Violence escalates in Malé as police clash with MDP protesters

The Maldivian Democratic Party’s (MDP) protests in Malé escalated into violence over the weekend, with police and protesters sustaining injuries, arrests of demonstrators, intimidation of reporters, attacks on police, torching of police vehicles and vandalism of several businesses.

The MDP has vowed to continue street protests from July 8 until President Dr Mohamed Waheed’s administration is brought to an end. The party alleges President Mohamed Nasheed was deposed in a coup d’état on February 7 and has called for early elections.

Police arrested more than 65 protesters over the weekend, including the MDP Youth Wing President Aminath Shauna on Friday evening, and President Nasheed’s former legal advisor Hisaan Hussein on Saturday evening.

Shauna was released by the Supreme Court on Saturday at 9:00pm, after Chief Criminal Court Judge Abdulla Mohamed ruled that she not take part in protests for 21 days.

On Thursday night Minivan News observed dozens of policemen with riot gear and batons charging at protesters gathered at the junction of Chaandhanee and Fareedhee streets at approximately 1:00am. Protesters had heckled police and refused repeated police orders to disperse from the area. Some had also thrown empty water bottles at police.

A Minivan News reporter was among the crowd that ran before the police into the Sultan Park near the protest area. Pavement stones were flying in the park, but it was not clear who was throwing them. The crowd then gathered at the Chaandhanee and Majeedhee Magu junction afterwards. Minivan News saw a truck full of policemen driving through the streets at high speed, and individual policemen threatening and taunting protesters.

In a statement on Friday, police said MDP’s protests on Thursday night had turned into “riots” with protesters attacking law enforcement officers with chilli-infused water and pavement stones. A police officer was diagnosed with retrograde amnesia after being hit on the head, police claim.

The MDP have meanwhile accused President Waheed’s administration of systematically undermining civil and political rights, stating that police had “baton-charged demonstrators, used pepper spray and reportedly fired rubber bullets at unarmed protesters.”

Those arrested also included two disabled women, the MDP said.

“Demonstrators were always within demonstrating area set by regulation when police violently dispersed the crowd,” the MDP claimed. Police also attacked and beat President Nasheed’s former Human Rights Ambassador Mohamed “Go-go” Latheef and Malé Mayor “Maizan” Ali Manik, the party claimed.

The protest continues at the Chaandhanee Magu and Fareedhee Magu junction at the time of press.

Zero tolerance, say police

In a statement on Friday, police claimed protesters had attacked nine law enforcement officers “while a group of MDP activists brutally beating other security personnel and hitting his head has sent the officer into a retrograde amnesia.”

According to police, officers repeatedly asked the protesters to disperse from the area after midnight, but protesters threw glass pebbles and heavy lead balls at the police. The police were then forced to show “zero tolerance” to control the “atrocity” against them, the statement read.

Protesters attacked police media personnel, beat and threw a 45-year old man into the sea, broke the window panes of two shops, snatched seven mobile-radio sets and attacked several police officers, the police claimed.

In the attacks on the police, several police vehicles were damaged and one was set on fire, police added.

“The mob went on savaging the Male’ City streets, attacked another police officer and damaged his police motor bike near Masjid-Al-Zikra, a mosque in Majeedhee magu close to the junction. The mob also throwing pave stones to a police vehicle broke its window panes near the Le’cute’ shop, and a few yards east to the central junction on Majeedhee Magu scorched another motor bike,” the statement read.

Commissioner of Police Abdulla Riyaz on Twitter on Friday said he had instructed the Operation Commander to take necessary action to minimise injuries to police officers. Police Spokesperson Hassan Haneef explained Riyaz’s statement to local media Sun Online as meaning an instruction to take action to disperse protests at the first sign of violence.

Meanwhile, the Police Integrity Commission (PIC) on Thursday evening conducted breathalyzer tests on police on duty after protesters alleged police on duty were intoxicated. The test results were negative.

“Rights in full retreat”

The MDP has condemned police attacks on its MPs, journalists and protesters. MDP members have posted photos on social media depicting bruises and bloody cuts allegedly caused by the police.

MDP Spokesperson Hamid Abdul Gafoor said “civil and political rights are in full retreat. The police are responsible for daily human rights violations but nobody is ever prosecuted for these crimes – impunity has become the norm.”

The MDP has condemned the arrest of its Youth Wing President Aminath Shauna, and claims the arrest was “highly targeted.”

Police have denied any political motive behind Shauna’s arrest and said she was charged with obstruction of police duty.

Shauna’s arrest has meanwhile sparked international media attention with an online petition and a Twitter campaign calling for her release. A professor at Westminster College in the US state of Missouri has asked President Barack Obama to seek Shauna’s release. Shauna graduated from Westminster College in 2008.

“I fear for her safety and her life. I call on President Obama to demand her immediate release from prison and to grant her political asylum in the United States. She is the victim of political repression,” Professor of Political Science John Langton told newspapers the Fulton Sun and the Kansas City Star.

Criminal Court Judge Abdulla Mohamed released Shauna at 9:00 pm on Saturday evening on the condition that she does not take part in protests for 21 days.

Reporters attacked

Reporters of private television station Raajje TV, which broadcasts live coverage of MDP protests, told Minivan News they had to stop coverage after receiving death threats at around 4:00am on Friday.

Cameraman Ibrahim Riyaz said police had been verbally abusive towards him and journalist Zaidhullah Shabeen all night.

“When protesters set fire to the motorbike, a police officer came looking for us. Then we heard other police officers in riot gear say, ‘let’s beat them, destroy them and the station,’” he said.

Raajje TV reports its cameraman Mohamed Shanoon fell unconscious after being baton-charged and suffered a collarbone injury on Wednesday night.

The Committee to Protect Journalists (CPJ) has expressed concern over attacks on journalists from police and protesters. Private television station DhiTV’s presenter Mohamed Ameeth was mobbed by protesters on Wednesday evening.

Friday

Violence was relatively low on Friday night. Nineteen people were arrested, and police said they had dispersed protesters at 2:00am “without the use of force.”

However, protesters told Minivan News police in trucks had driven at them at high speeds causing protesters to scatter.

“We were afraid they would run us over,” protester Ahmed Yasmin said.

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UNHRC panel grills Maldives delegation on human rights commitments

A Maldivian government delegation sought to defend the Maldives’ human rights record and commitment to the International Covenant on Civil and Political Rights (ICCPR) before the UN Human Rights Committee (UNHRC) on Thursday and Friday.

The delegation was headed by Home Minister Dr Mohamed Jameel, former Justice Minister during the 30 year rule of President Maumoon Abdul Gayoom and co-author of a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’, published in January 2012.  The publication was released at a time when the home minister’s 2300 member Dhivehi Qaumee Party (DQP) was in opposition.

Dr Jameel was accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam.

Adam and Dr Jameel first read out a prepared statement from the government in response to a list of issues raised by the UNHRC. The delegation then faced questions from the panel, and were given the opportunity to respond.

Dr Jameel began by briefly outlining the current political situation in the Maldives, noting that the country had seen “significant changes” in 2012, which had “clear implications for rights protected under the Covenant.”

He explained to the panel that President Mohamed Waheed had ascended to the presidency according to the constitution following the resignation of President Mohamed Nasheed on February 7, emphasising that this elevation was “not a change of government, but a continuation of the democratic government.”

He acknowledged “disagreement over the nature and sequence of events that led to Nasheed’s resignation”, noting that this had “led Nasheed and his supporters to question the legitimacy of the new government” and “perpetrate the political tensions in the country.”

The government wished to accommodate peaceful protests, he said, but added that “Maldivian Democratic Party (MDP) activists harass fellow citizens at odd hours of the day, conducting political demonstrations late at night without notifying authorities.”

“The government opposes acts of violence, but these protests are violent in nature,” he claimed. “Despite this police have used minimum force and shown maximum restraint.”

The UNHRC panel began by observing that the government’s list of issues had been generated in 2011, “and as the delegation has conceded, there have been dramatic developments since then.”

The panel noted that the statement given by the government had noted that the provisions of the covenant were not treated as law in the Maldives unless incorporated, noting that this “could give the impression that the covenant did not have the status of law, whereas it has the status of international law.”

While Ambassador Adam had claimed that the Covenant was “adequately domesticated” in the Constitution, “we cannot say it has been adequately domesticated when the grounds for discrimination do not include language and religion,” the panel stated.

The panel also raised the “sweeping provision” in the Constitution that no law could be enacted contrary to a tenant of Islam, and what the ramifications of this were for the government’s commitment to the Covenant.

The panel drew on a report submitted by anti-torture NGO REDRESS, containing testimonies of 28 victims of torture while in state custody.

“Forms of torture and ill-treatment included the use of suspension, lengthy use of stocks, being beaten with fists and bars, kicked, blindfolded, handcuffed, the dislocation of joints and breaking of bones, being forced to roll and squat on sharp coral, being drowned or forced into the sea, being put in a water tank, being burned, having bright lights shone in eyes, being left outside for days while tied or handcuffed to a tree, being covered in sugar water or leaves to attract ants and goats, and in one case being tied to a crocodile’s cage. Sexual assault and humiliation was also routinely used. Many testimonies suggest the only limit to the torture and ill-treatment imposed was the imagination of those whose control they were under,” a UNHRC panel member read.

“Surely this is something that refers to before 2008,” the panel member stated, “but the [present government] has a responsibility to pursue and investigate and bring to justice if these [allegations] are indeed correct. If there is an atmosphere of impunity regarding torture, I would offer that the present situation would not be treated differently by those who would want to violate the office they have, and abuse those under their care, or those going peacefully about their business.”

The panel member also raised the question of judicial flogging, and asked the delegation to identify what crimes were punishable by flogging, and to what extent it was used.

“You say you identify a notion of discrimination because more women are flogged than men, but you don’t say what you intend to do about it,” the panel member stated. “To me the easiest way to do that is to abolish flogging.”

Another panel member questioned the delegation as to whether Dr Waheed had been publicly announced as Vice President before the 2008 Presidential election, whether his name had appeared on the ballot, and asked why the government had retreated from promises of early elections.

“I am aware that at the time of the transfer of government – and I’m not using the word some others would use – there was an undertaking for new elections to be held this year. And that undertaking was withdrawn. I can certainly see why, whatever the constitutional provision, there is a sense that a retesting of the government’s legitimacy might be a good thing,” the panel member stated.

He asked Dr Jameel to clarify a contradiction in his opening statement, in which he claimed that the government was involved in diagloue to generate consensus and that as a result Maldivians had been able to “enjoy their daily lives as normal”, but then went on to describe violent protests “which are making normal life in the capital impossible.”

The panel member also raised the “troubling role of the judiciary at the centre of many of these [recent] developments.”

“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” he observed.

One panel member raised the concern of the current push in the Maldives towards the cessation of the practice of the President commuting the death penalty.

Another, identifying himself as from a Muslim country himself, asked whether the universal recognition of rights guaranteed by the ICCPR “ fully coordinated” with the status of religion accorded by the Constitution in the Maldives, and asked about the ramifications this had towards the Maldives’ treatment of women, criminal sanctions, citizenship and freedom of expression.

“We face two trends: the universalist trend which places emphasis on human rights, and the cultural trend, which places the emphasis on Islam. The problem lies in reconciling the two,” he said, asking whether the Maldives was seeking the “modernist” approach of reconciliation.

In response, Dr Jameel said human rights in the Maldives streamlined with Islam “with very few minor exceptions.”

“The general acceptance of Muslim jurists is that Islamic human rights were there long before we subscribed to universal human rights,” he said.

“We declare that there are no apparent contradictions between human rights and what is there in the Maldives constitution.”

Dr Jameel observed that on the subject of religion and language, “As I highlighted, the Maldives as a Muslim country clearly stipulates that the rights enshrined in the constitution should be interpreted in a way that do not contradict Islamic Sharia.”

The Maldives was, he said, a homogenous society that spoke one language, was of one race and one religion, and therefore there was “no debate in society calling for the removal of the provisions [relating to] language or religion, because of the characteristics of the Maldives as a society.”

Dunya noted that “being a Maldivian and being a Muslim have become interlinked and inseparable. There is strong public support for the Maldives being and remaining a 100 percent Muslim country. Indeed if anything, the introduction of democracy have intensified [this perception].”

There were no plans to withdraw the reservation, Dunya said: “This is not dogmatic government policy or preference, but rather a reflection of the deep societal belief that the Maldives always has been and always should be a 100 percent Muslim nation. Laws, like government, should be based on the will of the people.”

On the subject of justice, Dr Jameel emphasised that any citizen could bring their grievances before the judiciary, over which the executive had “little or no influence.”

Regarding the “very useful” REDRESS report containing torture victims testimonies, “I admit we have a history that we need to go back and study to avoid what we have witnessed in the past. That was the reason why the Maldives has always been a very progressive society,” Dr Jameel said, noting the improvement in consecutive constitutions.

In the light “of many unfortunate incidents in the Maldives”, Dr Jameel noted, the Maldives had no period of limitation – and that therefore incidents such as the Addu and Huvadhoo uprising and the 1988 coup would also be open for victims to seek compensation.

“As a government we believe we have an independent judiciary. We leave it to the victims to invoke these instances before a court of law,” Dr Jameel said.

“We are a very poor country. Our budget for this year is in deficit, therefore any question of compensation will put the rights of many others in jeopardy.”

On the subject of the death penalty – which Dr Jameel himself has previously stated the government was prepared to implement – he noted that the Maldives was in the grip of a crime surge “which worries many”.

“For example, this year alone we have had seven murders in a country of 350,000. The country is really struggling to address this surge of crime. It is in the light of these occurrences that this debate has occurred. There is no official government discussion, but there are scattered debates across every section of society,” Dr Jameel said.

On the subject of the transfer of power in February, “if the Commission of National Inquiry (CNI) find any criminal offences that occurred during that period they may draw these to the attention of the relevant institutions, such as the Maldives police services,” Dr Jameel told the panel.

“There are various elements, this includes the judiciary and the Prosecutor General, who can order a probe if it warrants a criminal investigation, and compel police to investigate. HRCM is also mandated to investigate and appear in trials,” he said.

HRCM had already produced a report on the former President Nasheed’s “abduction of the Criminal Court judge”, Dr Jameel noted.

UNHRC Maldives webcast 1. Panel begins at ~42 min

UNHRC Maldives webcast 2

Maldives’ response to panel questions:

Maldives response and panel:

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Arson, rubber bullets, batons and pepper spray: MDP protests continue

Violence escalated during ousted Maldivian Democratic Party’s (MDP) protests on Wednesday night in Malé, with the party alleging police used rubber bullets and pepper spray, beat protesters with batons, and used excessive force to disperse the party’s four-day long protests. Police have denied the allegations.

Meanwhile, police barricades and a car belonging to Minister of Human Rights and Gender Dhiyana Saeed, were set on fire in Malé while a police station was torched in Noonu Atoll Holhudhoo Island.

Police have said they believe the arson attacks were connected to MDP’s protests, but the party denies the allegations.

A Sun Online journalist was also hit on the head with a battery thrown by a protester and a Raajje TV cameraman alleged police assaulted him during MDP’s protests. The Maldives Broadcasting Commission (MBC) has raised concern over both incidents.

The MDP has held regular marches calling for early elections, alleging President Mohamed Nasheed was ousted in a coup d’état on February 7.

Protests will not end until new President Dr Mohamed Waheed Hassan’s government is brought to an end, MDP has said, and has called on the public to display a yellow flag in their homes to show their support for the party and have urged islanders to come and join ongoing protests in Malé.

However, police have said they “no longer believe MDP’s protests to be peaceful” and said that the purpose of the protests seem to be “heckling police and obstructing police duty instead of demonstrating for early elections.”

In response, the MDP in a statement said police solicited gang members and government supporters to create unrest on Wednesday night in order to cast the party’s protests as violent.

Protesters remain gathered at the junction of Chaandhanee and Orchid streets at the time of press.

“Excessive Force”

The police used excessive force to disperse protests on Wednesday night, MDP has claimed in a statement. “Police in full riot gear have attacked unarmed protesters with batons and boots and pepper-sprayed protesters at close range. Furthermore, police are extremely verbally abusive towards journalists and protesters. Eye witnesses have said police used rubber bullets to disperse the protests last night resulting in severe injuries,” the party said.

Police allowed government supporters and gang members behind police lines to throw stones at protesters and set fire to police barricades in order to “create violence to disrupt protests,” the MDP alleges.

But police have denied allegations, claiming it was the protesters who threw pavement bricks, water bottles and batteries at the police.

“Five policemen were injured,” police Spokesperson Hassan Haneef said. “I would also like to note protesters had gathered a pile of bricks to throw at the police. They also set barricades on fire.”

When asked if the arson attacks were connected to MDP’s protests, Haneef said “we have suspicions as the MDP is constantly calling on the public to cause injury to the police.”

The police station on Holhudhoo Island was torched at 2:30 am, while Saeed’s car was torched at 4:00 am. All the furniture, three bicycles and motorcycles were damaged beyond repair in the police station while the car’s windshields, trunk and backseat were destroyed in the fire. A pavement brick and empty petrol can were found in the car, police said.

Reporters Attacked

Private television station Raajje TV’s cameraman Ahmed Shanoon suffered injury to his collarbone in a police attack, MDP claims.

MDP spokesperson Imthiyaz Fahmy also said he was “saddened and concerned” by the injury caused to Sun Online reporter Murshid Abdul Hakeem. A battery thrown during the protest hit Hakeem on the head.

Two journalists were briefly detained on Monday evening. Raajje TV journalist Asward Ibrahim Waheed said police rushed at and surrounded him as he attempted to obtain footage of police beating a protester.

Police then grabbed his neck, twisted his arm and threw him to the ground, Waheed said. Raajje TV has said police have targeted and assaulted the station’s journalists.

Further, DhiTV presenter Ahmed Ameeth was mobbed by protesters on Tuesday evening.

No journalists from Minivan News were injured covering the protest, despite a report published in local newspaper Haveeru. However a photographer from Minivan Daily – an unaffiliated publication – was reportedly hit by a police baton.

The Maldives Broadcasting Commission (MBC) in a statement today has appealed to the security forces “to allow broadcast media to operate with independence.”

The Maldivian Journalists Association (MJA) did not comment on the Monday arrests, but released a statement on Tuesday calling on journalists to avoid confrontation with the police by adhering to their code of ethics. However, the MJA did condemn the mobbing of the DhiTV presenter in a statement on Wednesday.

Heckling Police

A police statement said protesters had constantly tried to break through police barricades into areas where protesting is banned and said protesters were extremely verbally abusive towards the police.

“Although protesters claim to be calling for an early election, the protest has changed into one to heckle police and obstruct police duty,” the statement said, adding that police did not have a legal say on the issue of elections.

It also raised concern over the allegations of police brutality and denial of rights to detainees and protesters and called on the public to file complaints with the relevant human rights mechanisms instead of “accusing police of unproven allegations.”

Nine people were arrested on Wednesday, the police said.

MDP claims over 80 people have been arrested during the four day protest and 40 continue to remain in police custody.

U.S. Ambassador Patricia Butenis on Wednesday said she was “alarmed” by recent reports of police violence and said intimidation of protesters and attacks on journalists “threaten Maldivians’ freedom of expression and right to information and only contributes to instability.”

Amnesty International has previously condemned police’s “use of excessive force” in dismantling MDP protests.

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All-Party talks to resume with “high-level” meeting between President, political leaders

The Convenor of the All-Party talks, Ahmed Mujuthaba, has announced that a series of “high level” discussions will be held between President Dr Mohamed Waheed Hassan and the leaders of the largest political parties, to try and relieve growing political tension in the Maldives.

The talks were conceived as one of two internationally-backed mechanisms – alongside the Commission of National Inquiry (CNI) – to resolve the political deadlock in the Maldives following the controversial transfer of power on February 7.

The last round of the UN-mediated talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa in early June, collapsed after parties aligned with the government presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands.

The list included calls that the MDP “stop practicing black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

Also demanded during the talks were that the MDP “not keep crows and other animals in public areas”, “not participate in protests in an intoxicated condition“, and “not defame the country both domestically and internationally”.

One MDP representative at the talks, former Tourism Minister Dr Mariyam Zulfa, said other parties involved in the talks “were adamant from the beginning that under no circumstances would there be early elections. There was a lot of rhetoric and mockery against the MDP,” she said.

“The spirit of working together was not there. It manifested in their tone – mocking and sarcastic. They gave no seriousness to the discussion of any point,” she said.

In a statement today, Mujuthaba acknowledged that the 16 hours of talks at Bandos had resulted in “no breakthrough”.

“Having considered the whole process in depth, it became apparent that a fresh approach had to be made,” he said.

“With that in mind, I held a series of constructive meetings, separately, over the past month with the President and leaders of the largest political parties to discuss the prospects of continuing the political party talks.

“They have expressed a strong and shared belief in dialogue as the best way to address the challenges facing our nation. They agree that there are deep-rooted divisions and problems that must be resolved jointly if the Maldives is to continue on its democratic path,” Mujuthaba stated.

“In these meetings I have had detailed discussions on the possibility of facilitating a meeting of the President and leaders of these large political parties. All agree in principle to the need for high-level talks. I hope to secure the commitment of these parties to convene such a meeting at the highest level in the very near future.

“In the end, the most senior political leaders will need to create an atmosphere conducive
to discussions, and come together prepared to work in good faith,” he concluded.

No date has yet been set for the next round of talks. However the Commission of National Inquiry is due to release its findings at the end of August, following a one-month delay.

The MDP have been calling for early elections in 2012, a call backed by the Commonwealth Ministerial Action Group (CMAG) and other international groups. However, President Waheed has insisted that July 2013 is the earliest date elections can be held.

Parties allied with the government, including the Progressive Party of the Maldives (PPM) affiliated with former President Maumoon Abdul Gayoom, have meanwhile promised that former President Nasheed will be arrested before the 2013 elections.

“We will make sure that the Maldivian state does this,” promised PPM Deputy Leader Umar Naseer, late last month.

“We will not let him go; the leader who unlawfully ordered the police and military to kidnap a judge and detain him for 22 days will be brought to justice,” Naseer told local media.

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Maldives’ defence of human rights position before UNHRC to be webcast live

A Maldivian government delegation will stand before the UN Human Rights Committee (UNHRC) at 6:00pm (local time) on Thursday to discuss the current state of national efforts to address human rights and equality issues.

The committee hearing comes as certain local and international NGOs raised criticism over an alleged deterioration in commitments to address national human rights concerns since March 2011.

Representatives of the Waheed administration including Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during today’s session to discuss human rights in the country.

A number of NGOs, including Redress, the Helios Life Association, the International Disability Alliance (IDA) and social services veteran and former State Health Minister Mariya Ali have submitted reports and evidence to the panel, which is to be webcast live.

The broadcast can be viewed live here.

The government of the Maldives responded to the list of issues to be raised during the session today earlier this month.

However, speaking to Minivan News this week, President’s Office spokesperson Abbas Adil Riza said the administration’s key focus at the UNHRC hearing was expected to be countering allegations put forward by the opposition Maldivian Democratic Party (MDP) about alleged police brutality and human rights abuses conducted since it came to power in February.

Abbas added the government would submit its case against what it called grossly “exaggerated” allegations raised by the MDP, which clams to have been removed from office in a “coup d’etat” on February 7.

UK-Maldives All Party Parliamentary Group

Aside from the reports submitted to the UNHRC, a UK-based NGO called Maldives Watch this week provided a report to the UK-Maldives All Party Parliamentary Group outlining what it claims has been a deterioration in human rights commitments despite assurances given in the Universal Periodic Review (UPR) back in March 2011.

The report claims that the perceived decline in respect of human rights practices had been largely attributed to a “rising Islamist influence and the return of the former dictatorship.”

Since February’s controversial transfer of power, President Mohamed Waheed has installed a coalition unity government consisting of former opposition groups including the Progressive Party of Maldives (PPM), the Dhivehi Rayithuge Party (DRP) and the Jumhoree Party (JP) amongst others.

The PPM is currently headed by Maumoon Abdul Gayoom, the former autocratic ruler of the Maldives, who was succeeded by former President Mohamed Nasheed in the country’s first presidential elections in 2008.

The MDP passed a resolution on February 8 contending that the present government was illegitimate.  The party has therefore refused cooperation with the coalition’s work – a position it has continued to back amidst five consecutive days of protests in Male this week that have at times descended into violent clashes with police.

While Waheed’s coalition government includes cabinet positions for several members of former President Gayoom’s family and party, the president on February 17 denied the coalition had restored an autocratic dictatorship to power.

“Anything other than President Mohamed Nasheed’s government is now being painted as the old government, as a return to the old regime. Which is a really misleading way of looking at it,” he stated at the time. “In this country most of us grew up and got education during the last 33 years, and most of the well educated people in this country worked in government. The government was the biggest employer in the country and continues to be so.”

Violation claims

To justify Maldives Watch’s claims about a deterioration of human rights in the Maldives, the report pointed to a number of developments including the adoption under the Nasheed government of Religious Unity regulations it claimed served to violate freedom of expression and right to information.

“The regulations give the Minister for Islamic Affairs arbitrary powers to ensure that only officially sanctioned views on religion can be expressed,” the report claimed.

Maldives Watch also pointed to the condemnation of UN High Commissioner for Human Rights Navi Pillay following calls she made back in November 2011 to encourage a national debate to ending flogging, a commitment said to have been backed by the Maldives at the UPR.

Criticisms were also made of the December 23 Coalition in Defense of Islam, which included NGOs, former opposition politicians and prominent religious figures.

“The coalition was led by radical Islamists and were joined by all opposition parties, all advocating Islamic supremacist ideas,” the report added.

Concerns were also raised over the detention of Criminal Court Chief Judge Abdullah Mohamed on January 16 2012 under the Nasheed administration .

The detention, which the the government claimed had been made over concerns about “national security” owing to allegations that Judge Abdulla was involved in perjury and “blatant collusion” with the previous administration, was widely criticised by international bodies at the time.

Other issues raised by Maldives Watch’s report include:

  • The “overthrow” On February 7 2012, of the elected Nasheed government by various members said to be linked to the December 23 Coalition
  • Claims made this year by President Waheed on February 24, May 2, and “several occasions since” from other members of government, warning against dissent and labelling opposition as terrorists
  • A “resurgence of police brutality and growing violations of freedom of assembly freedom of association, and freedom of expression” since the transfer of power
  • Calls made during a series of stalled all-party talks – last held in June – for the opposition MDP to “give up its fundamental rights relating to freedom of expression, association, and assembly”
  • Police and the military “violently” taking over the state broadcaster before former President Nasheed’s resignation on 7 February
  • Allegations that private broadcaster Raajje TV “the only TV station critical of the government” has experienced government interference in obtaining a satellite uplink and harassment of its journalists
  • Perceived bias within the country’s judiciary, which is alleged to be either controlled by the elements of the Gayoom administration “or sympathetic towards the sharia norms espoused by the government”
  • Members of the Country’s Human Rights Commission (HRCM) perceived to be sympathetic to the interests of Maumoon Abdul Gayoom with a relative said to be employed in a key position within the body

The full report submitted to the parliamentary group is available here.

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PIC runs breathalyser tests following allegations of drunken police: results negative

The Police Integrity Commission (PIC) has revealed that a team from the commission recently visited the Maldives Police Service (MPS) headquarters to run breathalyser tests on some police officers involved in controlling the ongoing Maldivian Democratic Party (MDP) protests.

The MDP has been protesting in the streets of Malé for a fifth consecutive day, vowing to continue demonstrating until President Dr Mohamed Waheed Hassan’s administration is overthrown.

The party has alleged that the controversial transfer of power that took place on February 7 was an unlawful toppling of its government and described it as a coup d’état.

The PIC in a statement said that the commission visited the police headquarters following a report alleging that the police were acting in a “drunken” state while controlling the MDP Protests.

“Breathalyser tests are carried out to identify whether a person is in a state of intoxication or not. The report that we received regarding the allegations did not specify a number [of policemen who had consumed alcohol]. We want to release the details of this along with the test results,” said PIC President Shahinda Ismail.

Local media also quoted police media official confirming the PIC visit to police headquarters, but refused to reveal any further details.

“[PIC] are currently doing the tests. The tests are being carried out on 35 officers currently involved in operational level,” he said at the time.

Following the PIC’s breathalyser tests, Commissioner of Police Abdulla Riyaz in a statement to local newspaper Haveeru called on the commission to release the details of the tests as soon as possible.

He also told the newspaper that he believed that the commission should have released the results last night following the tests claiming that it was something the commission is “supposed to do”.

Regarding Commissioner Riyaz’s comments, PIC president Shahinda stated in the newspaper that the results would be released after a meeting with the commission members.

“We will reveal the results most likely in a press statement. We haven’t still been able to hold a meeting of the commission,” she said.

The PIC this morning released the results of the tests, refuting the allegations the police were in an intoxicated state during the protests.

The Commission said it had conducted breath analysis tests on all Specialist Operation (SO) police officers, none of whom tested positive for intoxication or alcohol consumption.

Speaking to Minivan News, PIC President Shahinda said the commission carried out the tests following a report saying that the police was “acting drunkenly during the protests” and that there was “the smell of alcohol coming from them”.

“We ran tests on the SO police officers. I think it there were about 37 or 38,” she said.

She also stated that none of the officers tested positive and that the allegations were false.

Asked if there were reports of alleged misconduct of police during the dismantling of MDP protests, she said that the commission had been receiving complaints and would be looking into it as per its daily routine.

She further stated that the commission was currently preparing a press statement asking the general public to provide any information on police misconduct following the events that unfolded on February 6, 7 and 8.

She also added that investigations are ongoing into allegations of police misconduct in Addu City on February 9.

PIC proves we are innocent: Police Media official

Speaking to Minivan News, Police Media Official Sub-Inspector Hassan Haneef said that the MPS welcomed the PIC statement, stating that it had proved their innocence.

He also said that some of the protesters were spreading false information and baseless allegations about the institution, and that the police were saddened to see such actions.

“We have noticed that some of the participants in the protests are spreading false information and making baseless allegations about the Maldives Police Service. We are very saddened to see such actions and we do condemn such actions,” Haneef said.

“It is a good thing that they filed the case with the PIC. That is the way  things actually should be,” he said, regarding the report.

Haneef also denied allegations that the police were targeting opposition aligned media outlets, stating that the police treated all media “equally and fairly”

“There is a cordon when police are trying to control protests. We always ask [media] to stay behind it and we will assure their safety and security. But when they go out of the cordon how can we identify them from the protesters when there are violence going on?” he questioned.

Asked about the issue of lack of coverage of the events if journalists stayed behind the cordon, he stated that the media should look into “alternative” ways of reporting.

“The media should seek alternative ways of covering the protests. We cannot guarantee their security when they are outside the police cordon.  Maybe they could get cameras with powerful zoom capacity to cover the protests from a distance,” he suggested.

Haneef stated that the police always approached the media in a “very friendly” manner and stated that no police officer would deliberately hurt a journalist.

Minivan News also tried contacting Commissioner Abdulla Riyaz but he had not respond at time of press.

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Majlis Committee asks CSC Chair to resign within 14 days for alleged sexual harassment

The Independent Institutions Oversight Committee of the People’s Majlis has asked Civil Service Commission (CSC) President Mohamed Fahmy Hassan to resign within 14 days for alleged sexual harassment, local media has reported.

The police and the Independent Institutions Oversight Committee launched an investigation into the sexual harassment allegations against Fahmy in June after a female senior research officer lodged complaints with the two institutions.

MPs, who wished to remain anonymous, told Haveeru and Sun Online that a majority of the eleven member Independent Institutions Oversight Committee found Fahmy guilty of sexual harassment after summoning and interviewing Fahmy, the victim and several female employees of the CSC.

A vote on a motion urging action against Fahmy was split when five members voted for and against the motion, local media has reported. Chair of the Independent Institutions Oversight Committee Mohamed Nasheed cast the deciding vote, passing the motion to order Fahmy’s resignation within 14 days.

A source, who had knowledge of the committee sitting, confirmed the local media reports to Minivan News, but declined to comment further.

Fahmy and several members of the Independent Institutions Oversight Committee were not responding to calls at the time of press.

Haveeru previously reported that the alleged harassment occurred on May 29. Both Fahmy and the victim were summoned to the committee after a complaint was lodged in the first week of June,the report claimed.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying “It won’t do for a beautiful single woman like you to get fat.”

The alleged victim’s family reportedly called Fahmy about the incident, after which it is claimed he sent a text message apologising for the incident.  Reports at the time alleged the read, “I work very closely with everyone. But I have learned my lesson this time.”

In response to the allegations, Fahmy told Minivan News last month that he believed the female staff member made up the complaint upon finding out she had not won a Singapore government offered scholarship to the CSC.

He alleged the claim was politically motivated, arguing the woman would have otherwise filed the case with the police instead of parliament.

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“No legal barrier” to implement Nexbis system: immigration controller

Controller of Immigration and Emigration Dr Mohamed Ali has said there is “no legal barrier” preventing the implementation of a border control system (BCS) developed by Malaysia-based security solutions firm Nexbis.

Dr Ali told Minivan News today Nexbis could continue with introduction of a new biometric BCS system after the Supreme Court in June invalidated a High Court injunction blocking work on the project in May.

The controller made his comments after Home Minister Dr Mohamed Jameel Ahmed maintained calls in local media to halt the BCS installation, citing allegations of corruption involving the deal.

Dr Jameel claimed a letter requesting work on the project to cease in line with the recommendations of Attorney General Aishath Azima Shakoor and the country’s Anti Corruption Commission (ACC) had been sent to the immigration controller.

“The government is also of the same view pertaining to the continuation of the project. We urge the project be taken forward with the recommendations of the AG and the ACC. As far as I’m aware, it is the stand of the government,” he was quoted as saying by Haveeru.

President’s Office spokesperson Abbas Adil Riza was not responding to calls at the time of press regarding the comments attributed to Dr Jameel.

The legal dispute between the Anti-Corruption Commission (ACC) and Nexbis escalated last week after the High Court ordered police to investigate claims made to the ACC that Chief Judge of the High Court Ahmed Shareef met officials from the company in Bangkok.

The dispute concerns the deployment of a border control system, specifically the installation of an electronic border gate system in Male’s Ibrahim Nasir International Airport (INIA), bringing technological upgrades such as facial recognition, fingerprint identification and e-gates to the Maldives.

The Rf500 million (US$39 million) deal had stalled after the ACC alleged corruption in the bidding process, leading to a ongoing series of high-profile court battles and delays that led the Malaysian firm to threaten legal action against the Maldivian government should it incur losses for the work already done on the project.

In May 2012, the project was brought to a standstill by a High Court injunction and a raid on immigration offices by ACC staff. At the time the Rf10 million (US$650,000) first phase of the border control project had been completed, according to local media reports.

Speaking today, Immigration Controller Dr Ali claimed that, in light of the Supreme Court’s decision to overrule the injunction, Nexbis had continued its work to install the system from where it had previously been halted.

“In the absence of a legal order and unless I get a decision from the cabinet, there is nothing that I can do on this issue,” he said. “The government wanted a biometric system to stop the smuggling and trafficking of people.”

Dr Ali added that with the Maldives having already signed up to conventions pledging to try and more effectively combat Transnational Organised Crime like human trafficking, new systems were needed to help meet these aims.

“From our own experience, we have found people being trafficked back into the country even after they have previously been deported,” the controller claimed.  “A system like this should put a stop to that.”

Trafficking concerns

The Maldives last month featured in the US State Department’s Tier Two Watch List for Human Trafficking for the third year in a row.

Having “not demonstrated evidence of increasing efforts to address human trafficking over the previous year”, the country only narrowly avoided a descent to Tier 3 – the worst category – after presenting a written plan on its commitments, claimed a corresponding US State Department report.

According to the report, implementation of the government’s written plan, “would constitute making significant efforts to meet the minimum standards for the elimination of trafficking.”

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Government decides to take back “some” services from Male’ City Council

President Mohamed Waheed Hassan yesterday announced the government would be taking over “some responsibilities” assigned to the elected Male’ City Council (MCC).

A press statement released by the President’s Office said the decision had been taken on the advice of cabinet to take back some services that are currently provided by the MCC.   These services are now expected to be given to the relevant government ministries.

The statement read: “Despite the legal system of the country [dictating] that several services given from the government to the public are delegated to local councils under the Decentralization Act, the decision of the President with the consultation of the cabinet, comes at a time where several of these local councils are failing to provide these services”

However, the statement did not reveal what services the government decided to take over.

The statement also said it was a constitutional duty of the president under the article 115 of the constitution to ensure that services given by the government are administered properly.

It added that the president wished to ensure such services were given properly, even if it meant taking back those responsibilities from the local councils.

The statement also said that the second reason for the decision was to ensure that the services were provided efficiently and easily as Ramazan was approaching.

“The members of the cabinet in the cabinet meeting highlighted the importance of providing services to the public efficiently and smoothly regardless of any political ideologies,” read the statement.

“Not undermining Decentralization Act”– President’s Office spokesperson

Speaking to Minivan News, MCC member Ahmed Falah said that it had not been informed by the government of a the decision to take back certain responsibilities.

“I am surprised that we haven’t been informed of the decision. Even I came to know about this from the local media” the councilor added.

He also expressed dissatisfaction at the decision, claiming the government intended to undermine the powers given to local councils under the Decentralization Act.

Speaking to Minivan News, Presidents Office Spokesperson Abbas Adil Riza denied Falah’s claims, citing that the council has become “too politicised”

“We are not trying to undermine the Decentralization Act, but how can we delegate responsibilities to a council that does not recognize a legitimate government?  They don’t recognize the government, they don’t recognize the people or the law and they only recognize their salary,” he said.  “They are failing to provide government services that they are supposed to provide for the people.”

Riza further claimed that the government would not stand by when such services were not being provided, and would take action accordingly.

He added that the decision comes at a time when the holy month of Ramazan was nearing and the government intended to “ease up and smooth” the services it provided.

When asked if the government intended to re-delegate the services back to MCC at a later date, Riza said that they would only do so when it deemed the council ‘fit’ to provide services impartially and properly.

“We would hand back the powers back to the council only when we see that they are capable of giving such services impartially and in adherence to the laws of the country,” Riza added.

The MCC, which has a majority representation of Maldivian Democratic Party (MDP) members, and the new government of President Waheed have been at loggerheads after the controversial transfer of power that took place on February 7.

On February 12, MCC passed a resolution stating that the council did not recognise the government of President Waheed and demanded he step down and hold elections in two months.

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