Hearing held into deaths of Emma and Jonathan Gray at Kuredu Island Resort

The Prosecutor General’s Office (PG) has pressed ‘disobedience to order’ charges against 23 year-old Swedish national Filip Eugen Petre, the driver of the King Quad 700 that crashed into a tree and caused the death of a tourist couple honeymooning at Kuredu Island Resort last year.

The first hearing of the case was held in the Criminal Court yesterday.

Petre’s lawyer Areef Ahmed contended that his client could not be charged under Islamic Sharia because his client is non-Muslim, local newspapers reported.

State Attorney Ahmed Nashid told the court that every soul was protected under Islamic Sharia and that Petre was charged for disobedience to order because it was a case involving two deaths.

Nashid also contended that under Islamic Sharia, if an offender’s action caused the death of a person, the offender shall be punished.

He told the judge that the crime Petre was accused of committing was carrying people on a vehicle which was not intended to carry passengers, and that his criminal actions started from that moment.

Judge Abdul Baary Yousuf asked Areef to explain this action of his client, to which Areef replied that this was the normal procedure at the resort.

The judge told Areef that he was not asking about the procedures of the resort, but was asking whether his client had acted right in the incident.

The judge kept repeating the question to Areef, and said that one’s disobedience was not a reason for others to disobey.

Areef then told the judge that he need time to answer the question.

According to Article 88 of the Penal Code, disobedience to order is a crime and According to Article 88[c], if the result of violating the article resulted a death, the case shall be dealt with according to Islamic Sharia.

While this can include the death penalty, in practice the Maldives commutes this to up to 20 years imprisonment.

The young tourist couple from West Yorkshire, Emma and Jonathan Gray, were riding on the quad-bike as passengers when it collided with a tree around 4:00am on August 6.

On August 6 last year police were informed by resort management at 4:15am that two guests had been found with injuries beside one of the resort’s roads

A statement from police that day stated that a third individual, later identified as Petre, was injured in the incident and was taken to hospital.

Jonathan’s mother Cath Davies recently told the Halifax Courier that the prospect of Petre facing the death penalty was “shocking. It’s absolutely horrendous,”

“We never expected there to be an outcome like this. It’s good they have dealt with it. It’s great they have investigated it properly. But I wouldn’t want it to be carried out. It’s not going to bring Jay and Emma back. It’s not going to make us feel any better. It doesn’t seem right. I just find it quite abhorrent,” she told the paper.

Following the incident in 2011, Filip’s father Lars Petre, a shareholder in the resort, provided a statement to Minivan News in which he described the accident as “by far the most tragic event in my life, and words cannot describe how saddened we are. I and my family are deeply concerned with errors on some of the media reports and we are also deeply saddened by some accusations made at my son.”

“My son Filip Petre (23 years) was taking the two guests home, to the other side of the island, when he experienced some difficulties with the bike, and crashed headlong into a tree on the road. The crash took two lives and badly injured my son.

“He fell unconscious with the crash and woke up some time later to find the two deceased also lying on the road. He immediately called for help and worked alongside with the doctor who arrived to try and save the victims of the crash, while he was bleeding himself.

Another British national, 42-year old Sharon Duval, died on Kuredu in October 2010, also while honeymooning with her husband, after her body was found on the beach by another guest.

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Don’t follow our example, Pakistani civil society warns Maldives

Civil society organisations in Pakistan have expressed alarm over the political crisis in the Maldives, urging the country not to make the same mistakes as Pakistan and calling for the Maldives’ suspension from SAARC until democracy is restored.

Civil society activists from organisations including the Pakistan Institute of Labour Education and Research, the Pakistan Fisherfolk Forum, Sindh Development Forum, former Supreme Court judge Nasir Aslam Zahid and human rights activist Iqbal Haider addressed the Maldives’ situation at a joint press conference on Saturday.

“At least two countries in South Asia – Pakistan and Bangladesh – that have faced martial laws and coups in the past know very well how people suffer when democracy is brought down,” the civil society representatives said, according to newspaper Pakistan Today.

“We believe that democracy and governance are two different matters and the failure of governance should not be equated with the failure of democracy. An elected regime is brought in by the efforts and votes of the people through the institution of elections and the exit of an elected government should also follow the same procedure.

“There is no way use of force or coercion should be allowed to overthrow a democratically elected government. We also believe that if South Asia is to progress as a region, it will have to adopt democracy as a system of governance,” the representatives said.

“We also stress the need for the Pakistani government to take a strong stand with regards to the events in the Maldives. There are a lot of similarities between the Maldives and Pakistan. Like the Maldives, the elected government of Pakistan too came to power after a very long struggle against military rulers that had held power unconstitutionally for a long time,” they said.

The Pakistani civil society representatives warned that the Maldives was now following the same path of decline that had mired Pakistan in political, religious and economic turmoil.

“The growing strength of religious forces in the Maldives seeking to assert their political prowess and their role in the overthrow of the government is also a point where Pakistan could relate to its South Asian neighbour. The elected governments in Pakistan have battled and are still struggling with the same phenomenon.

“South Asia, as a region, has lost resources and valuable time over the quest by powerful military institutions to assert dominance over the state. This has to be discouraged and a culture of promotion of democracy needs to be cultivated,” the representatives stated.

“We also urge the government to call for the activation of the SAARC mechanisms to prevent the undemocratic move in the Maldives. A joint stand from the platform of SAARC needs to be taken to condemn the events in the Maldives. We also urge all South Asian publics to take this matter seriously and support their respective governments in condemning the action.”

Civil society organisations in the Maldives have been noticeably quiet since the controversial events of February 7-8.

Off the record, several civil society figures have said they have avoided making a stand for fear of politicisation.

“I don’t think taking the right stand means we are politicised,” said another, on condition of anonymity.

“To be frank, we’ve really tried to work on these issues but we’ve hit a wall with the media, [particularly broadcast]. We’re just not getting the time and attention we used to [under Nasheed’s government].”

Several NGOs, including Transparency Maldives, the Maldivian Democracy Network, the Maldives NGO Federation and Democracy House sent a letter to new President Dr Mohamed Waheed Hassan on February 29 – three weeks later – requesting observer status on Dr Waheed’s Committee of National Inquiry (CNI) into the circumstances surrounding the change of government.

The NGOs subsequently met with Dr Waheed and the CNI in an attempt to ensure the composition was acceptable to all political parties, as Nasheed’s MDP has currently boycotted the inquiry claiming it consists of key Gayoom loyalists.

The NGOs sent a second letter on March 15. Minivan News understands that they are still awaiting a reply.

“The onus is on the President to change [the composition], as the CNI has said it cannot,” said an NGO representative.

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“My romantic ideas of how to deal with a dictator were wrong”: Nasheed

Allowing former dictator Maumoon Abdul Gayoom to live in peace following the 2008 election was a bad decision, former President Mohamed Nasheed has told Time Magazine.

The Maldives’ experience with the remnants of autocracy should serve as a lesson for other countries in the Arab Spring said Nasheed.

“The lesson is we didn’t deal with Gayoom. That’s the obvious lesson. And my romantic ideas of how to deal with a dictator were wrong. I will agree with that,” Nasheed told Time, in a striking reversal of his magnanimity in 2008.

Nasheed observed that “you can get rid of a dictator, but you can’t get rid of a dictatorship. You can get rid of a person very easily, but the networks, the intricacies, the establishments — you have to flush them. And to do that is not an easy thing. We have to be mindful with other countries going down the same line — for instance, Egypt, Tunisia, Libya. They’ll have good elections, they’ll probably come up with a better leader. But then the dictatorship will always try to come back. And it’s going to be impossible to hold them from coming back from within the system.”

Gayoom stepped down peacefully in 2008 after losing the country’s first multi-party elections election to Nasheed, a former political prisoner who was quickly dubbed ‘South Asia’s Nelson Mandela’ by international media outlets. The peaceful transition from autocracy to democracy was held up as a model for other countries by human rights and democracy organisations, including the Commonwealth and UN.

Nasheed, despite heavy resistance from key supporters, pledged to leave Gayoom in peace, acknowledging his contribution to the development of the tourism industry and encouraging him to assume a role as a respected elder statesman.

“Be magnanimous in times of victory, and courageous in times of defeat. The test of Maldivian democracy will be how we treat our former President,” said Nasheed at the time.

His sentiments were echoed during a state visit from the President of Timor-Leste, Jose Ramos-Horta.

“I prefer to be criticised for being soft on people who committed violence in the past than be criticised for being too harsh or insensitive in putting people in jail,” said Ramos-Horta, during a visit to the Maldives in February 2010.

“Our approach fits our reality, an approach the president of the Maldives and I share – the need for magnanimity. Immediately after our independence in 1999, I said: ‘in victory be magnanimous. Don’t rub the wounds of those who feel they lost. Make them feel they won, also.’”

Exactly two years later Ramos-Horta would become the only world leader to condemn “the obvious coup d’état”, and the “unsettling silence of big powers”.

After the 2008 election Gayoom continued to lead his Dhivehi Rayithunge Party (DRP), but in January 2010 announced his intention to bow out of politics ahead of the DRP congress, anointing Ahmed Thasmeen Ali as his successor and become the party’s ‘Supreme Leader’.

“The Maldives is a young country, and only will progress if youth become involved in politics and leadership,” the 72 year-old said during a live press conference on January 25, 2010.

“I am not young any more. I have spent many years in office, and I want to spend time with my family. I need to give the younger generation the opportunity [to lead the party] – they are capable,” Gayoom said.

A senior government source at the time observed that Gayoom’s announcement was not met with celebration by the country’s leadership.

“There is no jubilation here. It was very hard on some people when Gayoom publicly denied he ever harmed anyone,” the source said.

With Gayoom absent from the DRP, a power struggle quickly erupted between the vigorously uncompromising faction of Umar Naseer, a former policeman, and Thasmeen’s mellower, more conciliatory approach to opposition politics. The struggle came to a head with the expulsion of Naseer from the party in late 2010, a decision that sparked Gayoom’s return to active politics with a dramatic attack on Thasmeen’s leadership in a 12 page open letter.

Backed into a corner by the party’s Supreme Leader, Thasmeen did not respond, while the infighting – occasionally violent – culminated in Gayoom’s faction splitting from the party and forming the Progressive Party of the Maldives (PPM), backed by the People’s Alliance (PA) of his half-brother, MP Abdulla Yameen.

The PPM actively led protests in the lead up to Nasheed’s downfall on February 7, opposing everything from the “idolatrous” SAARC country monuments in Addu to Nasheed’s detention of Criminal Court Judge Abdulla Mohamed, an ill-fated last-ditch attempt to reform the judiciary.

Speaking to Time Magazine this week, Nasheed said he had pushed against a “witch hunt” after coming to office: “We didn’t want to purge the military, we didn’t want to purge the police.”

“There were mistakes,” he confessed. “One thing the international community finds it difficult to understand was the arresting of the judge. He asked a child to re-enact a child-abuse case in the court. The whole country was disgusted by it. The very next week, he gives an order for a murderer to be released because the Ministry of Health didn’t have a death certificate. And then [the released man] goes out and murders again. It was like releasing a hit man so he could go out and make another hit. The whole picture was getting very, very clear with gangs, drug dealers and with Gayoom and his cronies,” Nasheed told Time.

The government had begged the international community for assistance after detaining the judge, Nasheed said.

“Unfortunately, I kept on asking everyone – the Commonwealth, the EU, the Indian government – to assist us in reforming the judiciary. But they were very late in coming. And we didn’t get the necessary help from them,” he said.

“Also we were bringing in reforms very rapidly. We were liberalising the outlook of the country very, very rapidly. Especially with Islamic radicalism. Our ideas of moderation, the moderate Islam — there were some small, entrenched sections that reacted strongly against me. I thought they were odd people here and there. But there was a core of radical Islamists who fueled the coup through media and harping on about how un-Islamic I am. I must confess, I’m not the most pious of the people. But I am a strong believer.”

Nasheed predicted that Gayoom would make a move for the presidency “when he thinks it’s in his hand, when he feels the field is skewed enough in his favor.”

“His designs are to have a stronger hold on power. He would avoid an election. I am sure he would avoid the scheduled election in 2013 as well. He’d try to push back the elections as much as they can. He would talk in words that the international community will like. We had elections in 2008, 2009, 2011 that were all free and fair. But suddenly the US government is saying, ‘Oh Gayoom says, there might be a problem with the election commission.’

“This is very strange. At the same time, [Gayoom] will start running things through the military. My fear is that we’re not going back to pre-2008 Maldives. We’re going back to pre-2008 other countries, to Pakistan, perhaps, where the military becomes so strong that they call the shots.”

Nasheed said he was “shocked” at the speed with which the US, India and other countries recognised the new government, especially after “we did so much to encourage internationalism, encourage liberalism, to bring Indian investment — to get rid of anti-India phobia. We tried to have good relations. But when push came to shove, we ended up in the wrong. Somehow we were not the right people to talk to. If you want to be a regional leader, you must be sensible. And consistent. And you should lead. They should protect democracy, and they should be on the side of democrats and human rights.”

Nasheed said they tried to encourage him to form a national unity government, “but my point is, why should we try to unify the dictatorship? The coup is not unifying the country – it’s bringing back the old dictatorship. We didn’t want to have a part in it. We beat them in the elections. It’s wrong to talk about governing with Gayoom because he was rejected by the people.”

The international community had slowly begun realigning itself after realising that the ousted government was refusing to be supressed, and had backed early elections – “they should have been the first to say it, not me,” Nasheed noted.

India in particular “has the means” to push for early elections, Nasheed observed.

When those are held, “I am very, very confident that the people will decide upon us. And the thing is not who wins an election – it’s the fact that you have to have one. It’s the fact that a government is formed through the people.”

Read the full interview in Time Magazine

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Police arrest five in connection with murder of Ali Shifan

Police have yesterday arrested five people in connection with the murder of Ali Shifan ‘Tholhi Palay’, 33 of Fairy Corner house in Maafannu ward. Shifan was was stabbed to death last Sunday.

Police Spokesperson Sub-Inspector Hassan Haneef confirmed to Minivan News that the arrests were made and that they the suspects were now in police custody. Haneef said one of the suspects arrested was a minor.

He identified the arrested persons as Mohamed Asif, Ali Asif, Mohamed Shaifan and Ali Malash.

All five were summoned to court, which extended the detention period of Mohamed Asif to 15 days, while others were given five days.

It was too early to confirm whether Shifan’s death occurred as a result of a gang related fight, Haneef said, adding that the investigation into the case was ongoing.

The victim was taken to Indira Gandi Memorial Hospital (IGMH) minutes after the attack, however the hospital said he was dead on arrival.

Spokesperson of IGMH Zeenath Ali Habeeb told Minivan News that Shifan’s family had requested the hospital not share any information regarding the death with the media.

Haneef also declined to give details of the injuries to Shifan’s body because the family has requested the hospital not to share the information.

A friend of Shifan told Minivan News that Shifan was attacked while he was waiting in front of West Park Restaurant for a friend.

‘’He was having a coffee inside West Park Restaurant and went out because a friend of him was coming to see him,’’ he said. ‘’He was waiting with another friend and this group shows up with sharp weapons.’’

He said the first attack came from behind while he was standing outside the cafe.

‘’It was a long bladed knife and he is a very slim man. He was stabbed from behind and it went straight through his back and came out the other side,” the source said, claiming that Shifan had been stabbed twice.

The source alleged the attack was politically motivated and that gangs were being set against each other.

‘’Shifan was a very peace loving man and he always said he did not want war,’’ he said, claiming the assailants attacked Shifan because of his friends.

The attack had widowed Shifan’s wife of 15 years, the source said.

‘’The police have started investigating the case and they have met with some of the witnesses,’’ he added.

Shifan was attacked at about 4:15pm on April 1 on Boduthakurufaanu Magu, the outer ring road of Male’.

Police said according to witnesses, a group of men on a GN model motorbike came and attacked the victim.

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IMF predicts dire consequences if deficit reduction fails

The IMF yesterday warned the People’s Majlis that if the country does not reduce its expenditure, it risks running out of reserves and miring the country in poverty.

“The expenditure has not been under control since 2009. It has been rising, and we have been [issuing] warnings since then,” Haveeru reported the Chief of the IMF mission in the Maldives, Jonathan Dunn, as telling parliament.

Previously highlighting “significant policy slippages”, in particular the government’s failure to curtail spending, the IMF felt it necessary to delay the third tranche of funding in 2010. Nasheed’s government contended that it had tried to impose austerity measures, in particular pay cuts for civil servants, but had been blocked by the Civil Service Commission (CSC) and then-opposition majority parliament for political reasons.

Dunn recommended against printing money or obtaining loans from other countries, given the current economic frailty of the Maldives.

His suggestions for expenditure reduction included revising civil servants’ salaries and allowances, increasing the Goods and Services Tax (GST) from 6 percent to 15 percent, re-introducing import duties, and increasing bed tax by 50 percent, from US$8 to $12.

According to the World Bank, a 66 percent increase in salaries and allowances for government employees between 2006 and 2008 was “by far the highest increase in compensation over a three year period to government employees of any country in the world.”

Originally, it was foreseen that the shortfall from import duties was to be covered by Rf2 billion in tourism goods and services tax (T-GST) and Rf 1 billion as general goods and services tax (GST) revenue.

The IMF representative also noted that budget figures they studied did not represent the change in the way lease extensions for resorts were now being received.

The new government recently revised the policy on lease extension payments for resort islands, making the sums payable in instalments rather than lump sums. Former Tourism Minister Mariyam Zulfa has argued that this policy is largely responsible for the current budget deficit, instantly creating a US$135 million hole in the budget for the short-term financial benefit of several influential Maldivian resort owners.

Detailed national income statistics are now published monthly by the Maldives Inland Revenue Authority (MIRA). Total revenue collected in March was Rf 648.7 million (US$42.1 million), more than triple the amount received in March 2010.

However, “revenue received [in March 2012] is 37.9 percent lower than the projected revenue, mainly due to the unrealised revenue from Lease Period Extension,” MIRA observed.

Total revenue collected during the first quarter of 2012 represents a 113.9 percent increase on the same period last year. Half of the revenue collected during this period was attributable to the Business Profit Tax (BPT) and GST, introduced during Nasheed’s government.

Head of the Majlis’s Financial Committee, Deputy Speaker and People’s Alliance (PA) MP Ahmed Nazim, met with the IMF last week and said their main concern was that the 2012 budget “may not be realised.”

“The IMF feels there is a big hole in the forecast revenue,” said Nazim.

He also felt the investigation of the expenditure on the Aasandha health insurance scheme to be relevant, as it represents more than 10 percent of the budget.

Although he described the scheme’s future as assured, he expressed grave concerns over the sustainability of the scheme as currently practiced.

“It is a hole in the pocket of the government. It seems odd that half of the population has used it, there is no epidemic, and yet it has used Rf 3 million (US$195,000) a day on medicine,” said Nazim.

Nazim also mentioned the shortfall of over Rf 500 million from the failure to privatise  Maldives Post Ltd, Island Aviation and Maldives In-flight catering.

Tourism Revenues

Due to the country’s reliance on imports, the waning of reserves was described as very dangerous, with the IMF comparing the situation with that of the Seychelles in 2008.

The Seychelles secured a US$26 million Stand-By Arrangement from the IMF after a balance of payments crisis saw the country default on international loans. In exchange, the Seychelles, whose economy also relies heavily on tourism, undertook stringent cuts, including shedding 12.5% of the government workforce.

The Seychelles crisis was partly attributed to a fall in the tourism trade damaging the country’s finances. Concerns have been raised regarding the effect of the current political crisis on the current Maldives’ government, with some figures suggesting numbers were down as a result.

Dunn anticipated that the tourism figures were likely to affect the amount of the GST that would be received, which he argued could not replace the income forfeited by suspending many import duties. Both measures were introduced with cross party support at the start of the year under the previous government.

The Maldives Association of Tourism Industry (MATI) had previously warned that the industry stands to lose as much as US$100 million in the next six months due to widespread media coverage of the country’s political unrest.

More recently, however, the Tourism Ministry declared its confidence that this year’s arrivals will break all previous records. Maldives Association of Travel and Tour Operators (MATATO) yesterday revealed plans to specifically target certain markets with specially assigned staff members to help achieve those aims.

Deputy Minister of Tourism Mohamed Maleeh Jamaal said that the Tourism Ministry did not forecast that the decline would continue.

“The Chinese market is improving. Our [predictions] do not show that the Chinese market will decline to the extent the IMF has said, and we had a positive growth in the last three months,” he said.

Concluding his presentation, Dunn pressed home the harsh reality of the economic climate.

“These are tough steps to take. It requires your [MPs’] cooperation. It is your responsibility as well. This is necessary for the nation. Immediate steps have to be taken. This is the reality, we have to face it.”

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Q&A: Police Commissioner Abdulla Riyaz

Police Commissioner Abdulla Riyaz was appointed following the change of government on February 7 in what former President Mohamed Nasheed and the Maldivian Democratic Party (MDP) contends was a police and military-led coup d’état. Riyaz had previously served as Assistant Commissioner but was dismissed by Nasheed’s government in 2009.

Daniel Bosley: Why did you decide to promote so many officers all at once?

Abdulla Riyaz: Well, most of the promotions have been overdue for a long time, and when I took office I looked at the reasons and discussed with the executives, as I have mentioned, that we have been working to restructure the whole organisation which I have done. It has been selected to under directorates which would be able to form some departments, and in the departments there will be several units which will cover the whole country. We have a constitutional responsibility as well as from the police act. We have a lot of responsibilities to protect and serve the people, to keep the peace in society, and to maintain law and order so I thought it is necessary that these arrangements should be made and that is what we have done. All the promotions that we have awarded are based on the promotion regulations.

DB: Is this re-organisation linked to your aim of de-politicising the police force?

AR: Well, there is no politicisation in the police any more. But for the last three years, this organisation has been heavily influenced by politicians. I’m sure all professional journalists, if they have done this analysis or investigation, would find that. Since I have taken office I have looked at some of the issues and have found that some of the promotions have been given just because of political influence. There have been some officers transferred from one police station to others just for the political reasons, so I am here to make sure that I am serving this organisation, also the people of the Maldives, without bias. Today I can say very proudly say that we are working without any political influence, from the President or from the Minister. It is totally, one hundred percent, independently operational now.

DB: So, there have been demotions as well?

AR: No, there hasn’t been any demotion – definitely not so far, and I have no intention to either. If there has been any misconduct, any unlawful act done by any police officer; if they have been found guilty by law or by disciplinary boards, through the due process. If that kind of advise or that kind of verdict comes, I will definitely take those actions [to demote]. I will never hesitate to demote a police officer if they are found guilty of any unlawful act.

DB: There has been a lot of talk about reform and enhanced training; what kind of things do you have in mind for the future?

AR: For the training, our main challenge at the moment is to keep the peace in our society. To do that we have prioritised our operational practice. One of these is drug trafficking; the second is violent crimes, organised crime, counter terrorism, and road discipline – so these are the five main operational priorities that we are going to focus on this year. Most of our resources will go to make sure that we get results in these areas and our training will be focused on that.

We said that we would also want to make sure that we can convince the public and increase the public perception about the trust and confidence in the police, we need to improve that. That is one of the main areas we need. For that we need to assure that the police is not biased, that the police are professional, that we deal without any gender bias or without any political differences of that nature.

So, I am very confident that we will be in a better position to get this [confidence] back. I am pretty confident that we can achieve public trust and confidence. It’s just a couple of months that I have taken office and so far the feedback that I have been getting is very positive, and of course I am open for any comments or suggestions from the members of the public;  from which we will definitely make changes to our programmes or our projects.

So mostly, all our focus will be on that. We are doing a lot of training on professional development; investigations to make sure that, rather than on the number of cases we investigate, we concentrate more on making sure that we have more successful prosecutions. Because we have seen in the past a lot of cases that have not been proven at the court of law. That is a big concern for me, so I am working very closely with the Prosecutor General as well to make sure that our officers are trained professionally to investigate, to interview, trained to collect evidence, analyse it, submit reports and present it at the court of law, and make sure we have successful prosecutions. That is the other main area.

We are also very much concerned about our officers safety – I condemn the acts of some of the people who have attacked the police officers. We have not lost any lives but there have been several serious injuries and we had to take a couple of our officers abroad for treatment. A lot of their assets have been targeted and vandalised on the other atolls, on the islands, while they were serving the public. So, one of our concerns is also to improve their welfare and working conditions, plus their working shifts. We know that some of the officers have been working very hard, very long hours and that we need to improve that. For that reason we needed more officers to be recruited into the organisation, which we are going to do this year. We have been approved for 200 more police officers to be included, so they will be initiated this year. We are also seeing that due to the long shifts and fatigue, that we need to make sure that our officers are dealing with the public professionally.

We are getting some of the reports of complaints about police officers’ dealings and because of that reason we have restructure our professional standards. They are responsible to deal with complaints against the police, also to do counselling for officers, and that kind of program has already been initiated. The counselling program will involve almost all of the police officers in the service. It is professional counselling to make sure that they don’t have worries with their families or whatever issues that they have, if that comes back to us, then our organisation will know what are the things we need to improve. These are the main areas we need to improve.

DB: We have already touched slightly on internal disciplinary procedures – have these been changed in any way?

AR: The internal disciplinary procedures all these years has been that, if there is any complaint against the police, the case has to register at the Professional Standards Directorate (PSD). It had to be registered, somebody had to complain. But I have changed it to act that if we hear information from any sources – it is more pro-active. Then the PSD has the responsibility to do an inquiry, and they will also work very closely with the Human Rights Commission Maldives (HRCM), with the Police Integrity Commission (PIC), with Amnesty International (AI) or other organisations who are dealing with these kinds of areas, so they are very pro-active – more proactive than ever before.

Once they investigate the cases, if they feel that there has been a criminal case, then it will be dealt with by the criminal investigation department, whereas if it is a disciplinary issue, it will go through the disciplinary board. We have a disciplinary board of five or seven members; we have changed the board now. Some commissioned officers have been complained about so it has been restructured so very senior officers will be sitting to deal with the commissioned officers and so that is the procedure. If the board decides that action should be taken then I will definitely endorse it. That is how it is done in terms of disciplinary issues and if there is a call for dismissal then I have to write to the Minister for his authorisation. If it is a criminal case it will go to the prosecutor general who will deal with it in accordance with the law.

DB: Could you comment on recent complaints by Amnesty International regarding the treatment of female detainees?

AR: It’s very unfortunate that it has come up. Normally, these kinds of organisations, before they issue a release, they will ask for our comments. They have never done that; I am very disappointed about that. We have given Amnesty full access every time they asked; it is even now open. We have a very open policy. To be honest with you, even during a demonstration, every time we are working on the street, HRCM or PIC is on the ground to watch us. Normally, if we apprehend someone, before we even know their names, HRCM would have registered it by themselves. So it is in the normal cases.

We are giving them access to our reception, we are giving access to Dhoonidhoo island. In fact, they don’t have to ask to visit, they could just go by boat and say that ‘we are here’, they could make surprise visits – feel free, it’s open. Even Amnesty or Open Society or whatever – please come and visit us and see if there is anything we have been doing systematically to harass or do anything. On that matter, I am very disappointed that Amnesty has released that statement without contacting us for our comments. I don’t see that there has been any investigations done, none of our officers was questioned, interviewed – neither by them nor by the police integrity commission, nor by the human rights commission. I don’t think that’s fair and that’s the reason we had to respond to it [with a statement].

DB: Regarding the investigation of the events of February 7 and 8, what are the roles of the HRCM and the CNI?

AR: I can’t talk on behalf of CNI, obviously, but I think they are investigating an overview, that’s how I feel. They are not doing a criminal investigation. I was interviewed as well and I was told it wasn’t a criminal investigation. So I think we will have to wait for the outcome. I think it’s a very positive move by the government, to have an independent commission to make sure how events took place. The HRCM is perhaps doing a part of the investigation, or the PIC is doing some as well, so let’s wait and see how it comes.

DB: You have already mentioned the public sentiment problems, is there anything you would like to add on that subject?

AR: I can understand that this is not the best time for police, there have been a lot of things [that have happened]. What I would like to convey to the members of the public is that the police institution will remain as an institution. People come and go, the leadership comes and goes; the institution will remain. Even for the politicians or the members of the public who are not comfortable with us, I would want to convince, or give the message, that the institution will remain, so we will have to give that respect to the institution. If there is an issue with the commissioner or if there is an issue with any of the officers, I think we will have to follow the processes; if there is any complaint, deal with it. All these institutions that have to be there within our constitution are already there in place, it’s functioning.

I think that PIC, HRCM, Anti Corruption Commission (ACC) are very independently doing the investigations and we should allow that to happen rather than blaming the institutions for no reason. I don’t think that is going to be healthy, either for them, nor for society, nor for us. I think we have to strengthen the institutions, we have to advocate even the members of the public and the politicians as well. The future political leaders must also make sure we give the space to strengthen the institutions.

I think that this is a great opportunity for the Maldives. Why it is great is because now, at this point of time, I can say the police is very much operationally independent. This is the only time I can happily say that. I can see a lot of smiles from the police officers, I can see that they are not exhausted.  I have been scared with some of the incidents they have gone through during  the last three years – some of the decisions that have come from executive of what to do and what not to do. These things are not here, I don’t get calls from my president. That is why I’m saying that this is a great time and I think that this is a time for our lawmakers to look at how this institution has been politicised, how can we improve for the new leaders; not only the executives but also the commissioners? How strong should the commissioner be to make sure the institution is not politicised?

I think these are the [important] areas and, of course, from all that we have seen about the arrest and detention of the criminal court judge, we can see that the whole thing is coming from the executive’s instructions. So what made the Home Minister and the Commissioner decide to come back and ask for assistance from the police, and the Commissioner to go to Defence, and the Defence Minister asking for the rank and files to make him arrest and all this – we have to look at these things. Do we want this to happen again? No. Do we want change of government like this? No. We are talking about making institutions professional, we are taking about strengthening institutions, we are talking about giving them space to effectively run the main responsibilities for the people.

Police are not there protect the government, police are there to protect the people. We have to differentiate these things, while in my position I have to decide whether my work will be to protect the government or should I use all my legal authority and machinery, the resources that we have, to protect the people. These are the decisions; these are two different things. I think in a democratic society, the policing is always for the people and I am confident that the President has pledged [this], and that was one of the reasons why I accepted to come back to the police. I have my trust and confidence in the president, also in my minister, and even if I get do get any unlawful order, I am confident to say that I will say no and I will  never do that. All the actions, all the decisions that we will take will be based on our legal positions, by ourselves. It will never be influenced by politicians.

DB: Has the precedent been set for police to overthrow government when unlawful orders are issued?

AR: I see February 6 as a day when the police have upheld the constitution and the laws of the land. They have been repeatedly instructed and given unlawful orders for which they have [refused to follow] several times. I see that as a day that they have upheld the law and constitution, I don’t see that they have overthrown the government. I see the whole process went very peacefully. I don’t see it as a coup either. I don’t know how it went inside the chambers of the Presidnt or inside his office, but obviously what I have seen is that he was very voluntarily resigning. I saw his resignation speech as well from close by, so I don’t see that there was any coup. I don’t believe the police force have overthrown the government.

In fact, if you look from minute to minute on the sixth, what they have been asking is for one thing –  not to give unlawful orders, that’s the only thing they had been demanding. That was with a reason. Why were they at the Republic Square? Because the seniors asked them to stay there. So, the events have unfolded the next day and several things have happened, and the President has decided.

Definitely, I was never involved in any coup. I can one hundred percent guarantee that if there is any investigation from any agency, I can one hundred percent say that I am very innocent in that. Whatever role I played, it was based on national interest, nothing else. We never wanted to see any bloodshed, we never wanted to see anything happen wrong there and that was a time when I thought that the nation had asked for my support or my presence. That is how I was there. Unless, if anything is proven in a court of law, I don’t think I can be convinced otherwise.

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Juvenile Court sentences murderer to 16 years imprisonment, two months fasting

The Juvenile Court has ruled that Ibrahim Asheer ‘Atira’ of Gahdhoo in Gaafu Dhaalu Atoll is  guilty of murdering Shahudh Abdulla ‘Faudy’ on February 2, 2006.

Faudy was inside Cinamale’ flat area when a gang attacked him. He tried to flee but was hit in the head with a weapon believed to be an iron bar, fell to the ground and was beaten with iron bars and other weapons before the assailants left.

Shahudh died two days later on February 4. Asheer fled after police and an alliance of gang members began looking for him, but he was subsequently arrested.

The Juvenile Court ordered Asheer jailed for 16 years and six months and to fast for two months. He was also ordered to pay Rf133,333.33 in compensation.

Although the amount determined to compensate the family of the victim was Rf 100,000 (US$6500), it was increased in this case because the crime was committed during the holy month of Ramadan.

Asheer was obliged to pay the money to the Civil Court within a month’s duration.

Shahudh’s murder was notable at the time as murders were considered to be uncommon, and because it was a rare gang-related incident. There were no revenge attacks.

Every year a friendly ‘Baibala’ tournament, a traditional sport, is held in memorial to the death of Shahudh. The tournament is called the ‘Faudy Cup’.

Asheer was only 17 years old at the time of the murder. The death of Shahudh ended a long battle between his gang Shahudh and that of Asheer.

Since 2006 the use of sharp weapons such as knives have become more common in gang fights, resulting in more fatalities.

Mohamed Shuaib, of  Shady Cabin, was stabbed in the neck on August 12, 2008, the first incident in which a sharp object was used to attack someone in a gang-related fight.

One suspect was arrested in connection with the case, however the Criminal Court ruled that not enough evidence was submitted to prove that the accused was responsible for the crime.

On Sunday a group of men stabbed a man to death near the West Park restaurant in Male’. Ali Shifan of Fairy Corner in Maafannu Ward was pronounced dead on arrival at the hospital.

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Police promote one thousand officers, recruiting further 200

In a ceremony to celebrate the 79th year of the police service, Police Commissioner Abdullah Riyaz and Minister of Home Affairs Dr Abdullah Jameel announced the promotion of around 1000 police officers – approximately a third of the force.

The appointment of four new Assistant Commissioners was also announced, more than doubling the previous number holding this rank – the third highest position in the service.

Additionally, the police have revealed plans to recruit 200 new officers to the force this year.

Police Spokesperson Sub-Inspector Hassan Haneef said that these promotions were in line with normal police regulations, and were awarded “based on performance, merit, and number of years served.”

The weekend’s celebrations continued as President Dr Mohamed Waheed Hassan announced plans to allocate 74,000 square feet of land to develop homes for police personnel.

Dr Waheed also expressed his gratitude for the police’s actions on February 7. “I state that the police worked on February 7 to uphold the constitution of Maldives,” he said.

The anniversary of the police service comes after months of intense scrutiny in which it the service been accused of brutality, human rights abuses and complicity in the downfall of former President Mohamed Nasheed.

On Saturday, Commissioner Riyaz stated that he did not intend to pursue an internal investigation into the alleged events of February 7 and 8, citing the lack of credibility that such an investigation was likely to have.

The unrest on February 8 saw a Maldivian Democratic Party (MDP) protest swiftly suppressed by the security forces while the footage of police aggression was beamed around the world.

Instead, Riyaz declared his decision to focus on repairing the organisational damage done to the institution.

“I can’t just come in here and investigate the alleged police brutality as the first order of business. It is essential to establish who was occupying which post first by assessing the organizational structure. The whole institution had been politically influenced,” the Commissioner told Haveeru.

“We all know that the positions within the police institutions had not been assigned in accordance with police regulations and had functioned in violation of the police system. Hence, I am compelled to drag the institution back into its proper system,” said Riyaz.

He also stated that he had discussed any potential investigation with the President and the Human Rights Commission of Maldives (HRCM) shortly after taking up his post, requesting that the HRCM take up the responsibility.

Amnesty International had last week criticised this method of investigation after having spoken to HRCM regarding the investigation of alleged sexual abuse of female detainees.

“HRCM has told Amnesty International that they have serious limitations in terms of trained investigative staff and dealing with human rights issues in a highly politicised environment is an overwhelming challenge for them,” said Amnesty’s representative in Male’, Abbas Faiz.

“By referring cases of police abuse of power to the HRCM, when it is clear that such investigations are beyond its capacity, the government is in effect forfeiting its own responsibility to enforce respect for human rights within the police force,” said Faiz.

President Waheed’s speech at the anniversary’s official function event focussed on the difficult environment the police had found themselves since the upheavals of February.

Waheed called on public to show respect for and cooperation with the police while urging all officers to respect human rights and human dignity in the course of their duties.

The strong public discontent with the police’s role in, and its reaction to, the events of February 7 and 8 has led to simmering tensions which have erupted in sporadic violence.

The President also expressed his sadness at the physical and emotional distress suffered by the police in recent weeks.

The opening of the people’s Majlis on March 19 was accompanied by clashes which saw the police suffer multiple casualties. This was followed by a series of attacks which saw four police officers hospitalised in five days.

Popular discontent also saw the staging of a large rally on March 15 in support of the International Day Against Police Brutality.

Both Commissioner Riyaz and President Waheed have been reported expressing concerns that people in the media were attempting to defame the image of the police force, expressing concern that this was damaging the country.

“I am aware of their contempt towards the institution. I will try to resolve the matter. The biggest challenge would be to win back their trust and confidence,” Riyaz told Haveeru.

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Man stabbed to death near West Park restaurant

A group of men stabbed a man to death near West Park restaurant this afternoon.

Police Spokesperson Sub-Inspector Hassan Haneef said the victim was attacked at about 4:15pm while he was on Boduthakurufaanu Magu, the outer ring road of Male’.

”His body was taken to Indira Gandi Memorial Hospital (IGMH) at 4:15pm,” Haneef said. ”His body was carried to the hospital by a witness and a Maldives National Defence Force (MNDF) officer who was in the area.”

Police identified the victim as Ali Shifan of Fairy Corner in Maafannu Ward.

”His age is not verified yet,” he said. ”According to witnesses, a group of men on a GN model motorbike came and attacked the victim.”

He said the number of assailants had not also been verified yet.

”It could be one, two or even four,” he said.

IGMH Spokesperson Zeenath Ali told Minivan News that she could only confirm the death of the person.

”We do not have clear details at the moment,” she said. ”But he was dead when he was brought to the hospital.”

She said the hospital could not verify the age of the victim.

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