Author: Ahmed Nazeer

Police to release 11 suspects in light of Criminal Court ruling

The Maldives Police Service has decided it would no longer detain suspects arrested without a warrant on suspicion of having committed an offence after Criminal Court Chief Judge Abdulla Mohamed ruled Monday night that the arrest of Gassan Maumoon violated article 46 of the constitution.

Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

The legal team of the former President’s son argued at court that a Supreme Court ruling (page 11 point 11) on July 11, 2010 – which overturned a High Court ruling extending the arrest of MPs Abdulla Yameen and Gasim Ibrahim for alleged bribery – established a precedent for interpreting article 46.

Gassan’s lawyers contended that his arrest did not fall under the exceptions provided for in article 46 where a suspect could be taken into custody without an arrest warrant.

Responding to the legal argument at court, Police Superintendent Mohamed Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.

In a press statement released today, police noted that before Monday night’s ruling the Criminal Court had not followed the criminal justice procedure established by the Supreme Court ruling for suspects taken before the court since July 2010.

Article 48 of the constitution states that suspects must be brought within twenty-four hours before a judge, “who has power to determine the validity of the detention, to release the person with or without conditions, or to order the continued detention of the accused.”

Police therefore decided to only detain suspects arrested from the scene of the crime or after the arresting officer observed the offence being committed.

“Eleven suspects in police custody have now been released,” the statement revealed. “However they do not include people detained from the scene of the crime or while committing the crime. The [police] service has done this in order to enforce court verdicts with fairness and equality and to ensure that such an incident is not repeated before the constitutional problem is resolved.”

Police were consulting with the relevant authorities to resolve the constitutional dispute, it added.

Meanwhile, the Criminal Court issued a court order today demanding that police answer to the release of two Maldivian Democratic Party (MDP) activists released from custody after the court extended their detention.

The activists were arrested for their part in disturbances outside the former President’s residence, Maafanu Endherimaage, which resulted in damage to private property.

Police Sub-Inspector Ahmed Shiyam told Minivan News today that police did not wish to comment on the matter or clarify whether the police appeared at the Criminal Court in accordance with the court order.

Local media however reported that police sent a letter in response to the court order explaining that it had the authority to release suspects after interrogation, notwithstanding an extension of detention. The letter reportedly noted that a number of suspects had been similarly released in the past.

In a statement put out today, the Criminal Court said an individual had sent a letter requesting the court take action against Police Commissioner Ahmed Faseeh as the police spokesperson Sub-Inspector Shiyam’s statements in the media claiming police were considering the release of over 300 suspects amounted to contempt of court.

Chief Judge Abdulla Mohamed was not available for comment at the time of press.

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Police considering legality of 300 arrests in wake of Criminal Court’s release of Gassan

The Maldives Police Service is reviewing the legality of a number of arrests made under article 46 of the constitution, after the Criminal Court ruled last night that the arrest of Gassan Maumoon, son of former President Maumoon Abdul Gayoom, was unlawful.

Police Sub-Inspector Ahmed Shiyam explained that police were studying the cases to determine whether the arrests were lawful in light of the Criminal Court precedent, and considering releasing the suspects.

Chief Judge Abdulla Mohamed ruled last night that Gassan was arrested in violation of article 46 of the constitution and a Supreme Court precedent establishing criminal justice procedures.

Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Gassan’s lawyers argued at court that as the former President’s son was taken into custody without an arrest warrant after he was summoned for questioning, the circumstances of his arrest does not fit the exceptions provided for in the constitution where suspects could be arrested without a court order.

Sub-Inspector Shiyam however said there were “dangerous criminals we have arrested following the same procedure for committing offences such as child molestation, drugs and assault and battery.”

Police were currently reviewing the cases of “over 300” suspects to determine if their arrests were constitutional, he said.

Responding to the legal arguments from Gassan’s lawyers at the Criminal Court hearing yesterday, Police Superintendent Mohamed Jinah said if Gassan’s arrest was unlawful, “every one police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence for an extension of detention.

Speaking to Minivan News today, Progressive Party of Maldives (PPM) Spokesperson MP Ahmed Mahlouf said the police statement was intended to “put the lid on Gassan’s arrest,” which he said had drawn public anger towards the government.

Mahlouf noted that only the Criminal Court, High Court or Supreme Court could order the release of suspects held in remand detention and “not the President’s Office or Home Ministry.”

“And the only way to change a Criminal Court ruling is to appeal it at the High Court,” he said, adding that the Supreme Court precedent in July 2010 established that only the Prosecutor General could file such appeals.

The PPM also filed three complaints at the Police Integrity Commission (PIC) regarding Thursday’s disturbances, Mahlouf said, which involved the police reaction to the MDP protest outside the Supreme Court and police failure to intercede when MDP activists damaged the property of the former President.

The party also filed a complaint about the summons chit sent to Gassan Maumoon, he continued, which he argued was “unlawful” as the former President’s son had exercised his right to remain silent when he was first summoned on Saturday.

The PIC had invited PPM members for a meeting regarding the complaints at 12:00pm tomorrow, he said, adding that the commission had formed three committees to investigate the matter.

Two activists of the ruling Maldivian Democratic Party (MDP) arrested for their involvement in disturbances outside the former President’s residence, Endherimaage, last Thursday were meanwhile released from custody today.

The Criminal Court yesterday approved a five-day extension of detention for MDP activist Ilham. Following his release last night, Ilham’s lawyer Abdulla Haseen said Gassan was arrested on suspicion of endangering a person’s life while Ilham was arrested on suspicion of damaging personal property during Thursday’s protest.

But, said Haseen, while Ilham was handcuffed and had his detention extended by the court, Gassan was treated very differently.

Supporters of the former PPM attacked Housing Ministry’s State Minister Dr Mohamed Shareef yesterday when he arrived from a conference in Bandos while PPM activists were demonstrating outside the police headquarters.

Sub-Inspector Shiyam said today that no arrests had been made yet in connection with the attack, footage of which was shown on Villa Television yesterday. The PPM supporters also stormed into the Home Ministry and met with senior officials to complain of Gassan’s arrest.

No-confidence

President’s Office Press Secretary Mohamed Zuhair meanwhile told Minivan News that in the wake of yesterday’s Criminal Court ruling, “all the arrests made in the past using the same procedure will be unlawful.”

Zuhair revealed that a team of senior police officers met with Prosecutor General (PG) Ahmed Muiz today to discuss the implication of last night’s precedent.

“He did not speak on the issue and rather questioned the police about some past incidents that he asked police to investigate and told the police to leave the PG Office immediately,” Zuhair said.

Following the actions of the PG, said Zuhair, the executive believed the government could no longer work with him.

“We will file a no-confidence motion against him [in parliament] very soon,” he said.

PG Muiz was unavailable for comment today.

PPM Spokesperson Mahlouf said the party would do “everything we can to save the PG” and such targeting of independent institutions the government was displeased with was “unacceptable.”

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Parliament cancelled over convicted MPs’ attendance

Parliament was adjourned 15 minutes into the sitting yesterday after opposition MPs protested the presence of Independent MP for Kaashidhoo Ismail Abdul Hameed, who was convicted of corruption on August 29 and sentenced to one year and six months banishment.

Hameed had since appealed the Criminal Court verdict at the High Court, which held a first hearing yesterday.

Responding to points of order raised by MPs Ilham Ahmed, Ali Arif and Ahmed Mahlouf objecting to his presence in the chamber, Hameed said he was “on holiday” from October 2 to November 22.

“I don’t believe there is any legal obstacle to my attending the Majlis,” he said.

Speaker Abdulla Shahid said parliament had not informed the Kaashidhoo MP that he could not attend sittings, noting that Hameed had the right to appeal the Criminal Court verdict.

After a series of consecutive points of order from both opposition and ruling party MPs, Shahid adjourned the sitting to discuss the issue with parliamentary group leaders.

Parliament Secretary General Ahmed Mohamed confirmed to Minivan News that MPs were informed that today’s sitting was cancelled to allow the Speaker to resolve the dispute through dialogue with the Majority Leader and Minority Leader.

A decision had not yet been made on going ahead with tomorrow’s sitting, he said.

Under article 73(c)(3) of the constitution, MPs found guilty of a criminal offence “and sentenced to a term of more than twelve months” would be stripped of their seat.

Article 78 of the constitution meanwhile states that “whenever there is a vacancy among the members of The People’s Majlis, an election shall be held within sixty days from the date of the vacancy. A by-election shall not be held within six months prior to a general election.”

Brawl in committee room

MP Ilham AhmedMeanwhile, a brawl broke out between MPs of the ruling Maldivian Democratic Party (MDP) and opposition Progressive Party of Maldives (PPM) MPs at an Economic Committee meeting yesterday.

PPM Media Coordinator and MP for Vili-Male’ Ahmed Nihan told Minivan News that MDP MP Ibrahim Rasheed threw a glass at MP Ilham.

“Bonda hit Ilham with the glass when he said that the [committee] meeting will unlawful if it was continued with MP Abdul Hameed,” Nihan said. ”He was injured and was admitted to ADK hospital after his chest was continuously bleeding.”

MP for Maafanu South Ibrahim Rasheed however denied the allegations and accused Ilham of “misleading the public.”

”He made that up and it is a big lie,” Rasheed said. ”I did not hit him.”

Speaking to private broadcaster Villa TV from ADK hospital yesterday, Ilham said yesterday’s sitting became heated over the convicted MP’s presence and the matter of a motion without notice submitted by opposition MPs regarding the MDP protest outside the Supreme Court not being tabled in the agenda.

“After the sitting was adjourned, we went to the committee,” he explained. “Even though we’re not members of the Economic Committee, we do attend meetings and speak there. We can speak even though we’re not members. We just can’t participate in voting. I said this is unlawful [with Hameed in attendance] and committee meetings could only take place after this is solved.”

Ilham said his remarks led to acrimonious verbal sparring between MPs, during which Bonda got up and threw the glass at him.

Secretary General Ahmed Mohamed told Minivan News today that a police forensic team arrived at parliament shortly after the incident and commenced an investigation.

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Expat nurse working in Gulhi raped

Police have arrested two men and a minor on suspicion of raping an Indian nurse working in the island of Gulhi in Kaafu Atoll.

Deputy Chair of the Gulhi Island Council, Abdulla Shiham, told Minivan News that the incident occurred last Friday night.

“That night a council member was phoned and informed about the incident at 12:30am in the morning,” he explained. “I myself went to the house where the nurse was staying and we reported it to the police right away. Police arrived the next morning because the weather was bad and no speedboat was available at the time.”

Police started their investigation the following morning, said Shiham, and arrested a 19 year-old, a 24 year-old and a minor.

“The nurse has worked for the island for almost five years and she has helped the islanders in many ways,” he continued. “We condemn this action with the strongest possible terms and we call on police and judiciary to give them the harshest penalty possible, even to the minor.”

Islanders were all frustrated and sad about the incident, the council chair said.

“When the doctor in the island health centre goes for vacation the nurse will not let us feel the absence of the doctor, she cares for the islanders very well, even if we asked she would open the health centre at midnight,” he added.

While the nurse wanted to come back to work for the island, Shiham said her husband did not want her to stay there any longer and she left the next day.

Police Sub-Inspector Ahmed Shiyam confirmed the arrests were made and said the investigation was underway.

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Gassan summoned to Criminal Court

The Criminal Court has summoned Gassan Maumoon, son of former President Maumoon Abdul Gayoom, after his lawyers Aishath Azima Shukoor and Mohamed Waheed filed a case against the police claiming that his arrest Monday morning was unlawful.

Gassan was arrested and taken to Dhoonidhoo police custodial this morning after he allegedly dropped a large piece of wood on Maldivian Democratic Party (MDP) protesters gathered near his house on Thursday.

Today in court Gassan’s lawyers claimed that the arrest was unlawful and violated the Supreme Court’s procedure on arresting persons.

However, the police have submitted witness statements and evidence to court, and requested an extension of detention for further investigation.

Last Thursday 17 year-old Hussein Hassan was critically injured by a piece of wood while he was inside a group of MDP members protesting against manipulation of the judiciary by members of the former government. A spokesperson for Indira Gandhi Memorial Hospital (IGMH) later said his condition had stabilised.

MDP supporters alleged that Gassan had dropped the piece of wood that hit Hassan, while supporters of the former Presdient’s Progressive Party of Maldives (PPM) claimed it was thrown by MDP supporters.

PPM supporters gathered near the Criminal Court today calling for the immediate release of Gassan.

Protesters also attempted to break through police lines and enter the court area. However, leading PPM figures controlled the protesters and asked them to be quiet until the hearing had concluded.

Police today blocked the roads to the Criminal Court and have maintained control of the whole area.

The hearing started at 4:00pm this afternoon and was still continuing four hours later.

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Police Integrity Commission requests PG prosecute former Deputy Commissioner Rishwan

The Police Integrity Commission (PIC) has concluded its investigation into complaints filed by several individuals claiming they were unlawfully arrested and mistreated in custody in July 2010, requesting former Police Deputy Commissioner Mohamed Rishwan be prosecuted for alleged violation of the Police Act.

According to local media citing the PIC investigation report, Rishwan admitted to giving the order to his subordinates to cut the hair of several individuals arrested during a special operation, including minors.

PIC Chairwoman Shahindha Ismail did not respond to Minivan News at the time of press.

Rishwan meanwhile resigned from the post of Deputy Commissioner on July 12 this year, informing local media that he wished to spend more time with his family.

In July last year, police and the Maldives National Defense Force (MNDF) arrested almost 60 people, including children, in a joint special operation launched to curb the rise in gang violence.

Many arrested at the time claimed that their mobile phones and personal belongings were confiscated and not returned when they were released.

Almost everyone arrested in the operation was released without any charges.

A number of those arrested claimed they were mistreated and abused in custody, including being forced to remove their clothes, blindfolded and beaten.

“I was arrested while I was on the way to Dharumavantha Scool to get a document,” one of those arrested told Minivan News in July 2010. “While I was waiting near the traffic lights on Sosun magu, two policemen and two MNDF officers told me to be freeze, came up behind me and handcuffed me and my friend.”

“I asked them on what charges they were arresting me, and where they were taking me, and they said they needed me to clarify some information.”

He said the officers pushed him into a police bus and blindfolded him with his hands tied with clips.

“They took me to a place and removed my silver ear-rings, my bracelets, necklace and sunglasses,” he claimed. “Then they took me to a place and removed the blindfold on my eye, and ordered me to remove my clothes. I refused, but I had no other choice so I did, and they told me to bend over. They harassed me verbally and physically.”

He said the officers were covering their faces.

“After checking me they blindfolded me again, and then took me to somewhere else. I asked them where they were taking me, they said that I should speak only when I am spoken to,” he said. “They pushed me into another room, where they trimmed my hair. When I tried to refuse, they hit beat me.”

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MDP calls for justice for 17-year-old injured outside Endherimaage

The ruling Maldivian Democratic Party (MDP) has condemned “the uncivilised, cowardly and inhumane attack” on 17-year-old Hussein Hassan, Gaaf Dhaal Thinadhoo Semy, who was struck on the head with a wooden plank allegedly thrown from Maafanu Endherimaage, residence of former President Maumoon Abdul Gayoom.

An MDP protest against the judiciary last Thursday turned violent outside Endherimaage after the 17-year-old was injured from the object, which eyewitnesses claimed was hurled from the second floor balcony of the building while the protesters led by MDP MPs and senior officials were passing below.

In a press statement released today by the MDP parliamentary group, the ruling party said the left side of the boy’s brain was not properly functioning and he could not recall past memories as a result of the injury.

“The Maldivian Democratic Party urges all relevant authorities of the state to bring everyone who took part in this lowly, inhumane act to justice,” it reads. “MDP will be watching how the investigation is progressing very closely and the party would like to assure the family of the injured boy as well as our members that we will take all necessary legal action in this case.”

Minivan News journalists at the scene on Thursday observed gravel, stones, hot water and sharp metals raining down on the protesters from Endherimaage.

The protest quickly turned violent after the boy was rushed to Indira Gandhi Memorial Hospital (IGMH) by MDP MPs on a passing pickup near Athena cinema. MDP activists threw rocks at Endherimaage, smashed a window and attacked Gayoom supporters blocking the entrance.

Speaking at the MDP Haruge Friday night, former Chairwoman Mariya Ahmed Didi, who was in the front line of the protest march, said the wooden plank that injured the boy was with the police.

“They still haven’t apologised to the people for this,” she said. “This happened in broad daylight from that house [Endherimaage].”

Meanwhile, MDP MP Mohamed Musthafa called on Home Minister Hassan Afeef to resign from his post claiming the Home Ministry and law enforcement agencies were “failed institutions.”

“A wooden door was dropped from the building where former President was living, and Gassam Maumoon was summoned to the police headquarters and was allowed to walk away freely,” Musthafa said. “Letting him get away with it has showed us that the police and the Home Ministry has failed.”

Musthafa, who beat the former President’s son to win the Thimarafushi seat in a re-vote ordered by the High Court, alleged that Gassan was arrested in the UK for a hit-and-run accident where a British citizen died.

“There should be no protection or immunities for any son or daughter of former president because all of them are above 18,” Musthafa said. “Hassan Afeef was afraid of former President, he fears that he might lose his job or something.”

After Musthafa circulated a text message to MPs and Police Commissioner calling for Afeef’s “immediate resignation,”  he said Afeef later sent him a text saying “get lost.”

Afeef told Minivan News today that did not wish to comment on the issue.

Meanwhile, local daily Haveeru reports that according to the former President’s lawyer Mohamed Waheed Ibrahim ‘Wadde’, Gassan has been sent a summons chit to appear at the police headquarters at 10:00am tomorrow for further questioning.

Waheed claimed the wooden plank that injured the 17-year-old was thrown by an MDP protester.

After responding to the first summons, Gassan Maumoon told reporters outside police headquarters Saturday afternoon that he exercised the right to remain silent after “it appeared from some of their questions that they were accusing me.”

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Styrofoam incubator “an alternative method”, says atoll hospital

Manager of Noonu Atoll hospital Mohamed Najeeb has said that carrying a baby inside a styrofoam box in certain circumstances was not a big issue, and had been used in the previous years as an alternative method to transfer babies in critical conditions when an incubator was unavailable.

Last week some doctors criticised Noonu Atoll Hospital after doctors at the hospital transferred a newborn baby in a critical medical condition to Male’ inside a styrofoam box, because the hospital did not have an incubator.

“In past years in several workshops they taught us this method and said it could be used as an alternative when an incubator was unavailable,” Najeeb said. “We know of two methods that could be used in situations like this: one is to wrap the baby with cloth while transferring him, or to carry him inside a box,’’ Najeeb told Minivan News. ‘’The towel method was not fit for the baby’s situation because the baby was having seizures.’’

He said the baby was sent to Male’ with oxygen and nurses from Noonu Atoll Hospital, and the hospital decided to use the box method to maintain the infant’s temperature because they were travelling a speedboat and the winds would be high.

He also said that when dealing with such cases the method has been proven to be suitable, adding that the baby was transferred to Male’ without his condition deteriorating.

“The latest I heard about the baby was that Indira Gandi Memorial Hospital (IGMH) had asked the baby’s parents to take him abroad for more treatment,’’ Najeeb said.

Director General of Health Services Dr Ibrahim Yasir meanwhile said the Health Ministry was investigating the case.

“The situation does not appear to be abnormal, the doctor has even advised that a styrofoam box can be a suitable substitute for an incubator,” Dr Yasir said.

“There is shortage of incubators, which is being considered in the investigation. We are trying to find out if the doctor’s recommendation can be approved.”

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Mother of abandoned milk can infant sentenced to one year imprisonment

The Criminal Court has sentenced the mother of a prematurely born baby found inside a milk can in ViliMale’ on May 19 to one year imprisonment.

Aminath Shaira, 30 of Manadhoo in Noonu Atoll, was charged with disobedience to an order under article 88(a) of the 1968 penal code as well as violations under the Child Protection Act.

Her accomplice in the crime, Mariyam Rizna, 18, of Guraidhoo in Kaafu Atoll, was sentenced to six months for assisting Shaira in delivering the baby. Rizna’s fingerprints were found on the Coast Milk can.

The third suspect however, Aishath Aniya, 24, of Huraa in Kaafu Atoll, was released after the court determined that there was not enough evidence to prove that she provided abortion pills to the defendant.

Police Sub-Inspector Ahmed Shiyam told Minivan News at the time that the dead child, believed by forensic examiners to have been born three months premature, was discovered in the discarded container near the powerhouse area of the residential island.

In the same month, a dead infant was been found in a plastic bag in the swimming track area of Male’. A medical examination later concluded that the baby’s had sustained cuts, bruises and other wounds.

In November 2010, another abandoned newborn was discovered alive in bushes near the Wataniya telecommunications tower in Hulhumale’.

Abortion is illegal in the Maldives except to save a mother’s life, or if a child suffers from a congenital defect such as thalassemia. Several studies on HIV in the Maldives have identified risk factors, including high levels of promiscuity and little use of contraception. Anecdotal evidence points overwhelmingly to a high rate of abortion.

In January 2010, Minivan News reported that many women unable to travel to Sri Lanka resort to illegal abortions performed by unskilled individuals in unhygienic settings.

Abortion-inducing pills and injections administered by amateur abortionists are one recourse while others turn to harmful vaginal preparations, containing chemicals such as bleach or kerosene. Although infrequent, some insert objects into their uterus or induce abdominal trauma, such is the stigma of having a child out of wedlock.

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