Author: Mariyath Mohamed

HRCM to discuss case of minor sentenced to 100 lashes for fornication

The Human Rights Commission of the Maldives (HRCM) has said it would on Tuesday discuss the case of a 16 year-old girl who was on Sunday sentenced to house arrest and 100 lashes for fornication with a 29 year-old man, confirmed Vice President Ahmed Tholal.

Permanent Magistrate of Raa Atoll Hulhudhuhfaaru, Magistrate Abdul Samad Abdulla, sentenced the girl to eight months under house arrest, and for public flogging once she reaches the age of 18.

Meanwhile the man, who has been identified as Ahmed Rasheed, Finivaage, R. Angolhitheemu, has been sentenced to 10 years in jail on charges of sexual assault on a minor.

The sentencing has attracted international media attention and appeared in the UK’s Daily Mail newspaper.

President of the Hulhudhuhfaaru Island Council, Mohamed Zubair, told Minivan News today that the crime had occurred approximately two months ago. He said that the matter had been filed in court by the girl’s family.

Zubair said that although the girl was of school-age, she had stopped attending classes months ago.

An official of the Hulhudhuhfaaru Magistrate Court, Ali Rashid, spoke in length to Minivan News about the case on Tuesday.

“The girl has been sentenced to eight months house arrest. The charges for an adult who has committed fornication is a year’s house arrest, but since she is a minor, she can only be given two thirds of the regular sentence,” he explained.

Rashid said that the girl had been sentenced for fornication because she had confessed to it. The man, however, had denied the charges.

“The man said he hadn’t committed fornication, but he admitted to having hugged and done certain other things with the girl. This amounts to sexual assault of a minor under the law. That’s why he has got the minimum sentence possible under the relevant law, 10 years in jail,” Rashid explained.

The Magistrate Court confirmed that the man was now being kept in custody by relevant authorities.

The official of the Hulhudhuhfaaru Magistrate Court referred Minivan News to Article 25 of the act detailing special actions to be taken in cases of sexual offences against children (Act number: 12/2009).

Article 25 says: “Unless proven otherwise, it cannot be considered that a child between ages 13-18 had given consent to committing a sexual act. And unless proven otherwise, it will be considered that the sexual act was committed without the child’s consent.”

As the case now stands, two contradicting sentences have been given to persons involved in the same case.

While, as per the magistrate court, the man has been convicted of sexual assault, which translates into an act committed without the consent of the girl, the girl herself has been sentenced on the charges of having consensual sex outside of wedlock.

Private lawyer Mohamed Shafaz Wajeeh, agreed with this observation.

“I agree that there is a strong contradiction here. Also, the man has been sentenced under common law. The act he committed is criminalised under the existing laws, those drafted and passed through the parliament. The girl, on the other hand, has been sentenced under Sharia law, which is not specifically written down. There is a discrepancy in how men and women are sentenced. At times females face more difficulty denying charges of fornication. This, I believe is a structural issue which needs to be addressed.”

An official of the Ministry of Gender, Family and Human Rights, said that the ministry would not speak about specific cases.

Refusing to identify herself, she said, “If the girl has been sentenced for a crime, it’s either the court or JJU (Juvenile Justice Unit) that needs to be concerned. We will be concerned once the girl is flogged, but as far as I know, she hasn’t been flogged yet. We do not want to associate ourselves with a case that we are not involved in.”

Minister of Gender, Family and Human Rights, Dhiyana Saeed, was not responding to calls at the time of press.

In November 2011, UN HIgh Commissioner for Human Rights, Navi Pillay, speaking in parliament, raised concerns about the issue of flogging in the Maldives.

Speaking on the issue, Pillay said, “This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country.”

Her statements and calls for discussion on the issue were met with outrage from the opposition and religious Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry itself dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

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Dissenting opinion in unity government coalition over MDP role in government

Speaking to Minivan News today, Chairperson of Maldives Democratic Party (MDP) Moosa Manik said that at Leaders’ Dialogue meeting held Sunday he had requested for two points to be added to the discussion agenda.

“According to the CNI report, this is a continuation of the government elected in 2008. Since it was MDP that was elected in 2008, we must be in government even now,” said Moosa.

“So I requested that we add to the agenda discussions over the participation of the MDP in the government elected in 2008. On these same grounds, I also requested we add to the agenda discussions to clarify whether MDP represents the ruling party, or the opposition in parliament.”

While Moosa Manik stated that the requests made were only to add discussions on the topic to the agenda, local media has reported that the party has proposed the MDP itself be included in the government. The news caused an eruption of differing views among the former opposition parties.

In a press briefing held after Sunday’s meeting, the President’s Advisor on Political Affairs, Ahmed Thaufeeq, said that he welcomed the MDP’s proposition. Thaufeeq said he felt it was a wise step to take in strengthening the unity government. He did, however, say that the matter had to be discussed among the parties currently in the coalition before coming to a decision.

Meanwhile, President’s Office Media Secretary Masood Imad told Minivan News today that there was no way all political parties could be part of a government in a modern democracy.

“If the MDP is allowed to join the government, then who will be the opposition? We need a viable opposition for the government to function. MDP is continuing to create havoc through protests and calling the government traitors. The best option for them is to continue staying as a viable and legal opposition,” Masood said.

He said it was so far unclear whether MDP wanted to show support to the government by ending the ongoing protests while staying on as opposition, or if they wanted seats in the cabinet.

Secretary General of Dhivehi Qaumee Party (DQP), Abdulla Ameen, told Minivan News that he was completely against the proposition. Alleging that MDP had failed to live up to its promises of 2008, Ameen said, “Dr Waheed very sincerely invited them to join the government previously, but they themselves rejected it. The MDP are still calling us ‘baaghi’ (traitor), so why should we let them into the government? Also, this proposition may have come from ‘Reeko’ Moosa Manik, and not necessarily from the party itself.”

Although Ameen stated that the party had not agreed on an official position on the issue yet, Vice President of DQP and current Minister of Home Affairs, Dr Mohamed Jameel, also told local media that he felt there was no justification to allow MDP into the government coalition.

On the other hand, Deputy Leader of the Jumhoree Party (JP) and Parliament Member for Kashidhoo Constituency, Abdulla Jabir, is of the opinion that MDP’s initiative would translate into a means of maintaining peace in a country as small as the Maldives.

“I would personally welcome the initiative, and the members of MDP, into the government. However, the JP hasn’t yet discussed the issue within the party,” he said.

Contrary to Jabir’s views, JP Leader Gasim Ibrahim and President Dr Ibrahim Didi – himself formerly President of the MDP – oppose the suggestion of MDP’s involvement in the government.

According to Sun Online, Dr Didi doubted the sincerity of the MDP’s proposition and stated that it is important to further look into the matter to see if it involves any “treacherous plans” of former President and MDP Presidential Candidate, Mohamed Nasheed. Gasim alleged that Nasheed had caused “immense loss to the country”, and that this had to be kept in mind when reviewing MDP’s request.

People’s Alliance MP Moosa Zameer told Minivan News that the party had no reservations about letting MDP into the current government coalition. He went on to say: “If Dr Waheed feels it is best to let MDP in, then we have no issues. However, we hope he will consider the fact that the bigger the government gets, the more complications will arise. There will be another election in 2013. Waheed very strongly wants a free and fair election. I feel that it can only go in a transparent manner which is to the satisfaction of all parties only if MDP too has a stake in the government.”

DRP MP Dr Abdulla Mausoom told Minivan News that the party felt discussions in the Leaders’ Dialogue should only be shared with media by its coordinators. Regarding former President Nasheed’s statement that PPM and DRP should not be part of the current government, Mausoom said “We do not think it is worth responding to statements by people who hold no official position in MDP. Former President Nasheed holds no post in MDP’s leadership and cannot speak in its behalf. We will respond only if MDP releases a former statement regarding the matter.”

PPM Parliamentary Group Leader Abdulla Yameen has been quoted in local media as saying that letting MDP join the government is not a problem ‘in principle’, but that the general members of his party are strongly against the idea.

MDP Chairperson ‘Reeko’ Moosa Manik clarified to Minivan News today that MDP had so far only accepted the CNI report along with the reservations put forward by former President Mohamed Nasheed’s nominee, Ahmed Saeed ‘Gahaa’. Moosa Manik also echoed former President Nasheed’s statement that if, according to the CNI, this is the 2008 government being continued, then he felt that the DRP and PPM should not at all be in the government coalition.

The Qaumee Party, Adhaalath Party, Jumhoree Party and Gaumee Ihthihaadh were in the 2008 coalition with MDP, while DRP, PPM and PA were in opposition.

MDP meanwhile confirms that it will continue the ongoing protests asking for early elections.

Interim Deputy Leader of PPM, Umar Naseer and Spokesperson and MP Ahmed Mahloof were not responding to calls at time of press.

Minister of Home Affairs and Vice President of Jumhooree Party Dr Mohamed Jameel and DRP Leader Thasmeen Ali were also not responding to calls.

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President Waheed meets coalition members ahead of CNI report release

President Dr Mohamed Waheed Hassan has this afternoon meet with representatives of the parties making up his national unity government to discus how to address the findings of the Commission of National Inquiry (CNI)

According to a press release on the President’s Office website, the meeting saw discussions on agreeing a way forward upon the release of the report compiled by the CNI. The report, which was scheduled to be released today, has been delayed for at least an additional 24 hours.

The President’s Office stated that a consensus was reached at the meeting whereby all the coalition partners pledged to back Dr Waheed’s views concerning the investigation and its findings.  No further details were provided on the discussions in the statement.

President’s Office Spokesperson Abbas Adil Riza was not responding to calls at the time of press.

Local media quoted government-aligned Adhaalath Party President Sheikh Imran Abdulla, as saying that the coalition parties had assured President Waheed that they would not allow any persons to create unrest in the Maldives upon the report’s release. He also said that all the coalition parties were ready to help security forces in their work to maintain peace and order.

Chief Spokesperson of Jumhooree Party, Moosa Rameez, speaking to Minivan News today said: “Mohamed Waheed Hassan Manik is the president of a coalition government and all the coalition parties have decided to work together with whatever decision he makes regarding the CNI results.”

Rameez said that the coalition parties also agreed not to hold any protests or demonstrations following the CNI report, no matter its final outcome.  He added that although government-aligned parties in the coalition had pledged to follow the president’s views on the matter, they had not yet received any additional information about it.

The opposition Maldivian Democratic Party (MDP) has alleged that President Waheed’s government came to power on February 7 in a “coup e’etat”.  These claims form the central focus of the CNI’s investigation into the exact details surrounding the controversial transfer of power.

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Different strokes: Maldives power transfer expressed through art

Two exhibitions currently taking place in the capital are offering their own unique takes on the controversial transfer of power in February- interpretations that are being expressed through a variety of mediums during the next few days.

Closely following the Maldivian Democratic Party’s (MDP’s) announcement of their intention to hold the Exhibition of Public Inquiry (XOPI), the government-aligned religious-conservative Adhaalath Party held a press conference announcing their own art festival, Fall of a regime: An Artist’s View. Both exhibitions yesterday opened to the public and will run until tomorrow.

XOPI, organized by the MDP, is taking place in the grounds of Male’ City Council.  With the theme “Truth Is Ours”, XOPI features the work of many artists, who adopt a number of approaches to express their thoughts of the events surrounding the change in power.

XOPI was officially opened by President Nasheed on Monday (August 27). The event also doubled as the launching for a book titled “Naakaamiyaabuvi Himeyn Baghawaiy: Gaiy Birun Negee Badi”, meaning ‘The Failed Silent Coup: Fear Raised The Gun’.  The book’s author is the former president’s appointee to the Judicial Service Commission (JSC) and Deputy Minister of Home Affairs, Aishath Velezinee.

Representing the organizing committee of XOPI, Ali Saeed said to Minivan News “XOPI is like a public inquiry, a presentation of the people’s perception of the events of, and following, February 6. Since then, there has been a lot of artistic material being shared on social media. XOPI intends to provide a platform for these to be presented in the same place.”

One participant whose work forms part of XOPI explained that they were taking part in the exhibition to express feelings and concerns surrounding February 7.

“I am participating because this is another venue to express my thoughts and feelings about the coup, freedom, liberty and justice. At a time when our freedoms to assemble and express are getting limited, this space suddenly becomes very important to me,” said Fazail Lutfi, founding member of Emmenge.com, a website which creates stories about political and social issues.

Another artist, Maryam Omer, has produced an exhibit that introduces guests to the exhibition.

As the visitor opens the lone door placed in the middle of the pathway, they are met with the sight of a charging bull. Part of the description reads “Grasping to comprehend the reality of the situation and describe something so phantom and menacing in my head was the image of a charging bull at the door,” the artist explains. “What matters is the individual’s perception of a universal event. It’s important to express how we feel about the events that occurred back in February.”

Meanwhile,the Adhaalath Party organized exhibition at the National Art Gallery was officially opened by President Waheed at a ceremony held Monday afternoon. The exhibition features the work of one artist known simply as ‘Siru’. Siru’s work captures events from the controversial hanging of banners for last year’s SAARC summit and proceeds as a story, ending with a painting of Dr Waheed taking the presidential oath in February this year.

An Adhaalath Party representative at the gallery, Hussain Wafeer, told Minivan News yesterday that the 60 pieces exhibited were all painted by Siru in a span of no more than a month. The artist himself said he did not wish to speak with any media.

In response to widespread speculations about the religious-based party depicting people in drawings, and whether it conflicts with the party’s ideology, the Adhaalath Party has released a statement saying it is not prohibited in Islam to draw figures as long as the facial features are not detailed.

President of Adhaalath Party, Sheikh Imran Abdulla and Vice President Dr. Mauroof Hussein were not responding to calls at the time of press.

Both Exhibition of Public Inquiry and Fall of A Regime: An Artist’s View will be open to the public until August 30.

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Resumed party talks to target post-CNI consensus

The President’s Office has extended invitations to eight political parties to attend a meeting on Thursday (August 30) to discuss how to proceed following the release of the Commission of National Inquiry (CNI) report.

The eight parties who have been invited are the Maldivian Democratic Party (MDP), Progressive Party of Maldives (PPM), Dhivehi Rayyithunge Party (DRP), Qaumee Party (DQP), Adhaalath Party (AP), People’s Alliance (PA), the Maldives Reform Movement (MRM) and Jumhooree Party (JP). President Waheed’s National Unity Party, along with other small parties were not included in the invitation.

The meeting is scheduled to be held on Thursday at the Bandos Island Resort and Spa. The CNI report is scheduled to be released to the public the same day.

President’s Office Media Secretary Masood Imad ahs told Minivan news that any party involved with the All Party Talks prior to their suspension back in June were included in this invitation. He also said that any party that has been excluded was made on the basis that the organisations lack leadership.  Speaking further, he said “President Waheed has always advised against street protests. Even though MDP has again started demonstrating, President Waheed is showing restraint and putting in a lot of effort to make sure the party talks are successful.”

DRP Leader Thasmeen Ali has previously stated that the party is open to discussions. However, he expressed concern that this week’s  statement from President Nasheed’s appointee to the CNI, Gahaa Ahmed Saeed, may cause complications at the all-party talks.

Chief Spokesperson of Jumhooree Party, Moosa Rameez told Minivan News today that the party always welcomes discussion and as such will be participating in the talks.  Regarding the MDP’s ongoing demonstrations, Rameez said “I don’t think anybody should be making an issue out of a group of people practicing a right guaranteed to them in the constitution. As long as the demonstrations are peaceful and fall within the laws of the country, I personally see no reason why this should at all have an effect on the discussions we are to have among political leaders.”

Speaking on behalf of MDP, former Minister of Tourism, Arts and Culture, Dr Mariyam Zulfa told Minivan News today that since the President’s Office had sent the invitation for All Party Talks specifically to party Chairperson, Moosa ‘Reeko’ Manik.

Manik will himself be attending the talks for the MDP. Dr Zulfa added that she didn’t believe the recommencement of direct action would have an adverse effect on the all-party talks as the invitation letter did not specify any such requirements.

“The only legal remedy for an unlawful change of power is going for early elections. We hope that the discussions are open to this option,” she said.

PPM Interim Deputy Leader Umar Naseer and Parliamentary Group Leader Abdulla Yameen were not responding to calls to Minivan News at time of press.

DQP’s Parliament Member Riyaz Rasheed and General Secretary Abdulla Ameen were also not responding when contacted.

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Maldives Police Service to establish Law Enforcement Institute

The Maldives Police Service (MPS) has said it soon expects to open a Law Enforcement Institute in Male’, providing officers with opportunities for further education up to degree-level.

Police Commissioner Abdulla Riyaz, speaking during a speech at the certificate awarding ceremony of the 21st Police Recruit Training Course, discussed ongoing plans to establish a career path in law enforcement.  He claimed the institute, to this end, would aim to provide officers with the opportunity to complete studies up to First Degree Level.

Speaking to Minivan News today, Police Sub-Inspector Hassan Haneef said that the establishment of a Law Enforcement Institute in Male’ had been a long-term plan for the institution.  The institute is expected to to be officially opened soon, he added, with the MPS planning additionally to open up the courses to interested members of the public as well.

According to a release on the official MPS website, Commissioner Riyaz also spoke of the importance of all officers speaking to members of the general public with due respect.

Riyaz also said that the country was now in a politically sensitive period after having recently come through a lot of social and political changes, and that it was the responsibility of the police to maintain the nation’s unity. He added that completely new offences were now being committed in the country – particularly at a time when crime rates were at a record high.

Riyaz said that police were also facing challenges due to instances where officers, in trying to maintain peace, were being obstructed and harassed in the course of their work. He also claimed that police officers faced physical harm and even death due to such actions.

The comments were made as the role of the police force in the Maldives, particularly during February’s controversial transfer of power, faces scrutiny from institutions including the Police Integrity Commission (PIC) and the Human Rights Commission of the Maldives (HRCM).

Earlier this week, the HRCM claimed a police crackdown on a Maldivian Democratic Party (MDP) march across Male’ on February 8, which left dozens of demonstrators injured was “brutal” and “without prior warning,” in an investigative report (Dhivehi) released to the public.

The Police Integrity Commission (PIC) has meanwhile stated its own intention to release findings from ongoing investigations into alleged breach of laws and regulations by officers during the lead up to and in the direct aftermath of February’s controversial transfer of power.

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Releasing PIC findings ahead of CNI report “of utmost importance”: PIC President

The Police Integrity Commission (PIC) has stated its intention to release findings from ongoing investigations into alleged breach of laws and regulations by police officers during the lead up to and in the direct aftermath of February’s controversial transfer of power.

Speaking to Minivan News today, PIC President Shahinda Ismail said the institution would be releasing three separate reports. These reports will focus on the events of February 6 and 7, the events in Male’ on February 8 and the events in Addu Atoll on February 8 and 9. She also stated that these reports would be available to public upon release.

“I feel that it is of utmost importance to release the reports before the Commission of National Inquiry (CNI) report comes out. If not, there is a chance that the PIC investigations are not given the importance it merits. We’re working to get this done,” Shahindha added.

Meanwhile, local news website Haveeru quoted PIC Vice President Dr Abdulla Waheed as saying that the commission has gathered information from a variety of sources and its reporting was now almost complete.

Asked if PIC had so far taken action against any police officers found at fault through the investigations, Waheed refused to comment on it before the release of the said reports.

With reference to the HRCM reports released last Saturday, Waheed said that the commission had not yet discussed the findings concerning police conduct. He added that the commission would be able to respond to them once government offices resumed work after the holiday period.

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International Labour Organisation intervenes over MPWU harassment allegations

The International Labour Organisation (ILO) has written to the Maldives government for a response to allegations that members of the Maldivian Ports Workers Union (MPWU) have been harassed over their political views.

In a letter seen by Minivan News,  Cleopatra Doumbia-­Henry, Director of the ILO’s International Labour Standards Department, asked the government for its observations about accusations raised by MPWU members concerning workplace harrasment.

The letter also “denounces” the termination of MPWU president Ibrahim Khaleel, executive committee member Yazeedh Abdhul Hameed and six other union members.  Concerns were also raised by the ILO over the suspension of 49 trade union members, the reassignment of many union members to other ports, and accusations of threats and harassment towards union members.

The MPWU itself has previously alleged that authorities at Maldives Ports Limited (MPL) had violated worker rights based on their political activism. MPWU President Khaleel has previously sent a letter to MPL CEO Mahdi Imad, in which he said, “Although the constitution guarantees freedom of expression and freedom of assembly , it is now common within MPL to stop employees from expressing certain political views, and to violate the Employment Act by unfairly dismissing employees and transferring employees to different departments without prior warning or explanation of any offense committed.”

Speaking to Minivan News today, Deputy CEO of MPL, Ahmed Faiz said they had already sent a response to the ILO on behalf of the Maldivian government. Faiz was unable to share the contents of the letter, but said that it was based around the authorities’ belief that the MPWU was being used as a political tool.

On the topic of MPWU’s accusations of harassment and unfair treatment based on political activism, Faiz said “There can be no grounds to make these accusations. Even today MPL employs many staff who belong to different political parties. We even have people in managerial posts who are actually members of MDP.”

Faiz also went on to say, “MPL is a service provider which deals with a variety of clients. In this time of political turmoil, such activism out in the open may have a bad impact on the company itself and that is why we took measures to stop them”

Earlier this month, the World Federation of Trade Unions also expressed concern over this matter.

MPWU President Khaleel was not responding to calls at the time of press.

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MJA expresses concern over alleged media boycotts

The Maldives Journalist Association (MJA) has expressed concern over boycotts of certain media outlets by state institutions, political parties and other entities.

In a press release issued yesterday, the MJA stated it had received multiple complaints from media personnel regarding the issue. One such complaint alleged that private broadcaster RaajjeTV had been given exclusive access to interviews with the MDP following former President Nasheed’s recent trip abroad.

The MJA also highlighted the President’s Office’s apparent refusal to cooperate with private broadcaster Raajje TV.  The organisation has claimed that these alleged media boycotts, which are perceived as being sympathetic to opposing political views, were becoming alarmingly common in the Maldives.

Speaking to Minivan News, MJA President Ahmed ‘Hiriga’ Zahir said that although the boycott issue had been present from the time multi-party politics was established in the Maldives, the problem had become a growing concern of late.

“At a time when media itself is so polarized and prone to political rivalry, we are concerned that political actors are finding it harder to accept media reports which are not aligned with their own personal opinions. This leads state institutions or parties to allow access only to selected media, in effect denying other media the opportunity to fulfill their journalistic tasks,” he said.

Hiriga stressed that owing to a lack of resources, media outlets may not be able to attend every event they are invited to, adding that state institutions and political parties must however remain equally accessible to all media.

He emphasized the importance of not boycotting any media outlet based on their editorial policies or perceptions of political leaning, while at the same time noting the importance of the media’s objectivity in its reporting of news.

The MJA also stated that a boycott of any media institution would be neither encouraged nor accepted by the association.  The statement also called for political actors and the general public to lodge complaints with the relevant media authorities should they have complaints concerning standards of journalism.

In response to the MJA press statement, MDP Spokesperson and MP Hamid Abdul Gafoor stated that the party held no such policies to boycott media outlets. He went on to say that the party’s events were open to all media and that he felt some outlets opted to not attend them intentionally.

President’s Office Spokesperson, Abbas Adil Riza, Media Secretary Masood Imad and the Commissioner of Police Abdulla Riyaz were not responding to calls at the time of press.

Last month, state officials accused Raajje TV of acting irresponsibly with its reporting by spreading what it called “baseless” allegations about the conduct of officers and inciting violence.

Minister of Home Affairs, Dr Mohamed Jameel Ahmed previously named RaajjeTV as ‘enemies of state’ in a press conference held on July24, the same day on which the Maldives Police Service released a press statement stating its refusal to cooperate with or provide protection to the same channel.

Meanwhile, Raajje TV last month continued to accuse police of targeting, assaulting and harrasing its reporters.

A statement from Raajje TV on July 10 read: “Raajje TV journalists have been forced to live in fear as they have increasingly become targets of attacks by the national security forces, particularly the police service. The station also believes that these attacks and harassment have been the source of emotional distress and psychological damage to all Raajje TV employees.”

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