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IS un-Islamic and anti-Islamic, tells Dr Waheed at UN General Assembly

No additional reporting by missing journalist Ahmed Rilwan

The militant organisation Islamic State (IS) is not only un-Islamic but anti-Islamic, former President Dr Mohamed Waheed Hassan Manik said yesterday (September 30) at the UN General Assembly in New York.

“These are terrorist groups, not religious groups. Islam, our great religion of peace, compassion and tolerance, is being hijacked by radical and extremist elements to perpetuate hatred and violence,” Dr Waheed said in his speech as President Abdulla Yameen’s special envoy to the 69th session.

“We, the government and people of Maldives, condemn in the strongest terms, these groups, their ideologies, and their activities. We join our fellow Muslims around the world in saying ‘not in my name’.”

Ignorance was the biggest challenge to development, Dr Waheed said, and “violence, subjugation and eternal poverty breed ignorance.”

“Misinformed, yet talented, young people can be easily lured into fanaticism, radicalism, and extremism. Islam’s identity as a religion that supports innovation, knowledge, and scholarship is slowly eroding away, the golden era of our religion is almost forgotten,” he continued.

“Today, the world has a choice to make. Should we allow extremists to shape our future? Or should we take decisive actions to defeat these extremist ideologies? Our answer to these questions will define the way in which we deal with the so-called Islamic State and other terrorist groups.”

Islamic State

The Sunni jihadist group IS claims religious authority over all Muslims and has declared a caliphate in territory it holds in Iraq and Syria.

In late August, Foreign Minister Dunya Maumoon issued a press statement condemning “the crimes committed against innocent civilians by the organisation which identifies itself as the Islamic State of Iraq and the Levant (ISIL) or the Islamic State of Iraq and Syria (ISIS).”

Dunya’s remarks followed Minister of Islamic Affairs Dr Mohamed Shaheem Ali Saeed’s declaration that the ISIS would not be allowed to operate in the Maldives.

“ISIS is an extremist group. No space will be given for their ideology and activities in the Maldives,” Shaheem tweeted on August 24.

The Maldivian Democratic Party (MDP), however, promptly put out a statement questioning Shaheem’s sincerity, suggesting that the words had not been backed up with concrete action by the government.

The Islamic ministry has also provided a meeting hall of the Islamic centre for a religious sermon which was advertised with the ISIS logo, the MDP claimed.

The party claimed to have learned that police and army officers were involved in putting up the banners across the capital.

A Facebook page called Islamic State in Maldives promoting IS in the country was discovered last month, which shared photos of protests calling for a ban on Israeli tourists where protesters carried the IS flag.

Moreover, a new site called Haqqu and Twitter account sprang up recently featuring IS-related news and publications in Dhivehi as well as translations of a sermon by self-proclaimed Caliph Abu Bakr al-Baghdadi.

Last week, former President Mohamed Nasheed suggested that radicalised gangs were behind the recent “atrocities” in the capital, referring to the torching of the MDP office.

Several journalist were also sent a text message warning them not to cover “the incidents happening in Malé now.”

“This is a war between the laadheenee [secular or irreligious] MDP mob and religious people. We advise the media not to come in the middle of this. We won’t hesitate to kill you,” read the threat.

Extremist religious indoctrination of youth was a relatively recent phenomenon in the Maldives, Nasheed observed.

The opposition leader claimed that many young men from criminal gangs were seen in a protest march held in Malé on September 5 with participants bearing the IS flag and calling for the implementation of Islamic Sharia.

Of the approximately 150 participants, Nasheed claimed most were “active in gangs.”

“So youth in gangs are turning to ISIS [Islamic State of Iraq and Syria] ideology. That activities of ISIS are happening in the Maldives is becoming very clear to us. And while this is happening, the government is unable to stop gang activities,” he said.

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Terrorism trials begin for over 80 individuals from Thinadhoo

Terrorism trials began at the Criminal Court yesterday for 81 individuals from the island of Thinadhoo in Gaaf Dhaal atoll accused of setting fire to the island’s police station and court on February 8, 2012.

According to local media, out of 89 individuals facing terrorism charges, 81 were summoned to the court yesterday, all of whom pleaded not guilty. The accused were offered an opportunity to appoint defence lawyers.

The trials began at 10:00am and lasted until 5:30pm as consecutive hearings were held for small groups of defendants. The terrorism trials posed difficulties for other hearings at the court as such a large group of people were summoned on the same day.

The 89 individuals were charged under Article 2 and 6 of the Anti-Terrorism Act of 1990.

Opposition Maldivian Democratic Party (MDP) Chairperson Ali Waheed met a number of the defendants at the party’s office prior to the hearings yesterday.

On February 8, 2012, riots spread across the country following a brutal crackdown on an MDP march in the capital in protest of the controversial transfer of presidential power the day before.

In a press release issued on September 18 after the hearings were scheduled, the MDP contended that the trials against dozens of the party’s members and supporters in Addu City and Thinadhoo were politically-motivated acts of intimidation.

The party also accused the government of threatening to prosecute persons who participate in MDP activities.

The press statement also noted that police officers who committed crimes on February 6, 7 and 8 were not being prosecuted.

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Former justice minister slams “judicial dictatorship”

No additional reporting by missing journalist Ahmed Rilwan

The Maldivian judiciary is not functioning as envisioned in the revised constitution adopted in August 2008 and should be reformed, former Justice Minister and former Speaker Ahmed ‘Seena’ Zahir has said in a scathing critique of the justice system.

“If we don’t want an executive dictatorship from a dictatorship, we don’t want a judicial dictatorship either,” the former speaker of parliament reportedly said at a ceremony held on Monday night (September 29) to inaugurate an association of former students of the private Malé English School (MES).

Zahir’s criticism follows the Supreme Court initiating suo moto proceedings against members of the Human Rights Commission of Maldives over its Universal Periodic Review (UPR) submission to the UN Human Rights Council.

The Special Majlis constitutional assembly convened to amend the constitution – of which he was a member – did not envision the judiciary “meddling” in executive affairs, Zahir said.

Judges were offered tenure, job security and high pay, he noted.

He added that the judiciary was misinterpreting constitutional provisions while the mandate of judges was limited to conducting trials.

“That should be brought to an end. It won’t come to a halt by jailing those who talk about this. Someone has to raise their voices on behalf of the people,” he said.

Zahir called on the public to exercise the constitutional right to freedom of expression and raise their voices for judicial reform.

The MES senior student association could take up the call as it should be done in an academic and unbiased manner without politicisation, he advised.

Zahir – who served as justice minister in the cabinet of former President Maumoon Abdul Gayoom and participated in the ruling Progressive Party of Maldives’ (PPM) presidential campaign last year – suggested that political parties were unwilling to speak out for judicial reform.

He also noted that the judiciary would have to arbitrate and settle commercial disputes under foreign investment laws.

Such laws, however, would not serve its purpose of attracting foreign investment if the judiciary remained unreformed, Zahir contended.

Zahir advised a bipartisan effort to amend the constitution, noting that the ruling PPM and coalition partner Maldives Development Alliance had a comfortable majority in the People’s Majlis.

“And their supporters also support amending the constitution,” he said, adding that the opposition Maldivian Democratic Party (MDP) would also back such an effort as it has been advocating for judicial reform.

However, Zahir said he did not see efforts to reform the judiciary through parliament.

The purpose of amending the constitution should not be “removing A from the post and appointing B,” he added.

Suo moto

Less than two weeks before the parliamentary polls in March, the Supreme Court charged Elections Commission Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz with contempt of court and dismissed the pair under unprecedented suo moto proceedings.

Subsequent changes to contempt of court regulations made in June authorised courts to penalise individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

At yesterday’s trial against the HRCM members, 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.

Meanwhile, in 2012, the United Nations Human Rights Council, of which the Maldives is a member, said it was “deeply concerned about the state of the judiciary in the Maldives.”

“The state has admitted that this body’s independence is seriously compromised.  The Committee has said the judiciary is desperately in need of more serious training, and higher standards of qualification,” a statement read.

The Supreme Court in particular needed “radical readjustment,” the committee said. “As 6 of 7 Supreme Court judges are experts in Sharia law and nothing more, this court in particular is in need of radical readjustment.  This must be done to guarantee just trials, and fair judgments for the people of Maldives.”

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Hawaiian company acquires resort in Maldives

Hawaii-based Outrigger Enterprises Group has acquired the Konotta Island Resort in the Maldives from Crystal Lagoon Pvt Ltd, reports Travel Weekly.

The resort is due to reopen next July as the Outrigger Konotta Maldives Resort.

“The private island resort, reachable via a one-hour flight from the Maldives’ capital of Male and a 20-minute speedboat ride, will have 27 beachfront villas as well as 21 overwater pool villas. Outrigger plans to add five villas,” reported Travel Weekly.
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Velezinee barred from Supreme Court trial

Former Judicial Service Commission (JSC) member Aishath Velezinee was barred from yesterday’s trial at the Supreme Court against members of the Human Rights Commission of Maldives (HRCM).

Although Velezinee registered at the reception to observe proceedings, she was later told by a court officer that she could be let into the court room for “security reasons”.

Other members of the public as well as journalists were allowed to enter after registering.

Velezinee subsequently wrote a letter to Chief Justice Ahmed Faiz Hussain in protest of the discriminatory treatment. Noting that she was even given a pass after registering, Velezinee asked for an explanation from the court for depriving her of a constitutional right to observe proceedings.

In 2010, Velezinee turned whistleblower and alleged the JSC was complicit in protecting judges appointed under the Gayoom’s government, and was colluding with parliament to ensure legal impunity for senior opposition supporters. In January 2011 she was stabbed twice in the back in broad daylight.

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Allegations of ties between police and terrorist groups harm national interest, says police commissioner

Allegations of links between Maldivian security services and foreign terrorist organisation are false and intended to bring disrepute to the police and military, insists Commissioner of Police (CP) Hussain Waheed.

“The commissioner of police said no one who wishes well or wants a good future for the country would speak ill of the public and talk either in the Maldives or abroad in a manner that could render the country’s sound institutions powerless,” reads a news item published on the police website yesterday.

The CP argued such claims would not bring any benefit to the country, but instead harm national interest, adversely affect the economy, and incite unrest and strife among the public.

Allegations that damage national interest and threaten national security would be investigated, Waheed warned, and “necessary action would be taken.”

Waheed’s remarks follow former President Mohamed Nasheed claiming that the vast majority of Maldivians fighting in Syria and Iraq were ex-military.

In an interview with The Independent newspaper in the UK last month, the opposition leader warned that radical Islam was growing stronger in the Maldives.

“Their strength in the military and in the police is very significant. They have people in strategic positions within both,” he alleged.

Waheed meanwhile noted that police and army officers had sworn an oath to protect Maldivian sovereignty and ensure the safety and security of citizens.

“Therefore, neither the police institution nor the defence forces would do anything that could threaten national interest and cause harm to the people,” police said, adding that such allegations against the security services was “unacceptable”.

Following the opposition Maldivian Democratic Party’s claim in May that extremist ideologies were prevalent in the security services, the defence ministry dismissed the allegations as both “baseless and untrue” and intended to “discredit and disparage” the military.

The Maldives Police Service (MPS) meanwhile issued a press release on September 18 condemning Nasheed’s allegations in the Independent.

While police estimated that about 24 persons with links to militant jihadist organisations might be active in the Maldives, MPS insisted that none of them were police officers.

“And the police leadership has always been working to ensure that such people are not formed within the police,” the statement read.

As such allegations from a former president could incite fear among the public and damage the economy, police urged all parties to refrain from making false statements “to gain the public’s support, achieve political purposes, or win approval from foreign nations”.

“Islamist threat”

In his interview, Nasheed blamed an influx of Saudi Arabian funds for the conservative turn of Maldivian society in recent years and suggested that President Abdulla Yameen might tacitly encourage radicalism.

“President Yameen feels he can deal with the Islamist threat later but first he wants to consolidate power,” Nasheed explained.

“He has the Islamists with him and he can’t do away with them. He would deny that but I don’t see the government taking any measures against the Isis flag being displayed on the street and all the indoctrination going on. They have allowed the military to grow beards.”

“They are very short-sighted. Their thinking is that Islam has a lot of support and you can whip up more [political] support with religion.”

Nasheed warned that the government’s position was untenable.

“If you look at how at how Mosul fell – the top brass ran away because Isis had already infiltrated the rank and file,” Nasheed said.

“I have a feeling that our police and military are already taken. Eventually the Islamists will create havoc in the Maldives. I have no doubt about it.”

Last week, Nasheed suggested that radicalised gangs were behind the recent “atrocities” in the capital, noting that extremist religious indoctrination of youth was a relatively recent phenomenon in the Maldives.

The opposition leader claimed that many young men from criminal gangs were seen in a protest march held in Malé on September 5 with participants bearing the militant organisation Islamic State (IS) flag and calling for the implementation of Islamic Sharia.

Of the approximately 150 participants, Nasheed claimed most were “active in gangs.”

“So youth in gangs are turning to ISIS [Islamic State of Iraq and Syria] ideology. That activities of ISIS are happening in the Maldives is becoming very clear to us. And while this is happening, the government is unable to stop gang activities,” he said.

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Maldivian seaman dies near Brazil

A Maldivian sea man died due to a heart attack yesterday (September 29) near Brazil.

Local media identified the man as Ibrahim Ali from Narugasvilla, from Thaa Atoll Kinbidhoo Island.

The man had been working on a ship called MV Dona Maria, travelling from Vitoria, Brazil. The ship is now destined to dock at Salvador to disembark the body of the man.

Speaking to Haveeru, Manager of Senco Maldives Mohamed Faiz Rashad said that the man was working on the deck when the heart attack occurred. The company arranges work for Maldivian sea farers.

The Maldives has signed the Maritime Labor Convention in celebration of the World Maritime Day with aims of more employment opportunities for Maldivian Seafarers and better working conditions.

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Supreme Court slams HRCM for basing rights assessment on “rejected” UN rapporteur findings

The Supreme Court today slammed the Human Rights Commission of Maldives (HRCM) for basing its criticism of the judiciary in an assessment to the UN on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul.

The Supreme Court has charged HRCM with undermining the constitution and sovereignty of the Maldives by spreading lies about the judiciary in its Universal Periodic Review (UPR) submission to the UN Human Rights Council.

The judges today denounced the HRCM’s statements on the judiciary as “dangerous,” “irresponsible” and poorly researched.

The HRCM denied all charges, saying the commission’s observation – that the Supreme Court controlled and influenced the judiciary to the detriment of lower courts – was based on a report by Knaul, as well as reports by International Commission of Jurists and local NGO Transparency Maldives.

In response, Chief Justice Ahmed Faiz said the judiciary had rejected Knaul’s report as invalid and reprimanded the HRCM for its alleged failure to fact-check the findings of reports by other institutions.

Faiz also reprimanded the HRCM for failure to ask the Supreme Court’s opinion on reports which were critical of the judiciary.

The Maldives government, in June 2013, said Knaul’s report undermined the country’s sovereignty. The report outlined political, budgetary, and societal challenges facing the judiciary and wider legal community, as well as the politicisation of the judicial watchdog body and the failure to appoint qualified judges as per the Constitution.

Faiz repeatedly asked the commission today if its own report was based on opinion or fact. HRCM President Mariyam Azra replied that the report consisted of the commission’s informed observations.

Today’s trial is only the second suo moto case in the country’s history. Suo moto regulations allow the Supreme Court to initiate proceedings, prosecute and pass judgment. The first – in March this year – saw the Supreme Court sack the Election Commission’s President and Vice President for contempt of court.

The hearing ended after the HRCM said it had no further statements in its defense. A date for the next hearing has not been set.

The full seven member Supreme Court bench is overseeing the case.

Defense

The UPR studies the human rights records of all 193 UN member states, aiming to prompt, support, and expand the protection of human rights. After having been reviewed first in 2010, the Maldives will again undergo inspection in 2015.

The HRCM’s 2010 UPR submission had no mention of the judiciary, noted HRCM’s lawyer Maumoon Hameed. He said that the commission was obliged to monitor access to justice in the country in its 2015 submission as the Maldives government had admitted in 2010 that the sector required reform.

The Supreme Court had taken issue with the following statement: “Judicial system is controlled and influenced by the Supreme Court, weakening judicial powers vested in other superior courts and lower courts.”

Hameed said the statement referred to the Supreme Court’s practice of taking over cases from the lower courts before completion of trial.

The HRCM repeatedly said it had exercised its constitutional mandate, and said the commission was obliged to adhere to and refer to international human rights standards in its reports.

Although the report was shared with the Department of Judicial Administration, and the Attorney General’s Office prior to its submission, the two offices had not made any comments on the access to justice section, the commission said.

The HRCM has defended and advocated for the independence of the judiciary, noted Hameed, especially during the military detention of Criminal Court Judge Abdulla Mohamed in 2012 and President Mohamed Nasheed’s decision to lock up the Supreme Court in 2010.

He also contended that the HRCM had continuously advocated for protection of judges and their families.

However, the HRCM’s defense appeared to unravel after a barrage of questions from the bench, with Hameed later suggesting the HRCM did not intend to demonstrate the Supreme Court was “negatively influencing” the lower  courts.

He also suggested a limit of 2000 words in the UPR submission required the commission to make generalised statements.

Information

The UPR report also said the HRCM faced difficulties in gathering information related to the judiciary due to lack of cooperation.

Chief Justice Faiz rejected this claim, saying that the Supreme Court – through the DJA – had complied with all requests for information for the UPR.

HRCM President Mariyam Azra said, however, that the commission had faced difficulties in cooperation for a project on court monitoring and on reviewing a court verdict.

In reply, Faiz said the HRCM could only monitor court proceedings on the explicit permission of a presiding judge before stating firmly that the HRCM does not have the mandate to review any court verdict.

Judge Abdulla Saeed repeatedly said the Supreme Court as custodian of the Constitution would not violate the law and would follow due procedures.

He also said the HRCM had implied judges were acting against behavioral norms in enforcing hadd offenses, such as for fornication for children aged fifteen and above. Saeed said it was not the judges, but Islamic Sharia and the Maldivian laws, that had set the punishment.

Human Rights Council

The United Nations Human Rights Council, of which the Maldives is a member, in 2012 said it was “deeply concerned about the state of the judiciary in the Maldives.”

“The state has admitted that this body’s independence is seriously compromised.  The Committee has said the judiciary is desperately in need of more serious training, and higher standards of qualification,” a statement read.

The Supreme Court in particular needed “radical readjustment,” the committee said. “As 6 of 7 Supreme Court judges are experts in Sharia law and nothing more, this court in particular is in need of radical readjustment.  This must be done to guarantee just trials, and fair judgments for the people of Maldives.”

The 2006 Human Right Commission Act lists the promotion and protection of human rights in accordance with international conventions along with the assistance and support of relevant NGOs as basic objectives of the commission.

Additionally, Article 27 of the HRCM Act grant members immunity from prosecution in relation to acts carried out as part of the commission’s duties.

Article 27 (b) meanwhile says that a case can only be filed against the commission regarding published reports following an inquiry which proves components of the report to have been false.

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Maldives’ human rights developments “disturbing”, says Canadian foreign minister

Canadian Foreign Affairs Minister John Baird has described recent developments in the Maldives as “disturbing”, expressing concern over the current human rights situation.

“The likely kidnapping of a leading local journalist and threats and attacks against other journalists, politicians and activists are particularly disturbing,” read a statement from the Foreign Affairs Ministry.

Baird subsequently labelled the legal action against the Human Rights Commission of Maldives – initiated in relation to a report submitted to the UN Human Rights Council – as “unfortunate”.

He described the Supreme Court’s suo moto case – which continues today (September 30) – as “a decision that will not help to restore its credibility. Free speech must be protected, not trampled.”

Recent attacks on the office of Minivan News, the office of the opposition Maldivian Democratic Party (MDP), and the homes of MDP MPs have prompted international condemnation.

The Maldives Ministry of Foreign Affairs was joined by the United States and Reporters Without Borders in condemning the night of lawlessness in the capital Malé following the Minivan News incident.

Foreign Minister Dunya Maumoon “noted that the government remains strongly committed to create an environment that gives protection to media personnel to exercise their duties freely and responsibly.”

The UK Foreign and Commonwealth Office was the first foreign government to officially register such concerns earlier this month in relation to a growing culture of death threats and the disappearance of Minivan News journalist Ahmed Rilwan on August 8.

Baird has been notable for his strong statements regarding the Maldives in recent years, often resulting in criticism from the government.

A statement from the Canadian minister in 2012 regarding the alleged persecution of opposition MPs was described as “misleading” and “one-sided” by government officials.

Similarly, last year President Dr Mohamed Waheed wrote a letter of complaint to Canadian Prime Minister Stephen Harper, accusing Baird of making “inappropriate and derogatory remarks” towards then acting Foreign Minister Dr Mariyam Shakeela during a Commonwealth Ministerial Action Group meeting.

Concerned by extremism

“Canada is concerned by disturbing reports of increasing Islamic extremism and deterioration in the promotion and protection of human rights in the Maldives,” continued Baird’s statement yesterday (September 29).

“The government and judiciary must demonstrate a clearer commitment to dealing with these issues, including indications of domestic support for the so-called Islamic State of Iraq and the Levant (ISIL),” said Baird.

A number of Maldivians are reported to have been killed this year while waging Jihad in the Syrian civil war, while local groups marched through the capital this month waving the the ISIS/ISIL flag.

‘To hell with democracy’, ‘Democracy is a failed system’, ‘Shariah gave you the rights, not democracy”, ‘Shariah is the only solution’, read the placards of the 150 demonstrators.

Government leaders have spoken out against atrocities committed by ISIS forces in the Middle East as well as discouraging Maldivians from participating in foreign conflicts.

“IS is using the veil of religion as a pretext for inflicting terror, and committing violations of human rights,” said Dunya in August.

“Their philosophy blatantly violates the fundamental principles of peace, tolerance, and unity which are advocated by Islam, and their actions have tarnished the world’s perception of our great religion. A religion of peace and tolerance.”

Both former President Mohamed Nasheed and an independent report commissioned by the Maldivian Democracy Network have suggested radicalised gangs were likely to have been involved in the disappearance of Rilwan 53 days ago.

After Nasheed’s comments at an MDP rally last week, MP Eva Abdulla received a threat suggesting the next MDP event would be attacked by a suicide bomber. Threats sent to journalists last week warned against reporting on the continuing spate of attacks.

“This is a war between the laadheenee [secular or irreligious] MDP mob and religious people. We advise the media not to come in the middle of this. We won’t hesitate to kill you,” read one widely circulated SMS.

Nasheed has argued that the Maldives now represents a fertile recruiting ground for international jihadi movements, suggesting that the government’s inaction posed a serious danger to the security of the country.

Attempts to shut down congregations considered to be conducting unauthorised sermons, labelled “extremist” by the Islamic minister, have proved unsuccessful in recent months.

A Facebook page called Islamic State in Maldives promoting IS in the country was discovered last month, which shared photos of protests calling for a ban on Israeli tourists where protesters carried the IS flag.

Moreover, a new site called Haqqu and Twitter account sprang up recently featuring IS-related news and publications in Dhivehi as well as translations of a sermon by self-proclaimed Caliph Abu Bakr al-Baghdadi.

Rilwan was one of the first journalists in the Maldives to write in depth about Maldivian jihadis, receiving intimidation from online groups as a result of his research.

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