AG proposes narrowing ‘the right to remain silent’

The Attorney General Husnu Suood has proposed a bill to be presented to parliament removing the right to remain silent during investigation of people suspected of commit serious crimes.

The bill removes the right given under Article 48[N] of the Constitution that a person need only reveal their name and thereafter remain silent during police questioning.

The bill proposes that the right to remain silent should be removed in such cases such as threatening a person, attacking a person or his property, assault on a person using sharp objects or weapons, murder, drug trafficking, storing drugs to deal, importing drugs, using a sharp object or dangerous weapon in public without a valid reason, storing a sharp object in secret without a valid reason, gang rape and terrorism.

Press Secretary for the President Mohamed Zuhair said that the government believed it was necessary to remove the right to remaining silent on these cases.

”Why should we provide the right to remain silent for a man arrested with five kilograms of dope?” Zuhair asked.

”If the bill is passed people arrested in connection with these kind of crimes will be convicted for objection to order if they remain silent.”

He said the police would only arrest a person in the first place if they had conclusive evidence.

Spokesperson for the Maldivian Democratic Party (MDP) parliamentary group Mohamed Shifaz said the MPs had tried very hard to introduce the right to remain silent.

”The government would try to remove it in certain cases only when they notice a credible reason,” Shifaz said.

Vice president of Dhivehi Rayyithunge Party (DRP) Umar Naseer, a former police officer, agreed, saying the right to remain silent “should be removed for all the cases.”

”This would make it very easy to prosecute criminals, so I think it is very important,” he said.

The Maldivian Detainee Network issued a statement saying it was “concerned by the news that the Attorney General proposes to narrow fundamental rights afforded to persons accused of certain serious crimes.”

“We urge the Attorney General and Parliament to ensure that any legislation proposed or passed fully embodies the principle that all persons are innocent until proven guilty. Furthermore, any narrowing of rights must be done in accordance with Article 16 of the Constitution which states that “Any such law enacted by the People’s Majlis can limit the rights and freedoms to any extent only if demonstrably justified in a free and democratic society.”

The NGO added that while it was concerned about the recent rise in crime and “the inability to successfully prosecute criminals, we would like to caution against reactionary steps which threaten fundamental rights.”

“The answer to rising crime in society is the full and effective implementation of a rights-based system by addressing the numerous issues within the criminal justice system,” it urged.

“The rush to discard fundamental rights is not only a short-sighted strategy which not only ignores the moral and practical imperatives behind those rights, but also risks returning to a society in which innocent citizens needed to fear the criminal justice system.”

Deputy Attorney General Abdulla Muiz did not respond to Minivan News at time of press.

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DRP to take no-confidence motion on Home Minister

Dhivehi Rayyithunge Party (DRP) MP Ali Waheed has said the party will put forward a no-confidence motion against Home Minister Mohamed Shihab, after police detained Waheed and several other senior party figures in an effort to defuse violent clashes between the supporters of both parties on Thursday night.

”We decided to take the no-confidence motion against Shihab because he used his powers and influence against the law,” Waheed said, adding that details would be provided tomorrow.

Waheed alleged that when the situation in Male’ broke the peace of the country on Thursday night, “Shihab was relaxing in a nearby resort.”

He said the party had received information “from a trusted source” that President Mohamed Nasheed gave the order to police that night to arrest the senior party leaders.

”The police have no powers, they only have to take orders from their leader,” he said.

However the President’s Office said yesterday that the government had full confidence in police and “absolutely no involvement” in the decision to remove the DRP leaders from the protest.

But Waheed claimed that the police “cannot arrest MPs while a no-confidence motion is ongoing inside parliament.”

”The police lied to us, saying that they were taking us to police head quarters to calm down the situation,” he said. ”Instead they took us to Dhoonidhu and took our mobile phones, and treated us just like the other criminals there.”

Vice president of DRP Umar Naseer said that there were “many things” the Home Minister had done, including “attacking peaceful protesters with tear gas.”

”He arrested MPs while there was a ongoing no-confidence motion in the parliament which is against the law, did not stopped MDP thugs attacking us, and did not enforce the law,” Naseer said.

He also claimed that President Mohamed Nasheed was “giving the orders to police that night”, claiming the party had obtained the information “because 90 per cent of the police and Maldives National Defense Force (MNDF) support the DRP.”

Press Secretary for the President Mohamed Zuhair confirmed that President Mohamed Nasheed went  to the police headquarters on Thursday night, “but not to give orders.”

”He went there because he is the owner of all the powers – police and MNDF,” Zuhair said, ”but the Commissioner of Police was the one giving the orders.”

Zuhair claimed that the opposition was trying to take no-confidence motion against ministers “one by one” to delay more productive bills sent to the parliament by the government.

”Countries with civil wars pass more bills in parliament than the Maldives does,” Zuhair said.

He said the opposition “is  jealous and cannot accept their failure.”

”They are trying to show the people that they still have powers,” he suggested.

MDP’s parliamentary group spokesperson Mohamed Shifaz said the party would stand against the no-confidence motion on the home minister as ”we have not noticed home minister doing anything against the law.”

He said the party’s parliamentary group would continue to discuss the issue.

Meanwhile, the Human Rights Commission of the Maldives (HRCM) released a statement appealing to the police to respect laws and to treat everyone equally when they work to disperse crowds.

HRCM said that ”political parties meetings are interrupted due to differences among people on political issues.”

The commission said it had noticed that regulations governing the  dispersal of protests “are not being applied equally among everyone”, and that Article 32 of the Constitution guaranteed ”freedom to gather peacefully without prior permission  from the government.”

Home Minister Mohamed Shihab and State Minister for Home Affairs Ahmed Adil did not respond to Minivan News at time of press.

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Inside Male’s growing gang culture

Following the arrest of 26 people in a special operation to try and curb rising gang violence in Malé, Minivan News today spoke to three gang members, on condition of anonymity, to try and learn if both the operation was proving effective, and what was contributing to rising gang violence in the first place.

The first gang member identified himself as ‘Matey’, from a gang in Henveiru. The second gang member, ‘Don’, wished to keep his gang anonymous, likewise the third, a senior gang member.

The gang members spoke candidly about their reasons for being involved in gangs, finding jobs, crime, the police and politicians.

Joining the gang

All three gang members joined for different reasons and under circumstances, but they all speak about their gangs as “a second family”, with particular emphasis on a sense of community within the gang.

Matey said he loves being in the gang “because my family does not care about me, but the gang members always help me in every way.”

He said his parents “hated” him because he had a close relationship with his brother, also a gangster.

”I did not use to go and hang out with the gangs with him,” Matey said. ”I just hung out with him sometimes because he is my brother. But then my Mum and Dad thought I was becoming like him, and started ignoring me.”

Matey said he likes being with the gang because they help him “in everything he does” and he can “refresh his mind” with marijuana and alcohol.

He said first smoked marijuana because his parents always accused of him being drunk while he wasn’t, ”so one day I just tried it to see what happened.”

Don told Minivan News that he joined the gang after the police took him one day to police custody and kept him there as a suspect.

”As you know, that place is full of gangsters and I had to be in [police custody] with them,” he said.

”When I came out a few days later, I saw them on the streets and started hanging out with them.”

He said after completing his O’ levels he met the leader of the gang, who was “a friend of a friend.”

”I just joined with them to start a business,” he said.

Don said he also likes being in the gang because they “love me as much as my parents.”

The senior gang member told Minivan News he likes being in a gang because the other members “help me with everything and always back me up.”

Jobs

The gang members said they wanted jobs, but felt unable to get them because of the stigma attached to their police records.

Matey said he now prefers selling drugs instead of looking for a job “because it pays more”, but Don said he was compelled to stay in the gang until his police record was cleared in five years.

”In five years when my police records are cleared I will get a job,” he said.

The senior gang member said his family forced him to earn money but he was unable to get a job, also because of his police record.

”I would like to be like other people, going to work and earning money,” he said.

He added that the government “must provide more job opportunities for the people.”

Police

The police did not know how to handle gangs, Matey said: ”They arrest anyone with long hair and earrings.”

Because the police sometimes arrested innocent people, he explained, it had became a way for innocent people to get into gangs through association with gangsters.

”When [innocent people] are taken into police custody they meet lots of gangsters and become friends with them,” he said.

Don added ”the new government is trying to make Maldives a carbon neutral country, but don’t they know police vans, jeeps and motorbikes patrolling 24 hours harms the environment a lot?”

Protection

Many people are continuing to join gangs for protection, the gang members explained.

Matey said the need for protection was driving people who did not have any family problems to become involved in crimes with gangs, because they wanted support and protection from other gangs.

Don said this was particularly common for the younger gang members, who were seeking protection and support from the gang.

While the gangs were not particularly interested in the country’s politics, Don explained that “some political figures support the gangs by paying them to do crimes, sometimes to attack someone or for their protection.”

The senior gang member said his gang received support from political figures, usually for ‘protecting’ their business.

”In return they provide funds for our needs,” he said.

Curbing crime

Matey said he did not think rising crime in Malé could be prevented, while Don said the way to make Malé peaceful was “for police to leave the gangs alone.”

However the senior member suggested that to make Malé peaceful “police should arrest everyone connected to crimes.”

“The gangs don’t just commit crimes,” he said. ”We conducted a diving course this year, and once I was offered [the opportunity] to go abroad for studies.”

He said the leaders of the gangs did not want to create violence in Malé, but warned “we will attack if we are attacked.”

Crime and income

Matey agreed with the senior gang member that robbery was proving the most lucrative crime in Malé, although the latter said drug dealing also was also a main source of income for the gangs.

He said the public “respect anybody who has lots of money”, and did not appear to worry too much about how it was earned. Regarding robberies, he said, “we normally get information for our missions from expats who work with [the places we are robbing],” he said. ”In return, we give them a share of what we get.”

The senior gang member said that ”the most important thing is to avoid corruption in the country, because today we can buy anything for money; the police, Department of Penitentiary and Rehabilitation (DPRS), jail officers and judges, too,” he said. ”There are gang members inside the police.”

Response

A police spokesperson confirmed that criminal records were kept for five years, but that they were only applied if the person was convicted by a court.

He reiterated that police would only arrest someone if they had enough evidence, as the court would not accept a case otherwise.

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MDP call for no confidence-motion against speaker

The Maldivian Democratic Party (MDP) will put forward a no-confidence motion against the speaker, Dhivehi Rayyithunge Party (DRP) MP Abdulla Shahid, spokesperson for MDP’s parliamentry group Mohamed Shifaz said today.

Parliament was cancelled again today because of chaos in the chamber. Police blockaded streets around the parliament and presidential palace in the wake of running protests, while a political gathering at the artificial beach this evening erupted into violence and was dispersed by police using tear gas.

”We do not believe that a man under such pressure can do anything correctly,” Shifaz said, accusing Shahid of siding with the opposition coalition ”most of the time”.

”He adds things to the agenda against the procedures of parliament,” Shifaz said. ”If there is a bill that makes things difficult for the government, that is the first thing he wants to discuss.”

Shifaz said the MDP MPs were “still unsure” about their security and safety inside the parliament chamber after yesterday’s brawl, and had sought reassurance from the speaker.

In a letter posted on parliament’s website, Shahid said he had requested that police investigate the incident, and adding that “what happened inside the chamber was not acceptable behaviour for a parliamentary debate”.

In addition, he said he had ”no pressure on me from any political party. I call on all the political parties to cooperate with each other.”

Shahid insisted he “had control of the parliament”, and said he did not wish to comment on the no-confidence motion reportedly being drafted against him. Instead, he called on MPs to cooperate and continue work.

DRP MP Ali Waheed, Ahmed Ilham, and Vice president Umar Naseer did not respond to Minivan News at time of press.

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Gang robs Cactus flower shop, threaten staff

A well-known flower shop on Sosun Magu, Cactus, was robbed last night by a group of intruders who threatened staff with knives and box cutters.

Police Sub-Inspector Ahmed Shiyam said a group of men entered the shop last night at 11:30pm and

Shiyam said that one man had been arrested in connection with the robbery, and the case continued to be under investigation.

A witness to the incident, who later spoke with the staff, told Minivan News that three men entered the flower shop around and threatened the staffs with knife and cutters, and stole Rf35,000 (US$2700).

”I was passing by and noticed that the lights of that shop were off,” he said. ”They never switched off the lights so early.”

He said two Maldivian staff were inside the shop when three men entered.

”They entered the shop, switched off the lights and locked the shop,” he said. ”They punched one staff member’s eye and nose and grabbed another’s necklace and both their mobile phones.”

He said that the group went upstairs where the money was stored and opened the locker by damaging it.

”There was a security guard outside who was afraid to call the cops,” the witness noted.

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Hithadhoo patients complaining of missing gynaecologist, physician and X-ray machine

Seenu Hithadhoo regional hospital is missing its gynaecologist, physician and x-ray machine, leading to many complaints from patients.

The hospital’s head, Ahmed Mohamed, said the hospital’s only gynaecologist had not shown up for work for a week, while the X-ray machine was damaged and the only physician had departed after completing his contract.

”We have informed the health ministry and they said they will fix all the problems as soon as possible.”

He said there were a lot of patients waiting for the gynaecologist and a lot of complaints from patients due to the broken X-ray machine and missing physician.

He said the nurses and senior medical officers at the hospital were taking care of the women waiting for gynecologist.

”There is a private hospital in this island where they can take X-rays,” he said, ”and people who need to X-ray have to use the machine in that hospital.”

He said that more than 15,000 people lived on the island and more than 150 patients came to Hithadhoo Regional Hospital every day.

Deputy director general of ministry of health Abdul Samad Abdul Rahman said the ministry had received information about all the issues.

”The gynaecologist has told us that she will come out for work tomorrow,” Rahman said, ”and we have been trying with the ADK hospital to fix the X-ray machine.”

He said the ministry was trying to hire a physician and a doctor from abroad, both of whom have been scheduled to arrive next month.

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Police sweeps arresting innocents, say gang members

Police had arrested 25 gangsters in an special operation police conducted to avoid gang violence in Male’ and make the city peaceful.

In a press conference yesterday, police noted that gangsters in Male’ were becoming more coordinated “and there has been a corresponding rise in planned and organised crime.”

Deputy commissioner of police Mohamed Rilwan revealed in a press conference yesterday that gangs had been observed adapting to police tactics and becoming more sophisticated in their approach to crime.

Rilwan said that when police raided gang areas and the houses of gang members during the recent crackdown, they found stashes of weapons and other items. These included knives, masks, mobile phones, toy guns, box cutters, watches and sunglasses.

Rilwan promised that police would make Male’ peaceful and ensure gangsters had “no more chances” to commit crime in the country.

During last week’s special operation against gang crime, police arrested 25 suspects including Ahmed Nafiz [Chika], Ahmed Rizam, Shifau Abdul Waheed [Shifa], Mohamed Ahusan [Ahu], Mohamed Aswad [Maxy], Hussein Razeen, Ahmed Shaz, Hassan Ali [Hassu], Adam Ziyad, Ahmed Husham, Ahmed Shiruhan [Shiru], Hussein Alwan, Ahsan Basheer, Ahmed Ismail [Ahandhu], Fahud Ibrahim, Fazeel Hameed, Ahmed Muaz, Rilwan Faruhath [Ilu].

Political connections

Press Secretary for the President’s Office Mohamed Zuhair expressed concern that “some of the politicians use gangsters for political reasons.”

”It is not acceptable for politicians to use any other tool than words,” he said.

He said the gang situation in the city had worsened “because of the failed educational policies of the former government.”

”I am very confident that the police will make this a peaceful city,” he said.

A gang member calling himself ‘IJ’ told Minivan News that police had arrested “many innocent people” during the special operation.

”It’s okay to arrest people who are connected with a case they are investigating,” he said, ”but it was really bad that police arrested innocent people among us.”

He said the police were “arresting anyone they feel like, and keeping them in custody for a long period of time.”

As a result, the prisoners were “given a bad reputation and encouraged to become involved in crime.”

He said that it was good that police were making Male’ peaceful, “as people are afraid to walk the streets.”

”Gangs are not afraid of the streets, the only fear for us is the police,” he said.

He said he hoped police would show professionalism when they raided more streets in Male’, “and arrest only guilty people.”

Another gang member told Minivan News that the police could not make the the streets peaceful as long as he was there.

He said the police were arresting friends of criminals, “making their parents think they were also criminals. ”

”If someone visits us to play cards and chat, police would arrest him too,” he said. ”Then people think he’s also a gangster, so he gets angry and changes himself into one.”

He claimed that they had fought police “many times. They come and disturb us even if we were sitting to chat,” he said, ”which makes us angry and want to go against them. Then they arrest all of us.”

He said the police had confiscated a lot of gang property, including sofas and chairs which they had bought.

“The gangs are not gathering to do crimes, just to sit down and chat with friends,” he said.

Sub Inspector of police Ahmed Shiyam said the police were checking and arresting anyone they suspected of gang involvement, and acknowledged that sometimes people who were not gang members had been arrested.

Even though those arrested might get bad reputations, “there is no other way due to the situation in the country,” he said.

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Parliament accepts drug bill

Parliament yesterday accepted a drug bill that will lead to greater sophistication in the country’s treatment of drug crimes.

Press Secretary for the President Mohamed Zuhair explained the bill would dramatically affect many drug cases, distinguishing between ‘soft drugs’ and ‘hard drugs’. and detailing punishments for dealers and users.

“[It proposes] a special court for drug cases,” he said, noting that the government discussed the bill with the Islamic Ministry before presenting to the parliament.

Maldivian Democratic Party MDP MP Ahmed Easa said the bill was “remarkable” and that the government deserved to be praised.

”The bill was designed based on the experience the country has had during the past years, after discussion with concerned departments and NGOs,” Easa said.

One of the most significant points in the bill, Easa said, was the protection for witnesses to drug cases.

Easa also said that while the bill included rehabilitation for drug abusers, “the punishment for dealers is very strict.”

”There would be a Rf50000 (US$3850) to Rf5000000 (US$385,000) fine and a prison sentence of 5-15 years, as well as confiscation of the offender’s properties by the government.”

He said according to the bill a drug court would be built where all the drug cases would be heard, “with a special team appointed to identify drugs and their level.”

He said if the bill was approved, “all the doors for drugs would be closed.”

DRP MP Waheed said there were amendments to be made to the drug bill, but said would not like to go into details at this time.

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PA claims senior government officials “are not very religious”

People’s Alliance (PA) Leader and MP Abdulla Yameen has claimed that the senior officials of the government are “not very religious”, during a rally to celebrate the day the Maldives embraced Islam.

Secretary General of the PA, Ahmed Shareef, also claimed the government was not interested in religion and had done “many things to weaken Islam in the country.”

”Last year during Ramadan the government allowed non-muslims to eat in day time,” Shareef said,”and they disbanded women’s mosques.”

He said the government had also dismissed many Imams from their position, “and gave away the land belonging to the Kulliyathu Dhiraasathul Islamiyya school,” he added, when it was brought under the Maldives College of Higher Education.

”They also discussed the building of temples in the country and selling alcohol on inhabited islands,” he said.

Press Secretary for the President’s Office Mohamed Zuhair said the claims were untrue.

”The government has done many things to strengthen and protect Islam in the country,” Zuhair said.

He said the government’s policy was to leave all the religious issues to Islamic scholars.

”As we are not religious scholars we always leave religious issues to the religious scholars,” he said, pointing to new freedoms given to scholars.

“Yameen is not a religious scholar,” he added.

Spokesperson for Maldivian Democratic Party MDP Ahmed Haleem said the government had always tried to protect Islam in the Maldives.

”It’s a fact that the government has never arrested a religious scholar, unlike the former government,” Haleem said.

Haleem claimed the former government arrested more than 20 religious scholars after their sermons.

”I never knew that Abdulla Yameen was so religious,” Haleem said. “Maybe in the future we will see him at the mosque with a long beard and short trousers.”

Sheikh Abdulla Jameel said in his view Islam in the Maldives “has become very strong”, particularly among young people “who are now very interested in Islam.”

”I have noted that the number of people going to the mosques has also raised,” he said.

He said he believed this had happening because the government’s efforts to promote the role of religion in people’s hearts.

”The new government allows scholars to give sermons as they wish,” he said.

President of Islamic NGO Jamiyyath-al-Salaf, Sheikh Abdullah Bin Mohamed Ibrahim, said the group did not wish to comment on issue.

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