Category: Crime

State to appoint lawyer to Hanaa in her appeal case

The Attorney General’s Office has said that it will appoint a lawyer for Fathimath Hanaa, who was sentenced to death after the court found her guilty of assisting Ahmed Murrath in murdering of prominent lawyer Ahmed Najeeb.

In the latest hearing of her appeal case, the High Court bench had announced that Hanaa was not eligible for a state-appointed lawyer.

Hanaa had subsequently told the court that she needed three months to appoint a lawyer, with the Prosecutor General’s Office giving no objection to this request.

However, the Attorney General’s office has today told local media that Hanaa now meets the requirements after she submitted additional documents to the office.

On July 2, 2012, the 65 year-old lawyer’s body was found stuffed inside a dustbin at Masroora house – Murrath’s residence – badly beaten with multiple stab wounds.

Speaking at the Criminal Court during the 2012 trial, Murrath’s girlfriend said that her boyfriend killed Najeeb after he became “sure” the lawyer had attempted to sexually assault her. She admitted to tying Najeeb’s hand, legs, and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.

Najeeb’s cash card was taken from him and the pair had used it to withdraw money.

According to Hanaa, she did not know that the victim had been killed until Murrath woke her up and told her at around 4:00am. At the time Hanaa said she was sleeping – intoxicated from drinking alcohol.

Murrath corroborated this course of events in his statement, saying that she was asleep when he killed the lawyer. He confessed to killing Najeeb out of anger and apologised to the family members.

On February 17, Ahmed Murrath – the man sentenced to death by the Criminal Court after being found guilty of murdering Najeeb – retracted the confession previously given to the court.

During the last hearing held in to the appeal case of Murrath, his lawyer Abdul Hakeem Rashadh told the High Court that his client’s hands were handcuffed behind his back when he made the confession which therefore could not be considered a confession made without coercion.

On February 9, the cabinet advised President Abdulla Yameen that there was no legal obstruction to implementing death sentences, after the Home Minister Umar Naseer had ordered an end to the 60 year moratorium on executions.

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Police to form a ‘K-9 dog squad’ to combat drug trafficking

As part of the government’s anti-drug trafficking efforts, the Ministry of Home Affairs has requested the Maldives Police Service (MPS) form a ‘K9 dog squad’.

Upon the ministry’s request, police will soon begin working on establishing the squad, a police official told today. According to the official, local police officers are to be trained for the squad.

Quoting the ministry, local news outlet CNM has reported that a total of fifteen officers would be trained for the purpose.

Police have earlier worked on bringing sniffer dogs into the country as counter-trafficking measure on several occasions. It was included in the organisation’s strategic action plan 2011 -2013, while in late 2012 Indian assistance was sought in bringing police sniffer dogs.

Dogs were also brought in from Sri Lanka for security operations during the 2011 SAARC Summit held in the Maldives . On that occasion the dogs were handled by Sri Lanka’s police elite special forces unit Special TaskForce (STF).

In October 2002 two sniffer dogs were brought to the Maldives from Sri Lanka, and were used at Ibrahim Nasir International Airport under the supervision of National Security Service – and later the Maldives National Defence Force.

In 2008, the chair of the parliamentary committee on narcotics, Ibrahim Mohamed Solih said that, to that day, no drugs were ever confiscated with the help of the two dogs. He said the committee’s investigations found that the dogs were in fact unable to recognize drugs.

Speaking to Minivan News today, an MNDF spokesperson confirmed that the two dogs did not remain in the country, though he was unaware of what had happened to them.

Under the unlawful imports act of 1975, dogs can only be brought into Maldives with a special permission from the Ministry of Defense and National Security.

Local interpretation of Islam is that dogs are impure animals and should not be touched or taken into one’s home. Scholars have declared that touching a dog even accidentally would require any Muslim to wash that part of the body seven times.

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Police raid Masodige, arrest 18 in drug bust

Sixteen men and two women were arrested yesterday in a drug bust with over MVR100,00 (US$6,485) in cash and 31 rubber packets containing illicit narcotics.

Police raided Galolhu Masodige with a search warrant around 9:00am based on intelligence information suggesting that drugs were being sold from the house. The special operation was conducted jointly by the drug enforcement department (DED) and police intelligence.

According to the DED officer in charge of the operation, equipment used to pack drugs was also confiscated from Masodige.

Of the 18 suspects taken into custody, police said a 22-year-old man and 50-year-old woman were actively involved in drug trafficking.

The male suspect had a criminal record for drug trafficking and gang violence, police revealed.

The other 16 suspects – aged between 22 and 58 – were believed to have been in the house to purchase drugs at the time of the raid.

A 26-year-old woman among the suspects had been convicted on multiple charges of theft in 2010 and 2011, police said.

Police claimed the 16 suspects were under the influence of drugs at the time of their arrest and that all 16 had criminal records for drug-related offences.

The Criminal Court meanwhile granted a seven-day extension of detention for all 18 suspects when they were brought before a judge at 7:00pm last night. The case is currently under investigation by the DED.

On January 20, police arrested eight Maldivians with illegal narcotics and more than MVR140,000 (US$9,000) and US$11,000 in cash from a residence in Malé.

In an interview with Minivan News in January, Home Minister Umar Naseer said that the main target of his ministry for the next five years would be curbing drug-related crimes.

Naseer said that he intended to give a high priority to enhancing the customs services in order to stop illegal drugs and other contraband from being smuggled in to the country. He also said that the police intelligence department was being expanded.

“Leaving aside abusers and peddlers, the focus of this front will be on major wholesale drug dealers. We will investigate how drugs are brought into the country, find the contacts abroad, find ways to locate and take action against those involved even if they are abroad,” he said.

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Criminal Court acquits MDP MP Jabir of cannabis possession charges

The Criminal Court has ruled that the Maldivian Democratic Party (MDP) MP Abdulla Jabir was not guilty of possessing cannabis when police raided his uninhabited island – Hondaidhoo in Haa Alifu atoll – in November 2012.

Jabir is currently in Malé jail after the court sentenced him to twelve months after finding him guilty of refusing to provide a urine sample for police to run a drug test.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Seven of the suspects, including the MDP MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

Yesterday Jabir’s legal team appealed his recent conviction at the High Court, claiming that the trial had violated the MP’s constitutional rights.

Meanwhile, Jabir is still facing as additional trial for possession of alcohol relating to the Hondaidhoo incident.

According to the constitution, any additional time added to Jabir’s sentence will result in the MP being stripped off his seat in parliament and barred from running in the upcoming parliamentary election. After surviving disciplinary proceedings within the party, Jabir had been scheduled to re-contest his Kaashidhoo seat next month.

Article 73 of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Additionally, the same article states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months – unless a period of three years has elapsed since his release – or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

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Inmate suffers serious head injuries in Maafushi Jail fight

A Maafushi Jail inmate is currently undergoing surgery in Malé’s Indhira Gandhi Memorial Hospital (IGMH) following a fight at the jail.

Ibrahim Azar of Maafannu Dhodhilge was brought to Malé at around 9:00pm with serious head injuries. He was serving a five year drug abuse sentence. Eyewitnesses say he was unconscious at the time.

Speaking to local broadcaster Raajje TV, Azar’s mother said she had rushed to the hospital after she received reports that her son had been injured in a fight.

“They [police] told me there is no danger. It was just a fist-fight. He does have head injuries. He is talking with his hands. But I asked if he is not injured, why is he talking with his hands?” she said.

Following a CT scan, doctors later told her Azar had suffered several injuries to his skull and needed major surgery.

“My hands were shaking so a relative had to sign the consent forms for surgery,” she said.

Azar is currently serving his second year in jail. His mother said she has not spoken to him in over a month.

“I have not received the six minute phone call I should get from jail,” she said.

Speaking to local newspaper Sun Online, Azar’s brother said: “Even when he was taken out from the emergency room to the operation theater, he was bleeding heavily from his head. The bandage around his head was soaked in blood.”

The fight reportedly occurred between Azar and another inmate.

A Maldives Police Services team is currently at Maafushi Jail to investigate the case.

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Deputy PG slams Criminal Court over new regulations

The Criminal Court has usurped a Supreme Court power in issuing new regulations outlining procedures to be followed in submitting cases, Deputy Prosecutor General Hussein Shameem has said.

The Criminal Court today rejected 60 cases submitted by the Prosecutor General’s (PG) office, claiming cases did not fulfill criteria specified in regulations publicised on February 19.

However, Shameem said the Judicature Act only allows the Criminal Court to compile regulations administering internal affairs, and does not allow the court the authority to issue regulations governing external affairs.

It is the Judicial Council or the Supreme Court which has the power to issue such regulations, he said.

The Supreme Court abolished the Judicial Council in March 2011 claiming the council is unconstitutional and assumed its powers, including the power to compile regulations and policies on administration of the courts.

The Criminal Court’s regulations issued unilaterally also allows other courts to compile their own regulations, which may result in different procedures for each court and affects the right to equality guaranteed by the constitution, Shameem said.

“For example, the Criminal Court says cases involving serious crimes must be submitted within 45 days. What if the Maakurathu island court decides cases must be submitted in 15 or 60 days? This impacts the investigation process and means prosecutors must change procedures depending on which court they want to submit cases to,” he said.

The Criminal Court and PG’s office have been at odds over criminal proceedings following former PG Ahmed Muiz’s resignation in November.

The court suspended all ongoing cases and refused to accept new cases citing parliament’s failure to appoint a new PG within 30 days of Muizz’s resignation.

The Supreme Court, on Shameem’s request, ordered the Criminal Court to restart trials, but the court only began hearings in ongoing cases and refused to accept new cases.

The Supreme Court on February 18 released a new ruling ordering the court to continue with ongoing cases and accept new cases to ensure the criminal justice system continues.

Shameem said the Criminal Court’s new regulations had been applied retroactively.

“There are a 153 people in pre-trial detention. There are many others who are unable to find employment due to ongoing criminal cases. The Criminal Court’s actions are affecting a public service,” he said.

The PG office has a backlog of over 500 cases ready for prosecution, he added.

The Human Rights Commission of Maldives last week called on the People’s Majlis to expedite the appointment of a new PG, stating the delay violates the citizen’s right to justice.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

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Four minors acquitted of terrorism charges

Four minors from the island of Thinadhoo in Gaaf Dhaalu atoll charged with terrorism over arson attacks on February 8, 2012 were acquitted by the Juvenile Court today.

The minors were accused of setting fire to the Thinadhoo police station during protests that erupted across the country in the wake of a brutal police crackdown on a Maldivian Democratic Party (MDP) march in the capital Malé.

MDP supporters took to the streets after former President Mohamed Nasheed declared that his resignation the previous day was “under duress” in a “coup d’etat” instigated by mutinous elements of the security forces in collusion with the then-opposition.

A Juvenile Court official told local media today that the minors were found not guilty as the prosecution was unable to prove their culpability based on the testimony of witnesses at the trial.

Witnesses had testified that they saw the minors throwing rocks at the police station and helping to set fire to a police motorcycle. The verdict however noted that none of the witnesses saw any of the rocks hit either a police officer or the station.

Witnesses for the defence insisted that the minors did not participate in the arson attacks although they were present in the area at the time.

The Juvenile Court judge stated in the verdict that the prosecution’s witness testimonies established that the minors were guilty of obstructing the police. However, the judge noted, the court could not alter the charges pressed against the accused for sentencing.

Today’s verdict was delivered more than a year after the terrorism trial began with two recent hearings postponed or canceled.

On February 8, protesters in Thinadhoo – an MDP stronghold in the south – set fire to the island’s police station, magistrate court, atoll council office and all police vehicles.

Nine policemen were assaulted and subsequently treated at the Thinadhoo regional hospital. Police declared at the time that the island was unsafe for police personnel, claiming “MDP supporters have threatened to attack residences of policemen”.

Following its investigation into the nationwide unrest and violence on February 8, the police forwarded over 100 cases to the Prosecutor General’s (PG) office, requesting that 108 individuals be charged with terrorism.

Acts of arson are considered terrorism under the Terrorism Prevention Act enacted by the administration of former President Maumoon Abdul Gayoom. The offence carries a jail term of between 10 to 15 years.

While more than 100 persons were charged with terrorism, most cases currently remain stalled at the Criminal Court.

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Jailed MP Jabir denied fair trial, says legal team

Read this article in Dhivehi

The trial and sentencing of Maldivian Democratic Party (MDP) MP Abdulla Jabir “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives,” the MP’s legal representatives have stated.

The Kaashidhoo constituency MP was last week sentenced to twelve months imprisonment after being found guilty of failing to provide a urine sample when arrested as a suspect in a drug related case on November 16, 2012. He is currently in Maafushi jail.

“The number of procedural violations in the whole criminal justice process in regard to this case is highly concerning and we believe that Hon. Abdullah Jabir was denied the fundamental rights that constitutes a free and fair hearing guaranteed to him by Article 42 of the Constitution,” read a press release from Aequitas Legal Consultants.

Additionally, Hassan Latheef – a member of Jabir’s legal team – has told Minivan News today that the court has failed to provide mandatory documents summarising the case, necessary for a High Court appeal.

“At this moment, we’re concerned that he can’t appeal. We were unable to submit the report to the High Court, but today we have sent a letter saying that the court is still refusing,” said Latheef.

He noted that a previous High Court judgement stipulated that the appeals registration process could still proceed as soon as the case was filed – Latheef revealed that the case had been submitted yesterday.

When contacted for a response, Criminal Court officials were unwilling to provide further information on Jabir’s case.

Latheef’s legal firm suggested that Criminal Court Judge Muhuthaz Muhusin had failed to consider procedural issues raised by Jabir’s defence, thereby failing to observe the principles of natural justice.

The statement also suggested that the Jabir’s constitutional rights to adequate time and facilities for his defence – also guaranteed under the International Covenant on Civil and Political Rights (ICCPR) – were not met.

Jabir’s legal representatives noted that the police’s mistreatment of the MP at the time of arrest had been confirmed by the Police Integrity Commission but had not been taken into account by the judge.

After investigating the case – which involved medical records showing injuries sustained by Jabir as well as a video of one officer kicking the MP in the head – the PIC said it could not forward the case to the Prosecutor General as the identity of the officer could not be determined.

During the trial, Jabir had claimed testimony given against him by arresting officers was inadmissible, alleging that the officers in question had been responsible for his mistreatment.

“Based on the serious factual and procedural violations in the trial and sentencing of MP Hon. Abdullah Jabir, who is not only an individual but a representative of five thousand Maldivians at the Parliament, it is regrettable that the Judicial process that we are to respect and obey has shown such a blatant disregard for the principles of justice and the rule of law,” concluded the statement.

A total of 10 people were taken into police custody on November 16, 2012, after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Jabir was set to re-contest his Kaashidhoo constituency seat in next month’s Majlis elections. Fellow MDP MP and MDP International Spokesman Hamid Abdul Ghafoor – also detained and charged with failure to produce a urine test during the same incident -told Minivan News today that Jabir was currently being held in custody.

Asked whether Jabir’s sentence would affect his ability to stand, Hamid said that he believed the law made it clear that an MP could not be disqualified from the Majlis unless they were serving more than twelve months.

“The law is silent on whether he can campaign or not,” added Hamid.

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Seven arrested in child prostitution case

Police arrested seven men from the island of Thinadhoo in Gaaf Dhaalu atoll last week for allegedly forcing a 16-year-old girl into child prostitution.

Police said the seven men – between 18 to 30 years of age – were taken into custody on Wednesday night with an arrest warrant, after which the Thinadhoo magistrate court extended their remand detention to 15 days.

Police were informed on the night of February 15 that the male suspects were forcing the minor into prostitution at a guest house on the island.

Of the seven suspects in custody, police revealed that an 18-year-old had previously been arrested for child sexual abuse.

The case is currently under investigation by the Thinadhoo police station and the Gaaf Dhaalu atoll family and children service centre.

Last week, the Fuvahmulah magistrate court sentenced a 39-year-old woman to 25 years in jail for forcing a child into prostitution.

“Systemic” exploitation

In the first official acknowledgement of child prostitution in the Maldives, then-Gender Minister Azima Shukoor revealed in May 2013 that children were “being used as sex workers, where the children are sent to places as a means to pleasure people and to gain an income from such a trade.”

“This is being practiced in the Maldives today. Both boys and girls are being used in this trade,” she stated.

In June 2013, multiple sources told Minivan News that child prostitution was prevalent in the country, ranging from male benefactors grooming children with ‘gifts’ to parents actively exploiting their children.

A study focusing on Laamu atoll conducted by Consultant Clinical Psychologist Maldives Institute for Psychological Services, Training & Research (MIPSTAR), Dr Aishath Ali Naaz, showed that child prostitution was so “common” among minors that it was considered a normal activity.

A former island chief explained to Minivan News that there have been cases of middle aged or elderly men providing financial support to young girls for basic necessities “and then taking advantage of the position [of benefactor].”

Reported cases typically involved low income families “with four or five children,” he said, with adolescent girls aged 16-17 often targeted.

“The children have basic needs that are not being fulfilled, so the elderly man will first gain the child’s trust with small gifts,” he explained.

“At that point he becomes her benefactor. Then he gets closer and tries to take advantage of the girl. And the girl does not have the capacity or courage to resist,” he said.

While child prostitution is more pronounced in some atolls than others, Dr Naaz said it was “a systemic problem” across the country.

In the capital Male’, explained Dr Naaz, there appeared to be an even split between families pimping out their children for economic gain versus gangs facilitating the trade for girls suffering from substance abuse problems.

“There are instances where family members may hire a room for rent, keep the children in there, and then use them to generate money through sexual activity so they can support their stay in Male’,” she said.

“Many times the parent, uncle or sibling may be involved in drug abuse and in order to get money they introduce the children to the trade,” said Dr Naaz. “On the other hand, you have people deliberately using and recruiting young girls into this and involving them in sex”.

“Sometimes – and I don’t want to put the on blame them, because it’s not every gang – there are youth groups who may keep a few girls whom they pimp.”

She also highlighted instances of mentally disabled children being abused for sexual activities by adults.

“They’re vulnerable so they’re not able to protect themselves,” she said.

Other cases were said to involve groups of women renting rooms in Male’ and “recruiting vulnerable young people who may not have their parents [in the city],” she explained. In some cases,  young girls with intellectual impairments “are taken in by these groups of women.”

She identified a “gradual process” of minors being “groomed” by adults via the internet and/or social media, with children taken to known “spots” and introduced to those involved in the sex trade.

In other instances, the minors are pushed to provide nude photos, and then emotionally blackmailed with threats that the pictures will be posted on the web, and ultimately recruited into prostitution.

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