a large part of our society.

Our prison population rate is the 10th largest in the world, and this is without all the people who have not yet been sentenced. We need to help these people join the working ranks and support our nation to grow. We need to stop abusing them with our indifference, and we have to make it clear to our government institutions and those who work for them, that we will not tolerate abuse against inmates and promote true rehabilitation instead.

Rehabilitation

We as a society have to help with rehabilitation. I don’t mean drug rehabilitation. I mean we have to teach inmates how to function in society and how to be productive members of it. But the truth is that rehabilitation was never a part of our penitentiary services. In the past, the entire prison institution was based around repression, fear, and control of the unruly elements of our society. The new government is trying to change that and I’ve seen more change in the DPRS (Department of Penitentiary and Rehabilitation Services) than in many of the other institutions, though even the DPRS has been subject to politically based manipulation by jailers, and not just by government sympathizers. However, what about all those people who have not yet been convicted?

These people are kept in police detention facilities. The same kind of facilities which have been responsible for custodial abuse reported recently. In addition to the kinds of abuse described by the inmates on DhiTV, there is a culture of brutality amongst the armed forces which needs to be addressed. Prisoners are constantly manhandled by their guards, whether they behave or not.

Further methods are used to ensure compliance and deal with unruly behavior. Amongst these methods are handcuffing inmates in difficult positions and leaving them for hours at a time under the hot sun, or if it is raining, leaving them out in the cold.

These are people who have not even been sentenced yet! Guilt has not been established. Due process has not been executed. And even if these people had been sentenced, they are still human beings and thereby extended inalienable rights; especially from torture. We suffered these kinds of abuses under the previous administration; it cannot be allowed to continue.

Reform

The attitudes within both the Police Service as well as the general populous need to be reformed. The Maldivian Police Service has made phenomenal improvement in how the deal with the citizenry, so there should be no reason why this cannot extend towards those members of society who are placed in their care.

We as society need to care about what happens to inmates. Without reform and true rehabilitation, we will never be able to progress as a nation.

We may have had a democratic election, but we still do not have a free society. The democracy monitoring international NGO, Freedom House, still ranks us as only partly free because of our apathy towards the prison population. We are such a small community.

We are all brothers, sisters, cousins, neighbors, and friends. We have no excuse to allow things to continue as they are. The shackles of tyranny still bind us. It’s time we start chipping away at these bindings, so that one day we will enjoy a free and stable society.

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