Author: Daniel Bosley

Half of cabinet to be provided with MNDF bodyguards

Seven of the government’s 14 cabinet ministers have been assigned Special Protection Group (SPG) bodyguards from the Maldives National Defence Force (MNDF).

Colonel Abul Raheem of the MNDF said that the bodyguards had been designated upon the ministers’ request.

SPG bodyguards are of the same type provided to the President, Vice President and the Speaker of the House.

When asked if this was in response to any specific threats, Raheem was keen to point out that the move had not come as a specific response to recent events.

“This is not because of what happened recently – security guards have been requested previously,” said Raheem.

The security of government officials has become a prominent issue in the country following the murder of MP Dr Afrasheem Ali last week.

Following the murder, parliament’s ’241′ Security Committee summoned Commissioner of Police Abdulla Riyaz to discuss issues including the MP’s murder and politicians’ safety.

After failing to resolve the case, the police revealed earlier this week that they will seek foreign assistance in its investigations.

Earlier this week former Education Minister Dr Musthafa Luthfy called for a review of security arrangements afforded to Maldivian politicians over fears of an increase in “orchestrated” political attacks in the country.

The comments were made after Luthfy had been struck in the face on October 6 by an unidentified assailant on the island of Kanduhulhudhoo, Gaafu Alif Atoll.

Former President Mohamed Nasheed last week requested, in writing, that his Maldives National Defence Force (MNDF) security detail – provided under the Former President’s Act – not accompany him on a campaign tour.

The MNDF later released a statement saying that it could not take any responsibility for harm that might befall the former president whilst not under its protection.

A spate of high profile murders and an increase in assaults in the Maldives has led to criticism of the Home Minister Mohamed Jameel Ahmed, with some going as far as to table a no-confidence vote in the People’s Majlis.

This week the cabinet has urged the President to take immediate measures to ensure safety and security in the country.

Local media reported that the cabinet’s security committee had decided to review businesses offering 24 hour services, and that police will conduct increases vehicle checks in an effort to maintain peace on the streets.

The government also announced its decision yesterday to submit a bill which will govern the implementation of the death penalty.

Despite being on the statute books, the Clemency Act and a lack of facilitating legislation has resulted on a de facto moratorium on capital punishment since 1953.

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Former President returns to Addu for final leg of campaign trip

Former President Mohamed Nasheed has rejoined his party’s ‘Journey of Pledges’ in the southern atolls following his release from custody on Wednesday.

Prior to his original departure last week on the Maldivian Democratic Party’s (MDP) campaign trip, Nasheed was placed under a travel ban restricting his movements to the capital.

The Department of Judicial Administration have confirmed that Nasheed had requested permission before leaving the Male’ area to rejoin his party. The Foreign Ministry observed in a statement that Nasheed was no longer under a travel ban.

He has since flown south and rejoined his party which is currently in Fuvamulah in Gnaviyani Atoll, continuing its door to door programs and policy workshops in order to gather information ahead of the next election – scheduled for July 2013 at the earliest.

Nasheed had been returned to Male’ on Monday after the Hulhumale’ Magistrates Court ordered the police to produce him at the first hearing in the Judge Abdullah Mohamed detention case on Tuesday.

Nasheed’s lawyers asked the three member panel of judges to give them a time period of 30 days to study the evidence and prepare a defence.

The judges however gave a period of 25 days. They announced that the next hearing would be held on November 4, 2012.

He will fly back to Male’ after the completion of the campaign at the Equatorial Convention Center in Hithadhoo on Saturday October 13 while the rest of the five boat flotilla returns separately.

Information gathering

President of the MDP’s Youth Wing, Shauna Aminath, said that the trip had been extremely useful in gathering specific information on the situation in the atolls.

A similar trip is planned for the northern atolls before the end of the year.

Shauna said that the party had been made aware of the deficiencies in public service provision in a number of areas.

“At almost every island, people have said that since February 7 they have been having problems receiving benefits for single mothers and for those with special needs,” she said.

Shauna also noted a failure to provide consistent public transport as promoted under the Nasheed administration.

“Almost every island said the ferry system had been stopped by non-MDP councils,” said Shauna. “People have grown to appreciate the need for public transport – we found a way around the problems but the people who have the passion and commitment are not there.”

Shauna said that some ferry services were refusing to take small numbers of passengers while others even asked passengers to provide fuel for the service.

She also alleged that the party had gathered information regarding the sacking of MDP supporting government workers since February in what she described as a “witch-hunt”.

The seeming reversal of decentralisation policies observed in the trip – such as those concerning local health workers – was reminiscent of the “old style”  under the 30 year Presidency of Maumoon Abdul Gayoom, said Shauna.

In April the government announced its intention to annul provincial health and utility corporations in an attempt to streamline and improve service delivery.

The Local Government Authority (LGA) has said that it intends to revise the current system of local governance which it has described as prohibitively expensive for the country – which is said to cost US$12 million a year in salaries.

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Waheed government submits bill to facilitate death penalty

The government has announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

“It is currently a punishment passed by the judiciary and a form of punishment available within the penal system of the Maldives,” said Home Minister Dr Mohamed Jameel Ahmed.

“But for full guidance and matters governing the matter, legislation is required,” he added.

A meeting of the cabinet yesterday strongly condemned last week’s murder of MP Dr Afrasheem Ali and urged President Dr Mohamed Waheed Hassan to start taking immediate measures to ensure safety and security in the country.

President’s Office spokesman Masood Imad said that the government had received a large number of calls for implementing the death penalty.

“We are having enormous pressure since these high profile murders,” he said. “We have indications – the talk around the town – that there will be more murders.”

The Maldivian Democratic Party (MDP) has this week proposed a no-confidence motion against the home minister, citing the unprecedented instances of murder and assault in the country since he assumed office in February.

Afrasheem’s murder was the 10th in the small country this year, sparking much debate on the death penalty.

Following the murder of high profile lawyer Ahmed Najeeb on July 1, two people were sentenced to death after Najeeb’s heirs opted for qisas (equal retaliation) rather than blood money.

Public outcry over Najeeb’s murder prompted Chief Justice Ahmed Faiz to declare that full enforcement of the courts’ rulings is necessary to maintain the effectiveness of the judiciary.

A case was submitted to the High Court in August, requesting that it annul the President’s ability to commute death sentences to 25 years imprisonment, provided in the Clemency Act.

Similarly, in April Ahmed Mahloof – parliamentary group member from the government-aligned Progressive Party of the Maldives (PPM) – proposed an amendment to the Clemency Act to ensure that the enforcement of the death penalty be mandatory in the event it was upheld by the Supreme Court.

In a comment piece written for Haveeru following Najeeb’s murder, however, Special Advisor to the President Dr Hassan Saeed warned that implementing the death penalty could be both arbitrary and prohibitively expensive.

Judiciary and human rights

The last execution in the Maldives came in 1953 when Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

Since that time, the Maldives has retained the practice of the death penalty for murder although Islamic Shariah tenets also give the courts the power to pronounce capital punishment for offences such as sodomy, fornication, apostasy and other crimes against the community.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

Jameel said that there was to be no re-consideration of the Clemency Act but that “necessary reform to legislation governing the criminal justice system will be undertaken by the government.”

Concerns over the judiciary were confirmed in the Commission of National Inquiry (CNI) report which investigated the events surrounding the resignation of former President Mohamed Nasheed in February.

The final report recommended that immediate steps be taken to improve the performance of the judiciary.

“The judiciary must enjoy public confidence and where there are allegations about judges’ conduct, the Judicial Services Commission must act in a timely and definitive way and report,” read the report.

Aishath Velezinee, formerly Nasheed’s appointee to the Judicial Services Commission (JSC), has said that corruption and an unreformed judiciary were the primary causes of crime in the country.

“Islam upholds justice, and not only has death penalty; it has very clear qualifications for judges too. Neither MP Mahloof, nor any of the Sheikhs, has expressed alarm that the judges are far below standard and some of them are convicted criminals themselves. This is pure politics and abuse of Islam,” she told Minivan News in a previous interview.

In July, the UN Human Rights Council (UNHRC) said it was “deeply concerned about the state of the judiciary in the Maldives,” as well as calling for the abolition of the death penalty, in order to ensure the Maldives’ compliance with International Covenant on Civil and Political Rights (ICCPR).

After speaking with a Maldivian delegation headed by Jameel, the council released a statement saying that the state had acknowledged both that the independence of the judiciary was severely compromised and that the death penalty did not deter crime.

Today marks World Day Against the Death Penalty – organised by an alliance of more than 135 NGOs, bar associations, local authorities and unions seeking the universal abolition of capital punishment.

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Police Integrity Commission Chair resigns citing institution’s failure to hold police accountable

Former head of the Police Integrity Commission (PIC) Shahinda Ismail has resigned from the Commission claiming “major difference of opinion” with other the reasons behind her decision to resign from the institution yesterday.

“For me, the commission is not heading in the right direction – when you look at the commission’s work of late, I didn’t feel it was working towards objectives stated in police act,” she said.

Article 19 of the Police Act charges the PIC with promoting police officer’s respect for law, to independently investigate any unlawful activities, and to enhance trust and confidence in the police.

“I don’t believe that sitting there would enable me to do anything good for this country,” said Shahindha, who questioned whether any of the country’s public institutions were helping the people of the Maldives.

“If police are allowed to act like this – there will never be an end to this,” said Shahindha who expressed her concern that repeated excuses made on behalf of the police will not bring an end to brutality or the abuse of power.

“What I’ve seen in the actions of institutions is that they have been giving a lot of space for the police to act with impunity.”

Shahindha’s resignation comes just days after the release of the second of three reports looking into incidents of police misconduct that surrounded February’s transfer of presidential power.

The recent report into instances of police brutality during the Maldivian Democratic Party’s (MDP) February 8 protests, included an addendum with Shahindha’s opinions after she was unable to agree with the conclusions of her fellow commission members.

The main point of disagreement emerged over the legality of the police’s breaking up of the protests, and the extent to which senior officers should be culpable for the ensuing violence.

Shahindha stated in the report that she saw acts of police on February 8 to have been against the law, and that she observed no valid reason for police to have broken up the MDP demonstrations in the manner they did.

She also stated that the Assistant Commissioner of Police Abdulla Fairoosh and then Acting Head of Police Specialist Operations Department Ahmed Shameem must be held responsible for not having carried out the responsibilities of their posts in a sufficient manner.

The remainder of the committee said that the police acted within the contours of the law and that acts of brutality were the sole responsibility of individual officers.

Shahindha stated that she could not understand the reason for these differences of opinion as she had no access to any information that was not seen by the other commission members.

“I really wouldn’t accuse anyone of any political activity or anything specific. People just don’t see things the way I see them,” she said.

The PIC’s Vice Chair Abdullah Waheed was unavailable for comment when called today. Waheed requested to be called back but was not responding to further calls at the time of press.

Waheed told Haveeru today that he believed Shahindha’s resignation was due to her husband’s departure to study in the UK.

“Since middle of July, Shahindha kept saying that she would leave the Commission as her husband was leaving abroad… So her statement to the media that she was resigning due to divergence of opinion comes as a real surprise,” said Waheed.

Shahindha’s husband, Hussein Shameem, confirmed to Minivan News that he had left his post as Deputy Prosecutor General in order to pursue further education in the United Kingdom.

Asked about the timing of her resignation, Shahindha said that she felt a strong responsibility to continue on the commission, despite ongoing problems.

“I waited mainly because this is the most important event ever involving the police. I was there when the incident took place. I played a vital role – I believed it was my responsibility,” she said.

Although she acknowledged problems with the commission before February 7, Shahindha described a more stark change in the atmosphere since February.

“The commission is in dire need of capacity building and I hope the state can provide necessary funding in order for the PIC to bring out sound conclusions. It needs capacity building in terms of its investigations,” she said.

Shahindha had previously expressed her scepticism over the ability of the PIC to handle the magnitude of the investigations following the release of the Commission of National Inquiry (CNI) report.

Despite finding that February’s transfer of power fell within constitutional limits, the report did acknowledge acts of police brutality and called for “assistance and encouragement” of institutions such as the PIC in order to increase “effectiveness and general performance.”

Shahindha stated that the Home Minister, who announced that the PIC would be tasked with investigating the abuses, was empowered to ignore PIC recommendations and had already done so.

Commenting on the arrest of former President Mohamed Nasheed this morning, Shahindha questioned the prioritisation of his case when cases of murder, rape and child abuse awaited trial.

Former Chairman of the MDP Ibrahim ‘Ibra’ Ismail has raised the same issue in a recent blog post, pointing out that there are currently over 2000 cases awaiting prosecution.

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Police issued with arrest warrant for Nasheed

Additional reporting by Mariyath Mohamed

The Hulhumale’ Magistrate Court has issued an order to the Maldives Police Service for the arrest of former President Mohamed Nasheed, asking them to bring him to a court hearing at 4:00PM on Tuesday.

Sub-Inspector Hassan Haneef confirmed that the new warrant gives the police powers of arrest after a previous warrant allowed them only to present the defendant in court with his consent.

The order has been issued in relation to the case of Nasheed’s arrest of Criminal Court Chief Judge Abdulla Mohamed last year.

Punishment for a person guilty of this offence is imprisonment or banishment for three years, or a fine of MVR 2,000 (US$129.70).

Nasheed was initially summoned to the court on October 1. After he failed to attend this hearing, instead heading to the southern atolls to campaign, the court ordered police to present him at the next hearing, scheduled for Sunday October 7.

Nasheed then sent a request to the Hulhumale’ Magistrate Court on Friday asking for the hearing to be rescheduled. The court rejected the appeal, saying that campaigning was not listed as a reason for absence in the legislation regarding summons.

He had planned to return to Male’ on Saturday October 13. No spokesman from the Maldivian Democratic Party (MDP) was able to respond to calls at the time of press.

Earlier today, the high court rejected former Nasheed’s appeal challenging the legitimacy of Hulhumale’ Magistrate Court, and its summoning of him in connection with this case.

Former MP and President of MDP Ibrahim ‘Ibra’ Ismail has also cast doubt on the validity of the Hulhumale court’s rulings.

“There is more than ample grounds to contend that the summons was issued by an unlawful panel of judges, sitting in an unlawful court, which had already issued an unconstitutional restraining order which was ultra vires,” said Ibra on his personal blog.

Last week, the MDP vowed to ignore all rulings made by the courts until judicial reforms were introduced.

Nasheed did not return to Male’ for today’s hearing, following which the court issued the current arrest warrant.

The high court has ruled that the order to arrest Nasheed and present him in court on Tuesday cannot be appealed.

An arrest warrant was issued for Nasheed – for unspecified charges –  shortly after his resignation in February although he was never detained by police.

Nasheed was arrested more than twenty times under the regime of 30-year president Maumoon Abdul Gayoom.

Since leaving the President’s Office, Nasheed has maintained that figures loyal to the former regime were behind his ousting, although the Commission of National Inquiry’s (CNI) final report in August found otherwise.

Nasheed is also currently facing civil court proceedings related to the defamation – labelling as traitors – the current minister of defence and police commissioner, both installed immediately following his resignation.

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Politicians and businessmen funding gangs to attack opponents: Asia Foundation

Politicians and businessmen are paying gangs in the Maldives tens of thousands of rufiya to assault rivals, damage property, and in some cases have them killed, according to a report into the country’s gang culture by the Asia Foundation.

“Political and business elites exploit gangs to carry out a range of illegal activities that serve their political or business interests in exchange for financing the gangs,” stated the report, which collected data through 20 focus groups and 24 in-depth interviews with gang members.

“This has worrying implications for support for democracy among the young generation as they witness first hand corruption on the part of their political representatives,” the report states.

The research was conducted primarily in the capital Male’, which it describes as having 20-30 gangs, ranging in size from 50-400 members.

Gangs are described as including mainly males aged under-25 years. Of those involved in the focus groups, 63 percent were unemployed, and 54 percent admitted to being drug users – both prominent issues highlighted in the report.

Poisoned politics

The report cited anecdotal evidence suggesting that the root of gangs in the Maldives was linked to the introduction of heroin to the country in the early 90s.

“Gang members report that in the early 1990s, foreigners (purportedly Indians) gave away free packets of heroin (locally called brown sugar) that contained directions for use,” read the report.

“Subsequently drug users, through involvement in gangs, supported their drug habits by the sale of drugs and other criminal activities,” it continued.

The report also draws strong links between the introduction of political parties during the last decade’s democratic reforms, and the escalation of gang activity.

“Democracy is not working… people do not know what democracy is… even politicians do not know what it really is… there is too much freedom… people do not know how to use this freedom,” the researchers were told by one gang member.

Politicians are described as being involved in symbiotic relationships with gangs, who depend on the gangs to suppress opponents and carry out tasks to help maintain their popularity or to divert media attention from political issues.

“Politicians have asked us to cut the TVM cable for MVR 25,000 (US$1620), to light up a bus for MVR 10,000 (US$650). Also in the recent political riots we were involved in things like burning the garbage collection area,” said one gang member.

“We were given some amount of money, two of us and the 10 people who accompanied us were paid some amount, we had to set fire and run from the spot and be seen in another area. We got paid to do this by a political group. Sometimes in return for the work we do, we also get to party in their safari boats with girls and alcohol,” they added.

In other cases, gang members were paid MVR 20,000 (US$1230) to destroy shop windows.

Interviewees also stated that being offered immunity from prosecution was normally part of this deal.

Leaders, who deal directly with the politicians, were reported as earning up to MVR 1 million (US$65,000) a month via such activities.

One member even described instances where murder contracts were handed out.

“We may be given a file with all the information about the person and be told and told we may be paid in millions to carry out the killing,” explained one member.

Stabbings are commonplace and knives have become increasingly prevalent. Gun crime remains negligible, however one of the researchers was told by a gang member: “It is my fantasy to possess a gun, I had once saw a small pistol, I had it under my bike seat, it was planted but I returned it (I knew who it belonged to), that day when I saw the pistol I was so scared, but now I want a gun and I frequently fantasise of going on a killing spree, I have in my mind all those whom I will kill.”

Based on the interviews conducted, the report said that there was no evidence linking gangs to religious groups. Instead, gang members were contemptuous of the country’s religious leaders.

“We have lost respect for them (religious leaders)… their thinking is obsolete… some are even seen in videos indulging in activities prohibited in religion and the next day they are preaching… they do not act what they preach,” said one gang member.

Vicious cycle

A lack of jobs was cited as one of the major reasons for young people to join gangs.

The report highlighted problems with the legal process, which produces a criminal record – which cannot be cleared for five years –even for minor offences.

“Due to police record, we can’t get a government job,” said one interviewee. “When government does this, the private sector usually does the same.”

“Hence it’s hard to get a job if a person has a police record…so join a gang to earn money,” they said.

Whilst the minimum wage in the Maldives is MVR 2,600 (US$170), the report states that a gang member can receive up seven times this amount for illegal activities such as breaking a shop window.

Young people who opt to leave school at 16 are also described as particularly vulnerable to gang association as they are not seriously considered for employment until they turn 18.

The report did find some evidence that some gangs do attempt to find legitimate work for their members.

“We try and help the younger generation… Show them the right path… we are very proud of this… some members have respectable posts in government and some run their own business,” one gang member said.

This strong group ethic was mentioned in the report of one of the primary reason for gang membership, with the group providing a surrogate for social welfare and dysfunctional families.

Gangs were also described as providing a strong sense of identity for its members. This status is also closely linked to violence, which large gangs can then provide members with protection from.

In conclusion, the report recommended that changes be made to the way minor offences are recorded as criminal complaints.

It also argued that better re-integration programs for convicts, as well as more drug rehabilitation and vocational training programs, might help alleviate the country’s gang problem.

The report also said that greater empowerment for young people would help to generate alternative opportunities for work and that better family counselling might help potential gang members cope with death and divorce.

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MDP campaign continues despite court summons, sea blockade

The Maldivian Democratic Party’s southern campaigning continues whilst legal sparring continues in the capital Male’.

A request for the delay of former President Mohamed Nasheed’s criminal court trial has been rejected as the MDP reaches the tour’s 10th island.

Spokesperson for the Department of Judicial Administration Latheefa Qasim confirmed that the Hulhumale’ court had received the request on Friday night, which had given the southern campaign as a reason for the postponement.

“This reason is not included in the regulations so the court cannot act upon it,” said Latheefa, who explained that the trial would go ahead as scheduled – tomorrow at 4:00PM.

After Nasheed’s decision not to attend his first hearing on Monday, instead leaving Male’ in contravention of a travel ban, the police were requested to present the MDP’s presidential candidate in the court for the re-scheduled hearing.

Nasheed stands accused of illegally detaining Chief Judge Abdulla Mohamed in January of this year.

Despite rumours that security forces had been dispatched to return Nasheed to Male’, the flotilla of ships on the MDP’s ‘Journey of Pledges’ have as yet  seen no sign of any police of Maldives National Defence Force (MNDF) vessels.

Police have today said that it under the current court order, Nasheed could only be brought before the Hulhumale’ court with his consent.

MDP spokesman Hamed Abdul Ghafoor did mention that the MDP had encountered some opposition from locals on Gemanafushi in Gaafu Alif atoll.

A large tree was floated across the entrance to the harbour in order to prevent the flotilla from gaining access to the island, although Ghafoor said that the log was soon moved and a warm welcome was given by many of the islanders.

“We expected trouble,” said Ghafoor. “It was a weak attempt to make news. Eventually, the protesters could not overpower our numbers.”

The MDP also reported that a boat named ‘Orchid 101’ attempted to block the harbour entrance.

Local media reported that the protest was organised by the Progressive Party of Maldives (PPM), speaking with the Island Council’s President Asim Mohamed.

“The people protested against Nasheed about three issues. One is that he has ignored the fact that the nation is mourning and is continuing with his tour, the second issue is that he disobeyed Court Orders, and the third is the unrest created in the island during his previous visits,” Asim told Sun Online.

Ghafoor also noted that the party had prepared an appeal to the high court regarding Nasheed’s criminal court trial.

“The National Executive Committee (NEC) said we do not accept lower courts. The president will appeal to the high court,” said Ghafoor.

“Democracy has gone wrong – summons to court represents corruption in the courts,” he added, stating that the lower courts were not recognised due to their failure to have adhered to article 285 of the 2008 constitution.

This article required that all judges not having met a level of qualifications outlined in article 149 within two years of the constitution’s ratification, be removed from the bench.

Latheefa said she was not yet aware of any high court appeal regarding the Abdulla Mohamed case.

After the party’s legal team revealed its concerns over the legality of the Hulhumale’ Magistrates Court – assembled to handle the case – its executive council released a statement announcing it would no longer recognise the authority of the judiciary.

Reform of the judiciary is one of the key recommendations made in the Commission of National Inquiry (CNI) which, in August ruled that Nasheed had not been removed in a coup.

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Maldives agrees to repatriation of Somalian detainees

Director of Somalian state Puntland’s Counter-Piracy Directorate, Abdirasak Mohamed Dirir, has travelled to the Maldives to finalise the repatriation of 40 Somalian youths currently detained in the Maldives.

Foreign Office Spokesman Ibrahim Muaz Ali has confirmed that the director had met with Defence Minister Mohamed Nazim, Police Commissioner Abdulla Riyaz, and Special Advisor to the President Dr Hassan Saeed.

Muaz said that Dirir had been accompanied by officials from the United Nations Office of Drugs and Crime (UNODC).

Dirrir was reported as telling local Puntland paper Garowe Online that the Somalians had been informed of their impending release and were “ecstatic”.

“Our mission was to wrap up the agreement by Puntland and Maldives to free the 40 youth who are currently being held in Maldives. Thanks to God the youth will be heading home as quick as possible,” Dirir is quoted as saying.

Muaz told Minivan News that the agreement had been finalised, with Somalian authorities granted permission to land aircraft to be used for the repatriation, with the funds to be provided by the UNODC.

“We are currently preparing a timeline – hopefully it will take around two months,” said Muiz.

The detained Somalians were apprehended after their boats drifted into Maldivian waters, with some having drifted for months at sea.

Many were found in frail health conditions due to dehydration and malnourishment, and had to undergo long treatments before being transferred to Dhoonidhoo Detention Center, where they were provided temporary refuge until negotiations on repatriation were finalised.

Repatriation was delayed owing to a lack of identification documents for the Somalians and the difficulty of negotiating with the fractious African state – Puntland itself is a semi-autonomous region within Somalia.

However, earlier this year Minivan News was informed by an anonymous government official that repatriation was being delayed due to the detainees reluctance to return to the failed state.

The official reported that, when asked by a delegation representing the United Nations High Commissioner  for Refugees (UNHCR) if they wished to return home, all of the Somalians said no.

The anonymous official observed that the Maldives could not resort to the option of forced repatriation as Somalia is recognised as a unsafe state.

Maldives has not ratified the 1951 Refugee Convention or its 1967 Protocol citing “financial and technical capacity constraints” but the convention prohibits all states, regardless of whether they have acceded it, from returning a “refugee to a territory where his or her life or freedom is threatened”.

“So the project is now a big failure,” he concluded, adding that the Maldives can face “increasing pressures from the international community if it continue with the forced repatriation.”

March saw the first recorded hijacking of a vessel by Somali pirates in Maldivian waters.

The Maldives is situated at a strategic intersection of sea trade routes, and a significant amount of global maritime traffic passes through or near the country’s northern atolls.

The Maldives’ government first expressed concern over the growing piracy threat in 2010 after small vessels containing Somali nationals began washing up on local islands.

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MDP’s ‘Journey of Pledges’ reaches Nilandhoo with no sign of security forces

The Maldivian Democratic Party’s (MDP) ‘Journey of Pledges’ has today reached Nilandhoo in Ghaafu Alif Atoll with no sign of the security forces.

Local media yesterday reported that boats had been sent to return former President Mohamed Nasheed to Male’ to face trial .

Party spokesman Hamed Abdul Ghafoor said that the five boat flotilla had received a warm welcome from the island’s 1000-strong population as well as the Dhivehi Rayyithunge Party (DRP) dominated council.

“We don’t see the [political] tension here,” said Ghafoor. “Everyone is in high spirits.”

When asked about the reports in local media that the coastguard had been deployed from Male’ yesterday, Ghafoor said that the party had not received any official word from the authorities.

“As far as we had heard, boats left from Male’ at 4:00pm and should have arrived in Villingili by midnight,” he said.

“There were also rumours that a platoon was leaving from Addu but we haven’t heard anything from the police yet,” he added.

Yesterday the police declined to comment and the Maldives National Defence Force (MNDF) denied that any officials had been sent to retrieve Nasheed.

The day after Nasheed left for the Southern atolls, in contravention of a travel ban, the courts instructed police to produce Nasheed at a rescheduled hearing in the Abdulla Mohamed detention case this coming Sunday.

Security forces made no attempt to prevent Nasheed from leaving Male’ on Monday.

Judicial Administration Department Director Ahmed Maajid told Minivan News yesterday that, despite the order, the former president was “not to be detained”.

In the event of Nasheed being taken back to the capital, Ghafoor was uncertain as to whether the trip, scheduled to visit over 30 islands in 14 days, would continue.

“The trip is very much driven by a charismatic leader. It may fizzle out if the government acted aggressively like that,” said Ghafoor.

“We are not fighters – it would be silly to have a fighting force confront us on the high seas. But you can’t put anything past them,” he continued.

Maldivian law does include provision for trial in absentia if the defendant in a criminal case is not produced by the police.

However, MDP lawyer Hassan Latheef said that this would be very unusual and, to his knowledge, does not have any precedence in Maldivian case law.

Nasheed has requested in writing that his MNDF security detail – provided under the Former President’s Act – not accompany him on the tour.

The MNDF released a statement today detailing this, saying that it could not take any responsibility for harm that might befall the former president whilst not under its protection.

It was also stated that the defence ministry had asked the Majlis for advice on how it should act in such circumstances.

Police Commissioner Abdulla Riyaz has been summoned to the Majlis’ 241 security committee to discuss the protection provided to politicians following the murder of MP Afrasheem Ali on Monday evening.

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