Failing to obey superior court’s decision violates constitution and Judges Act, Supreme Court warns Naeem

The Supreme Court has said that refusing to follow a decision made by a superior court violates the constitution and violates the Judges Act.

The Supreme Court’s statement comes after Civil Court Judge Mohamed Naeem said he would not accept cases concerning the state because the parliament had not then decided whether to give consent to reappointed Attorney General Dr Ahmed Ali Sawad.

Sawad has now been dismissed by the parliament for the second time, following his second reappointment by President Mohamed Nasheed.

The Supreme Court’s statement said that judges should at all times avoid any matters that could harm the reputation of the judiciary or cause people to lose confidence in the justice system.

The court also noted that it was against the code of conduct of the judges to disobey a decision made by a superior court.

The Judicial Service Commission (JSC) has formed a sub-committee to investigate judge Naeem after he told the press that he had decided not to accept cases concerning the state, despite the High Court’s decision to accept cases.

Judge Naeem revealed that the Civil Court judges were split on the issue, however the majority of the judges said they wanted to accept and conduct trials of cases concerning the state despite the fact that Dr Sawad’s appointment procedure was then not completed.

President’s Member of the JSC, Aishath Velezinee, has stated on her Article 285 blog that “Judge Naeem has been under investigation since the interim Commission, [for] nearly two years. No updates on the investigation [have been] tabled despite the legal requirement that a report must be submitted in writing every 30 days.”

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None of the 47 arrested were connected to murder case, says Criminal Court

The Criminal Court’s Chief Judge Abdulla Mohamed has said that none of 47 persons arrested by police and brought to the court for extension of detention following the gang murder of 21 year-old Ahusan Basheer were connected with the case.

”Nobody arrested was brought in connection to the murder case,” said the Chief Judge, after the string of arrests.

Police began a special operation in Male’ after the murder case, and reported that more than 50 persons were arrested.

”Police said those persons who were brought before the judges were persons were planning assaults,” Abdulla said. ”Some of them were released but most of them are still kept in detention.”

Police will need some time to investigate and collect evidence, he added.

Local media quoted the Chief Judge as saying ”while persons were arrested to that amount there were nobody presented with adequate evidence, in fact there were persons who cannot even be arrested [according to laws].”

Police Spokesperson Lance-Corporal Abdul Majeed Moosa told Minivan News that those arrested during the special operation was to curb the rise in gang related crimes in Male’.

”They were arrested on different charges, but now there are only a few kept in detention,” Majeed said. ”Police are currently investigating the murder case and it’s very difficult to say anything at this time.”

Ahusan Basheer was murdered on Thursday last week on one of the main roads of Male’.

After the murder, police claimed that Ibrahim Shahum was a suspect in the case and called on the public to report sightings of Shahum, who has disappeared after the murder incident.

Shahum was charged with murder but was recently released from detention after serving six months.

He was then arrested in connection with the death f a 17 year old boy who bled to death after he was stabbed while on his way to home after watching a football match.

Before the attack on Basheer, another gang attacked occurred in Henveiru, with a ganging stabbed three persons in front of crowds before fleeing, reportedly on a police officer’s private motorbike.

The incident took place on broad day light in front of many children, men and women.

Witnesses of the incident said that when the first group of police officers attended the scene, the two gangs were attacking each other, but said that the police officers waited util the gang finished their fight.

Only this week Maldivian Democratic Party MP Ibrahim Rasheed presented and withdrew an amendment to the Clemency Act to execute murderers if ruling was upheld by the Supreme Court.

Presenting the amendment, he said it was the only way to curb the rise in gang violence and referred to the recent incidents. He said people had been “chopped and sliced like fish” in the streets of Male’ during broad day light, but withdrew his amendment moments before the vote stating that we would re-submit it after the evidence bill, criminal procedure bill and bill on penal code were all enacted.

Recently a person found guilty of murder and issued a death penalty according to the penal code of the Maldives has now appealed the ruling at the High Court.

The last time the Maldives executed a person was in 1953 when a person named Hakim Didi was executed by firing squad after he was found guilty of attempting to murder by performing black Magic.

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JCI president optimistic over Maldives development awareness following visit

The President of Junior Chamber International (JCI) has claimed that humanity is in a unique position for the first time in its history to be able to overcome development challenges and other restrictions on “Human Security” that may have been previously beyond its collective abilities.

The claims were made JCI World President Kentaro Harada following his visit to the Maldives last week to look at the organisation’s involvement in local development projects.

The JCI, an NGO which describes itself as a UN-affiliated network of young people and entrepreneurs in their 20s and 30s, claims to have over a quarter of a million members worldwide that work to collaborate on community development projects in their respective countries.

Harada said he believed that the country’s work and awareness of global development projects in fields such as the environment reflected the wider international acceptance and improved technical knowhow for overcoming challenges that once seemed insurmountable – even a few decades ago.

“We can all begin working together with small and medium enterprises in order to find solutions to major development goals,” he said. “There is a very high mountain to climb, but we can achieve this I am sure.”

The JCI president said that while showing such optimism in the 19th or 20th century may have seen him derided as a “crazy person”, he believed that there was a much greater acceptance today of the role young people and enterprises could play in working towards meeting goals outlined by organisations like the United Nations.

Maldives visit

Harada himself spent two days in the Maldives last week as part of a wider tour of JCI member nations during 2011, having already visited 13 countries since New Year. He used his Maldivian visit to view initiatives such as education and environment programmes that were being managed locally.

Visiting certain projects along with JCI Maldives President, Shaneez Saeed, Harada said that he had been pleasantly surprised during a school visit by statistics that claim 40 per cent of the Maldivian students were aware of the UN’s Millennium Development Goals.

“In most countries, around just one percent of the similar population know these goals,” he said.

Rather than a spot of last minute revision, Harada believed that the Maldives’ apparent success in detailing the eight UN objectives, based around attempts to try and globally cut poverty and hunger, combat diseases such as HIV/AIDS, improve child health and universal education and ensuring gender equality, all stemmed from concerns about the country’s long-term geographic stability.

“The main reason I believe [that these goals are commonly known in the Maldives] is down to environmental sustainability,” he said. “I remember breaking news all over the world of your government having underwater meetings. It is the efforts of groups and business working to these goals that have made these objectives well known.”

Although the JCI aims to work with business and organisations at local level to try and encourage various development programmes, the organisation claimed that the growing ease of connecting with others through social networking and the internet made communication about development challenges much easier.

Despite upholding differences between countries like the Maldives and Harada’s native Japan in terms of cultural identity, the NGO’s president said he still believed that it was vital for groups like the JCI to help try and foster mutual understanding between different nations and communities.

Shaneez Saeed, who heads the work of the JCI in the Maldives, told Minivan News following last week’s visit how training schemes brought to the country from other nations were highlighting possibilities for mutal understanding.

Saeed, used the example of a training programme held this month where parents were being encouraged to listen more to the views of children as successful examples of overturning nationally held beliefs.

Harada conceded that despite his overall optimism for global development initiatives such as those promoted by the JCI, there was significant work required to improve human security both nationally and internationally to ensure that everyone was able to have a “daily peaceful life”.

“This is true not only in the Maldives, but in Asia, Africa and all over the world. We cannot ignore that awful things happening in this world that require attention,” he said. “Since the end of the cold war, we have seen national governments trying to evade human rights.”

Nonetheless, Harada claimed that governments, businesses and everyday citizens had unprecedented opportunities to achieve significant steps forward in human development globally.

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Maldivian arrested in Hong Kong for murder of 64 year-old retired missionary

A 29 year-old Maldivian man identified as ‘Fareed’ has been arrested in Hong Kong for the alleged murder of a 64 year-old British woman.

The Hong Kong Standard reported that police discovered the body of Janet Gilson inside a sofa in a flat belonging to her niece, Julia Fareed, the estranged wife of the murder suspect.

The Standard reported that the suspect had a history of violence and had been banned from approaching his ex-wife following their divorce.

The South China Post reported that the couple met while she was working in the Maldives.

The suspect was arrested by police on Hong Kong pier after finding Gilson’s body during a second search of the flat after she went missing on March 15, 10 days after arriving in Hong Kong. The body was reported to have severe head injuries.

Local media in the UK reported that Gilson was a long-serving Major in the British branch of the Salvation Army, an international Christian institution with a quasi-military structure known for its charitable work and rehabilitation of alcoholics and drug addicts, and had worked for 40 years as a Christian missionary.

“She had stopped the missionary work but she was still active and in a very high position [in the Salvation Army],” Gilson’s neighbour in her home of Leigh-on-Sea told local media.

Gilson’s niece, who reportedly has a three year-old daughter, told the UK press that her murdered aunt “was like a second mother to me”.

The Maldives Foreign Ministry confirmed it had received information regarding the incident, and that the country’s embassy in Beijing was looking into the matter. No motive for the killing had been identified, the Ministry said.

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MDP MP withdraws controversial death penalty amendment moments before vote

Maldivian Democratic Party (MDP) MP Ahmed Rasheed has withdrawn his amendment to the Clemency Act at the last minute, hours before a vote to send the bill to committee. The controversial amendment would have required implementing agencies to execute murderers if the Supreme Court upheld a guilty verdict.

After the preliminary debate over the past three sittings, MP Rasheed was given the opportunity to say his last words on the amendment, which he used as an opportunity to withdraw the bill.

Presenting the bill to the parliament earlier this month, the Hoarafushi MP explained that he was prompted by the recent increase in assaults and murder cases, which had “forced the living to live amid fear and threats.”

In 2008, said Rasheed, 104 cases of assault were sent to the Prosecutor General’s Office (PGO), rising to 454 cases in 2009 and 423 cases in 2010.

”In Quran, Sural Al Baqarah verse 178, God says: ‘O ye who believe! the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty’,” he then said. ”During broad day light in this very city of Male’ people have been chopped, sliced and crushed using axes, machetes – just like fish are chopped.”

While he did not specify reasons for his decision to withdraw the amendment, Rasheed claimed that he would resubmit the amendment once belated bills on evidence laws, criminal justice procedures and the penal code were enacted. Criticism of the amendment had centered around the capacity of the Maldivian justice system to rule fairly and impartially in such cases.

Unlike most parliamentary debates, MPs were not divided on the issue of death penalty along party lines. Several MPs of the ruling MDP as well as some opposition MPs argued that the fledgling Maldivian judiciary did not have the capacity or public confidence to dispense justice fairly.

The decision comes after 21 year-old Ahusan Basheer was murdered on the streets of Male’ during a gang attack on Thursday night.

The last person to be executed by Maldivian state was Hakim Didi in 1953 for the crime of practicing black magic.

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JSC investigates Civil Court judge

The Judicial Service Commission (JSC) has announced that it has formed a subcommittee to investigate cases concerning judges, indicating that its first subject was Civil Court Judge Sheikh Mohamed Naeem.

The investigation of Naeem came after media reported that during the first hearing of a case filed against the state, he stated that he would not accept cases related to the state before Parliament approved the appointment of Attorney General Dr Ahmed Ali Sawad, and cancelled the hearing.

Parliament today declined to approve Sawad for the second time, prompting President Nasheed to appoint Solicitor General Abdulla Muizz as his replacement.

The JSC said the committee, which consists of President of JSC Adam Mohamed Abdulla, Member of JSC Abdulla Didi and Member of JSC Shuaib Abdurahma, was established to take measures against judges under the Judges Act. Its first scheduled task was selected by a popular vote taken among its members, it said.

Naeem’s case will be the first time the JSC has investigated a judge in over a year, despite receiving over 140 complaints.

The International Commission of Jurists (ICJ) has published a report critical of the JSC’s independence,  however the commission has thus far refused to table the report.

Local media SunFM reported that the first hearing of the case against Judge Naeem was held today, and he was questioned.

President’s Member of the JSC, Aishath Velezinee, stated on her Article 285 blog that “Judge Naeem has been under investigation since the interim Commission, [for] nearly two years. No updates on the investigation [have been] tabled despite the legal requirement that a report must be submitted in writing every 30 days.”

Last Monday, local media reported the hearing of a case filed against the state by Dhivehi Qaumee Party (DQP) claiming that the agreement made between the Finance Ministry and GMR was not valid and that it violated the constitution.

In the Judges Chamber, Judge Naeem said that four of the Civil Court seven judges had agreed to accept cases related to the state, in a meeting to decide whether or not to accept cases related to the state after Dr Sawad was reappointed as the Attorney General following his first dismissal by parliament.

However, Judge Naeem said he would not follow the majority decision of the Judges and would not accept cases concerning the state before the parliament decided on Dr Sawad, or until a superior courts ruled otherwise.

The constitution requires all members of the cabinet to have the consent of the parliament.

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Comment: Disempowered women in Maldivian society

I looked at the women outside the Family Court. Some women were pregnant, some were already young mothers. More women came and went, many with an expression either of frustration, desperation, depression, or anger.

Some were fighting to be divorced, some were being divorced, but most of them were fighting for the rights of their children for the maintenance money from their father.

‘Maintenance money’ sounds technical and cold. It is money that children need from their fathers for their basic needs to be met. The Maldivian divorce regulation grants a child Rf 300 (US$23) per month from the father thus turning them into a financial burden for their single parent mothers (or guardian), and a long term social burden of yet another dispensed and ignored sector of the Maldivian society.

How far are the women responsible for the situation they are in?

How educated were they and what opportunities did they forego to abide by traditional and conservative but widely accepted norms in the Maldivian society?

How influenced were they by the cultural beliefs, the religious preaching and their family politics and upbringing? How young were these women when they committed themselves to marriages that left them with one child or more and no husband or male relative to take care of them?

How well informed were they to the rights given to them by their religion?

How misled were they to believe their role was only in the family, to serve their husbands at any time and any moment?

How did they differentiate between their obligations and what they understood as “duties” to the marriage?

What are the stories of these women? Where do they stand in the Maldivian society? What do they know of their constitutional and human rights?

Hundreds of questions raced my mind but I realised how irrelevant all these questions were. The bottom line is these women were powerless and left alone with children with no financial support fighting bitterly a losing battle in a system that was rigid, unjust and refusing to acknowledge the importance of women’s welfare to the betterment of the country.

While Maldives is under pressure to mainstream gender issues, the onslaught of conservative religious preachers is confining more and more women to the four walls of their homes.

Within this isolation, women succumb to a resigned lifestyle removing them from social and professional live, stripping them of their self worth and self confidence over time. It hits hard when the husband starts an extra-marital affair and soon deserts his prime family to start another life with the new woman. In many instances, family and friends joins the deserting husband to re-instate that the man left the woman for reasons such as failing to fulfill the needs of the man, further victimising the woman. Left alone and without love and care, the blamed woman has no one to turn to, within her family or otherwise.

Islam preaches that a divorced woman returns to her father or the eldest brother. Islam, serving to protect the child also expects the Muslim man to provide generously for the child to ensure that the child maintains the highest standard of life as afforded for the father himself.

The truth is the divorced woman’s father has grown too old to care for the divorced daughter and her children; the brother has started his own family (or two families) and is struggling to make ends meet.

Islam gives the men double inheritance to carry these responsibilities. In many instances, divorced women cannot leave the home of her ex-husband because she has nowhere to go. There are many women who continue to stay in the house of the ex-husband, and the divorced couple fall into a pattern of living together without renewing the marriage. On the other hand, it is not always convenient for the man to have his divorced wife living in his house anymore.

While the law on inheritance is unfailingly respected, and men inherit generously, the Maldivian man and the Maldivian courts fail miserably in their religious responsibilities and accountability. The behavior of men and the system is highly secularised when it comes to sharing resources, rights and power with women.

Recently I met a Maldivian lady. She was the typical contemporary Maldivian woman abiding by the social norms, highly defined in her clothing. She stays home looking after three children from a husband who is not home any more. Instead of talking about herself, she spoke about her friend and neighbor. The woman (her friend) had three children and a relationship with a man who supports her financially. He is very good to her and has even built two rooms for her and her children. But he will not marry her.

Women, who are powerless and have not financial independence, slide down on the social scale. They are dependent on men who give them the support that they do not have from relatives and ex-husbands. They succumb to settling down in relationships that are compromised. Fingers point at them for being loose (prostituting) and living in sin.

Here is the difference between choice and compulsion. This situation is created by the Maldivian society. Who is responsible for this increasing issue?

Defining the powerless woman

The powerless women are those who deny their own needs of physical, spiritual and psychological development, do not seek financial independence and do not accept the responsibility of their own well-being. Their financial dependence is self construed and often subject to tribal influences. The powerless women are fearful of stepping out of their familiar disempowering environment; are emotionally dependent, fearful of the unknown; the terror of dislocation and disconnection; scared of predators; devalue themselves; behave like second class citizens; panic about responsibility for their children’s under-performance, and fear of being unable to spare their children from suffering.

Unable to escape their circumstance; insecure about their own role in her life and lastly, refusing to claim their constitutional rights and use whatever structural, institutional or regulatory tools that are available for her to fight for herself.

Powerless women weighs down the social and economical growth of Maldives. Women are poorer than men, carry family responsibilities of children’s upbringing irrespective of the circumstance, and make up half of the Maldivian population. Women head 47 percent of households either as single (when husband remarries or leaves the island to work somewhere else) or divorced parent. The social cost of the disempowered women is high leaving aside reasons of equity and social justice.

The direct consequence of domestic violence results in a crippled workforce and loss of income for both the employer and employee. Disempowered women are vulnerable to manipulation both at home, at workplace and in the society, subject to enforced sex, dependability for her basic material needs and that of her children, mentally and physically unhealthy, more disconnected and therefore less maternal and susceptible to bad parenting.

Confronting the powerlessness and becoming empowered

I glanced back at the women as I left the premises. The common factor that would empower these women was financial independence.

The Maldivian woman must stop curtailing her future when a man enters her life. Women must get informed of their religious and political rights without compromising their individuality and right to a dignified living. Women must become active either professionally or enterprisingly. Women must keep their dreams and not expect someone else to fulfill them. Women must learn to create balance between home and public life.

A financially empowered woman achieves complete independence from socially determined practices. She is able to afford healthcare, education, provide for basic needs and protect and nurture herself and her needs.

Confronting disempowerment and transforming to empowerment must happen at various levels. There is personal development which means assessing personal behaviors, beliefs and expectations, confronting pains and fears, and taking action that empowers. The want and the willingness to be empowered and not to live in the losing circumstance is with the Woman and lies in physical, economic, political and spiritual empowerment.

Who can support women’s empowerment?

Women as mothers and nurturers of the family play a fundamental role in determining the future of their children. Today children grow up in gender defined roles. Mothers must define what they want for their daughters. Influencing and empowering both boys and girls and streamline their thinking to grow up into powerful people, where respect, fairness, sharing responsibility, being accountable and financially independent lies with Mothers who spend most of their time with her children. This is a first step.

Restrictive activities such as motions against women’s participation in various spheres must be stopped. Active inclusion of women through quotas set within a period till women’s participation becomes accepted must be introduced. The political and the diplomatic institutions must assign positions and work to women like they assign it to men. Political parties must stop paying lip service and decorating their windows with women’s chapters. Women in the parties have expressed that although they put selected women for the front-lines of the local council elections, they were not supported like their male counterparts. Many expressed disappointment at the way women in politics were labeled when they ran for office as compared to men who had lifelong records of misconduct.

Compliance laws on polygamy, divorces, child care and alimony, inheritance (including full representation of underage girls and orphan children), compensation and so forth must be covered with civil laws to ensure women are protected and fairly compensated in proportion to what the husband has been able to accumulate in wealth and earning during the marriage.

Women must be educated about “Rung” (customary price money before the marriage), its definition, purpose and the options including what a woman can ask for and under what conditions it must be paid/returned by the man or the woman. Withholding information is a deliberate act of abuse by the state and religious authorities, and women have been misinformed for decades.

Finally it comes down to women to take the leap. The first step lies with women to break through their own glass ceilings. The encouraging factor is some women have done it and so can all others if they will stop the self-fulfilling prophecy of “I can’t make it”.

The perspectives are good and women must capitalise on the opportunities. Each Ministry has a gender focal point. Making them answerable in their roles is something women must do. If you do not want to stay outside the Family Court, begging for child maintenance through a male dominant justice system, live off men, succumb to enforced sex and domestic violence, provide for your children and be healthy mentally and physically, then be truthful to yourself and start earning your own money.

Through individual commitment and participation in formalised groups, women must lobby for changes not compromising the essence of being the woman.

Aminath Arif is the founder of SALAAM School.

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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Convicted criminals being brought to court for extention of detention, says Criminal Court

The Criminal Court has claimed that police have been arresting and bringing already convicted criminals to the court and requesting extensions of detention, despite the fact that the individuals are supposed to be behind bars.

On March 18 the police brought a person to the Criminal Court who had previously been sentenced to 45 years imprisonment after he was found guilty of theft, objection to order and three drug related charges, said the Criminal Court.

A second person was also brought before the court who had been sentenced 10 times on different charges and was supposed to be serving 27 years imprisonment, the court said, after he was found guilty of five robbery cases, two cases of objection to order, two cases of driving without license and one case of possession and using of drugs.

”The court’s documents show that those two persons were handed over to the concerned authorities to implement the verdict,” the court said. ”They were brought before the judges on March 18 on charges of robbery and were caught that night while the police was conducting a special operation to curb the violence in Male’.”

The Criminal Court that night ordered police to handover the two criminals to the penitentiary department within two days.

”The court queried why a person sentenced to 45 years prison and another to 27 years, who are supposed to be in jail, were released into society. [Police] replied that it was the Home Ministry that released them,” the court added.

Head of Department of Penitentiary and Rehabilitation Services (DPRS) Ahmed Rasheed told Minivan News that there were many challenges the department had to face when handling the prisoners.

”There are people who escape, people who are released for house arrest, people who cannot be kept inside the cells because of their medical condition,” said Rasheed. ”A very infamous criminal named Mohamed Ibrahim Didi, also known as ‘Kiyawa’, escaped recently.”

Kiyawa, Rasheed said, was brought Male’ to report to the hospital as he had a severe knee injury.

”The doctors said his knee needed to undergo an operation and that he needed to be admitted for a month before operating,” Rasheed explained. ”One day, late in the afternoon, he fled from hospital. There are reasons why a person who cannot stand on two feet by himself escapes.”

Rasheed said in other incidents when prisoners escaped while they were being transferred from island prisons to Male’.

”Somehow their relatives, friends and lovers get to know that they are scheduled to come Male’ at this time for this purpose and will be at the jetty when prisoners arrives, they will all circle around and gather,” he said. ”Some of those times, the prisoners friends will come by, threaten the prison officers and flee.”

He said that currently there were more than 70 prisoners released on parole.

”There will be 15 prisoners in Thilafushi in the work corporation, and there will be fugitives as well,” he said.

Rasheed said a legal framework needed to be established to solve the issues.

”There has to be a lawful system where good prisoners can be granted clemency, such as a reward for a prisoner who learns by heart two books of the Quran or the whole of Quran. If such a law was established then prisoners cannot escape by having a friend in the President’s Office.”

He also noted that there were times DPRS officers were attacked during prisoners’ escapes.

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HRCM investigating leak of child molestation allegations against MP

President of Human Rights Commission of the Maldives (HRCM) Maryam Azra has said that the commission has begun an internal investigation to find out the source of a story published in local newspaper Haveeru that the commission was investigating an MP regarding child molestation.

Minivan News understands that Haveeru removed the story from its website this afternoon.

When Minivan News queried Azra as whether the commission was investigating such a case, she replied “I do not know.”

”We are trying to find out who it was that has told Haveeru so,” she said.

Haveeru had quoted an official at HRCM as saying that a child molestation case related to a MP had been filed at commission, which was investigating alongside police.
The official declined to reveal the name of the MP, said Haveeru.

Spokesperson of HRCM Ahmed Rilwan told Minivan News that he would “have check whether such a case was reported to the commission.”

”The statement given to Haveeru by whomever was not an official statement,” he said.

A police spokesperson said police had no comment on the matter.

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