Author: Ahmed Naish

Feydhoo case accepted as High Court considers 13 election-related complaints

A panel of High Court judges have overruled a decision by the court’s registrar to reject a case filed by a losing candidate seeking annulment of the results for the Feydhoo constituency in the March 22 parliamentary polls.

The registrar’s decision regarding the Feydhoo constituency was overturned after the claimant – opposition Maldivian Democratic Party (MDP) candidate Mohamed Nihad – appealed the decision.

Of the 16 election-related complaints submitted to the High Court before the deadline last Friday (April 11), the court has rejected three cases and commenced proceedings on 12 others.

Following the decision to accept Nihad’s complaint, a first hearing of the Feydhoo constituency case has been scheduled for 2:15pm tomorrow (April 17).

Electoral laws stipulate that the High Court must conclude election-related cases within 30 days of the announcement of the official results, which was made on March 28.

In addition to complaints submitted by its candidates, the main opposition party has challenged the results in three constituencies.

Tagged ballot papers

Briefing members of the MDP’s national council yesterday, former Human Resources Minister Hassan Latheef – a member of the party’s legal committee – explained that that the party filed cases concerning the Villigili, Isdhoo, and Gemanafushi constituencies.

As both the constitution and electoral laws stipulate that voting must be conducted through secret ballot, Latheef said the Elections Commission (EC) was responsible for ensuring secrecy of the ballot.

Based on precedents established by the High Court and Supreme Court, Latheef explained that the MDP has asked the High Court to declare that ballot papers tagged with a symbol or mark would be invalid.

In the Gaaf Alif Villigili constituency election, Latheef said that about 300 ballot papers were tagged, all of which were counted as valid votes for the Progressive Party of Maldives’ (PPM) candidate.

Similarly, in the Laamu Isdhoo constituency, Latheef said the number of tagged ballot papers was more than 150 while there were more than 100 tagged ballot papers in the Gemanafushi constituency.

Latheef noted that in all three constituencies, the margin between MDP and PPM candidates was smaller than the number of tagged ballot papers identified by observers.

The party has submitted witnesses in all three cases, he said.

Under a precedent established by a Supreme Court ruling, Latheef said that if the number of ballots whose secrecy was compromised exceeds the margin of victory, the poll would not be valid.

As compromising the secrecy of the ballot in any election was illegal, Latheef contended that tagged ballot papers should be considered invalid votes.

Hearings have nearly concluded in all three cases, Latheef continued, and judges have said that verdicts would be delivered at the next trial date if they decide not to summon witnesses.

Transparency

Following Latheef’s briefing and presentation of the legal committee’s report on the election-related cases, former President Mohamed Nasheed – who was chairing yesterday’s national council meeting following his appointment as the party’s acting president – said that the party’s secretariat requested information of suspected wrongdoing from all election observers.

Detailed information was sent to the party office by MDP observers in the three constituencies where the party has challenged the results, he noted.

“Our biggest aim is to ensure that votes taken in the Maldives in the future are valid, transparent, and trustworthy,” Nasheed said.

Earlier this month, the MDP issued a press release accusing government-aligned parties of unduly influencing the March 22 polls through coercion and intimidation in addition to vote buying.

Some voters were asked to tag their ballot papers with a special mark or symbol for PPM observers and candidate representatives to identify their votes, the party alleged.

Voters were threatened with dismissal from their government jobs if they did not follow the instructions and proved they voted for the coalition candidate, the press release stated.

In the wake of the Majlis elections, NGO Transparency Maldives stated that while the polls were well-administered and transparent, “wider issues of money politics threatens to hijack the democratic process”.

The religious conservative Adhaalath Party also blamed its poor showing on bribery and coercion – accusing both sides of such practices.

“We saw it both from the ruling party and opposition Maldivian Democratic Party but we really did not want to buy votes –  instead we tried to change the way people think,’’ Adhaalath Party Spokesperson Ali Zahir told Minivan News.

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DhiFM Plus airs upside down photo of broadcasting commission chair

Private broadcaster DhiTV and sister network DhiFM Plus have responded to threats of action by the Broadcasting Commission regarding violations of the broadcasting code of practice by displaying an upside down photo of the commission’s chair, Mohamed Shaheeb.

The commission issued a stern warning yesterday of possible action against the broadcaster for repeatedly displaying upside down photos of Elections Commission (EC) members in late February.

As the commission had previously decided that the move contravened the broadcasting code of practice, the broadcasting regulator said in a statement yesterday that its members unanimously decided to issue a warning to Broadcasting Maldives Pvt Ltd – the company that operates DhiTV – under article 44(a)(2) of the Broadcasting Commission Act.

The upside down photo of Shaheeb on DhiFM’s visual radio channel – also aired on DhiTV during its downtime – is accompanied by a news ticker that reads, ‘Experts say that making such a harsh announcement while [we] have been apologising in compliance with the Broadcasting Commission’s instructions is a step backwards for democracy’.

Last month, the commission asked DhiFM Plus to publicly apologise for broadcasting an upside down photo of former EC Chair Fuwad Thowfeek.

The commission noted at the time that the station had previously been advised that the upside-down content was in violation of the code of practice, instructing the private broadcaster to issue a statement of apology to be aired between 8:00pm and 10:00pm before March 26.

The station had been asked in February to cease broadcasting upside down photos pending the conclusion of an investigation by the commission.

Similar advice was given to the broadcaster in November last year after upside down photos of three EC members were shown with a caption alleging electoral fraud in the annulled September 7 presidential election.

In March, the Supreme Court stripped Thowfeek and EC Deputy Chair Ahmed Fayaz of their membership over charges of contempt of court, prompting DhiTV and DhiFM to resume airing their upside down photos.

Following the incident, the broadcasting commission sent a circular to all broadcasters noting that it had received complaints and appealed against the disrespectful use of photos.

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MDP national council resolves to organise Labour Day demonstration

The opposition Maldivian Democratic Party’s (MDP) national council adopted a resolution today to organise a demonstration to mark Labour Day (May 1) and call for the protection of worker’s rights.

The resolution (Dhivehi) submitted by the party’s Youth Wing Leader Aminath Shauna states that the MDP should organise a public gathering to call for the introduction of a minimum wage as well as for the Maldives to sign the International Labour Organisation’s (ILO) Convention on Occupational Safety and Health.

The resolution noted that the MDP has been observing Labour Day since 2006 and that the Maldives became an ILO member state during the party’s three years in office.

Moreover, it added, Labour Day or May Day was made a public holiday and a Labour Tribunal to resolve employment disputes was established in December 2008.

Prior to the ousting of the MDP government on February 7, 2012, the resolution stated that a decision was made to introduce a minimum wage and a board was formed to monitor the policy shift.

However, “dictatorial habits” were returning with the current the administration allegedly violating the rights of workers and intimidating government employees, the resolution stated.

The resolution was passed unanimously by the 37 members in attendance. Today’s meeting of the national council was chaired by former President Mohamed Nasheed, who was appointed acting president at the last meeting on April 1.

During the debate on the proposal for marking Labour Day with a gathering, national council members expressed concern with the government allegedly discriminating against and intimidating MDP members working in the government.

Members elected to various posts of the party were unable to participate in MDP activities out of fear of losing their jobs, national council members said.

MP Rozaina Adam observed that the Maldives was the only country that provides social security benefits that were higher than some wages for full-time jobs.

Noting that janitors at schools were paid MVR2,500 or MVR3,000 a month, Rozaina contended that a minimum wage would discourage hiring migrant workers as more Maldivians would be willing to take jobs currently occupied by foreign labourers.

The introduction of a minimum wage would consequently bring down unemployment, she suggested.

MP Ibrahim Rasheed meanwhile referred to the death of two port workers earlier this month when a crane’s wire snapped while unloading a container.

Rasheed accused the government of negligence in the ports incident and contended that Maldivian workers across the country were treated as “slaves”.

The outgoing MP for Maafanu South urged the party to follow through on issues of concern after holding demonstrations.

Concluding today’s meeting, Nasheed announced that the national council will meet once a month.

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Government coalition remains strong, insists President Yameen

The ruling Progressive Coalition remains strong and united despite minor problems in the coalition’s “internal dynamics”, President Abdulla Yameen told the press yesterday prior to departing on his official visit to Japan.

Asked about rumblings of discontent from coalition partners, President Yameen suggested that the main issue of contention was appointing members of coalition parties to political posts, which posed difficulties to the government.

“One thing is that I don’t want the government to be one with that many political posts. I wanted to keep political posts within some limit,” he said.

Yameen explained that he had decided that political appointees should not exceed the number of appointees under the previous administration of President Dr Mohamed Waheed.

“However, the written agreement of our coalition had higher figures than before,” he conceded.

President Waheed’s administration comprised of the same parties in the current ruling coalition.

Members of coalition parties as well as the Adhaalath Party worked hard in the presidential campaign to secure the coalition’s victory, Yameen continued, and were “awaiting some kind of post” in the government.

A second issue was the preference for appointing educated youth to political posts with a first degree as a minimum requirement, Yameen said.

Parties sought to secure appointments for its members to the boards of government-owned corporations, though Yameen said the executive’s hands were tied by the new privatisation law.

The president’s nominees are evaluated by the privatisation committee and individuals who do not meet the criteria are rejected, he added.

Similarly, nominees for diplomatic posts such as high commissioners and ambassadors must have a background in foreign affairs, Yameen said.

Tension within the coalition was caused by the difficulties in appointing members of coalition parties to their desired posts, said Yameen, though he insisted that there were no problems at the leadership level.

While the problems related to appointments could persist, Yameen said he did not believe it could “affect the coalition too much”.

The number of political appointees in the executive presently exceeds 100, with four deputy ministers on average for each ministry.

The president’s remarks came after Jumhooree Party (JP) Leader Gasim Ibrahim revealed at a rally on Saturday night that JP members have been appointed to only 29 political posts so far.

JP was promised 35 percent of all political appointees in the coalition agreement, Gasim noted.

“For example, if the government is making 400 political appointments, 29 is not 35 percent of that amount. [If it is 35 percent] there would be more. But if 29 appointments is 35 percent [of political appointments] then we are content,” the business tycoon said.

“But if we consider this figure, it should definitely reach 100. If this is not the case [we have to] look in to this.”

Friction

The JP was meanwhile absent from the celebration rally held earlier this month by the ruling Progressive Party of Maldives (PPM) and coalition partner Maldives Development Alliance.

Several unsuccessful JP candidates have contended that they lost due to PPM members contesting as independents in constituencies reserved for the JP in the coalition seat allocation deal.

Explaining JP’s absence at the celebration rally, Gasim said that the event was organised by the PPM rather than the coalition.

Gasim claimed JP leaders were not given the opportunity to speak at the rally – “not even to give words of thanks”.

He further accused the PPM leadership of refusing to grant the JP’s request to alter the agenda to allow JP members to address coalition supporters.

Following the coalition’s victory in the March 22 parliamentary polls, the PPM and JP announced that the coalition partners would be fielding separate candidates to become the next speaker of parliament.

The speaker will be elected through secret ballot following the swearing-in ceremony for MPs-elect scheduled for May 28.

On the dispute over the speaker’s post, President Yameen told reporters yesterday that discussions on the issue have not taken place yet.

Yameen stressed the importance of parliament’s cooperation for the executive to implement policies, deliver services and fulfil campaign pledges, noting that parliamentary approval was needed for obtaining loans.

No one should be allowed to either obstruct the government from providing services to the public or “slow down” the legislative process, he added.

“So for that reason I want the speaker of parliament post for my party. I know Gasim is also interested. God willing, we will discuss it further with Gasim within the coalition,” he said.

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Amendments to religious unity law brings mosques under Islamic Ministry, outlaws independent congregations

A first amendment to the Protection of Religious Unity Act of 1994 bringing mosques under the Ministry of Islamic Affairs and outlawing independent prayer congregations was ratified by President Abdulla Yameen yesterday.

The amendments (Dhivehi) – passed with 33 votes in favour and 10 abstentions at the sitting of parliament on March 31 –  brings all mosques and prayer houses in inhabited islands back under the purview of the Islamic Ministry.

Responsibility for the maintenance and management of mosques was transferred from the Islamic Ministry to local councils by the landmark Decentralisation Act of 2010.

In April 2012, Islamic Minister Dr Mohamed Shaheem Ali Saeed called for mosques to be returned to the ministry’s care following the refusal of some island councils to allow scholars to preach in mosques, most recently in the island of Innamaadhoo in Raa atoll.

The Innamadhoo island council filed a complaint with the Islamic Ministry last month against Sheikh Ibrahim Shameem Adam after the NGO Salaf preacher allegedly delivered a sermon in the island’s mosque without permission from the council.

Shameem was also prevented from delivering a sermon by the Omadhoo island council in December last year on the grounds that it might “disrupt the stability and social harmony of the island”.

In May 2013, Sheikh Imran Abdulla and Sheikh Ilyas Hussein – senior members of the religious conservative Adhaalath Party – were obstructed from preaching in Vaikaradhoo, in Haa Dhaalu atoll, whilst the Kamadhoo island council in Baa atoll prevented Sheikh Nasrulla Ali from preaching in the island’s mosque.

In Vaikaradhoo, the Adhaalath sheikhs were provided police protection in the face of unruly opposition protesters.

“Broadening the role of mosques” was among the eleven key policy objectives unveiled by the Islamic ministry in February.

Other provisions

The amendments ratified today also prohibit “sowing religious discord” in the community and outlaws independent or unauthorised prayer congregations.

Friday prayers must be conducted in mosques designated by the Islamic ministry while the Friday sermon must be delivered at a time determined by the ministry.

Religious sermons delivered at mosques must meanwhile adhere to rules set by the government.

In February this year, the Malé City Council shut down the Dharumavantha mosque at the request of the Islamic Ministry to stop unauthorised Friday prayers by a group described as “extremist” by Islamic Minister Shaheem.

Among other offences specified in the amendments were the construction of places of worship for other religions, the sale, possession, or advertisement of expressions or slogans of other religions and the importation, display, advertisement and sale of books of other religions.

Moreover, seeking financial assistance from foreigners to propagate other religions is prohibited while permission must be sought in writing from the Islamic Ministry before accepting a salary, funds, or a gift from a foreign party for conducting religious activities in the country.

Similar provisions were included in the religious unity regulations enforced in September 2011 to crack down on extremist and unlicensed preaching of Islam in the country.

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

The new amendments also stipulate that permission must be sought in writing from the Islamic Ministry for preaching or delivering sermons, offering religious advice or publishing books concerning religion.

Other amendments brought to the religious unity law include a provision requiring Islam to be taught as a compulsory subject in all public and private schools from grade one to 12.

Additionally, the Education Ministry and other relevant state institutions must revise the Islamic curriculum to “instil love of religion among students” and discourage involvement in sectarian disputes.

Islam teachers will also be required to possess qualifications from Islamic universities or centres accepted by the Maldives Qualification Authority while expatriate teachers must belong to the Sunni sect.

In February, the government introduced Arabic language as an optional subject for grades one through 12.

The new amendments will come into force three months after ratification.

The amendment bill was submitted in June 2010 by the late Dr Afrasheem Ali, a moderate religious scholar and Progressive Party of Maldives MP who was was brutally murdered in October 2012.

The legislation was first put to a vote in October 2012 following review by parliament’s social affairs committee. The bill was however rejected and returned to committee after only 16 MPs out of 66 in attendance voted in favour.

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Bill proposed to raise disability benefits to MVR5,000 a month

MP Ibrahim Muttalib has submitted an amendment to the Disabilities Act to raise the monthly allowance provided to persons with special needs from MVR2,000 (US$150) to MVR5,000 (US$324).

The MP for Fares-Maathoda – who failed to win re-election in last month’s polls – stated in the draft legislation (Dhivehi) that its purpose was to provide financial assistance to families with persons with special needs to seek medical treatment overseas.

While treatment for disabled persons was covered in the government’s ‘Aasandha’ health insurance scheme, Muttalib stated that securing Aasandha in hospitals abroad was difficult for families.

The first reading of the bill took place at today’s sitting of parliament, after which the amendments will be tabled for a preliminary debate.

The Disabilities Act (Dhivehi) was passed in July 2010 to provide financial assistance and protect the rights of persons with special needs whilst a national registry was compiled in 2011 with more than 4,000 active members.

Citing a 2010 report by the Human Rights Commission of Maldives and the UNDP, the US State Department’s 2013 Human Rights Report on the Maldives noted that “most schools accepted only children with very limited to moderate disabilities and not those with more serious disabilities.”

“Children with disabilities had virtually no access or transition to secondary-level education. Only three psychiatrists, two of them foreign, worked in the country, and they primarily worked on drug rehabilitation. No mental health care was available in Male. There also was a lack of quality residential care,” the report stated.

State benefits

Meanwhile, in March, the government raised the old age pensions from MVR2,300 to MVR5,000 a month to fulfil a campaign pledge by President Abdulla Yameen and the ruling Progressive Party of Maldives.

While the government insists that enough funds to provide the increased benefits could be generated by investing in pension funds and financial instruments, critics have argued that, with a MVR1.3 billion (US$84.3 million) deficit budget, the move will plunge the country further into debt.

“These are loans, and taking loans is acceptable to invest in to increasing productivity. But this is not such an investment, this is something the government is spending. Eventually people will have to bear the burden of this,” former Economic Development Minister Mahmud Razee told Minivan News last month.

A World Bank report at the end of 2013 urged the government to reduce spending in order reduce the “unsustainable” public debt which currently stands at 81 percent of GDP, and could rise to 96 percent by 2015.

“Maldives is spending beyond its means and financing the budget risks affecting the real economy,” the report said.

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PG office presses corruption charges against Supreme Court Justice Ali Hameed

The Prosecutor General’s (PG) office has pressed corruption charges against Supreme Court Justice Ali Hameed Mohamed over the illegal transfer of credit from his state-funded mobile phone in 2010.

A media official from the Criminal Court told Minivan News today that the court has yet to make a decision on hearing the case.

Cases filed by the PG office are scrutinised in the order of submission “to make sure all the paperwork is complete and that there are no missing documents,” he explained.

The process normally takes “two to three days,” the media official said.

The case against Justice Hameed – accused of abuse of authority to benefit a third party – was sent to the PG office in July 2013 by the Anti-Corruption Commission (ACC) after investigating allegations in the 2010 audit report of the Department of Judicial Administration.

Auditors found that a Supreme Court Justice transferred MVR2,223 (US$144) from his state-funded mobile phone on different occasions during 2010.

According to the audit report, the interim Supreme Court bench on October 23, 2008 decided to provide for each justice “a post-paid line, a phone and to pay the phone bill without a set limit out of the court’s budget”.

“From October 2008 to December 2011, a total of MVR281,519.71 (US$18,256) was spent on phone bills,” the report stated.

Charge sheet

The Bar Association of Maldives last week called for the suspension of Justice Hameed pending an investigation into his alleged appearance in a series of sex tapes that emerged online last year.

After the sex tapes of Hameed engaging in sexual relations with three prostitutes in a Sri Lankan hotel room surfaced in May 2013, the judicial oversight body, Judicial Services Commission (JSC), set up committees to investigate the case twice – in May and December 2013.

Both subcommittees unanimously recommended the JSC suspend Hameed pending an investigation.

However, in July 2013, the JSC disregarded the recommendation citing lack of evidence, while a JSC decision on the December subcommittee’s recommendation is still pending.

Meanwhile, the 2010 audit also discovered that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

However, the official driver insisted the car was undamaged when he parked and left it the previous night.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.

Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.

The complainant alleged that Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists.

A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).

Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.

The commission contended that a decision by parliament’s finance committee to allow the judges to purchase the flats in Sina-Male’ contravened the Judges Act and the constitution.

The ACC explained that it investigated a complaint alleging three senior judges were occupying state-owned apartments while simultaneously receiving living allowances.

The flats were leased during President Maumoon Abdul Gayoom’s administration by the former Justice Ministry and High Court under terms that would see the now-defunct ministry and High Court gain ownership upon completion of full payment

The three judges had reportedly been paying rent for the flats in the government-owned Sina-Malé apartment blocks when the committee decided to grant them ownership upon completion of full payment.

The ACC found that the Finance Committee’s decision to register the flats to the judges was in violation of article 102 of the constitution and article 38 of the Judges Act as well as section 100(a)(11) of the parliamentary rules of procedure.

Article 39(b) of the Judges Act states that judges in the same court shall be given the same amount as living allowances and prohibits “different kinds of living allowance or benefits for different judges.”

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101 offenders complete Drug Court’s rehabilitation programme

Some 101 drug offenders have completed the Drug Court’s rehabilitation programme as of last week, the court has revealed.

These include 36 cases submitted by the National Drug Agency (NDA) of individuals serving jail sentences for criminal convictions prior to the enactment of the new Drugs Act, and 48 cases transferred from the Criminal Court, the Drugs Court explained in a statement on Thursday (April 10).

In addition, 17 cases were submitted by the Prosecutor General’s Office.

While 101 offenders successfully completed the court-mandated rehabilitation programme, the court noted that 37 individuals were ejected from the programme for various reasons and transferred to the custody of the Maldives Correctional Services to serve their jail sentences.

Drug offenders brought before the court are handed jail sentences that are then suspended subject to completion of the rehabilitation programme.

Since it began hearing cases in August 2012, the Drug Court has ordered 524 individuals to undergo rehabilitation.

Speaking at a ceremony held earlier this month to commemorate the second anniversary of the court, Acting Chief Judge Mahaz Ali expressed concern with the rehabilitation facilities available in the Maldives.

The NDA informed the Drug Court in April last year that all rehabilitation centres in the country were at full capacity, Mahaz revealed.

The main community centre in Malé was at full capacity at the start of this month, he noted, and could not accept more patients.

On April 1, a 24-year-old man was found dead in a residence in the capital Malé less than 24 hours after his release from the Himmafushi rehabilitation centre.

Police have since confirmed to Minivan News that the recovering addict – Mohamed Rashad from Haa Dhaal Kulhudhufushi – died of a heroin overdose.

A “high concentration of opium and benzodiazepine” was found in the urine of the deceased, police said.

According to Rashad’s family, he was released from the rehabilitation centre the day before his death.

“Mohamed was released yesterday, and he was staying with a friend at Annaarumaage until the community centre could make arrangements,” Rashad’s uncle was quoted as saying by Sun Online.

“His friend was there when I went to the house, who told me that Mohamed was still sleeping when he woke up. When we went and checked, he was dead.”

NDA CEO Ahmed Muneer explained to the online news outlet that patients undergoing community treatment upon release from rehab were required to attend several classes.

Recovering addicts were required to stay in Malé until the process could be completed, Muneer said.

Policy shift

The Drug Court was formed under the new Drugs Act passed by parliament in December 2011 as part of a policy shift away from taking a punitive approach against small-scale drug offences.

Cases of drug users or pedlars caught with less than three grams of illicit narcotics were to be handled by the specialised court.

In May 2012, former State Minister for Health Lubna Zahir Hussain explained to Minivan News that the new court would address concerns over a “lack of awareness” amongst some Criminal Court Judges over the use of forensic evidence.

“Under previous legislation, the role of forensics was not taken into account during a trial. Even in cases where a [suspect’s] urine test was shown to be positive for illegal drugs, if they continued to deny they were a drug user, courts in the past have taken the decision not to prosecute,” she said.

“Criminal court judges have not been fully aware of forensic evidence. The Drug Court however will have five judges well trained to deal with these types of cases.”

A report released in late 2011 by the United Nations Development Programme (UNDP) asserted that the Maldivian prison population could be reduced by up to two-thirds if the government would “de-criminalise the offence of drug usage and propose mandatory rehabilitation”.

According to author and UNDP Programme Specialist Naaz Aminath, small-time drug users in their early 20s “are not hard-core criminals, but they’re put away for almost their entire lives,” while drug traffickers serve an average sentence of 25 years.

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Home Ministry publishes list of detention centres four days after deadline

The Ministry of Home Affairs has published a list of detention centres four days after a legally-mandated deadline elapsed.

The home minister was required by the the recently passed Anti-torture Act to make public a list of prisons and detention centres where individuals are held in state custody.

The anti-torture law that came into effect on March 22 stipulated that the list must be publicised within 15 days (before April 6).

The document (Dhivehi) released last night (April 10) listed 29 detention centres, including the main prison on Maafushi island, the low-security facility on Himmafushi, the Malé jail, custodial centres in the capital and Dhoonidhoo as well as 18 police stations across the country.

An official from the home ministry told Minivan News yesterday that the delay in publishing the list was due to difficulties obtaining information from other state institutions.

Human Rights Commission of Maldives (HRCM) member Jeehan Mahmoud said it was “disheartening to know that the first violation under this act has been by the state.”

A reminder was sent to the ministry in writing before and after the deadline passed, Jeehan noted.

The HRCM would decide on a course of action following a meeting of the commission’s five members, she added.

Overall responsibility for implementing the new law was entrusted to the HRCM, which was legally empowered to take direct action against offences specified in the legislation.

The Home Ministry was also required to compile a report on the detention centres to be submitted to the HRCM within seven days of publishing the list.

Article 23(g)(3) of the act states that the penalty for failing to submit the report would be imprisonment of between one to three years.

Criminal offences specified in the law are to be investigated by the commission and forwarded to the Prosecutor General’s Office for prosecution.

Jeehan said the commission was monitoring the deadlines and would take action against violations, declining to comment on the possibility of pressing criminal charges against Home Minister Umar Naseer, who is currently overseas.

Opposition Maldivian Democratic Party MP Eva Abdulla – who submitted the bill to parliament – said it was “not surprising that a government controlled by the Gayoom family would be hesitant, even reticent to implement anti-torture legislation.”

Eva stressed that the law should be implemented on schedule in order to address the resurgence of custodial abuse.

“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,” she said.

The HRCM meanwhile noted last month that incidents of torture in detention were on the rise while the UN Human Rights Committee in July 2012 said incidents of torture in the Maldives “appear systematic and systemic” and expressed “grave concern” over the low number of cases that have been investigated.
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