Police officer kidnapped during a special operation conducted to arrest four men carrying alcohol

Police have said an officer was briefly kidnapped on Friday (August 31) during a special operation to crack down on a safari b0oat operator suspected of illegally supplying alcohol from a vessel moored in Hulhumale’ lagoon.

The special operation was conducted by the police Drug Enforcement Department (DED) following intelligence reports received by authorities that four men were allegedly unloading alcohol from a safari boat kept in the waters of Hulhumale’ to supply alcohol illegally on land.  Over 100 bottles of alcohol and forty cans of beer were later discovered during the operation, police have claimed.

Speaking to media at the Iskandar Building, DED Head Chief Inspector Ahmed Azhan said that two men from the safari boat came to Hulhumale’ jetty in a small dingy before being confronted by a police officer.  After the officer stepped onto the dingy to confront the men, the boat reportedly moved away from the jetty with the member of the police on-board.

Azhan told local press that a number of other police officers pursued the suspects in their own dingy that had been kept nearby.  Police eventually recovered the officer.

According to Azhan, officers then searched the dingy and found three bottles of alcohol inside a bag.

Police officers then went onboard the safari vessel to conduct a search that found alcohol bottles stored at different parts of the safari boat without any apparent arrangement or order.

Police said 106 bottles of alcohol and 40 cans of beer were found on the vessel once the search had been completed.

Azhan said the safari boat had the license to have alcohol on-board and noted that there were required procedures to follow for supplying such goods – procedures which the vessel’s operators had failed to maintain.

He also said that one of the four men arrested was a Maldivian male 42 years of age.  The other three individuals were all expats aged 27, 32 and 42.

Police have not so far disclosed the nationality of the expatriate workers on the boat, but said all four men were employed as staff on the safari vessel.

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Habitual protests “hindering Maldives development as a modern democracy”: CNI Advisers

International advisors to the Commission of National Inquiry (CNI) – Judicial Advisor Sir Bruce Robertson and Legal Advisor Professor John Packer – have defended the commission’s independence and professionalism in the wake of criticism from the MDP’s representative.

Ahmed ‘Gahaa’ Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and misleading translations.

“Four of the five members acted at all times with independence and integrity in carrying out the important task for the future of the nation,” stated Robertson and Packer, in an appendix to the report. “The other member was not at all times willing or able to act independently and resigned the evening before the report was submitted and published.”

Saeed’s resignation created “discord and mistrust” in a community “in desperate need of reconciliation”, the pair claimed, defending the professionalism of the CNI’s methods.

“We have seen nothing but objective and independent professionalism in the institution. The Commission has sensibly and sensitively heard all who wanted to make a contribution. It has firmly and fairly held participants to telling what they had heard and seen for themselves and deflected them from conjecture and speculation without facts.”

“The nation has been well served by the Commissioners and any assertions of bias or lack of objectivity levelled against those remaining have no justification. They reflect badly on those making unfounded allegations,” Packer and Robertson stated.

“For the evidence collecting exercise to have value all witnesses had to be questioned and challenged about their recollections of events and the basis for them. Equally they had to be confronted with alternative evidence so they had the opportunity to comment on it. Some found this process unsettling. Many were familiar and only comfortable with making assertions and not being required to justify or explain how they had reached their view,” they noted.

As the evidence unfolded, the advisors said they observed “a national obsession with street demonstrating at an alarming level”.

“Some would want to call [this] an example of the rights of freedom of expression and assembly. In reality it is rather more bully-boy tactics involving actual and threatened intimidation by a violent mob,” they stated.

“This perpetual behaviour is sapping public life and hindering the Maldives’ development as a modern democracy.”

The evidence revealed longstanding tensions in the Constitution as a result of a Presidential system being “grafted” on to a parliamentary system.

“The creation of independent commissions will only be the safety valve intended when they are adequately resourced and fulfil their mandates in a timely and decisive manner,” they observed.

Furthermore, “Fundamental to the operation of a modern democratic society is the existence of an operating and absolutely independent judiciary which has the confidence of the entire community. Radical action is required to breathe utility into much of the state framework, especially to ensure the proper administration of justice. This cannot wait.”

Dunya writes to McKinnon

The comments from the international advisers followed a letter sent to Commonwealth Envoy to the Maldives Sir Donald McKinnon by State Minister for Foreign Affairs Dunya Maumoon., daughter of former President Maumoon Abdul Gayoom.

In the letter, obtained by Minivan News, Dunya advises McKinnon that Saeed had “put the Commission’s work at risk by publicly questioning the credibility of its draft report, three days before its scheduled publication.

“He has also questioned the integrity of the highly respected senior judge from Singapore, Justice Selvam, the Co-Chair of the Commission, who was recruited by the Commonwealth. This is a disturbing development that could inflame the already heated political environment in the Maldives,” Dunya wrote.

She informed McKinnon that it was “time the Commonwealth puts into perspective the pattern of behavior by former President Nasheed since he resigned from the office of President, and ponders the credibility of his accusations and claims.”

“The government is committed to bringing stability into the country and cultivating the values of democracy in the Maldives,” she claimed.

“You may recall that while accepting Mr Saeed’s name to the CNI, the government made it very clear its strong reservations about Mr Saeed’s impartiality and independence because of his close associations with the MDP.

“We request you call upon former President Nasheed and his supporters in the MDP, as well as Mr Saeed, to stop their intimidatory actions and let the work of the CNI proceed to a successful conclusion. The Commonwealth’s valuable role in resolving the political tensions in the maldives is a critical one, and that role should also be seen to be fair as well,” Dunya wrote.

“Otherwise there is a risk that the country’s young democracy might be pushed into a steep decline where only chaos will reign.”

Former President Nasheed on Friday accepted the CNI’s report, subject to Saeed’s reservations, however he observed that the report had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

Minivan News is currently waiting for a response from MDP Spokesperson Hamid Abdul Ghafoor.

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Comment: So long, and thanks for all the democracy

On the night of August 29, groups of uniformed officials of the Maldives Police Service were observed going around Malé in trucks, singing songs and mocking opposition MDP activists – the same ones they brutalised in a nationally televised theatre of violence during the events of February 7th and 8th.

The next morning, large groups of uniformed police were huddled together on the streets in their riot gear, their faces concealed by balaclavas, while the country awaited an announcement from the Commission of National Inquiry (CoNI) appointed by the Waheed regime to ‘investigate’ the controversial transfer of power.

The announcement surprised exactly nobody; the council of pigs had found in favour of Napoleon. There was no coup, it ruled. In fact, there wasn’t even a police mutiny. And if there was one, it didn’t quite break any law, the report found.

By evening, the Waheed regime’s Police Service – now apparently empowered to make their own laws – had declared that calling them ‘traitors’ was now a crime, and any person indulging in the act would be arrested.

The declaration followed in the footsteps of two citizens being arrested in recent days for the offence of calling Waheed a ‘traitor’. Journalists witnessed one lady being taken away on 30th August, allegedly for the crime of taking photographs of the police.

Over the course of the day, scores of MDP protesters would be detained by the police in ancticipation of large scale protests against the findings of the report, and the continued demands for early elections.

With the international community apparently eager to wash its hands off the Maldives, there will be plenty of time and opportunity for the police to deal with troublesome critics over the remainder of Waheed’s rule.

The CoNI Report

Ahmed ‘Gahaa’ Saeed, the sole representative of President Nasheed on the 5 member Commission, resigned the day before the report was to be made public. In a press conference following the publication of the report, Saeed pointed out what appear to be serious lapses in gathering evidence and recording testimony in preparation of the final report.

Among them, he highlighted that CCTV footage was provided for only 3 out of 8 cameras around the MNDF area, and even those had hours of footage edited out. No sufficient explanation was given by the security forces.

The Commission was not provided any CCTV footage by the Police and the President’s office, according to Saeed. Nor was CoNI granted access to information gathered by the Police Integrity Commission.

Furthermore, no interviews were held with any official of the notorious ‘Special Operations’, the highly trained riot control force that played a crucial role in the ouster of the first democratically elected government, as well as the subsequent targeted attacks on civilians, MDP leaders and party activists. Also missing was the testimony of Umar Naseer, the Deputy Leader of PPM who has publicly declared his role in the overthrow of the elected government, and revealed the existence of a ‘command centre’.

According to Saeed, other prominent interviewees alleged to have played a role in the coup d’etat appeared to have been coached, with all of them giving standard, non-commmital responses.

None of these alleged lapses or limitations were highlighted in the final report.

Illegal duress

Section 4F of the report, defining ‘Coercion in Law’ begins as follows:

“Coercion, as used in the Decree, refers to the American legal concept of illegal duress or the English legal concept of intimidation. This is a real threat delivered by one or more wrongdoers to another to harm and injure the latter or his family if the victim does not do something as demanded”

But surprisingly, the report makes no mention of the leaked audio recordings, first aired by Australia’s SBS Dateline program, that clearly reveal the President pleading for the safety of his family in return for his resignation on the morning of February 7.

There were a few other sections of the report that raises eyebrows. Regarding an allegation about an SMS purpotedly sent by the then Permanent Secretary at the Ministry of Environment, allegedly asking for the disbursement of 2.4 million Rufiyaa to the mutinying cops, the Commission had this to report:

“[Mr. Saleem] debunked the message effortlessly, claiming that he did not recall sending such a message. After hearing him, the Commission would not invade and investigate the privacy and personal affairs of all and sundry…”

While the first sentence suggests some truly extraordinary levels of trust placed by the Commission in the testimony of the accused, the second reveals an inexplicable reluctance in pursuing every possible avenue of inquiry to uncover all relevant facts behind the power transfer – which, by definition, was the Commission’s job.

Furthermore, the report seems to paint a picture that the President was completely secure and faced no threat inside the MNDF HQ, when in reality it is undisputed that sections of the already outnumbered military had broken ranks and joined with the hostile police and opposition protesters in rioting outside.

Video recordings aired on National television showed military officers refusing to obey the President’s orders. Retired colonel Mohamed Nazim, in the video clip where he is seen addressing the mutinying forces outside, talks about being received warmly inside the MNDF HQ.

Indeed the CoNI report itself quotes him as saying “When I entered the military headquarters I was given a very happy scene. Everyone within the military lifted me up and very completely revealed their support for me. God willing, things will happen today as we want”.

If one is familiar with the fate of former Maldivian rulers facing chaotic mobs, then one realizes that guns were not necessary to threaten the President’s life. All that was required was for a solitary soldier to throw open the gates.
The report itself states elsewhere that all command and control was lost.

All of this appears entirely contradictory to the conclusions of the report that asserts that President Nasheed remained in control and had legal options to employ force to deal with the situation, which he refused to do – and therefore could not claim he resigned under duress.

This lends some credence to President Nasheed’s claims that the report was prepared with the political situation in mind, rather than with any serious ambition of uncovering facts.

Options before the MDP: Way forward

It is unrealistic to imagine that ordinary civilians, no matter how numerous or passionate, can topple a regime that is protected by a modern, trained, unsympathetic – and in this case, hostile – police and armed security forces.

The police have superior training, equipment, strategy, organization, intelligence gathering and other resources to counter and defeat any move that civilian protestors could possibly make. The same forces that protected the dictator Gayoom against an overwhelming tide of unpopularity can sufficiently protect his alleged puppet.

Given these realities, it is wise that President Nasheed has chosen to make a major concession and accept the findings of the report, while calling to implement its much welcome recommendations that include the strengthening of various institutions such as the HRCM, Police Integrity Commission, JSC and the Judiciary while also calling for swift action to be taken against rogue cops, who the report acknowledges had engaged in acts of brutality towards civilians.

While there remain serious injustices to be addressed and plenty of reasons for the MDP to be rightfully outraged, the path forward necessarily involves having to break the political gridlock that has paralyzed the nation since late last year.

It is clearly in the best interests of the public that the All Party talks resume and the daily business of running the nation and fixing the economy take centre stage again.

There are important lessons to learn from February 7. President Nasheed and the MDP need to introspect and reflect on their own considerable mistakes and poor judgments. The most important among them, perhaps, is committing to uphold the rule of law without any compromises, no matter how morally justifiable it may be.

With under a year left for the next scheduled elections, the MDP would be well advised to direct its efforts and resources on going back to the people and rallying them behind larger ideals.

Ultimately, one must remember that it was the people who handed a mandate to President Nasheed in 2008, and despite the ugly precedent set by the police and military, it will hopefully be the people once again who will make the decision in 2013.

So long, and thanks for all the democracy

With the publication of the CoNI report, and the apparent willingness of the international community to confer the same legitimacy on Waheed that it once granted the iron-fisted Gayoom – ostensibly with ‘stability’ in mind – the clocks have effectively been turned back a few years.

The Maldives’ unprecedented democratic revolution that began in the early 2000’s has ended prematurely, and many of the gains made since then have now effectively been reversed.

After three years, the Police have once again become an entity to be feared and loathed. The familiar intimidation of the media, and bullying tactics that were so widely prevalent during the Gayoom dictatorship is also back.

Waheed’s regime has been outright hostile to the free media, repeatedly barring the only opposition-aligned TV station from covering President’s office press conferences, and permanently withdrawing police protection for the channel’s reporters – despite explicit constitutional safeguards upholding media freedom. There is plenty of visual evidence of Raajje TV’s reporters being harassed and pepper sprayed at close range by the police; targeted attacks on the station by pro-government goons in August forced the station to interrupt services.

Citizens now face arrest for merely calling Waheed and his police forces ‘traitors’, whereas his regime regularly and unapologetically refers to citizens demanding early elections as ‘terrorists’.

The runaway judiciary remains weak and ineffectual, and there is no longer an elected President in power with any interest in fixing this crucial, but broken third leg of the base on which the country’s democracy was built to stand.

With a spineless media, a lethargic civil society, an incompetent Judiciary, weak institutions and watchdogs, a heavily politicized Police and military, not to mention the overarching influence of money and corruption in the whole process, the gargantuan task of achieving practical democracy in the Maldives appears forbidding, if not downright impossible.

To sow the seeds for a new revolution, the MDP needs to go back to the grassroots and educate the public.

February 7: the legacy

February 7 has left in its wake some very unwelcome precedents and niggling questions.

First among them is the newly acquired role of the police and military in determining the transfer of power, which the constitution had originally envisaged as being the sole prerogative of the voting public.

Will all future governments of the Maldives be required to buy the loyalty of the uniformed services with a range of perks, pay hikes, unprecedented promotions and turning a blind eye to their excesses and brutality in order to remain in power, as demonstrated by the Waheed regime?

Shall the Maldives follow in the footsteps of Pakistan that, over 65 years since independence, has failed to see a single democratically elected government complete a full term?

Finally, will the Maldivian judiciary ever become a house of justice for the public? Or will it remain perpetually overrun by incompetent fools, resistant to any external attempt bring them in line with the ideals enshrined in the constitution?

Does the Maldivian public really stand a chance to complete the democratic transition process we embarked on nearly a decade ago? Or will the next guy to attempt this Herculean task also pay the same price that Mohamed Nasheed did?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Government claims all-party talks consensus as MDP maintains “early” election calls

The President’s Office has claimed all-party talks held last night at Bandos Island Resort and Spa concluded with senior representatives for the government and the nation’s political parties agreeing to move ahead through parliament to address the discussion’s key aims.

President’s Office Media Secretary Masood Imad told Minivan News that the all-party talks – the last of which, held in June, failed to reach a consensus on an agenda that included setting dates for early elections – saw representatives agreeing on revising the aims of the talks to reflect the findings of the Commission of National Inquiry (CNI).

However, the opposition Maldivian Democratic Party (MDP), which continues to criticise the CNI findings – alleging they lack key witness testimonies and evidence – has today said it remained committed to pressing for early elections at the earliest possible date in line with calls from the European Union.

The comments were made after the CNI, charged with investigating the circumstances around the controversial transfer of power on February 7, concluded that the government of President Dr Mohamed Waheed Hassan came to office constitutionally.

The Commonwealth, which backed the CNI under a reformed mandate and composition, yesterday called for report’s outcome to be respected – a stance shared by the US, India and the UN.

Following the CNI’s conclusion yesterday, Masood claimed the talks, which were attended by President Waheed, MDP Chair and MP ‘Reeko’ Moosa Manik and Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali, “successfully” agreed to amend the aims of the talks. He added that these amended aims would now likely be addressed through the People’s Majlis rather than through continued external discussions.

Masood added that in light of the CNI’s findings, representatives at yesterday’s talks agreed on a new agenda, such as addressing legislative issues through parliament.  He contended that this work could potentially be dealt with through the formation of a special all-party parliamentary committee.

Speaking to Minivan News yesterday, DRP Leader Thasmeen said ahead of the talk that he believed the focus of discussions, which had previously outlined an agenda including potentially agreeing early elections for this year, “should now change”.

“There had previously been serious contention over the transfer of power. At this point we had been willing to discuss early elections. I think these questions have now been answered [with the CNI report]. It is now time for national reconciliation,” he said.

Thasmeen contended that the talks would likely no longer focus on agreeing a date for early elections, which President Waheed has previously said under the constitution can be scheduled for July 2013 at the earliest.

“I think it should be possible to move on and try finding common platforms for agreement,” he said at the time.

Both Progressive Party of Maldives (PPM) Interim Deputy Leader Umar Naseer and MDP Chair Manik – who were both representing their respective parties at the talks – were not responding to calls from Minivan News at the time of press.

MDP MP and Spokesperson Hamid Abdul Ghafoor said today that in spite of the CNI outcome, early elections remained a “key” focus of the opposition party going forward.

According to the MDP, the Commonwealth had not yet announced a change in its policy of pressing for early elections to be held this year to address the current political stalemate in the country.

Ghafoor added that he had also been encouraged by comments made by President Waheed in local media to hold talks between the leaders of the country’s parliamentary parties and himself, discussions he contended that would be limited to five key Majlis representatives.

In outlining the future focus of the party’s plans, former President Mohamed Nasheed was on Friday expected to hold a conference at 4:00pm in Male’ at the Mookai Hotel on Meheli Goalhi.

Addressing the party’s conduct following the CNI report yesterday, the MDP claimed that it believed 60 people were arrested during yesterday’s demonstrations as a result of an ongoing special operation launched by police in attempts to reduce unrest in the capital and wider atolls.

According to Ghafoor, the party was itself concerned with the large number of officers wearing balaclavas as they patrolled the capital, making it impossible to identify them individually.

“They were singing at MDP protesters and mocking them to try and provoke the public,” he claimed. “I myself observed spontaneous protests yesterday that were not organised offcially by the party. These were people who walked out of our national conference meeting yesterday. This situation saw a large number of arrests late into the night.”

According to official police figures, 50 people had been arrested as of yesterday afternoon. Of these suspects, seven were female and one person was classed as a minor.

By midnight, authorities confirmed that a further 13 people had been taken into custody. All suspects were charged with obstructing police in performing their duties.

Police Spokesperson Sub-Inspector Hassan Haneef today confirmed local news reports that police would be arresting any member of the public heard calling officers “traitors” or alleging they had played part in a “coup”.

Haneef did not clarify if any arrests had been made on these grounds at the time of press.

Police said earlier this week that they will provide full support and security services to the demonstrations held “peacefully and within the contours of laws”.

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President prepares to receive completed CNI report as authorities raise prison unrest fears

President Dr Mohamed Waheed Hassan will make an official statement today concerning the final draft of the Commission of National Inquiry’s (CNI’s) findings as the Commonwealth reiterates hope that all members of the commission’s panel will be “able to agree” on the finished report.

As the opposition Maldivian Democratic Party (MDP) has continued its criticism of an early draft of the Commission’s findings, claiming it fails to meet criteria set by the Commonwealth, authorities have this week been raising concerns about potential violence in response to the release of the CNI report.

Both the Maldives Police Service and the Ministry of Home Affairs have detailed fears of unrest spreading across the Maldives following the reports release, both in the capital and the wider atolls, as well as the country’s prisons.

Once having received the CNI’s report today, President’s Office Media Secretary Masood Imad confirmed that President Waheed would likely be releasing a statement on the findings.  At the time of press, Masood said that no time-line had been given by the CNI panel for when the completed report would be delivered to the president.

Along with the President’s Office, key state institutions like parliament, as well the prosecutor general (PG) and the attorney general will be receiving the report a day ahead of the planned public release.

However, Deputy Prosecutor (PG) General Hussein Shaheem told Minivan News that even if it received the report today, the PG’s office was unlikely to issue a statement itself until the findings had been studied and analysed.

“If the report does come out [today], it will be our responsibility to comprehensively read it and study the findings,” he said. “So far, we are not fond of making statements to the media, particularly without fully reviewing the report.”

Meanwhile, the MDP has itself continued to criticise a draft of the CNI’s finding that it has alleged contain “significant gaps” in the evidence it was provided.  The party has claimed these “gaps”, unless rectified, amount to “non-compliance” of Commonwealth guidelines in line with concerns initially raised by former President Nasheed’s own appointee to the committee, Ahmed ‘Gahaa’ Saeed.

In a statement, the party drew particular concern with the draft findings of CNI Co-Chair, retired Singaporean Judge GP Selvam, claiming they had been put together without the submission of statements from a number of individuals that hold key positions during February 7. These figures included, Former Commissioner of Police Ahmed Faseeh, Brigadier General (Retired) Ibrahim Didi (MNDF Male’ Area Commander on February 7), Brigadier General Ahmed Nilaam and Col. Mohamed Ziyad.

“The MDP shares Mr Saeed’s concerns as to how Judge Selvam’s draft could be complete when the commission has not adhered to its Commonwealth Agreement derived mandate to look into bank statements and telephone records of principal characters involved in 7 February’s questionable transfer of power,” the party stated. “The MDP’s National Executive Committee has previously stated that it will accept the findings of an inquiry that adheres to the guidelines and agreement reached between Mohamed Waheed Hassan Manik and the Commonwealth. MDP notes that the concerns raised by Mohamed Nasheed’s nominee to the Commission signal non-compliance with the rules and spirit of the inquiry commission set forth by the Commonweath Ministerial Action Group. “

However, echoing a statement released Monday (August 27) by the Commonwealth’s Special Envoy to the Maldives, Sir Donald McKinnon, the intergovernmental organisation said that it was calling on “Maldivian stakeholders” to address the CNI’s findings in a calm and responsible manner.

“[The Commonwealth] looks forward to the members of the [CNI] being able to agree on their report, as well as urges all stakeholders in Maldives to respect the Commission’s findings,” Commonwealth Secretariat Spokesperson Richard Uku yesterday clarified.

With the public release of the CNI report set for Thursday (August 30 ) the government and security forces have both expressed concerns over the potential for violence and unrest in the country with the Ministry of Home Affairs raising fears over alleged “plans” by some inmates to create violence in the country’s prisons.

According to Sun Online, Minister of State for Home Affairs Mohamed Fayaz alleged information had been received that inmates were to create violence within prisons at the behest of unidentified political groups.

Fayaz, who also serves as Head of the Department of Penitentiary and Rehabilitation Service (DPRS), claimed that communications with political figures had been facilitated by by mobile phones smuggled into prisons, with inmates suspected of such communication having been separated from other prisoners.

“Military fire capacity and police backup will be available on that day,” he was quoted as telling Sun, adding that additional checks had been carried out at the country’s prison as of yesterday evening.

Fayaz himself was not responding at the time of press, with Minivan News also awaiting a response to questions submitted to Minister of Home Affairs Dr Mohamed Jameel.

Minister of State Fayaz’s comments come days after the Maldives Police Service (MPS) launched an operation to introduce increased scrutiny of Male’s streets and its surrounding waters in order to try and control fears of a potential outbreak of unrest ahead of release of the CNI findings.

Maldives Police Service Assistant Commissioner Hussain Waheed told reporters at the time that authorities had decided to strengthen security across the capital and other islands, in order to “not give any opportunity to create unrest”.

However, Waheed claimed police would provide full support and security services to demonstrations held “peacefully and within the contours of laws”.

Despite the claims, the International Federation for Human Rights (FIDH) NGO this week called for the international community to send observers to Male’ in time for the release of the findings of the Commission of National Inquiry (CNI).

FIDH said that it was “extremely concerned” about the potential for violence in the build up and aftermath of the report’s release.

“The CNI was established in May to determine the nature of the transition of power in February, which led to the so-called resignation of President Mohamed Nasheed,” the NGO stated.  “These events were followed by continuous unrest in the streets of Male’ and severe repression of demonstrations by state security forces. FIDH calls on the international community to immediately send observers to Male’ to prevent further deterioration of the human rights situation in the country.”

Minivan News last night observed minor confrontations between anti-government protesters and police as about a thousand protesters took to Male’s streets ahead of the CNI release.

Police Spokesperson Sub-Inspector Hassan Haneef was not responding to calls at the time of press to clarify if any arrests had been made during the demonstrations.

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High Court upholds acquittal of police officer accused of assaulting Hussain Solah

The High Court has upheld a Criminal Court verdict acquitting a police officer of charges over assaulting an inmate in 2007, who was later found dead floating in Male’ harbour.

Corporal Ahmed Shah (Haa Dhaal Vaikaradhoo, Prim Rose) was accused of assaulting inmate Hussein Solah (Seenu Hithadhoo, Naazukeege) on April 12, 2007, three days before Solah was found in the harbour near the Atolhuvehi Detention Centre in Male’.

Shah was prosecuted on request of the Human Rights Commission of Maldives (HRCM), which obtained witness statements from three detainees who claimed Corporal Shah assaulted Solah in custody.

A seven-month investigation by the HRCM found that there was “not enough evidence to say for certain that Solah was [ever] released from custody.”

Police denied any wrongdoing and claimed Solah was released on April 13, informing HRCM that the inmate was suicidal and exhibited symptoms of heroin withdrawal.

In November 2009, more than a year after charges were pressed against the police corporal, the Criminal Court ruled that Shah was not guilty on the grounds that the witness statements were not sufficient evidence for a conviction.

The court noted that as Corporal Shah was in charge of the jail at the time, the witnesses were likely to be prejudiced against the senior officer.

Following the verdict, Head of the HRCM Legal Department Mohamed Shafaz Wajeeh told Minivan News that the court had a set a precedent of not considering witness statements from detainees without corroborating evidence.

Shafaz said he believed the case represented progress as it had been the first time such charges were pressed against a serving police officer.

The state however appealed the Criminal Court verdict at the High Court, which ruled (Dhivehi) yesterday that the verdict could not be overturned as the prosecution was unable to prove guilt beyond reasonable doubt.

History

Hussain SolahHussein Solah, 27, was arrested on drug related charges in Hithadhoo on April 9, 2007 and brought to Male’. Police claimed he was released on April 13, but he did not contact family or friends, and was found dead in the harbour outside the detention centre on the morning of April 15.

In January 2008, the HRCM requested criminal charges be filed against Corporal Shah, based on its findings and three witness statements.

In June 2009, the HRCM expressed concern that the case remained stalled at court as no hearings had been held for a year at the time.

Deputy Prosecutor General Hussain Shameem told Minivan News in June 2009 that a total of three hearings were conducted by the Criminal Court since March 2008.

At the last hearing on October 21, 2008, said Shameem, the issue of transferring proceedings to a court house near the Hathifushi low risk jail for a witness who was serving a sentence there was discussed.

HRCM Media Official Jeehan Mahmood, currently a member of the commission, told Minivan News at the time that the HRCM considered the case a custodial death.

A police media official meanwhile confirmed that Corporal Shah was serving in the police force and had not been suspended.

Under normal procedure, he said, a police officer who had a complaint filed against him or was involved in an ongoing court case would be suspended.

“But this is the Human Rights Commission’s allegations and it’s based on witness statements from three prisoners,” he said. “They don’t have any other evidence besides that.”

Waiting for justice

The discovery of Hussain Solah’s body sparked protests in the capital and Addu by the Maldivian Democratic Party (MDP).

Former President Mohamed Nasheed, then-chairperson of MDP, was beaten and arrested by police near the Aasaharaa cemetery  in Male’ on April 15, 2007, the day Solah’s body was found in the harbour.

Solah’s family meanwhile rejected the findings of a postmortem conducted in Sri Lanka, which showed that the cause of death was drowning.

On April 28, Solah’s body was buried in the Aasaharaa cemetery without the consent of the family.

Speaking to Minivan News in June 2009, Hassan Zareer and Waheeda Ahmed, Solah’s parents, said they were still waiting for justice for their son’s “murder”.

Zareer said police called on the night of April 13, 2007 and said his son was going to be released.

“When the HRC checked the cell they found his bag, his clothes and a chit that he had with him,” Zareer said.

Zareer said he was convinced that his son was killed by police.

“I was surprised because it was a holiday and the court usually doesn’t finish cases that soon,” he said.

Police asked him where Solah should be sent to in Male’ and he told them to send him back to Addu.

Zareer found out his son was dead when he saw the news on TV on April 15, he said.

He added he did not accept the explanation from police or the post-mortem conducted in Sri Lanka.

Further, he referred to security cameras outside the detention centre, which police could have used to prove that Solah was released.

“We just want to know who is responsible,” said Zareer. “We don’t want money or anything like that.”

The family was planning to submit a petition to parliament requesting an inquiry into the death.

“I think about it all the time. It is in my heart every day,” said his mother.

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Different strokes: Maldives power transfer expressed through art

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Human rights NGO calls for international observers in Male’ over fears of CNI-related violence

The International Federation for Human Rights (FIDH) NGO has today called for the international community to send observers to Male’ in time for the release of the findings of the Commission of National Inquiry (CNI).

With the CNI expected to publicly release its findings on Thursday (August 30), FIDH said that it was “extremely concerned” about the potential for violence in the build up and aftermath of the report’s release.

“The CNI was established in May to determine the nature of the transition of power in February, which led to the so-called resignation of President Mohamed Nasheed,” the NGO stated.

“These events were followed by continuous unrest in the streets of Male’ and severe repression of demonstrations by state security forces. FIDH calls on the international community to immediately send observers to Male’ to prevent further deterioration of the human rights situation in the country.”

The NGO’s statement comes a day after the Maldives Police Service (MPS) launched an operation to introduce increased scrutiny of the Male’s streets and surrounding waters in order to try and control fears of a potential outbreak of unrest ahead of release of the CNI findings.

Maldives Police Service Assistant Commissioner Hussain Waheed today told reporters that authorities had decided to strengthen security across the capital and other islands, in order to “not give any opportunity to create unrest”.

However, Waheed claimed police would provide full support and security services to demonstrations held “peacefully and within the contours of laws”.

Media Freedom

Discussing the current political situation in the Maldives, FIDH president Souhayr Belhassen claimed the NGO was concerned with a number of cases of violence and a “deterioration” in media freedom since February’s controversial transfer of power.

“Since last February, we have witnessed fast-increasing political violence in the Maldives, as well as the multiplication of arbitrary arrests, sexual harassment of female protesters and legal and physical harassment of opposition leaders, including murder attempts,” she claimed. “In such a context, the wait-and-see approach adopted by the international community has become unsustainable and irresponsible.”

During a visit to Male’ by the NGO earlier this month, FIDH claimed it had witnessed an ongoing “deterioration” in press freedoms since February.

“The influence of the Ministry of Religious Affairs and the extreme polarisation of the media have been a cause of concern throughout the [constutitional] reform process, and since last February, the authorities have been accused of harassing pro-opposition media,” the NGO said in its statement.

FIDH President Belhassen noted particular concern with the violent attack earlier this year of local blogger Hilath Rasheed, who was left in a critical condition after being stabbed in the neck near his home in Male’ last month.

FIDH alleged that the attack was conducted by religious extremists based on interviews conducted with Hilath after he had to fled the Maldives after partly recovering from his injuries. The government has denied there was proof of any religious motivation behind the attack, claiming it had been carried out by rival gang members.

“FIDH found that the general public has little trust in public institutions, and that these institutions are seen as ineffective in breaking impunity of perpetrators of human rights violations. Authorities also have failed to investigate police violence impartially,” Belhassen stated. “Moreover, despite all the evidence available, the investigation of the attempted murder of human rights defender Hilath Rasheed has not progressed.”

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MDP MP calls for investigation into allocation of 50 Hulhumale’ flats to MNDF officers

Maldivian Democratic Party (MDP) MP Ibrahim Rasheed has requested the Anti Corruption Commission (ACC) and Human Rights Commission of Maldives (HRCM) investigate the proposed allocation of 50 flats in Hulhumale’ to military officers.

MP Rasheed made the request in a letter forwarded to both commissions, according to an MDP statement.  The request, sent to the two commissions, claims that the allocation of 50 flats to officers in the Maldives National Defense Force (MNDF) is a “clear violation of the people’s rights.”  The allocation is to be taken from 1000 residential properties currently being constructed in Hulhumale’.

Rasheed claimed in his statement that the government has already decided to built flats in certain areas to provide housing for military officers, and therefore “taking away 50 flats belonging to the people” paves way for corruption.

If the government decides to give flats to MNDF today, he warned in future that more flats would have to be awarded to police and customs officers, as well as other independent institutions.

Meanwhile, the statement says that MP Rasheed had described the allocation of the flats as an example of the current government’s use of “undue power and influence” to attack people’s constitutional rights, asking the two commissions to investigate such actions.

He has there requested both commissions to block the allocation of the 50 flats to military officers and return the residences to the people.

Earlier this month, Defence Minister Mohamed Nazim announced that 50 flats on the island of Hulhumale’ will be awarded to military officers alongside financial assistance to help them keep up with payments.

He said that a committee headed by Brigadier General Abdulla Shamal will oversee the awarding of the properties to candidates from a “pre-set criteria” and officers from all ranks are expected to be included in the scheme.  The MNDF has announced it will also provide assistance to officers facing difficulties in meeting the required payments on schedule.

ACC Deputy Chair Muaviz Rasheed today said that he could not confirm if the commission has received the case concerning the military flats, or if an official investigation had started as he was currently on leave.

Rasheed did note that another investigation into the development of a military training facility on Thanburudoo island as a surf resort was currently underway.  He said no decision has yet been taken on the case.

Prior to the announcement on awarding flats to military officers, the news broke about the development of a tourist surf resort on the island of Thanburudoo under the newly established MNDF Welfare Company.

The decision attracted heavy criticisms from the local surf community after the MNDF confirmed that the island was to be awarded to a third party, identified as Singapore-based group Telos Investment, without an open bidding process.

The Maldives Surfing Association (MSA) hit out at the proposed resort development on Thanburudoo – known to be a popular surfing spot – claiming it will substantially reduce local access to an already limited number of high-profile waves in the country.

However, Telos Investment President Dr Gunnar Lee-Miller told Minivan News at the time that it would be issuing a statement soon regarding the project and the potential impacts on national surf development.

“To be sure, there is a robust surf development plan for local surfers and fruitful discussions with Maldivian Surf Association Leaders have already commenced,” Dr Lee-Miller responded by SMS earlier this month. “We care greatly about the development of Maldivian surfers both in Male’ and the outer atolls.”

Minivan News had not yet received a full statement from Telos Investment about their plans.

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