Category: Crime

High Court overturns life sentence for drug possession

The life sentence handed down to Hussein Mohamed Sobah of Raa Atoll for drug possession was today overturned at the High Court.

In January 2013, Sobah was given the sentence after the Criminal Court found him guilty of possessing 2.5k of illegal drugs.

The High Court ruling today stated that Sobah had appealed the ruling, basing his argument on four main points. The High Court, however, had only referred to fact that police had failed to obtain a warrant – or the permission of the owner – before searching the premises of Golden Alloy Pvt Ltd [where the drugs were discovered].

The High Court said that when the judges panel presiding over the case looked into the matter, it noticed that Sobah had highlighted this issue during the Criminal Court hearings.

The court stated that the only situation in which the police can enter a house without the consent of the owner or with a court warrant was in a situation where a person’s life was at risk, requiring police to take immediate action.

The ruling said that the evidence collected inside the premises of Golden Alloy Pvt Ltd could not be considered as admissible, and that the constitution of the Maldives stated that the court should dismiss any evidence collected unlawfully.

In June 2011, police arrested Sobah with another man on suspicion that they were in possession of illegal narcotics, during a special operation conducted by the Drug Enforcement Department (DED).

At the time the then-DED Superintendent Mohamed Jinah said that the police were able to seize the drugs before they had been circulated across the country, and that this was a great success for the police and government.

The street value of these drugs was estimated by the police to be approximately MVR1.7 million (US$110,000) .

The two men were arrested near the UN building in the Galolhu district on Malé following intelligence reports. Police stated that the drugs were imported with the assistance of a cargo vessel.

“The vessel drops these things into the sea into an area determined by them,’’ the police at the time. “They went to the location on a dingy and picked it up and brought it to Malé.’’

The second man arrested with Sobah was also tried at the Criminal Court, though the court ruled  there was not enough evidence to prove guilt.

The Criminal Court’s ruling on Sobah stated that the fingerprint comparison report for the drugs discovered inside the office matched with the left hand, middle finger, of Sobah.

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Civil Court declares former police intelligence director’s arrest unlawful

The Civil Court has declared the Maldives Police Services’ arrest of former Director of Police Intelligence Sabra Noordeen on 16 March 2013 unlawful, unwarranted, and an ‘abuse of power’.

The court has also ordered the police to erase the record of the arrest and to issue a written apology.

Speaking to Minivan News today, Sabra said she had filed the case “because I wanted to set a legal precedent which would make the Police think about the wider rights and responsibilities they have to uphold before they exercise their powers.”

The police arrested Sabra upon her arrival at Malé International Airport on 16 March 2013 on the charge of “inciting violence” against a police officer on 5 March 2013 during the arrest of President Mohamed Nasheed. The police also confiscated her passport.

She was then handcuffed in order to be transferred to Dhoonidhoo prison. However, the police took her to Malé instead, and released her after issuing a summons to appear at the police station at a later date for questioning.

Sabra first appealed the Criminal Court warrant at the High Court and asked for compensation for damages. In August 2013, the High Court ruled the warrant valid, but said that Sabra should seek compensation at the Civil Court.

In yesterday’s verdict, the Civil Court noted the Criminal Court had not ordered the police to arrest Sabra, but had provided a warrant authorising her arrest upon the police’s request.

The court said she could only be arrested under such a warrant if there was “a necessity for her arrest”,  and if such a necessity ceases to exist, she should not be arrested “even if the warrant has not expired”.

The Civil Court noted that the High Court judges had deemed Sabra’s quick release on the day of her arrest to have been an indication of the lack of necessity for her arrest.

The Civil Court has also warned that the police’s abuse of power defeats the purpose for which the institution was founded, and would create doubt and fear about the the institution.

The verdict declared that Sabra’s arrest violated her right to protect her reputation and good name as guaranteed by Article 33 of the constitution, and the right to fair administrative action guaranteed by Article 43. The court also found that the police had acted against their primary objectives underlined in Article 244.

Following her arrest in March 2013, Sabra called for police reform in order for the institution to regain public confidence – including the dissolution of Special Operations unit and holding police officers accountable for misconduct and brutality.

“I quit the Maldives Police Service on 8 February 2012 with a profound sense of sadness for the institution and the colleagues I left behind. I do not believe that everyone in the MPS was involved in the mutiny or the coup and I do not believe in blaming everyone in a police uniform,” she wrote in an article detailing the events of her arrest.

Previously, the Criminal Court had declared the police’s arrest of incumbent Vice President Dr Mohamed Jameel Ahmed and the arrest of Ghassaan Maumoon, son of former President Maumoon Abdul Gayoom, as unlawful.

In 2010, the Civil Court also declared the Maldives National Defense Force’s “protective custody” of current President Abdulla Yameen as unconstitutional, while the Supreme Court ordered the immediate release of both Yameen and Gasim Ibrahim (both members of parliament at the time).

Accusations of brutality and misconduct by MPS officers are common and have been confirmed by various independent state institutions. Among them are the Commission of National Inquiry (CNI) that looked in to the controversial power transfer of February 2012 and two constitutionally prescribed independent institutions – the Human Rights Commission of the Maldives and the Police Integrity Commission.

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Home Minister vows to track every can of beer

Home Minister Umar Naseer has vowed to limit the sale and use of alcohol to Maldivians by placing a GPS tracker on alcohol containers, or a mark on every can of beer.

While Maldivian law allows foreigners to buy and consume alcohol at licensed locations, citizens are subject to 40 lashes in public and a jail term for alcohol consumption.

Speaking at a ceremony at the Customs Building on the occasion of World Customs Day, Naseer said alcohol released from bonded warehouses have been found in the capital Malé and in the islands.

He suggested safari boats were involved in the sale of illegal alcohol, and vowed to monitor the entry and exit of alcohol from bonded warehouses.

“One method is to place a GPS tracker on alcohol cases and check where they end up. I think this is something we can do with modern technology. God willing, we will do this, or place a mark every bottle of alcohol or every can of beer. We will place this mark before we release them from the bonded warehouses,” he said.

If alcohol containers are found on inhabited islands, the authorities will use the GPS tracker or the mark to track down the party to which the particular containers were released to and hold them accountable, he said.

Naseer also said that Maldives ports are not secure and that the government must invest in fences, x-ray machines, body scanners and improved customs facilities in order to seal the ports.

Expressing concern over the sale and consumption of illegal narcotics, Naseer said these substances must be stopped at the port of entry.

“Every 100 grams of narcotics that enters the Maldives destroys one child in our society. That child then has to go to jail or rehabilitation [centers]. To sell every 100 grams, 10 people have to package it and sell it on the streets. Every 100 grams, on average leads to three robberies. Every 100 grams creates five criminals. Maldivians participate in prostitution in order to buy it. Beg to buy it,” he said.

The Maldives Customs Services faces challenges in carrying out its duties due to the Maldives’ large sea area, the increase in new ports, and limited resources, he added, promising to increase coordination and cooperation between the customs, police, MNDF and immigration in order to monitor the entry of contraband.

In an interview with Minivan News earlier this month, Naseer said his first priority as Home Minister is “the fight against drugs” by controlling the gates through which drugs enter the country.

Last week, Naseer also ordered the Maldives Correctional Services to make preparations to implement the death penalty through lethal injections despite the lack of legislation administering the death penalty.

Amnesty International has called the move a “retrograde step and a serious setback to human rights in the country.”

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Maldives must stop “retrograde” step towards death penalty: Amnesty International

Amnesty International has called upon the Maldives government to halt any plans to end the current moratorium on the death penalty, calling such moves a “retrograde step and a serious setback for human rights in the country”.

The statement follows Home Minister Umar Naseer’s decision to order correctional authorities to begin preparations for implementation of death sentences by lethal injection.

“There is no such thing as a ‘humane’ way to put someone to death, and no evidence that the threat of execution works as a deterrent to crime. Maldives should put an immediate end to such plans now, and instead abolish the death penalty in law once and for all,” said Amnesty International’s Maldives Researcher Abbas Faiz

“The government’s order is surprising and extremely disappointing. The death penalty violates the right to life, regardless of the circumstances of the crime or the execution method used,” he added.

President Abdulla Yameen – on a state visit to Sri Lanka at the time of Naseer’s announcement – has subsequently promised “broad discussions” on the issue within his cabinet.

While death sentences continue to be issued in the country, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954 for the crime of practising black magic.

The Maldives currently has 20 prisoners sentenced to death – a punishment the recently elected Yameen said he would support during his election campaign after a rise in the murder rate.

The most recent passing of the sentence came just days prior to Naseer’s announcement. Hussain Humam Ahmed was sentenced to death for the brutal murder of MP Dr Afrasheem Ali in October 2012. The sentence was handed down at the behest of Afrasheem’s heirs – permitted to request the death sentence under Islamic law.

Amnesty have pointed out that the apparent decision to resume the death sentence is in contradiction with the International Covenant on Civil and Political Rights – a treaty to which the Maldives became a party in 2006.

Though Naseer noted that he intended to act “in accordance with international treaties we have signed”, Amnesty have stated that death sentences handed down to juvenile offenders are contrary to international law.

Speaking on Thursday, Naseer has stated that the order is in alignment with the draft bill on death penalty implementation which the state has made ready for submission to the parliament.

“We will not wait for laws to be drafted and passed. The law allows for implementation, and it is at the discretion of the home minister to order implementation,” Naseer said, adding that – should a relevant law be passed in the future – the state would then abide by the new laws.

The home minister noted that all appeals processes would be exhausted prior to implementation of the sentence.

Amnesty has suggested that the public interest might be best served by strengthening the judiciary in order to prevent human rights abuses during criminal proceedings.

In a damning 2013 report, Special Rapporteur for the Independence of Judges and Lawyers expressed concern over the failure of the Maldives justice system to address longstanding issues of corruption and human rights abuses.

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Eight arrested in drug bust with more than 300k in cash

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 yesterday.

In addition to the drugs and cash seized after searching Maafanu Zillion with a court warrant, police discovered a caged slow loris. The importation and sale of the endangered primate species is illegal in the country.

The house was searched based on information of a “wide drug network” obtained by police drug intelligence.

Yesterday’s raid followed a similar operation earlier in the month, in which a 23-year-old suspected of supplying illegal drugs was arrested – also in Maafanu ward. Official statistics reveal drug-related offences reported to police had risen by 84 percent between 2012 and 2013.

The suspects taken into custody yesterday included three men aged 20, 24 and 53 as well as three women aged 19, 35 and 47.

The Criminal Court today extended the remand detention of the 20-year-old man and 35-year-old woman to 15 days and granted a three-day extension for the remaining four suspects.

Police also found a liquor bottle and a handcuff from the adjoining residence, Maafanu Zefiah, and took two men aged 21 and 28 into custody.

According to the police Drug Enforcement Department (DED), the street value of the drugs seized from Maafanu Zillion was more than MVR200,000 (US$12,970).

The drugs were found in five small film canisters and a large rubber packet.

Among other items confiscated from M. Zillion – located near the Maafanu police station – included four sex toys, empty bottles of alcohol, walkie talkies of the Kenwood brand used at construction sites, 39 cans of beer and equipment used for packing drugs.

The search operation conducted jointly by the DED, drug intelligence department and the Specialist Operations (SO) command concluded at 5:30pm on Monday.

The case is currently investigation by the DED and the Criminal Investigation Department.

Police further revealed that the 47-year-old woman had previously been convicted for drug trafficking and sentenced to 25 years in prison. She was however transferred to house arrest on December 6, 2008 due to poor health.

Local daily Haveeru reported today that the woman was convicted in late 2007 for assisting her son – who was in grade nine at the time – to buy and sell drugs.

The conviction was upheld by the High Court in 2012 following an appeal on the grounds that the woman suffered from a mental illness.

During an interview with Minivan News this month, Home Minister Umar Naseer said that the main target of his ministry for the next five years would be to curb drug-related crimes.

Naseer said that he intended to give 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.

Speaking about reducing drug-related crimes, Naseer said that he would focus more on major drug dealers, rather than those further down the criminal hierarchy.

The home minister also pledged to find ways to enforce Maldivian law on drug lords living overseas who were allegedly involved in the drug trafficking in the Maldives.

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Police arrests drug lord during special operation

Police have this morning conducted a special operation, raiding the house of an individual alleged to have been supplying the illegal drugs trade in the Maldives.

The police issued a statement today revealing that the operation was conducted this morning at about 8:20am, with officers raiding the premises of Woodpecker house in Maafannu ward – the home of the alleged drug lord.

According to police 500 grams of suspected illegal drugs were found inside the house.

Police did not reveal the identity of the suspect arrested in the case, but stated that he was 23 years old and involved in a wide network of drug business in the Maldives.

Official statistics reveal drug-related offences reported to police had risen by 84 percent between 2012 and 2013.

On December 5, police searched the premises of Henveiru Fahaageaage after obtaining a search warrant, on suspicion that the house was related to a local drug network operating in Male’.

During the operation police discovered drugs and money inside the house.

Police said that persons believed to be involved in the network were apprehended inside the house during the operation.

According to police, a total of four persons have been arrested in connection with the case including a Pakistani and a Sri Lankan national.

At the time, police said that more places involved in the drug network were being searched.

No further details of the operation were provided in the statement, though it was said that further details will be divulged later.

Yesterday, police told local newspapers that a special operation had been conducted in Male’ to reduce criminal activities conducted by gangs operating inside cinamale’ flat area and its surroundings – discovering four knives and suspected illegal drugs.

The raid was reported to have followed numerous complaint from residents. Police dismantled huts and bird cages inside the premises that had been built without permission from Male’ City Council, on suspicion that these areas may have been used by the gang members to store drugs.

During an interview with Minivan News last week, Home Minister Umar Naseer said that the main targets of his ministry for the next five years would be to curb the drug-related crimes occurring in the country.

Umar Naseer said that due to the increase in drug related offenses the criminal justice system has been overloaded – as had the work of police and customs.

He told Minivan News that the main cause of this overload was the increase in drugs being smuggled and the amount of drug abusers and peddlers.

Naseer said that he intended to give high priority to enhancing the customs services in order to stop illegal drugs and other contraband from being brought in to the country.

Speaking about reducing drug-related crimes, he said that he would focus more on major drug dealers, rather than those further down the criminal hierarchy.

The home minister also pledged to find ways to enforce Maldivian law on the drug lords abroad who are involved in the drug trafficking cases occurring in the Maldives.

According to Naseer, the police intelligence department has been widened by training more intelligence officers

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Nexbis gave laptops as “bribes” in border control project: ACC

Malaysian security firm Nexbis offered laptops as “bribes” to the Department of Immigration and Emigration’s staff to proceed with a border control project, the Anti- Corruption Commission has said.

In a statement today, the ACC said Nexbis had given 14 inch Lenovo laptops to senior staff at the Department of Immigration on May 10, 2012 in order to “increase Immigration staff’s interest for the project, and to obtain their cooperation so that Nexbiz could proceed with the project.”

The government signed a concession with Nexbis in 2010 to install and operate a border control system. However, in 2011 the ACC ordered the government to terminate the contract claiming that then-Immigration Controller Ilyas Hussain Ibrahim and a Finance Ministry official had abused their authority for undue financial gain in awarding Nexbis the MVR500 million (US$39 million) project.

Nexbiz appealed the commission’s order at the Civil Court. While the Civil Court ruled the ACC did not have the authority to terminate the contract, the High Court later overturned the lower court’s ruling.

In August 2013, the government terminated the agreement citing unspecified “major losses” to the state and replaced the project with a Personal Identification Secure Comparison and Evaluation System (PISCES) provided by the US government. The parliament had also unanimously voted for termination of the contract in December 2012.

In September 2013, the Supreme Court upheld the Civil Court’s ruling declaring that the ACC did not have the legal authority to order the termination, noting the order was made after the agreement was signed.

Evidence

According to the ACC, the concession agreement does not list laptops under project deliverables. Although the concession agreement says Nexbis must provide mobile enforcement tools to enforcement officers, laptops are not included in these tools.

The steering committee in charge of the project told the ACC that the laptops were given in order to facilitate communication between the project’s stakeholders, to conduct border control training and to test the system.

However, the Immigration Department’s IT staff told the ACC that every immigration staff member had a desktop computer and that laptops were not necessary for the outlined tasks.

Evidence shows “the project’s steering committee accepted the laptops as a bribe to enable Nexbiz and gave laptops to other Immigration staff as a bribe,” the ACC said.

The commission has recommended the prosecutor general file bribery charges against the steering committee for accepting bribes and offering bribes to other staff.

The steering committee includes former Immigration Controller Ilyas Hussein Ibrahim, and staff members Abdulla Waheed, Ibrahim Ashraf, Saeed Mohamed, and Ali Saeed.

If found guilty, the five may be sentenced to five years in jail, banishment, or house arrest.

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Police clear criminal records of 1,023 young persons

Police have cleared the police records of 1,023 young persons who were arrested for various criminal offenses, as part of police work to provide job opportunities for young people.

In a statement issued today the police said Commissioner Hussain Waheed had urged all young persons to make the best out of this “golden opportunity” and to leave the crime environment and become useful people to society.

Police reported that they had cleared the criminal records of 564 cases where young people were involved.

Furthermore, the police statement noted that they were trying to conclude the investigations into at least 80 percent of the cases submitted to police before the first 100 day of the new government ends.

A lack of jobs was cited as one of the major reasons for young people to join gangs in a 2012 report made by Dr Aishath Ali Naaz for the Asia Foundation.

The report, which collected data through 20 focus groups and 24 in-depth interviews with gang members, 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,” a gang member interviewed by Dr Naaz’s team said.

Meanwhile, the day before yesterday (7 January) the Juvenile Court released the statistics from last year showing the number of convicted minors that applied to participate in the Correctional Center for Children, revealing that 21 had applied to take part in the programs and only six completed it successfully.

Escaping gang culture

In March 2010, Minivan News interviewed three gang members who spoke about the gang culture in Maldives, describing being stuck with the gangs because they could not get a job as they had criminal records which could be cleared only after five years.

The gang members told Minivan News they wanted jobs, but felt unable to get them because of the stigma attached to their police records.

One of them said he now prefers selling drugs instead of looking for a job “because it pays more”, while another said he was compelled to stay in the gang until his police record was cleared.

“In five years when my police records are cleared I will get a job,” one gang member said.

A senior gang member said his family forced him to earn money but that he was unable to get a job – again because of his police record.

“I would like to be like other people, going to work and earning money,” he said, adding that the government “must provide more job opportunities for the people.”

Earlier this month, in a speech given at the inauguration of the police organised camp “Blues for Youth” by the Commissioner of Police Hussain Waheed he said that there was a crucial need to increase participation of adolescents in the work to create a responsible youth generation.

“There is no pleasure any one can reap from frequenting scenes of crimes. It is by strongly staying away from crime and being responsible that real happiness can be achieved,” Waheed said.

He assured that the police force is ever willing to be of assistance to “bring youth to the right path” and to work for youth development.

Speaking at a National Day event, the Youth Minister has also unveiled plans to find employment for all youth by the end of the coming year, 2015.

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Only six convicted minors completed reintegration programmes in 2013

The Juvenile Court has released the statistics from last year showing the number of convicted minors that applied to participate in the Correctional Center for Children, revealing that 21 had applied to take part in the programs and only six completed it successfully.

According to a statement issued by the court gave the opportunity to participate for 16 minors out of 21 that applied to the rehabilitation programmes, aimed to facilitate reintegration into society.

Of the 16 charged, the Juvenile Court stated that five minors were charged with drug and alcohol related offenses, two charged with fornication and sexual misconduct, four charged with theft, two with robbery, two charged with objection to order and one charged with assault and battery.

The court said that the purpose of the programmes was to give a second chance for minors charged with criminal offenses to reintegrate in to the society and also to determine minors charged with criminal offenses that are working and studying and to help them continue their studies and work if they were sentenced.

In addition, the Juvenile Court said the program included teaching different types of work to minors charged with criminal offenses.

The court noted that those participating in the program had varied reasons for not completing, and also that there were minors that repeated criminal offences during the programme.

The Juvenile Court said that these programs were conducted in accordance with the court’s child correctional programs conducted under the regulation on juvenile justice procedure articles 19 and 20.

The programmes are conducted in cooperation with all the concerned authorities, and juveniles taking part in the programmes will have to participate in different programmes conducted by the correctional centre for children, the Juvenile Justice Unit, the National Drug Agency programmes and programmes conducted by the Ministry of Gender and Human Rights as well as different social programs conducted by NGOs, the Juvenile Court said.

A report made by Dr Aishath Ali Naaz for the Asia Foundation titled ‘Rapid situation assessment of gangs in Male’ 2012’’ suggested that minors are the most vulnerable within gangs and that they were used by gang leaders to carry out the gang’s dirty work, such as selling drugs and alcohol, inflicting harm on others and vandalizing property.

Dr Naaz’s reports said that judges have the discretion to deliver a more lenient sentence with regard to most criminal offences committed by offenders who are 16 years old or younger and gang leaders exploit this fact by using minors to carry out crimes.

Last year the Juvenile Court concluded 125 cases, with 54 of the cases concluded being drug related offenses committed by minors.

According to the Juvenile Court statistics the Prosecutor General filed 103 cases last year while 83 cases were filed in the Juvenile Court the year before.

The statistics also showed that 584 cases were brought before the judges to decide upon the extension of pretrial detention period for arrested minors.

Speaking this week at the inauguration of a youth camp aimed at preparing adolescents for integration into the workplace, Home Minister Umar Naseer pledged to introduce mandatory government service for school leavers.

Speaking at the same event, Commissioner of Police Hussain Waheed spoke of the need to create a responsible young generation.

“There is no pleasure any one can reap from frequenting scenes of crimes. It is by strongly staying away from crime and being responsible that real happiness can be achieved,” Waheed said.

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