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Police, Criminal Court exchange blame over release of alleged drug traffickers

The Maldives Police Service (MPS) and the Criminal Court have blamed each other for the release yesterday (October 3) of two suspects arrested on charges of drug trafficking.

The two suspects were taken into custody on Thursday (October 2) after about 1kg of drugs were found in their possession. The pair were reportedly arrested after they loaded a vegetable box containing the drugs into a car upon arriving in Malé from the airport.

According to local media, the suspects were released because they could not be brought before a judge for extension of remand detention 24 hours after the arrest.

The justice building was closed when police took the suspects to the Criminal Court on Friday and the 24-hour period elapsed at 1:30pm.

Under Article 48 of the Constitution, judges must determine the validity of detention with 24 hours of an arrest and decide whether or not to authorise pre-trial detention.

An official from the Criminal Court’s told local media that police were informed in writing that the court would open at 2:00pm on Friday.

If police were aware that 24 hours would elapse before then, the official said police should have brought the suspects to the court on Thursday.

Aside from confirming the release of the suspects, police have declined to comment on the incident.

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JSC lawyer election scheduled for October 30

An election for a lawyer to represent the legal community on the Judicial Service Commission (JSC) watchdog body has been scheduled for October 30, the Attorney General’s (AG) Office announced on Thursday (October 2).

Interested candidates were invited to submit applications before October 16.

In mid-August, the AG Office postponed the election for a second time after the Supreme Court struck down section 11(a) of the regulations enacted for conducting the polls, which states that polling mechanisms would be established on inhabited islands with at least five registered voters.

The apex court had declared that all licensed lawyers eligible to vote in the elections – including magistrates of island courts – should be able to do so anywhere in the country without registering.

The order prompted the AG Office to repeal the procedural regulations as the “essence” of the annulled clause was assuring “secrecy of the ballot”.

The AG Office said last week that new regulations (Dhivehi) have since been formulated in line with the Supreme Court order (Dhivehi). Lawyers and magistrates in other islands would be able to vote via fax from a polling station arranged by the AG Office.

Once the faxed ballot paper with the name, signature and fingerprint of the voter is received by the AG Office, an election official at the office would omit the section with the name and cast the ballot into a ballot box in Malé.

The election was first delayed in July after Gaaf Dhaal Fiyori Magistrate Abdul Razzak Mohamed filed a case at the Civil Court seeking annulment of section 11(a) of the procedural regulations.

After issuing a stay order postponing the election pending a judgment, the Civil Court ruled in late July that annulling the requirement would violate the secrecy of the ballot.

Judge Ali Rasheed Hussain noted that allowing voting mechanisms on islands where only one lawyer casts a ballot would compromise secrecy.

Along with former Deputy Prosecutor General Hussain Shameem, the three other candidates that have been stood for the election were Anas Abdul Sattar, Mohamed Faisal, and Latheefa Qasim.

After withdrawing his candidacy, lawyer Mohamed Fareed objected to judicial interference in the election following an earlier Supreme Court’s ruling allowing all licensed lawyers, including sitting MPs and judges, to vote in the election.

“The belief that an election in the Maldives may proceed without Supreme Court interference is against the facts, reality. This is the reality now,” he said at a press conference.

Had voting mechanisms been set up on every island, magistrates would have been forced to vote for the judiciary-backed candidate Latheefa Qasim, he suggested.

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Six arrested in connection with assault

Police arrested six men in connection with a violent assault in the artificial beach area of Malé around 2:50pm yesterday (October 3).

The six suspects in custody include two men who sustained injuries in the assault, police said, who were arrested following treatment at the ADK hospital.

Eyewitnesses told local media that the assault occurred when a man wearing a mask and carrying a machete knife entered the Dine-more restaurant.

Shortly thereafter, he was chased out by four men, who followed him into the Shawarma cafe on Majeedheemagu. Equipment and property at the cafe were damaged in the altercation.

Police said the suspects were arrested from the scene of the crime.

While two stabbing incidents occurred last week, a spate of violent assaults in the capital in August – which police said was a series of gang reprisals – saw two young men stabbed to death.

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Centre for Law and Democracy suggests Maldives failing to protect journalists

The Centre for Law and Democracy (CLD) has accused the Maldives of failing to protect journalists following recent attacks on media and the disappearance of Minivan News journalist Ahmed Rilwan.

In an open letter to President Abdulla Yameen, the Canadian Human Rights NGO described Rilwan’s disappearance 55 days ago as fitting into “a broader pattern of violence and intimidation directed towards the media in the Maldives”.

“CLD calls on the government of the Republic of Maldives to do everything within its power to rescue Mr. Rilwan and to bring the perpetrators of this and other crimes against the media to justice,” wrote CLD Executive Director Toby Mendel.

Rilwan was last seen in the early hours of August 8 travelling home, just minutes before a man was seen being forced into a car outside his apartment.

The release of a private investigation’s findings into the case last week suggested that – among a number of possible lines of inquiry – gang-related abduction was a strong possibility in the case.

Police have since arrested four men in relation to the disappearance, though no specific theories for the disappearance have yet been forthcoming from authorities.

Police Commissioner Hussain Waheed and Attorney General Mohamed Anil were both sent copies of the CLD letter addressed to President Yameen.

Taking note of the “generally deteriorating security situation for journalists in the Maldives”, the letter suggested that the country was failing to live up to its international human rights obligations.

“International human rights law places an obligation on States to create an environment in which the media can do its job effectively,” wrote Mendel.

“This includes, where necessary, providing protection for the physical security of journalists and media outlets and ensuring effective investigations of attacks when they do occur.”

The police investigation has come under scrutiny from numerous domestic and international groups for its lack of progress, while the force itself labelled the recent investigative report  “politically motivated” and “irresponsible”.

President Yameen himself has also come under attack for his failure to comment on the unprecedented case of the 28-year-old’s disappearance, with the political opposition recently urging him to take personal charge of the investigation.

Reporters Without Borders has drawn links between the attack on the offices of Minivan News last week and the release of the report. A machete was left in the door of the offices after a well-known individual – named in the report – was seen tearing down the building’s CCTV.

Minivan News has since relocated its office for security reasons.

“Attacks on the media represent attacks on freedom of expression and indeed democracy itself, since they chill the broader public discourse and hinder the ability of members of the public to obtain accurate information about the country’s affairs.”

Foreign Minister Dunya Maumoon last week joined international groups in condemning the attack on Minivan News as well as the threats received by journalists later the same day (September 25).

“Media freedom and freedom expression are fundamental human rights guaranteed under the Constitution of the Maldives and the human rights instruments that the Maldives is party to,” read the foreign ministry statement.

“At the ongoing Human Rights Council Session in Geneva the Maldives co-sponsored the resolution calling for the safety of journalist.”

Both Canada and the EU have since expressed alarm at the current human rights situation in the Maldives.

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Government to raise fees for issuing passports

The department of immigration has decided to hike fees for issuing new passports from November onward.

In a statement yesterday, the immigration department said the fee for issuing an ordinary 32-page electronic passport would be raised from MVR450 (US$29) to MVR1,000 (US$65).

While the fee for an ordinary 64-page electronic passport would be raised from MVR650 (US$42) to MVR1,500 (US$97), the fee for a non-electronic passport would be raised from MVR300 (US$19) to MVR600 (US$39).

The fees were hiked in response to a sharp increase in the cost of printing, processing and handling passports, the immigration department said.

The department revealed that more than 1,000 passports are lost and needed to be replaced every year.

The fee for replacing lost or damaged passports has also been raised. The fees were last raised in 2007.

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Man stabbed in Malé

A young man was stabbed in the Maafanu ward of the capital Malé city last night (October 1), reports Sun Online.

An eyewitness told the online news outlet that the victim was bleeding heavily after being stabbed in the back. He was rushed to the Indira Gandhi Memorial Hospital (IGMH) for treatment.

In August, a spate of violent assaults in the capital – which police said was a series of gang reprisals – saw two young men stabbed to death.

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Police advise precautionary measures against theft during Eid holidays

Police have advised residents of Malé to take precautionary measures to avoid theft if they leave their homes unattended during the upcoming Eid holidays.

In a press release today, police advised residents of the capital who plan on leaving for the holidays to secure valuable belongings, lock all cupboards and rooms, and inform both a reliable person and the nearest police station of their absence.

The Eid al-Adha begins tomorrow and government offices are expected to be closed next week.

Police said patrols in the capital would be stepped up to ensure security during the holidays.

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Police arrest Imam of unauthorised independent prayer congregation

No additional reporting by missing journalist Ahmed Rilwan

Police have arrested a 34-year-old man for leading an unauthorised independent prayer congregation and delivering Friday prayer sermons at the Dharumavantha mosque in Malé.

The suspect was taken into custody on Tuesday night (September 30) on charges of “attempting to incite religious strife and discord,” said police, and leading prayers without authorisation from the Islamic ministry in violation of the Protection of Religious Unity Act of 1994 and regulations under the law.

“Despite being summoned to the police headquarters and being repeatedly advised and told to cease [leading the independent congregation], he gave religious sermons without permission at the Dharumavantha mosque and attempted to create religious divisions in the country,” police said in a statement yesterday.

The Criminal Court yesterday granted an extension of remand detention for five days.

“The Dharumavantha mosque is not among mosques designated in Malé for Friday prayers. And those delivering sermons and issuing fatwas there have not sought authorisation from the Islamic ministry,” police noted.

The case is under investigation by the police serious and organised crime department.

At a press conference on September 24, Home Minister Umar Naseer said efforts were underway to stop the independent congregation gathering at Dharumavantha mosque.

“Putting a stop to it is not just physically going there and stopping them sometimes with shields. Due to the nature of the [issue], we want to advise them, explain to them how it is in religion, and do all that,” Naseer told the press.

The Islamic ministry had summoned members of the separatist prayer group and conducted “one-to-one” counselling sessions, Naseer revealed.

“Unless all these efforts fail, we will not use the force of law,” Naseer said.

Religious unity

In February this year, the Malé City Council posted a notice on the Dharumavantha mosque stating that it would be temporarily shut down at the request of the Ministry of Home Affairs to stop unauthorised Friday prayers.

The prayer group has been described as “extremist” by Islamic Minister Dr Mohamed Shaheem Ali Saeed.

However, the independent congregation gathered for prayers the next Friday and prayed for God to destroy the government and for victory against the “irreligious” government that was attempting to “obstruct the spreading of Allah’s message”.

The Imam also prayed for God to destroy and send his wrath upon military and police officers who implement the government’s orders.

Despite the notice, the group continued to gather for prayers at the mosque and conduct Friday prayers every weekend at a time earlier than the time set by the Islamic ministry.

Local media reported last month that the Dharumavantha mosque’s Imam accused the government in a Friday prayer sermon of declaring “war” against the congregation.

A prayer was also offered against the government’s alleged efforts against the “true invitation” and for Allah to strike fear into the hearts of police and army officers who might be used stop the unauthorised congregation.

Under the religious unity regulations enacted in May 2010, permission and written approval must be sought from the Islamic ministry to preach, give sermons and issue religious edicts in the Maldives.

Scholars seeking a license to preach are required to have at least a first degree in religious studies from an institution recognised by the government.

In April, President Abdulla Yameen ratified amendments to the Religious Unity Act – which came into force mid-July – outlawing independent or unauthorised prayer congregations.

The penalty for violations of either the law or the regulations is a jail sentence of between two to five years.

A former member of the Dharumavantha mosque congregation told Minivan News in February that shutting down the mosque or arresting the members of congregation would be ill-advised.

“You can’t change what people believe using force. Under [former President Maumoon Abdul] Gayoom, I was arrested and kept in solitary confinement for weeks and sometimes months for praying in separate congregations and being involved with such groups. If anything, my convictions became even stronger and my thinking more radicalised,” he said.

Under the administration of former President Mohamed Nasheed, the government’s policy in combating extremism shifted to a rehabilitation model.

In 2010, President Nasheed decided to commute the sentences of 16 people convicted for their part in a violent confrontation between the security services and a separatist prayer group in Himandhoo.

More than 50 people were arrested in October 2007 after islanders donned red motorcycle helmets and armed themselves with batons and knives to defend the Dhar al Khuir mosque.

Police had been searching for suspects in the Maldives’ first Islamist terror investigation following a bomb blast in Sultan Park that injured 12 tourists.

Questioning the success of the appeasement or conciliatory efforts, however, Shaheem – who had earlier advocated for a similar model – had labelled it a failure.

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Asia Pacific Forum urges president to preserve independence of HRCM

No additional reporting by missing journalist Ahmed Rilwan

The Asia Pacific Forum of National Human Rights Institutions (APF) has urged President Abdulla Yameen to ensure the independence of the Human Rights Commission of Maldives and guarantee immunity from prosecution for its members.

All five members of the HRCM are currently on trial at the Supreme Court, which has initiated suo moto proceedings against the commission on charges of undermining the constitution by allegedly including false information in its Universal Periodic Review (UPR) submission to the UN Human Rights Council.

“In expressing its considered opinion to the UPR, the HRCM is fulfilling its official and legal mandate,” reads a letter from APF Chairperson Dr Ali Ben Smaihk Al-Marri sent to President Yameen on September 24.

“With the greatest respect, we urge you to preserve the independence of the HRCM and guarantee the immunity of members of the HRCM. The APF is willing to provide you any assistance you think fit on this matter.”

The APF is a member organisation of national human rights bodies of the Asia Pacific region with a membership of 22 institutions.

In its letter, APF noted that the HRCM was “a highly valued and respected member” of the organisation and expressed “gravest concern” over the Supreme Court’s actions.

The ongoing trial was “a concerning threat to the independence of the commission,” the organisation said.

The APF referred to Article 27(a) of the HRCM Act, which grants members immunity from prosecution for “committing or omitting an act in good faith”.

Moreover, Article 27(b) states that the commission could only be sued regarding published reports following an inquiry which establishes the falsehood of a component of the report.

“In addition, the UN international standards relating to NHRIs, the ‘Paris Principles’ set out, that in terms of a NHRIs independence, competence and responsibilities a NHRI is able to ‘contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence,'” the APF letter stated.

At last week’s second hearing of the suo moto trial, Chief Justice Ahmed Faiz Hussain slammed the commission for basing its observation – that the Supreme Court controlled and influenced the judiciary to the detriment of lower courts – on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul.

Faiz said the judiciary had rejected Knaul’s report as invalid. In June 2013, the government accused Knaul of undermining the Maldives’ sovereignty and jurisdiction.

On Tuesday (September 30), the European Union (EU) delegation in Colombo and EU member states expressed concern with the Supreme Court trial undermining the HRCM’s independence.

Meanwhile, former Justice Minister Ahmed ‘Seena’ Zahir called on the public last week to speak out for judicial reform and warned of a burgeoning “judicial dictatorship.”

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