Security forces did not take “sufficient measures” to control Addu City unrest: HRCM

Security forces did not take “sufficient measures” to control the unrest in Addu City on February 8 as damage to private and public property could have been “minimised” if police and army carried out their duties, the Human Rights Commission of the Maldives (HRCM) concluded in its investigative report (Dhivehi) released publicly this week.

On February 8, a brutal police crackdown on supporters of the formerly ruling Maldivian Democratic Party (MDP) sparked riots across the country, with police officers forced off many islands while police stations and courts were burnt down in the southern atolls.

Following reports of police brutality and rumours of the death of a protester in Male’, police stations, police vehicles and the police training academy in Gan, as well as court houses, were set ablaze in Addu City. Addu is an MDP-stronghold and the second most populated area in the Maldives after the capital Male’.

Concluding its report on the events of February 8, the HRCM recommended that the Maldives Police Service (MPS), Police Integrity Commission (PIC) and Maldives National Defence Force (MNDF) should investigate the failure to contain the unrest and take legal action against security service personnel who were deemed negligent or responsible for the inaction.

MPS and PIC should also “immediately investigate” allegations of torture in custody and inhumane treatment of detainees from Addu City and take action against the responsible police officers, the HRCM recommended.

In addition, the commission stated that legal action should be taken against police officers who were negligent in providing medical treatment to detainees as well as against officers who “violated the dignity of private households and infringed upon the rights of residents” during the arrest of suspects from their homes.

Moreover, the HRCM recommended providing “training and information on not committing cruel or inhumane acts during arrests or in all interactions with those detained at various stages of investigations.”

The report concluded that the unrest in Addu City “caused fear among citizens and deprived them of a number of rights” while “irreparable damages” to police stations, property and court buildings posed “serious obstacles to provision of many basic services.”

The commission stated that it received complaints of torture and inhumane treatment of detainees in the wake of the unrest and widespread arson, noting that fundamental rights of those arrested were not protected “in an ideal manner”.

“Signs of torture”

In its concluding observations, the HRCM noted that 17 people were treated for varying degrees of injuries caused during the unrest in Addu City. The injuries included a fractured bone and half-inch deep head wound.

During a visit to a detention center in Addu City, the HRCM team observed “signs of torture” on the bodies of 10 detainees who alleged mistreatment, including bruises and wounds on most of them as well as a two-inch deep gash on the shoulder of one detainee.

The team also observed “signs of a cigarette burn on the soles of the feet of one detainee.”

Five to six detainees were kept in cells with a capacity for two inmates, the HRCM noted. Detainees in Hulhudhoo were kept handcuffed in the police station’s sitting room, the commission found, adding that the cuffs were only removed for trips to the toilet.

The HRCM investigative team in Addu City corroborated allegations by the detainees that police officers covered their bodies in ash. The commission noted that several detainees were not treated for injuries despite being taken to the Hithadhoo Regional Hospital on February 11.

Moreover, the detainees alleged that in addition to using obscene language in front of family members during their arrests, police officers threatened to kill and torture them and damage their houses in retaliation.

Based on its findings, the HRCM concluded that police actions towards detainees in Addu City following the unrest of February 8 were in violation of constitutional protections as well as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

However, the HRCM found that rumours of detainees being abused on coast guard vessels were unfounded as there was no evidence to support the claims.

The commission also took note of serious damage to state assets and property – including court documents – as well as personal belongings of police officers, recommending that the state identify and compensate the officers.

Following investigations of arson by the police, the Prosecutor General’s Office pressed terrorism charges against more than 60 individuals from Addu City, including an MDP MP and a councillor.  However, charges have not been pressed against any police officer to date.

On May 30, the PIC issued a press statement revealing that a case against Staff Sergeant Ali Ahmed was forwarded for prosecution after the commission obtained video footage of the accused officer striking an MDP protester while he was on the ground.  It is unclear if the case been filed at the Criminal Court.

Responding to allegations by the MDP on August 15 that the commission was “deliberately delaying” releasing its findings to the public for “political interests”, the HRCM issued a press release stating that its investigation into human rights violations on February 8 was “not an investigation that was initiated following a case filed to the commission” but rather a “self-initiated investigation”.

The commission also claimed that the report had been sent to the relevant authorities on May 28, and that it had additionally shared “necessary information” with the public during a press conference on July 18.

Violence in Addu City

In a press conference on February 10, former President Mohamed Nasheed claimed that police and military were “ransacking Addu City.”

Nasheed claimed that police were working together with members of former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM), who were “dragging people out from their homes and asking them if they are MDP or PPM. If they say MDP, they are spraying them with pepper, beating them and arresting them.”

Minivan News was contacted by a man, identifying himself as an MDP supporter, who claimed to have been “arrested and beaten” on Hithadhoo in Addu City, at 1:30pm on February 9.

He alleged that he was targeted because the Dhivehi Rayithunge Party (DRP) in Addu sent a list of people who had participated in protests to the police.

He was taken from his house with his family: “They threw my sister like a dog, and said all kinds of very bad words to my parents.”

He was taken to Gan with 33 others where the station had been burned.

“They poured petrol around us and said: ‘We will burn you, we can do anything because no one knows where are you are and no one will come to save you.'”

The military and police members allegedly removed some peoples’ clothes, sprayed them with pepper spray, and made them all “dance like dolls. They were doing it for their own entertainment, smiling and laughing.”

On February 11, Al Jazeera reported allegations of “savage beatings” by the police and custodial abuse in Addu City with footage of injuries exhibited by victims.

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Police crackdown on February 8 “brutal”, “without warning”: HRCM

A police crackdown on a Maldivian Democratic Party (MDP) march across Male’ on February 8 that left dozens of demonstrators injured was “brutal” and “without prior warning,” the Human Rights Commission of Maldives (HRCM) concluded in an investigative report (Dhivehi) made public yesterday.

Based on its findings, the HRCM recommended that the Maldives Police Service (MPS) and Police Integrity Commission (PIC) should investigate the “disproportionate” use of force in violation of police regulations authorising use of less-lethal weapons. Legal action should be taken against the officers responsible for any such offences, the commission concluded.

“This commission notes that the human rights of a number of people were violated as a result of police using disproportionate force in violation of the constitution, the Police Act and regulations, and international conventions the Maldives is signatory to in dispersing a gathering of MDP supporters at the MMA [Maldives Monetary Authority] area on 8 February 2012 ,” the HRCM report concluded.

“The commission believes that those who carried out these acts must bear responsibility.”

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

The HRCM report on the human rights violations that occurred on February 8 was compiled based on interviews with senior MDP leaders who participated in the walk, police commanders, senior military officers, eyewitnesses, victims of police brutality and media personnel as well as photo and video evidence.

An injured protester

While 32 people filed complaints with the commission concerning varying degrees of injuries sustained in the crackdown, 20 people submitted medical documents of their treatment of injuries.

Among the injuries caused by the police baton charge, the HRCM report noted that several people were bruised and battered, one person fractured a bone in his leg, one person was left with a broken arm and six people sustained head wounds.

Two fingers on the left hand of one demonstrator were crushed, the report noted, and the victim had to undergo treatment at the operating theatre.

The former ruling party meanwhile informed HRCM that the march across Male’ was spontaneous and that the party had not planned to stage any protests on the day.

According to the MDP, participants of the walk were sitting down at the MMA area when the police charged without warning and caused serious injuries, noting that most people were attacked from behind.

Senior members of the party told the commission that police were asked to let MDP supporters continue their march along the outer ring road of Boduthakurufaanumagu.

MDP claimed that police refused to transport victims of the alleged brutality to the hospital and that former President Nasheed’s military bodyguards left the area before the baton charge.

“Emotionally charged”

In interviews with senior police officers and commanders in the field on February 8, the HRCM was told that police intelligence had learned that the MDP supporters were planning to “confront” police officers.

Participants of the MDP walk “attempted to cause damage” to the Family and Child Protection Unit building and Galolhu police station, the officers claimed, at which point they determined that the gathering was not peaceful.

Police did not allow the march to continue because participants could have entered the Republic Square or green zone, where gatherings are prohibited under freedom of assembly regulations.

Police further claimed that protesters hit police shields and that armed gangs “under the influence of drugs” were part of the crowd.

While protesters did not cross the police line, the senior officers said that rocks were thrown at the police. About 30 riot police and plain-clothed officers from other departments were in the area at the time, police said.

While police conceded that “a large number of civilians were injured by police officers” on February 8, senior officers interviewed by the HRCM revealed that the riot police were not acting on commands.

The violence occurred “because individual police officers were too emotionally charged at the time,” the senior officers said.

“And when civilians were getting injured by individual police officers, [they said] senior police officers went to the area and attempted to gather all police officers in one place,” the report stated.

The senior police officers further claimed that police were “very psychologically weakened” due to the events of February 7.

Following the crackdown, police admitted that “use of force” forms were not filled out and an “after action review report” was not drafted as was required under normal procedure.

Meanwhile, the Maldives National Defence Force (MNDF) informed HRCM that about 15 soldiers were active in the area during the crackdown, but claimed that military personnel did not witness police brutality.

When the protesters reached the MMA junction, they began striking the MNDF riot shields and throwing water bottles. They were then pushed back about 20 feet, where they sat down, the MNDF explained.

Contrary to the HRCM’s findings, the MNDF claimed that police advised the protesters to disperse and issued warnings before advancing with riot shields.

Military personnel used coloured smoke “to minimize damage and for ease of controlling those gathered,” the MNDF informed the commission.

Concluding observations

Opposition-aligned private broadcaster Raajje TV meanwhile provided video footage to HRCM showing the arrest of MDP MPs ‘Reeko’ Moosa Manik, Mariya Ahmed Didi, Imthiyaz Fahmy and Ibrahim Rasheed.

MDP Chairperson 'Reeko' Moosa Manik

An HRCM team that visited Dhoonidhoo detention centre observed “bruises all over the body” of one of the MPs, while her eyes were bloodied and swollen.

The commission noted in its concluding observations that police officers “acted very harshly” towards the politicians “in ways that could cause physical and psychological harm” even though they showed “no resistance.”

While the Raajje TV cameraman was shooting the arrest of MDP Chairperson Reeko Moosa Manik, HRCM was told that two plain-clothed officers “pushed and shoved” Raajje TV reporters to the Republic Square and severed the camera cable, ending the station’s live feed.

However, in its concluding observation, the commission reprimanded the private broadcaster for their coverage of the events, which “incited fear and hatred among citizens, instilled a spirit of vengeance and caused serious damage to private and public property.”

Conversely, the commission noted that reporters from private broadcasters DhiTV and Villa TV – alleged by the MDP to have incited hatred against the administration of former President Nasheed and promoted the “coup d’etat” – were “threatened and intimidated” by MDP supporters and were consequently prevented from covering the march.

The HRCM also noted that students at Immadhudeen School during the afternoon session were adversely affected by the MDP supporters gathering outside the party’s Haruge camp on the afternoon of February 8. The party’s gathering area was ransacked by rogue riot police and army officers prior to President Nasheed’s resignation.

The commission contended that MDP supporters were loud and used obscene language outside Haruge, which was reclaimed by supporters led by President Nasheed to the area after the MDP national council meeting earlier in the day.

Citing article 72(b)(1) of the Police Act, which prohibits “commission of an act that could obstruct the execution of any of the police powers and discretions, or plotting to commit such an act, or participate in the commission of such an act, or call for or encourage or assist others to commit such an act,” the HRCM claimed that MDP supporters who participated in the walk “obstructed the performance of police duties.”

Moreover, the commission noted that patients and staff at hospitals ADK and IGMH faced “serious difficulties and inconveniences” due to MDP supporters gathering outside both hospitals following the police crackdown.

However, the BBC reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

“People scattered as officers sprinted towards them silhouetted against the lights of passing traffic,” the BBC’s Andrew North reported from Male’. “Inside the hospital, dozens of Mr Nasheed’s supporters are still being treated for injuries, following earlier scuffles in the main square. Among them is Reeko Moosa Maniku, chairman of Mr Nasheed’s Maldives Democratic Party – who was with the former president when the clashes broke out. With a large head bandage and his shirt bloodied, he regained consciousness as we arrived. The police said they would kill me, he told us, as they beat me. Another MP was still unconscious in another ward.”

The crackdown

While riot police baton charged the front of the protest march on February 8, Minivan News observed riot police officers charging the crowd from a narrow alley leading to the MMA area.

The Special Operations officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.

Parts of the attack from the rear were filmed by Al Jazeera, which reported on February 8 that “police and military charged, beating demonstrators as they ran – women, the elderly, dozens left nursing their wounds.”

Amid the clashes, a group of opposition demonstrators infiltrated the crowds, attacking MDP supporters, according to witnesses.

Former President Nasheed was reported among the injured, and received head injuries during the clashes. He was briefly taken under police custody before being released back into the crowd.

Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area at IGMH.

One young woman who had gone to IGMH with her sister was being treated for a head wound. A gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.

“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.

Explaining that she, her sister and most women had joined the party’s “walk around Male” because they understood it was not a violent protest, the young woman said she had never seen indiscriminate beating of men and women on Male’ under Mohamed Nasheed.

“It was just supposed to be a peaceful walk. That’s why we went, and why more women than usual went. But there was no warning of the attack, no announcements, we were all beaten even after we began retreating. My sister was almost trampled,” she said. “I just think it’s disgusting that the police could beat so many unarmed women.”

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Over 100 police bicycles unassembled in warehouse: audit

Over 100 bicycles purchased for police use in 2009 were left unassembled in a warehouse, according to the audit report of the Ministry of Home Affairs for 2010 made public last week. The report flagged several cases of illegal and wasteful expenditure by the Maldives Police Service (MPS).

The audit found that 500 bicycles were procured in 2009 for MVR1.4 million (US$90,791) and paid for in 2010, while the required funds were not allocated for the vehicles in either the 2009 or 2010 police budgets approved by parliament.

“Of the purchased bicycles, 300 were sent to police stations in the atolls,” the report stated. “When [the Auditor General’s Office] checked on 5 September, 2011 to see if the 200 bicycles that should be in Male’ were there, it was discovered that 111 bicycles were kept in boxes in various warehouses while 89 assembled bicycles were left unused in warehouses.”

It added that six of 10 bicycles sent to Haa Dhaal Kulhudhufushi were also left unassembled.

Since the bicycles were left unused in warehouses, the audit concluded that “it could not be considered that these 500 bicycles were bought for police use,” adding that the expenditure was “wasteful” as the funds could have been used for other purposes.

The Auditor General therefore recommended putting the bicycles to use and holding those responsible for the procurement accountable under articles 47 and 48 of the Public Finance Act for violation of the law.

On March 30, 2010, police unveiled a new fleet of bicycles to be used for patrols as part of the previous administration’s plans to achieve carbon neutrality.

Following the publication of the audit report last week, a police spokesperson told local media that the bicycles would be used in the future.

The police media official noted that bicycles were used for patrols during November’s SAARC summit in Addu City.

Violations of public finance law

Among other cases highlighted in the report, the audit found that a private company was hired to construct a nine-storey building at the police Iskandharu Koshi compound for MVR67.2 million (US$4.4 million) on July 19, 2006 – without a publicly announced bidding process through the tender board.

The contract was awarded under the administration of former President Maumoon Abdul Gayoom.

The audit found that the company was paid MVR92.7 million (US$6 million) for the work, 37.87 percent in excess of the agreed upon sum.

The report noted that that the payment was in violation of public finance regulations, which stipulates that additional payments should not exceed 10 percent of the contracted amount.

Moreover, while the contracted period for the construction work was 18 months, the audit found that the Maldives Police Service approved an extension of a further 35 months.

The audit concluded that the extension was dubious and that police were culpable for the long delay.

The Auditor General therefore recommended that the responsible officials be held accountable and that the case should be further investigated by the Anti-Corruption Commission (ACC).

Moreover, also in 2008, a private company was contracted to build the police tow yard for MVR995,103 (US$64,533) without a public bidding process, which is required for government contracts exceeding MVR25,000 (US$1,621).

The audit also discovered that MVR1.6 million (US$103,761) was paid to contractors in violation of public finance regulations requiring approval from the President’s Office.

In August 2010, the audit found, police paid MVR80,000 (US$5,188) to a chief inspector as compensation for his damaged motorcycle, which was set on fire on August 2. The police executive board approved the payment as the price of the damaged motorcycle.

However, auditors found that the documents submitted by the chief inspector in seeking compensation were fraudulent, as the police report of the incident and photos showed that the damage was not extensive.

Moreover, auditors discovered that annual fees for the damaged cycle continued to be paid after the arson incident.

The Auditor General therefore recommended that the case should be investigated by the ACC.

The report further noted that MVR180,400 (US$11,699) was spent out of the budget in 2009 and 2010 for the police sports club while such expenses are explicitly prohibited by section 4.03(b) of the public finance regulations.

Scrutinising expenses out of the police welfare budget, the audit found that cash and tickets were provided for police officers to seek medical treatment overseas without the requisite doctor’s letter and recommendation form by the police medical service.

A senior police official was given US$1,200 out of the welfare budget for accommodation and food for medical treatment overseas, the report noted.

The report criticised the police regulations that allows senior officials to claim over US$1,000 for treatment overseas while lower-ranking officers were provided smaller amounts.

Meanwhile, as a result of delayed payment of utility bills, the audit found that police incurred MVR43,803 (US$2,840) as fines in 2010.

Lastly, the report noted that according to the Finance Ministry’s ledger, the Maldives Police Service spent MVR73 million (US$4.7 million) in excess of the approved budget of MVR627.7 million (US$40.7 million) for 2010.

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Addu City MDP MP, councillor face terrorism charges

The Prosecutor General’s Office on Thursday pressed terrorism charges against over 40 individuals accused of setting the Seenu Gan police station on fire on February 8, including Maldivian Democratic Party (MDP) MP Mohamed Rasheed and Addu City Councillor Ahmed Mirzadh.

Terrorism charges carry a jail term of 10 to 15 years.

On February 8, a brutal police crackdown on an MDP march across Male’ sparked riots across the country. The crackdown came after thousands of MDP supporters took to the streets, rallied by former President Mohamed Nasheed who had declared that his resignation the previous day was “under duress.”

In the southernmost atoll of Addu, police stations, police vehicles and a police training academy as well as court buildings were set ablaze.

MDP MP for mid-Hithadhoo constituency, Mohamed Rasheed ‘Matrix Mode’ was arrested in the wake of the violence in Addu City on February 8.

The Prosecutor General’s Office last week pressed charges against 21 people accused of damaging state property.

Trials have already begun for 13 people accused of setting the court house in Hulhudhoo ward of Addu City on fire.

The formerly ruling MDP has meanwhile condemned the “false charges” pressed against “elected representatives of the people of Addu City” and a number of citizens as “politically motivated”.

In a statement on Thursday, the party said it believes the charges represented “a deliberate attempt by the regime to destabilise the country ahead of the Commission of National Inquiry’s report into February’s transfer of power, which is due to be published on August 30.”

“Aside from politically motivated legal action, senior members of Dr Waheed’s regime, including Home Minister Mohamed Jameel, have publicly stated that the regime will arrest President Nasheed and ensure he spends the rest of his life in jail. These statements have been made despite the fact that a trial has not taken place, and while the Minister himself has stated that the ‘judiciary seems to be operating in wanton… and needs to increase public confidence,’” the statement read.

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Former state ministers deny allegations in Home Ministry’s audit report

Two former state ministers for home affairs have denied allegations in the ministry’s audit report for 2010 that they were paid salaries for a year without attending the office, with one accusing the Auditor General of political bias.

The audit report released last week stated that the two political appointees were paid salaries and benefits, amounting to over MVR800,000 (US$51,880) from January to December 2010, while one was working at the Presidential Commission and the other at the Maldives Customs Service.

The two political appointees referred to in the report were Sheikh Hussein Rasheed Ahmed, a member of the Presidential Commission, and Mohamed Aswan, former principal collector of customs.

The report found that Aswan was paid January’s salary from both institutions.

“Although the two posts were created for the Ministry of Home Affairs, as the ministry did not receive any service from the two appointees, this office believes that the President’s Office’s creation of the two posts cannot be considered for the need of the ministry,” the report stated.

The audit report contended that the two appointees were paid salaries out of the Home Ministry’s budget in violation of budgetary rules, which had compromised the validity of the ministry’s financial statement.

Mohamed Aswan, presently commissioner general of customs, however issued a press statement on Thursday denying that he was paid salaries from both the Maldives Customs Service and Home Ministry in 2010.

Aswan explained that he was paid January’s salary from both offices due to “an administrative error” caused due to a delay in exchanging official documentation confirming the transfer.

He added that errors in processing salaries and benefits of government employees were commonplace and, once identified, were usually remedied with the necessary changes the following month.

Aswan also noted that the administrative task of paying salaries and benefits for political appointees was a responsibility of the permanent secretary, the highest-ranking civil servant in government offices.

In 2010, Aswan’s press release stated, he was simultaneously working in three government posts but received salaries and benefits only from the Home Ministry, which he did not believe was “against the law.”

In addition to acting head of customs at the time, Aswan was also a member of the Presidential Commission set up by former President Mohamed Nasheed to investigate allegations of embezzlement and misappropriation of state funds by the regime of former President Maumoon Abdul Gayoom.

Aswan was appointed state minister for home affairs in January 2010 to reform the police service following cabinet deliberations.

As a former National Security Service lieutenant, Aswan was the deputy in charge of Maafushi jail when 19-year old inmate Evan Naseem was beaten to death and several inmates shot to death in a subsequent prison riot in September 2003.

In July 2003, Aswan had filed a detailed report on systematic abuse and institutionalised torture in Maafushi jail, warning of “disastrous consequences” if corrective measures were not taken immediately.

“Political bias”

Sheikh-Hussain-Rasheed-AhmedWriting in his personal website, Sheikh Hussein Rasheed Ahmed, former co-chair of the Presidential Commission, meanwhile slammed Auditor General Niyaz Ibrahim for “attempting to discredit the government toppled in a coup d’etat.”

The former president of the Adhaalath Party explained that he was appointed state minister to oversee and expedite investigations into rampant corruption alleged in over 30 audit reports by former Auditor General Ibrahim Naeem as “the relevant authorities were not adequately looking into the cases.”

Rasheed insisted that both he and Aswan attended the home ministry to carry out the tasks they were entrusted with by the President.

“The Presidential Commission was tied to the President’s Office and the Home Ministry,” he wrote. “When the commission completed the investigation stages, we were submitting reports to the President and relevant departments under the Home Ministry. In addition to the President’s Office, we also provided information to the Anti-Corruption Commission.”

Arguing that the current Auditor General made no effort to ascertain the work done by the pair at the Home Ministry, Rasheed accused Niyaz of “working in your own defence” and “trying to please the current government which is in place through a coup d’etat.”

Rasheed said that he sent his monthly attendance records to the President’s Office and kept the Home Minister informed of his work. Moreover, the permanent secretary was notified ahead of official leaves, Rasheed said, adding that “the Auditor General made no effort to obtain any of this information.”

“Are you unwilling to release an audit report on the double pension President Maumoon is taking illegally out of fear over a no-confidence motion [in parliament]?” Rasheed asked.

Rasheed further claimed that Niyaz attempted to intervene in the Presidential Commission’s investigation of the alleged US$800 million illegal oil trade carried out under the chairmanship of MP Abdulla Yameen at the State Trading Organisation (STO).

“Did you not try to get the documents [related to the case] first from the Anti-Corruption Commission?” Rasheed wrote. “When the Presidential Commission refused to provide you with the information, you even visited STO Singapore.”

Following these unsuccessful attempts, Rasheed alleged that Auditor General Niyaz tried to obtain the documents through an audit of the President’s Office and the Presidential Commission, suggesting that the section in the Home Ministry’s audit report concerning his salary was “retaliation” by the Auditor General.

The audit report of the Ministry of Foreign Affairs for 2010 made public in July was similarly slammed by former Foreign Minister Dr Ahmed Shaheed as “politically motivated and phrased to mislead the public.”

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Gayoom’s half-brother acquitted of three-year old corruption charges

The Criminal Court on Thursday morning acquitted Abdulla Algeen Abdul Gayoom, half-brother of former President Maumoon Abdul Gayoom, of corruption charges more than three years after the trial began.

Algeen, younger brother of MP Abdulla Yameen, was accused of embezzling US$177,460 of Japanese funding from the Department of Meteorology (DOM), where he was the Director.

Algeen allegedly sent three separate invoices to the Japan Agency for Marine-Earth Science and Technology (JAMSTEC) between May 2006 and April 2007 on behalf of DOM.

All three invoices demanded payment to Algeen’s personal Bank of Maldives account.

In the verdict (Dhivehi) acquitting Algeen today, Judge Abdulla Didi ruled that the state could not prove that the money in question was owed by JAMSTEC to the government.

History

The first hearing of the corruption case was held on June 9, 2009 with Chief Judge Abdulla Mohamed presiding. The second hearing took place over a year later on July 1, 2010.

Newspaper Haveeru reported on March 4 this year that the case was further delayed after the presiding judge was changed for a third time.

After the case changed hands from Judge Abdulla Mohamed to Judge Zubair Mohamed, it ended up with Judge Abdulla Didi, who held his first hearing of the case on March 4.

The local daily reported the judge as saying that although the trial had been completed and witnesses heard, he wished to hear the case again as there were certain points to clear up.

Prior to Judge Didi restarting the case, the last hearing was held on October 19, 2011 where the trial was concluded with closing statements.

Concluding the new hearings on April 11, 2012, Judge Didi had said he would issue a verdict in two weeks.

The case against Algeen

In August 2007, Minivan News reported leaked documents showing JAMSTEC was funding a two year DOM research project into the oceanography and meteorology of the Indian Ocean.

In a Memorandum of Understanding signed in early May 2006, JAMSTEC agreed to meet “all expenses incurred in connection” with the project.

Later that month an agreement was signed requiring JAMSTEC to transfer $92,000 dollars to the DOM. In April 2007, the agreement was renewed for a year, with a payment of $70,000 required.

Both the 2006 and 2007 agreements require JAMSTEC to transfer money to a “bank account… designated by DOM.”

Algeen was the sole signatory on behalf of DOM for both agreements.

He issued the $92,000 dollar invoice on May 22, three days after signing the 2006 agreement, and the $70,000 dollar invoice on April 8, 2007, the same day he signed the 2007 agreement. A third invoice for a balance amount of $13,248.34 was issued on 22 December, 2006.

All three invoices were issued on DOM letterheads and the two most recent had Government of Maldives stamps. The bank account quoted was Algeen’s personal one.

“Wiping the slate clean”

Following the controversial transfer of power on February 7, the Criminal Court dismissed corruption charges against Deputy Speaker of Parliament Ahmed Nazim and Eydhafushi MP Ahmed ‘Redwave’ Saleem.

On February 20, the Criminal Court ruled that Nazim could not be prosecuted on charges of defrauding the now-defunct Ministry of Atolls Development, in the purchase of 220 harbour lights worth MVR1.95 million (US$126,000) in 2004.

Nazim, leader of the People Alliance (PA), along with MP Ahmed ‘Redwave’ Saleem (then-finance director at the ministry) and Abdullah Hameed, former Atolls Minister and half brother of Gayoom were charged in late 2009 on multiple counts of conspiracy to defraud the Atolls Ministry.

Eight days after Nazim’s case was dismissed, the Criminal Court acquitted MP Saleem – now a member of former President Gayoom’s Progressive Party of Maldives (PPM) – of involvement in the scam.

Following the verdict, the formerly ruling Maldivian Democratic Party (MDP) accused President Mohamed Waheed Hassan Manik of being controlled by supporters of former President Gayoom, who were “intent on purging the People’s Majlis of MDP MPs and MDP-leaning MPs in order to secure a controlling majority.”

“Recent days have seen cases against three MDP-supporting MPs fast-tracked in order to disqualify them from parliament while serious corruption charges have been dropped for opposition leaning MPs,” the party said in a statement, noting that MP Saleem’s case had been “unreasonably delayed in the court process since 2009.”

On February 20, the Supreme Court in a 4-3 ruling disqualified MDP MP for Thimarafushi constituency, Mohamed Musthafa over a decreed debt and stripped him of his seat.

“While in government, MDP consistently maintained that key parts of the judiciary are in the hands of the supporters of former President Gayoom. Now we are seeing the truth of that claim. Dr Waheed regime is using the courts to settle old scores, to reduce MDP’s parliamentary majority and to wipe the slate clean for government supporters,” MDP spokesperson Hamid Abdul Ghafoor said at the time.

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Illegal, wasteful expenditure flagged in Home Ministry’s audit report

Several instances of illegal and wasteful expenditure were flagged in the audit report of the Ministry of Home Affairs for 2010, made public on Tuesday, including MVR 800,000 (US$51,880) paid to two political appointees who did not attend the ministry.

The audit discovered that two state ministers were paid salaries and benefits from January to December 2010 while one was working at the Presidential Commission and the other at the Maldives Customs Service.

“Although the two posts were created for the Ministry of Home Affairs, as the ministry did not receive any service from the two appointees, this office believes that the President’s Office’s creation of the two posts cannot be considered for the need of the ministry,” the report (Dhivehi) stated, contending that the appointments were in violation of budgetary rules and procedures.

The two political appointees referred to in the report were Sheikh Hussein Rasheed Ahmed, a member of the Presidential Commission and former head of the Adhaalath Party, and Mohamed Aswan, former principal collector of customs.

Among other cases ostensibly in violation of the Public Finance Act and regulations under the law, the Auditor General’s Office noted that none of the construction projects for island and atoll offices as well as regional fire service buildings begun in 2008 were completed on schedule.

According to a status report on the projects prepared in June 2010, while none of the 14 projects were completed on time, the ministry did not seek over MVR6.5 million (US$421,540) in damages for the delays as stipulated in the contracts for 13 of the projects.

The report also found that the Home Ministry failed to include a clause for damages for delays as required by financial regulations in contracts worth MVR1.1 million (US$71,335) and MVR68,500 (US$4,442) respectively to set up partitions and a reception counter in the office.

Consequently, the ministry incurred a loss of MVR189,225 (US$12,271) that it was unable to claim as damages for delays of 51 days and 19 days respectively.

Moreover, as a result of hiring an engineering firm for a monthly pay of MVR4,500 (US$291) for inspection and management of office buildings begun in 2008 by the now-defunct Ministry of Atolls Development, the ministry had to pay over MVR1 million (US$64,850) as a consultancy fee due to delays in completing the inspection work.

The audit also found that four employees of the Parole Unit at the ministry transferred to the Department of Penitentiary and Rehabilitation Services (DPRS) in September 2010 by the Civil Service Commission (CSC) were paid salaries out of the ministry’s budget from September to December 2010 as the DPRS did not have space for the four transferred staff.

In another case highlighted in the report, the ministry paid an owner of an uninhabited island (Haa Alif Dhapparu) MVR5,310 (US$344) in excess of the compensation stipulated in the agreement when the island’s ownership was transferred to the Ministry of Housing and Environment. The island had been under the care of the Home Ministry before it was designated an uninhabited island on August 9, 2010.

The audit report noted that the ministry’s registry of property and assets were not properly maintained in accordance with section 7 of the financial regulations. While some purchases were not entered into the registry, assets transferred from other ministries were similarly unregistered.

As a result of not requiring employees to sign for use of ministry’s mobile phones and laptops, the report noted, six laptops were lost in 2010 while “no employee was held responsible for the losses”.

Lastly, the report found that financial records of monies collected by the ministry were not properly kept. A registry of cash collected was not maintained and receipts were not entered into the daily ledger, leading to discrepancies in the accounts.

Province Offices

The audit of the former Upper North Province Office meanwhile discovered that political appointees paid a living allowances were using government accommodation in Haa Dhaal Kulhudhufushi free of charge. Consequently, the electricity bill for the province office’s accommodation block amounted to MVR105,812 (US$6,861) in 2010.

Moreover, as of July 2011, the electricity bill for the block reached MVR126,022 (US$8,172).

The audit also found that the province office paid MVR156,133 (US$10,125) as docking fees to the Kulhudhufushi Regional Port for an accommodation barge used by Boskalis International, which was contracted by the government to reclaim land in the island.

As the funds were not included in the province office budget and the land reclamation project not carried out through the office, the audit concluded that the expense was in violation of financial regulations.

The report also flagged the hiring of a project consultant for a monthly pay of MVR10,000 (US$648) who had not submitted education certificates. While the province office had claimed that the other candidates did not show up for the interview, the Auditor General’s Office learned that interviews were conducted.

The consultant was appointed a state minister before the contract period expired, the report noted, suggesting that “the announcement for the post was made directly to hire that person.”

Moreover, the audit found that political appointees at the province office did not submit reports of trips out of the island as required by regulations. However, attendance records showed that the staff in question were said to be out of the island on office business.

Meanwhile, the audit of the South Province Office discovered that an individual hired in January 2010 to draw up a strategic development paper in three months was paid a total of MVR154,000 (US$9,987) after illegally extending the contract period beyond the agreed upon three months.

As of July 2010, the audit found, there was no record that the report was ever submitted.

The audit also found that the province office paid for the expenses of a state minister in Male’ for 49 days while there was no record to show any official business conducted during the stay.

Moreover, the expenses for food and accommodation of the south province state minister were significantly higher than the approved rate for government employees.

On July 15, 2010, the audit found, a state minister arranged a dinner worth MVR10,788 (US$699) for 24 people at the Villigilli Resort and Spa while there was no documentation sent from province office to the resort.

“Moreover, while the expenses form was not properly filled, both the form and the approval for the payment voucher were signed by the state minister,” the report stated.

The province office also spent MVR5,088 (US$329) a day for a Defence Minister’s stay at the Villigilli Resort from July 25 to 27, 2010, while there was no documentation at the office explaining the purpose or nature of the trip. Invoiced for the expenses, the Defence Ministry claimed it was not an official visit.

The audit discovered that the province office spent a total of MVR27,580 (US$1,788) to mark the India-Maldives Friendship Week in Addu City while the funds were not included in the office budget and the expenses were not approved by the Finance Ministry.

In the wake of the revelations of the audit, the Anti-Corruption Commission (ACC) Chair Hassan Luthfy told local media today that the commission would discuss the Home Ministry’s audit report at its meeting tomorrow and identify cases to investigate.

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MDP commemorates ‘Black Friday’ anniversary

The former ruling Maldivian Democratic Party (MDP) commemorated the eighth anniversary of the brutal crackdown of the pro-democracy demonstration on ‘Black Friday’ August 12 and 13, 2004 with a special rally last night.

The rally featured video presentations about systematic torture under the regime of former President Maumoon Abdul Gayoom and testimony of victims of the crackdown on the unprecedented 22-hour public gathering at the Republic Square.

Addressing a capacity crowd at artificial beach last night, former President Mohamed Nasheed said that Black Friday was the day that the Maldivian people started to believe that they could assert their will and power over the government.

August 12, 13
Black Friday gathering

“It was the day when the Maldivian people found courage,” he said. “It was the day when the people started to believe that they could come out and reverse the autocratic rule of this country and eradicate torture and brutality.”

The former Amnesty International ‘prisoner of conscience’ paid tribute to the hundreds of demonstrators and reformist MPs arrested and beaten by the former National Security Service (NSS) on August 13.

Nasheed urged reformists to “continue the journey” begun on August 12 and 13 with the lessons of the past eight years, vowing not to stop the fight “until true freedom and independence is established in this country.”

The hopes of the Maldivian people for a better future was “tied to forming a civilised security forces,” Nasheed said, adding that everyone in the police and army were not “bad and ruthless people.”

It was MDP’s “duty” to work with numerous youth and experienced officers “of a national spirit” in the security services to reform the institutions, he continued.

Nasheed said he was “certain beyond doubt” that the Commission of National Inquiry’s (CNI) report would note that a number of mutinous officers of the security forces committed crimes and unlawful acts on February 7.

“After CoNI’s report, we should only go back home after bringing them to justice,” he said.

He added that the nation could not be held as the “spoils of war by a few police and army officers.”

‘The hidden baton’

Speaking at the rally, former Male’ MP and first president of MDP, Ibrahim ‘Ibra’ Ismail, argued that the “biggest success for the people” on August 12 and 13 was to show the outside world as well as the Maldivian people “the culture of brutality concealed by Gayoom.”

“The hidden baton” was made exposed through the efforts of reformists, said Ibra, which was put away after Gayoom’s election defeat only to be brought out again on February 7, 2012.

“This is not something the Maldivian people will accept. You cannot tie the tongues of the Maldivian people again. Today, the Maldivian people no longer fear that baton,” he said.

In a video message aired at the rally, Naushad Waheed – brother of President Mohamed Waheed Hassan Manik – spoke of torture in jails during President Gayoom’s 30-year reign.

Naushad, former deputy high commissioner to the UK, warned that those in power would not willingly relinquish it regardless of the conclusions of CNI’s report, urging MDP to remain vigilant and within legal bounds.

Former Special Majlis MP Mohamed ‘Nafa’ Naseem meanwhile said that the reformists drew courage from the months spent in Dhoonidhoo detention island following the crackdown on August 13.

“If I remember correctly, more than 300 people were put in jail for a long period,” he said. “I never saw anyone cry out of fear. Everyone was smiling. [We] crossed the threshold of fear.”

In a video interview, Mariyam Manike – mother of Evan Naseem, who was beaten to death in Maafushi prison on September 19, 2003 – recounted her treatment at the hands of NSS officers after her arrest outside her residence on August 13.

Manike said she was beaten by NSS officers after being taken to the main army barracks and was kept for hours with her hands cuffed behind her back.

NSS officers threatened to kill her while one officer told her that “this is the handcuff your son was wearing when we killed him,” Manike said.

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Former President Nasheed expresses concern over “intimidation, sacking” of senior security officers

Former President Mohamed Nasheed has expressed concern over the “intimidation and sacking of officers of senior rank” in the security forces ahead of the Commission of National Inquiry’s (CNI) report on the transfer of power expected on August 30.

In a statement yesterday, Nasheed referred to the dismissals last week of Chief Superintendent Mohamed ‘MC’ Hameed and Superintendent Adhnan Anees, the demotion of Superintendent ‘Lady’ Ibrahim Manik and removal of Captain Dr Fathmath Thahsyna Ibrahim from the post of Deputy Commander of Medical Services at the Maldives National Defence Force (MNDF).

The statement also noted the resignations of former Chief of Defence Forces Major General Moosa Ali Jaleel, Vice Chief of Defence Forces Farhath Shaheer and Brigadier General Ibrahim Mohamed Didi.

“A course of action following the transfer of power can only be determined based on the work of the Commission of National Inquiry,” Nasheed insisted, appealing to the security services against sacking, intimidating, demoting or promoting “any officer” before the commission completed its inquiry.

“I also urge those employed in the security forces to wait and not resign before the commission completes its task,” Nasheed said.

Senior officers assaulted

Superintendents Hameed and Anees were relieved of duty by the Police Disciplinary Board last week, reportedly after investigating allegations that the senior officers “worked for the political benefit of a certain party” in violation of police ethics, which prohibits engagement in partisan political activity.

Hameed, former head of police intelligence, was arrested on June 14 following his alleged contribution to the MDP’s report into the transfer of power on February 7.

Following reports that police who cooperated with the Ameen-Aslam report were being rounded up and detained, police initially denied allegations of a “witch hunt” and issued a statement accusing the media of “circulating baseless and false reports”. Court warrants for the arrest of Hameed and Staff Sergeant Ahmed Naseer were however subsequently leaked.

Meanwhile in June, Superintendent Adhnan Anees sued the Maldives Police Service seeking compensation for medical treatment of injuries sustained after mutinying police officers allegedly attacked him in Republic Square and inside police headquarters on February 7.

Superintendent 'Lady' Ibrahim Manik assaulted outside police HQ

Anees, Ibrahim Manik and Chief Superintendent Mohamed Jinah were among senior officers allegedly assaulted on February 7.

According to the political violence watch of local NGO Maldivian Democracy Network, ‘Lady’ Ibrahim Manik – who was demoted by the Disciplinary Board last week – was “captured and beaten” outside police headquarters.

Moreover, video footage emerged of Chief Superintendent Mohamed Jinah, head of the Drug Enforcement Department (DED), handcuffed and taken to detention island Dhoonidhoo on the morning of February 7.

According to the MDP’s report, the attacks were carried out by police officers outside police headquarters on the instructions of Police Superintendent Abdulla Nawaz and Sub-Inspector Azeem Waheed.

The report stated that Corporal Ahmed Vikram ‘Viki’ hit Superintendent Anees with a wooden chair in the back, and struck Anees in the genitals with his legs.

Anees was then taken upstairs to the third floor of police headquarters and locked inside the DED’s storage room, along with Deputy Commissioner Ismail Atheef and Superintendent Ibrahim Manik, the report claimed.

According to the report, mutinying police officers subsequently broke open the door of the storage room and again attacked the three senior officers, before taking them downstairs.

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