Author: Hassan Mohamed

State companies dismissing May Day protesters from jobs

The state owned utilities company Fenaka Corporation has dismissed two employees without notice for their alleged participation in an antigovernment protest on May Day, amidst growing concern that other state owned companies are considering similar actions against opposition supporting employees.

“The notice for dismissal I received said I had taken part in an act against the state. But my contract does not state I cannot take part in political activities,” Ibrahim Didi, a Fenaka employee told Minivan News today.

A Fenaka supervisor in Addu City, Abdulla Sodig, was accused of traveling to Malé to participate in the May Day protest and was fired.

“I was in Male’ but I did go to the protest. I have requested the company to review the situation and reverse their decision,” he said.

Nearly 200 people were arrested and scores injured when violent clashes broke out in the capital Malé.

Approximately 20,000 people took to the streets on Friday against the imprisonment of ex-president Mohamed Nasheed in the largest antigovernment protest in a decade. Two police officers were also severely beaten.

On Saturday, ruling party MP Ahmed Nihan urged the government to track down civil servants and employees of state owned companies who had participated in the protest and dismiss them immediately.

The Maldives Ports Limited (MPL) had earlier warned employees it would fire anyone seen at the May Day protest, but a senior manager Ahmed Athif said the company has not yet received any reports their employees had taken part in the protest.

 

Employees of the Maldives Customs Services told Minivan News they are being shuffled between departments due to their political views.

“We haven’t gotten direct threats or anything like that but people are being shuffled around departments because of their political views. These are acts of intimidation,” a senior officer who wanted to remain anonymous said.

He also said employees are asked to attend ruling party events even as they face reprisals for taking part in opposition activities.

“We got an internal memo asking to participate in a PPM event earlier. It said employees are advised to attend the event to show support for the ruling party,” he said.

But the commissioner general of customs Abbas Adil Riza rejected claims of intimidation.

“The customs always has and will always follow the rule of law. We will not intimidate or scare our staff,” he said.

Meanwhile, a former customs employee has said he was fired for taking part in an opposition demonstration on February 27.

“I served for 36 years in the government out of which 34 years I spent in the customs. I took part in the opposition February 27 protest and was asked to either resign or face being fired. I resigned,” he said.

In March, at least four employees of State Electric Company Limited (STELCO) and one from Malé Water and Sewerage Company (MSWC) were dismissed, and at least five were suspended from MPL over the February 27 demonstration.

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Nasheed calls on prosecutor general to appeal terror charges

Former president Mohamed Nasheed has called on the prosecutor general to appeal his terrorism conviction and 13 year jail term amid growing international criticism of the flawed trial.

Nasheed’s lawyers say they were unable to lodge an appeal at the high court within the shortened ten day period due to the criminal court’s failure to provide a full report of case proceedings, but say the PG can lodge an appeal at any time, “without discussions, without permission.”

Lawyer Hassan Latheef said PG Muhthaz Muhsin has an important role in “bringing an end to the distresses of the international community on his own initiative.”

The PG can uphold the constitution and “save the Maldives from the storm that is about to come from international pressure,” he added.

The UN office of the human rights commissioner on Friday said Nasheed’s trial “was vastly unfair and his conviction was arbitrary and disproportionate.”

The EU parliament last week urged the government to free Nasheed immediately, while US secretary of state John Kerry said Nasheed’s imprisonment is an “injustice that needs to be addressed soon.”

Nasheed’s wife, Laila Ali, has also asked the UN working group on arbitrary detention to rule Nasheed’s imprisonment illegal.

PG Muhsin, however, has dismissed Nasheed’s call, saying the high court would accept an appeal despite the expiration of the appeal period.

“The High Court regulation allows Nasheed to appeal the case still. Why doesn’t he do it himself? I personally think this case has a high possibility of being accepted at the high court since Nasheed is a former president, since it is related to a judge and since it is a terrorism charge.”

Muhsin said Nasheed’s lawyers are now politicizing the case.

The Supreme Court had shortened the appeal period  from 90 days to 10 by annulling provisions in the judicature act, just a month before Nasheed’s arrest. The high court has previously said judges have the discretion to accept late appeals, but lawyers say the apex court’s ruling had removed the discretionary powers.

Nasheed’s lawyers had previously called on President Abdulla Yameen to reduce Nasheed’s sentence and release him under special provisions in the Clemency Act. But the president’s office has refuted the claims.

On Friday, in Geneva, a legal advisor to the UN, Mona Rishmawi also noted the clemency act provided an avenue for Nasheed’s release.

Following a visit with Nasheed in late April, Rishmawi said Nasheed “seemed to be in good spirits, but was not relaxed as he was facing 13 years in prison; he also worried a lot about his safety.”

According to the main opposition Maldivian Democratic Party, tens of thousands have signed a petition calling on the president to release Nasheed. Supporters attempted to deliver the petition to the president’s office on Thursday, but were turned back by the police.

The opposition’s daily protests over the imprisonment of Nasheed is continuing. Two former defence ministers and an MP have also been jailed on various charges last month.

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Government dismisses US secretary of state’s comments as ‘personal views’

The government has dismissed US Secretary of State John Kerry’s comments over threats to democracy in the Maldives as his personal views.

Speaking to Haveeru, acting foreign minister Mohamed ‘Mundhu’ Hussain Shareef said the US government had not officially shared the concerns with the government and insisted Kerry’s remarks were his own opinion.

“We have strong relations with America,” he was quoted as saying by Haveeru.

Kerry’s comments came after clashes erupted between protesters and police following a historic antigovernment protest on Friday. Nearly 200 protesters were arrested.

“We’ve seen even now how regrettably there are troubling signs that democracy is under threat in the Maldives where the former president Nasheed has been imprisoned without due process,” Kerry told the press in Sri Lanka on Saturday.

“This is an injustice that needs to be addressed soon.”

Shareef was unavailable for comment today.

The president’s office spokesperson Ibrahim Muaz also declined to comment.

Nasheed is serving a 13 year jail term on terrorism charges. The trial was widely criticised by foreign governments, international bodies and human rights groups.

Kerry had met with Nasheed’s wife, Laila Ali in Washington before his visit to Sri Lanka.

Nasheed’s international lawyers have asked the UN working group on arbitrary detention to rule the opposition leader’s arrest arbitrary and illegal.

Nasheed’s arrest on february 22 sparked daily protests across the country. The Jumhooree Party and the Adhaalath Party split from the ruling coalition and allied with Nasheed’s Maldivian Democratic Party over increased authoritarian tactics by the government.

Approximately 20,000 protesters took to the streets on Friday against the government’s ‘tyranny.’ The march is the largest antigovernment action in the past decade. Clashes erupted when protesters attempted to enter the city’s main Republic square at dusk.

Police used stun grenades, thunder flashes, tear gas and pepper spray to disperse the crowds and confrontations continued into the early hours. Scores were injured, 193 people arrested and two policemen severely beaten by protesters.

Later that night, police arrested Adhaalath Party president Sheikh Imran Abdulla, deputy leader of JP Ameen Ibrahim and MDP chairperson Ali Waheed.

The police have said the opposition must give prior notice before holding a protest.

Meanwhile the UN human rights office on Friday said Nasheed’s trial was “vastly unfair, arbitrary and disproportionate.”

Briefing the press in Geneva, Mona Rishmawi, who heads the office on rule of law, equality and non-discrimination, said Nasheed’s 19-day trial was politically motivated and was reached by judges wielding “incredible discretionary powers.”

The European parliament has also passed a resolution urging the government to release Nasheed immediately.

However, the government remains defiant, with the foreign minister saying President Abdulla Yameen’s government will not comply with demands from foreign governments to “meddle” in judicial affairs and release a convict.

In an interview with state broadcaster TVM, Dunya Maumoon said the Maldives would become “enslaved” and lose its independence if the government accepted such demands.

Foreign governments do not wish well for the Maldives, she continued and called on the public to protect the country’s institutions, independence and sovereignty.

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Government takes control of state media

The government has seized control of the state television and the radio stations through a new law, in a move journalists and the opposition say will undermine press freedom in the Maldives.

President Abdulla Yameen today ratified the Public Service Media Act and dissolved the old Maldives broadcasting corporation and its five member board.

The president has proposed seven individuals to a new governing board, who are expected to gain approval from the ruling party dominated parliament. Umar Manik, the chairman of the former broadcasting corporation board, is the only incumbent who will sit on the new board.

Others nominated include Ibrahim Khaleel, CEO of private Villa TV, Ikram Abdul Lateef, former official at Villa TV, and Aiminath Shayan, a TV presenter and the wife of a ruling party activist.

A parliamentary committee today approved the nominations without an interview.

A senior editor who wished to remain anonymous said the new law is an attempt by the government to take control of the public broadcaster.

“The new law does not accept the concept of a public broadcaster. It will now simply act as a mouthpiece for the government,” he added.

The main opposition Maldivian Democratic Party (MDP) says the new law is aimed at spreading “government propaganda.” Opposition MPs continued their daily protests inside the parliament during the vote.

The opposition has been protesting since Majlis reconvened on March 2 over the imprisonment of former president Mohamed Nasheed on terrorism charges. The ruling Progressive Party of the Maldives (PPM) has pushed through several pieces of legislation without significant debate amidst protests.

According to parliament minutes, PPM MP Riyaz Rasheed during a brief debate on the new bill said a new body to govern state media is necessary as the former broadcasting corporation had provided coverage of the campaign to free Nasheed.

“But all the events, overseas trips of the president and the services the government is providing each and every day is completely ignored by the state media,” he said.

The new law also requires the state to distribute a printed daily newspaper and use social media to disseminate programmes.

“The law requires public service media to establish and run their news and programs through social media. This is an attempt to spread propaganda at all levels of the media,” said MDP MP Imthiyaz Fahmy.

The managing editor of local daily Haveeru, Ismail Naseer, expressed surprise at the decision to start a government newspaper saying: “Even in other countries, we don’t see the state distributing a printed newspaper. If you look at it newspapers are a thing of the past, this is the era of digital journalism. So I don’t understand why the public media service has to run a print edition.

“Also the cost of running a newspaper will be very expensive. And I believe if the state is running a paper it has to be made available for every person including the people in the atolls. We have been in this business for 35 years and still find that task to be impossible.”

Former chairman of the broadcasting corporation, Umar Manik, however, defended the new law saying it would improve the day to day running of the state media.

“I take this as a positive move to further improve the public broadcaster. We were not influenced before and I am very confident that we will not be influenced by the government in the future as well,” he said.

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Ex president transferred to high security prison

Former president Mohamed Nasheed was transferred from a low security prison to a maximum security jail located close to the capital Malé last night.

The opposition leader’s lawyers have raised concern over what they say is an arbitrary transfer from one jail to another which is located on two different islands, and say his family was not given notice before the transfer.

Lawyers said they had visited Nasheed in Asseyri jail on Himmafushi Island on Monday afternoon but the corrections department had not informed them of an impending transfer.

Nasheed’s family and the main opposition Maldivian Democratic Party have repeatedly expressed concern over alleged plots by the government to assassinate the opposition leader. But the government has dismissed the allegations as slanderous and baseless.

The opposition is meanwhile planning a 25,000 strong march in the capital Malé on Friday demanding the government free Nasheed and other politicians.

The former president is serving a 13-year jail term on terrorism charges relating to the detention of a judge during his tenure. He was convicted on March 13, but was held under police custody at the Dhoonidhoo Island remand centre until his transfer to Asseyri Jail on April 21.

Home minister Umar Naseer announced Nasheed’s transfer to Maafushi Jail at 10:30pm last night in a tweet.

The home ministry has previously said the special apartment constructed for Nasheed measures 264-square foot, with a sitting room and is furnished with air-conditioning, a television and VCD player.

The special apartment will also have a 1,087 square foot garden and Nasheed would be able to “live with other inmate friends.”

Nasheed’s lawyers have also raised concern over the identity of the “inmate friends” Nasheed is to be incarcerated with, and say the prison apartment is located adjacent to the prison garbage dump and is “highly unsanitary.”

The human rights commission of the Maldives had previously said old cells at the location were unfit for human habitation.

Lawyers said family visits and phone calls to the family have been restricted since his transfer to jail.

However, the home ministry says the former president’s family and supporters have no reason for concern stating: “Nasheed is fully under the security and protection of Maldives Correctional Services. He will get the security and protection from the correctional services. Plus he is a VIP prisoner, so he will be offered comforts including TV and so on”.

“This is not a sudden transfer,” home ministry spokesperson Thazmeel Abdul Samad said, adding Nasheed was transferred to Maafushi as soon as the prison apartment was completed.

Nasheed’s trial was widely criticised by foreign governments, international human rights organisations and the UN for its lack of due process.

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Legal status of penal code thrown into doubt

The new penal code is now in force despite parliament delaying its enforcement to July 16, the state human rights watchdog and prominent lawyers have contended .

A provision for postponing implementation of the new penal code was included in an amendment bill passed on April 12, a day before the new law was due to come into force.

The new penal code was ratified on April 13, 2014 with a one-year period for preparation.

The bill changed the date of enforcement from April 13 this year to July 16.

However, the bill stated that the amendments – including the provision for postponement – “will come into force starting from July 16, 2015.”

The provision for postponement was therefore inconsequential as it has not become law, the Human Rights Commission of Maldives (HRCM) and lawyers Maumoon Hameed and Shaheen Hameed argued.

By following the old penal code, Maumoon Hameed said the state is presently enforcing “a law that does not exist.”

The HRCM wrote to the attorney general and prosecutor general last week seeking clarification of the legal dispute, saying it is unclear which criminal law the police, prosecutors, and courts are presently following.

The commission said it was “extremely concerned” about resulting human rights violations in the investigative and judicial processes.

Prosecutor general Muhthaz Muhsin told Minivan News that “as a common rule the old penal code would be in force now”.

“I cannot say anything specifically about the issue until the office has responded to the HRCM’s letter. Also, it is not my role to criticise laws but rather uphold it,” he said.

Former Chief Justice Ahmed Faiz meanwhile dismissed the legal questions surrounding the penal code as an unjustifiably narrow approach in interpreting the law.

He said the “amendment makes it clear that the new penal code will come into effect starting July 16.”

“The amendment will also become part of the law. So the penal code now states the date it would come in to effect. We cannot simply single out one article and interpret the whole law. I think it’s quite clear,” he told Minivan News.

However, lawyers Maumoon Hameed and Shaheen Hameed insisted that the new penal code has replaced the old law.

There are presently no obstacles to enforcing the new penal code, Maumoon Hameed told Minivan News today.

“The new penal code states the old law would be dissolved when the latter law comes into effect. So I believe that the state is implementing a law that does not exist,” Hameed said.

Shaheen Hameed, former deputy speaker of parliament, also said he believes “the new penal code is in effect now”.

The current penal code was adopted in the 1960s and has been widely criticised as outdated, draconian and unsuited to the 2008 constitution.

The main opposition Maldivian Democratic Party had said the postponement was a “politically motivated attempt to continue using the current penal code as a means to harass and intimidate the opposition.”

Under the new code, the punishment for protesters who do not have a criminal record will be less severe as judges are required to take mitigating factors into consideration under new sentencing procedures.

However, the ruling party said more time was needed to raise public awareness and address concerns of religious scholars.

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Opposition invites civil society to join anti-government May Day rally

The opposition alliance has invited civil society groups and worker’s associations to join its anti-government May Day mass rally.

NGOs and civil society organisations have a responsibility to bring an end to the alleged injustices of the current administration, former deputy gender minister Sidhaatha Shareef told the press today.

“The civil society is the fourth power of the state. But today we see the government narrowing their rights to make them useless,” said Sidhatha, a senior member of the religious conservative Adhaalath Party.

The ‘Maldivians against brutality’ alliance, made up of the main opposition Maldivian Democratic Party (MDP), the Adhaalath Party (AP) and leaders of business tycoon Gasim Ibrahim’s Jumhoory Party (JP) claims at least 25,000 people will take part in the May Day protest.

Leaders of the alliance have been traveling across the country to rally support ahead of the demonstration, issuing stern warnings to the government and urging opposition supporters to converge on the capital on May 1.

Political tensions have been running high since the sentencing of former president Mohamed Nasheed and ex-defence defence minister Mohamed Nazim to 13 years and 11 years in jail, respectively.

Earlier this week, tourism minister Ahmed Adeeb challenged the opposition to a confrontation on May 1, prompting fears of a stand-off and civil unrest.

Mauroof Zakir, secretary general of the Tourism Employment Association of Maldives (TEAM), told Minivan News that the group will consider accepting the invitation after internal discussions.

“TEAM will analyse what would be the benefits of us joining in the rally. We will look into what the employees of the tourism industry will get from joining them,” he said.

“It is possible TEAM will decide on participating after discussions.”

The influential NGO is currently preparing a petition – with more than 5,000 signatures to date – demanding implementation of the government’s pledges to distribute resort shares to employees and establish a US$600 minimum wage.

Teachers Association of Maldives (TAM) said it will not participate in the opposition rally, stating it would affect their credibility as an association free of political influence.

“TAM is currently working on solving problems through negotiations. We wouldn’t want to be seen as an association sided with a political party or influenced by politicians,” said Ali Nazim, the secretary general of TAM.

Meanwhile, Sobah Rasheed, a senior JP member, said at today’s press conference that the political parties and the civil society are working towards a common goal.

“Today, both the civil society and the political parties are working to protect our human rights, to secure our civil rights which are increasingly being diminished by this dictatorial regime,” he said.

“This does not make the NGOs political but rather they are playing a crucial role in saving the nation.”

The government has been “brutal” in consolidating powers, contended former MDP MP Ahmed Easa, a former president of TEAM.

“Everyone knows that the civil service commission is ruled inside the president’s office. That is also brutality. Someone has to stand up for the rights of the civil servants. Trade unions, local NGOs and the political parties have a responsibility to fight for their rights,” he said.

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Court releases Maldivian accused of kidnapping Bangladeshi migrant workers

The criminal court yesterday released a Maldivian man suspected of kidnapping, beating and robbing two Bangladeshi migrant workers.

Police officers broke into a second floor office apartment in Malé in the early hours of Monday morning after receiving reports of the kidnapping and arrested the 34-year-old suspect.

“Police found the two Bangladeshi men aged 23 and 24 in the apartment with noticeable bruises. Our investigations found the two Bangladeshis were robbed of a large sum of money,” said police.

The suspect was released after he was taken before a judge for extension of remand detention.

Police are searching for a Bangladeshi and a group of Maldivians suspected of involvement in the kidnapping.

Minivan News understands the Criminal Court released the suspect citing the lack of an arrest warrant authorising entry into the apartment. The court also said the suspect was not arrested from the crime scene.

However, police said “the suspect was detained at the crime scene.”

The Maldives Police Service with the help of the prosecutor general’s office has since appealed the Criminal Court’s decision to release the man.

According to legal experts, the constitution allows police to enter a private residence without a warrant under special circumstances.

“The constitution provides circumstances for police to enter a household without a warrant if they have sufficient evident of a life being threatened,” said Mohamed Shafaz Wajeeh, a lawyer.

“But establishing the circumstances in court would fall on the institution that wants to extend the period of custody.”

Speaking to Minivan News, the owner of the house in the Galolhu ward where the two Bangladeshis were held captive said the pair were kept at a leased second floor apartment.

“The police came around three in the morning. They called several times to open the door and broke in after the people inside did not respond,” she said.

“I think the Maldivian they arrested was not even sober.”

The leased apartment is the offices of Bisado Maldives, a recruitment and employment agency established in 2014, according to their Facebook page, and Brexco Private Limited, a registered construction company.

Local NGO Transparency Maldives (TM), which provides legal aid to locals and expatriates, expressed concern over the “lack of priority for foreign worker rights”.

“Expatriates are in a vulnerable situation in Maldives. It is very important that society sees and seeks the rights of foreigners at the same level as the locals,” said Ahid Rasheed, a senior project coordinator at TM.

The police also face challenges in successfully closing criminal cases involving foreign workers, the NGO noted.

“In many cases we have seen the sponsors send them back to their countries if any problem arises. So we have difficulties in judicial process, mainly in getting witness statement in courts,” a police media official said.

The former Bangladeshi High Commissioner for Maldives, Selina Mohsin, described the situation of Bangladeshi workers in the country as “bizarre and horrifying” after a spike in violence against migrant workers last month.

A Bangladeshi waiter in a local café was murdered in March and four others stabbed the following week. In 2014, police rescued a Bangladeshi held captive in a migrant workers accommodation block while a chained man was discovered by locals in 2009.

The vice president of the Human Rights Commission of Maldives Ahmed Tholal has described the recent spate of attacks against Bangladeshi workers as “hate crimes”.

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New regulations require inmates to shower twice a day

The government has imposed stricter standards of personal hygiene in prisons and limited the length to which inmates can grow their facial hair.

The regulation on inmates’ discipline requires inmates to shower twice a day and clean their cells under the supervision of Maldives correctional services officers.

The stricter sanitary measures are expected to reduce the spread of diseases and will improve prison cleanliness, said commissioner of prisons Mohamed Husham.

“Skin diseases are very common in jail. Before these regulation were written, we could not tell a prisoner to even take a shower. Now we can, which will benefit both the prisoner and his cell mates,” Husham said.

The new regulation also requires male prisoners to shave their facial hair completely or keep a two-inch beard. Inmates cannot shave their heads, and hair must be kept at two centimeters.

An inmate from Maafushi Jail told Minivan News there is a lot of resistance to the new regulations.

“A majority of inmates are against it because it dictates our appearance. Plus some of us grow our beards because of religious beliefs. We won’t obey the rule. But I think there will be some who will,” he said.

Some religious scholars have expressed concerns over the provision requiring shorter beards.

“Islam requires men to grow their beards long. So no one can impose a ban on that which God has instructed us to do. It also goes against the Maldives constitution which states that no law or regulation should be made against Islamic principles,” said Dr Iyaz Abdul Latheef, the vice president of the Figh Academy.

Husham, however, defended the regulations saying it “establishes a disciplinary standard for the inmates. The appearance of prisoners is also important in the rehabilitation process.”

The commissioner of prisons said he had expected some controversy over the beards, but said: “My point is the inmates are here to be disciplined and rehabilitated. There should be an established standard on how inmates should keep their beards as well.”

Vice president of the human rights commission of the Maldives, Ahmed Tholal, says he has “some concerns” over the new regulations, but said he cannot disclose further information without a discussion among the five commissioners.

Staff at the correctional services in 2012 got the Maafushi court to annul a regulation banning them from sporting beards, but the High Court overturned the verdict citing a procedural mistake.

 

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