Category: Society & Culture

EU urges government to retain moratorium on death penalty

The European Union (EU) has called on the government to retain the unofficial moratorium on implementing the death penalty following the enactment of new regulations to enforce capital punishment.

In a statement on Thursday (April 29), EU High Representative Catherine Ashton expressed deep concern with the adoption of the procedural regulations, which would “break the de facto moratorium which has been in place since 1953 when the last execution took place.”

“The High Representative holds a strong and principled position against the death penalty. The abolition of the death penalty is one of the key objectives of the European Union’s human rights policy worldwide. It is essential for the protection of human dignity, as well as for the progressive development of human rights,” the statement read.

“The death penalty is cruel and inhumane, and has not been shown in any way to act as a deterrent to crime.”

The High Representative urged the Maldivian government to retain the longstanding moratorium, “including in cases that involve juvenile offenders, and to work towards abolishing the practice altogether.”

The EU’s concerns were echoed in a statement last week by the the Office of the High Commissioner for Human Rights (OHCHR), which called for the abolition of the death penalty.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the OHCHR.

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she added.

Minors

The OHCHR noted that that the new regulation “provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18.”

While the age of criminal responsibility in the Maldives is 10, the statement noted that children as young as seven could be held responsible for hadd offences, while minors convicted of homicide could be executed once they turn 18 according to the new regulation.

Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

“The new regulation means that children as young as seven can now be sentenced to death,” the OHCHR observed, adding that “similar provisions in the recently ratified Penal Code, allowing for the application of the death penalty for crimes committed when below the age of 18, are also deeply regrettable.”

“Under international law, those who are charged and convicted for offences they have committed under 18 years of age should not be sentenced to death or life imprisonment without possibility of release,” the statement continued.

“International human rights treaties, particularly the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights, which Maldives has ratified, impose an absolute ban on the death sentence against persons below the age of 18 at the time when the offence was committed.”

Local NGO Maldivian Democracy Network has also condemned the government’s decision to reintroduce the death penalty, contending that the “highly politicised and corrupt” judiciary was unfit to pass death sentences.

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“Highly politicised and corrupt” judiciary unfit to decide life and death: Maldivian Democracy Network

The Maldivian Democracy Network (MDN) has condemned the Maldivian government’s decision to implement the death penalty in a press release issued on Wednesday.

The MDN expressed “great concern” over the move to break a sixty-year de facto moratorium on the death penalty in the country. New regulations allow for children as young as seven to be sentenced to death.

“Given the state of the Maldivian judiciary, which is also perceived to be highly politicised and corrupt, it is most concerning that as grave a matter as life and death of humans is to be decided by it,” the MDN stated.

Adopted on April 27, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18. The age of criminal responsibility in the Maldives is ten, but for hadd offences, children as young as seven can be held responsible. Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

The MDN’s statement closely follows a statement by the Office of the High Commissioner for Human Rights (OHCHR) in which the organization called for the practice to be abolished.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the OHCHR.

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she told reporters.

A step backwards

The regulation on the implementation of the death penalty and the penal code pushes the Maldives backwards in an age when several countries in the world, including Muslim nations, are moving away from it, the MDN said.

The lack of legislation on evidence, witness protection and criminal procedures lead to a systematic failure to do justice and as a result innocent lives may be lost, the organization noted.

“The Maldivian criminal justice system lacks crucial legislation on evidence, witness protection and criminal procedures, leading to structural gaps and systematic failures to do justice as independent observers have noted in the past.

“A catastrophic result of this may be the loss of an innocent life, which is neither replaceable nor correctable.”

The MDN also highlights the possibility for minors to be sentenced to death as a major concern, and violation of the minor’s rights.

“We are also deeply concerned the regulation violates the rights of the child. Under the Convention on the Rights of the Child and International Covenant on Civil and Political Rights, a death penalty may not be imposed for a crime committed by a person under 18 regardless of his/her age at the time of the trial or sentencing or of the execution of the sanction.

“In addition to this, research shows that capital punishment does not deter murder any greater than the threat and application of lesser punishments. Maldivian Democracy Network implores the government to reconsider the decision to implement the death penalty in the Maldives, and make meaningful efforts towards prevention of crime and the protection of human life,” the statement concluded.

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President’s Office removes ‘socially unacceptable’ film awards pictures from website

The President’s Office has removed “socially unacceptable” pictures taken at Tuesday’s Maldives Film Awards from its website.

Presidential Spokesperson Ibrahim Muaz Ali told Minivan News the pictures had been removed on Wednesday evening following local media and social media criticism of “pictures against social norms.”

President Abdulla Yameen Abdul Gayoom and Defense Minister Ahmed Nazim attended the event held at the Olympus Theater in Malé. The ceremony was broadcast live on state broadcaster Television Maldives (TVM).

“We felt these pictures should not be on the President’s Office website. They are against social norms,” Muaz said.

Muaz refused to provide further details on which pictures were removed. But Minivan News understands they were of female film stars in revealing clothes.

Some commentators criticized the photos on religious grounds, while others pointed to the administration’s “hypocritical” treatment of female detainees arrested from a music festival on Anbaraa Island and accused of wearing revealing clothing on April 18.

The women were wrapped in sarongs when they were presented at the Criminal Court for remand hearings.

Comparing the film awards and Anbaraa music festival, one Facebook commenter said: “When the girls wore shorts and danced at Anbaraa it became a problem. But its OK when adult women wear revealing clothes and when some dance infront of political leaders. Raid Olympus just as they raided Anbaraa. This is why I say how they do things do not make sense.”

One commenter on Channel News Maldives said they were saddened by President Yameen’s presence at the event, while another said: “Those who raised their voices and cried in the name of religion and nation are now speechless, their voices silenced, mute.”

Facebook user, Shifa Aishath, called for Home Minister Umar Naseer’s resignation: “Girls wearing shorts needed sarongs to cover them. What about the so-called celebrities? End discrimination! Umar resign!”

Political Analyst Azra Naseem said the treatment of the young people on Anbaraa Island “is a supreme example of the hypocrisy that defines Maldives.”

“It is one of the worst kept secrets of Maldivian politics that most of the Maldivian cabinet, and a substantial number of parliamentarians in the Majlis all drink alcohol and/or take recreational drugs. Several government Ministers not only drink but also facilitate parties and raves for young people they know. On the more sleazy side of things, several do so with the goal of getting sexual favours from young people in exchange for the illegal substances provided,” she said in a comment piece.

Referring to the Criminal Court’s stalling of a court case against MP Ahmed ‘Sun Travel’ Shiyam and state failure to investigate Supreme Court Judge Ali Hameed’s alleged appearance in a series of sex tapes, Azra said: “And the hypocrisy of those meting out such punishment, while happily indulging in worse behaviour themselves, boggles the mind perhaps even more than some of the substances said to have been available at Anbaraa could have.”

In May 2013, the police detained a 16 year old girl in Malé for “dressing inappropriately.”

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Maldives should repeal the death penalty – UN Human Rights office

The United Nations Human Rights Office (OHCHR) on Tuesday voiced deep concern about a new regulation in the Maldives that effectively overturns a 60-year moratorium on the use of capital punishment in the country and allows for children as young as seven to be sentenced to death.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the Office of the High Commissioner for Human Rights (OHCHR).

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she told reporters in Geneva.

Adopted on 27 April, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18. The age of criminal responsibility in the Maldives is ten, but for hadd offences, children as young as seven can be held responsible. Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

“According to the new regulation, minors convicted of intentional murder shall be executed once they turn 18. Similar provisions in the recently ratified Penal Code, allowing for the application of the death penalty for crimes committed when below the age of 18, are also deeply regrettable,” Shamdasani said.

Under international law, those who are charged and convicted for offences they commit while they are under 18 years of age should not be sentenced to death or life imprisonment without possibility of release, the spokesperson added.

Government support

Speaking at a press conference last week, Minister of Home Affairs Umar Naseer said the chances of killing an innocent person after completing all the procedures in the regulation – titled “procedural regulation on investigating and penalising the crime of murder” – was “far-fetched” and “almost impossible”.

With the new regulation, the president will no longer have this authority if a person is sentenced to death for murder by the Supreme Court, Naseer noted.

Although the death penalty has proven to be a contentious issue, Naseer assured the international community that the Madlives has a firm reason to continue with the ruling.

“There will be some parties who will be concerned about this. Concerned countries, concerned NGOs. Some counties are not too pleased with it [death penalty, but we will know about the issue of executing people in this country, the overcrowding of prisons in this country, how much the criminal environment is more lively in this country. And we are a hundred percent Islamic country and there are certain values that we all believe in,” Naseer said.

Meanwhile, President Abdulla Yameen Abdul Gayoom has called for the death penalty to be put into practice in the Maldives from as early as July 2013.

The half brother of former autocratic ruler Maumoon Abdul Gayoom, first told media of his “change of heart” while speaking on the program Voice of Maldives on July 22 2013.

Yameen explained that although he had not been not an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from commonplace murders that have become too commonplace.

“Murder has to be punished with murder,” Yameen said.

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Minivan News journalist among RSF’s 100 information heroes

Minivan News journalist Mariyath Mohamed has been named an “Information Hero” by Reporters Without Borders (RSF) on the occasion of World Press Freedom Day (May 3).

The 100 information heroes “are a source of inspiration to all men and women who aspire to freedom. Without their determination and the determination of all those like them, it would be simply impossible to extend the domain of freedom,” said RSF’s Secretary General Christophe Deloire.

The RSF commends Mariyath’s coverage of the growing influence of radical Islamist groups in the Maldives in the aftermath of the controversial transfer of power in February 2012.

“I feel both honoured and humbled to receive recognition of this scale. My intention has always been to bring controversial issues to the notice of the world, and prompt discussions on the issues both locally and globally. Due to the nature of the topics, there is often as much opposition, and threats, as support. I believe we cannot make a difference unless more of us take up the challenge and speak out,” Mariyath said.

During the first five months of 2013, she was constantly followed, threatened and attacked – on one occasion by men with a steel bar.

“Your sister has hanged herself and we can help you to do the same,” an anonymous letter slipped under her door in early 2013 read.

Mariyath’s coverage of a 15- year old rape victim who was sentenced to 100 lashes shocked the international community led to the sentence being rescinded.

The list of 100 information heroes comprises women and men of all ages (25 to 75) and 65 nations.

“This initiative aims to show that the fight for freedom of information requires not only active support for the victims of abuses but also the promotion of those who can serve as models,” the RSF said.

The list includes varied figures such as Anabel Hernandez, the author of a bestseller on the collusion between Mexican politicians and organized crime, Ismail Saymaz, a Turkish journalist who has been prosecuted a number of times for his reporting, and Gerard Ryle, the head of International Consortium of Investigative Journalists for contribution to the emergence of global investigative journalism.

Glenn Greenwald and Laura Poitras, US citizens who were responsible for revealing the mass electronic surveillance methods used by the US and British intelligence agencies are also named.

In recent years, Maldivian journalists have come under growing threat with two journalists surviving murder attempts in 2013 and 2012.

In February 2013, opposition aligned broadcaster Raajje TV reporter Ibrahim ‘Asward’ Waheed was nearly beaten to death, whilst the station’s offices and equipment were destroyed in an arson attack in October.

In June 2012, two men slashed freelance journalist and blogger Ismail ‘Hilath’ Rasheed’s throat with a box cutter. Hilath is currently seeking political asylum abroad.

The RSF has ranked Maldives 108 on its World Press Freedom Index in 2014, marking a decline in press freedom for the third consecutive year. Fiji, at 107, experienced a coup in 2006, and the Central African Republic, at 109, is in the midst of a civil war following a coup in 2013.

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Malé night market to continue despite alleged corruption

The Malé night market will continue despite the Anti Corruption Commission’s (ACC) instruction not to continue with the deal, the Malé City Council has said.

Deputy Mayor Shifa Mohamed told Minivan News their legal advisors had told them that the ACC does not have the authority stop the agreement with GoMedia from going ahead.

“They asked us to stop certain things, but it has to be finalised from the court,” Shifa said.

“So according to legal officers the Supreme Court has taken a role in saying the ACC is not a place to stop any projects,” she stated.

Shifa referred to a Supreme Court verdict in September 2013 in which the apex court said the ACC does not have the authority to stop a contract between the Maldives government and a Malaysian mobile security firm Nexbis to establish a border control system.

The ACC is consequently planning to take legal action against the Council and GoMedia.

Speaking to Vnews, ACC President Hassan Luthufee said that the Go Media agreement should not be followed by any means and that the agreement’s maintenance was a direct attempt to abet a criminal offense.

“We have forwarded the Go Media case to PG (Prosecutor General) Office for prosecution. If the present Malé City Council members are speaking with this intent, we have to investigate and prosecute them as well,” Luthufee said.

Council disputes corruption allegations

The ACC had stated that the agreement made between Malé City Council and Go Media was compiled in manner that favored some parties and paved way for possible corruption.

However, Shifa yesterday stated that investigations into corruption had not been carried out sufficiently, and questioned the thoroughness of the ACC’s research.

“The Major has sent letter telling [ACC] to redo the whole investigation,” revealed Shifa.

“When the ACC started looking there was one single letter, by a single councilor. The ACC have not really gone into depth,” she added. “They need to check all the documents.”

The arrangements for the market are well underway with many of the stalls already let out to traders, and stopping the plans now could damage many small business owners, Shifa said.

GoMedia has rented out 450 stalls and three canteens at the rate of MVR 4000 (US$ 259) each.

“Small business have already bought tables,” she explained, “we should not disappoint them. We have to consider the fact that agreement was signed.”

“The ACC’s main responsibility is to check if the project is going on properly,” Shifa continued.

She explained that any grievances the ACC may have should be put forth to the Prosecutor General.

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Police release 44 arrested from Anbaara

Police have confirmed the release of 44 individuals arrested from Anbaraa Island during a raid on a music festival on April 18.

A total of 79 suspects were taken into police custody from the island of Anbaraa in Vaavu atoll, all of whom were suspected of being under the influence of drugs, or had drugs on their person, according to police. On Tuesday (April 22) 19 women were transferred to house arrest.

After release of 44 individuals last night, there are currently 32 men still in police custody.

“We have 32 males [under arrest] , those who were in house arrest they are also released except for three,” confirmed a Police spokesperson.

“The investigation is completed now – so today some might be relsead, and some might be taken to court for extended custody,” the spokesperson added.

The Drug Enforcement Department, Specialist Operations, police intelligence department, and the forensic department conducted the operation, Satheeh told  Minivan News previously.

Upon searching the island as well as the 198 partygoers, Satheeh said police discovered different types of drugs and more than MVR90,000 (US$5,836) in cash.

In addition to beer cans, the drugs confiscated from the island included pills, LSD stickers, and hash oil joints as well as rubber packets, cellophane packets, and film canisters containing cannabis, Satheeh said.

However, the raid of the island and subsequent arrests have been an issue of contention, with some arguing that the Police’s actions were a breach of human rights.

In a recent article published on Minivan News, Mushfique Mohamed contended that the arrests at Anbaraa underpinned by a political and constitutional motive, with police using the arrests as a means of “garnering support along ultra-nationalist and Islamist lines.”

The Maldives Police Service (MPS) has denied allegations by the opposition Maldivian Democratic Party (MDP) that constitutional rights and procedures were violated in the arrest of 79 youth last weekend from a music festival in an uninhabited island.

In a press release issued in response to a statement yesterday by the MDP’s rights committee, police insisted that all the suspects taken into custody from Vaavu Anbaraa were informed of their constitutional rights as well as the reason for the arrest.

“In addition, they were informed in writing of the reason for their detention in accordance with the law, and they were told that they had the right to legal counsel,” the press release read.

It added that all suspects detained from Anbaraa were brought before a judge within 24 hours of the arrest. Police also noted that the island was raided with a court order.

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Red Bull reveals plans for ‘Catch the Ferry’ road race

Runners in the Maldives can expect a new challenge unlike any seen in the Maldives before. The Red Bull Catch the Ferry (RBCF) road race is set to commence on May 31. Unlike other road races previously held in the Maldives, the RBCF road race will see participants compete in a 12.6km race across Malé, Hulhumalé and Vilingili.

To progress, runners will need to make it around each of the routes on the island and catch the ferry before it departs for the next leg of the race. Ferries will leave at progressively quicker intervals before departing for the next leg, reads the press statement.

“This very unique concept, offering Maldivian runners to a new challenge. Red Bull Catch the Ferry combines challenge, excitement and fun in one competition. Athletes are really looking forward for this exciting event,” Half Marathon record holder Naseer Ismail states on the press release.

Accordidng to the statement, the fastest male and female of the race will win an opportunity to attend the Almáty edition of the Red Bull 400, which is scheduled to be held inKazakhstan in August this year.

Red Bull 400 is the steepest uphill race that takes place in Europe, and was created by former world-class sprinter Andreas Berger.

The race will take place from 15:50 – 18:00, May 31 2014, starting at the Raalhugandu Helipad Area, Boduthakurufaanu Magu in Malé.

Other races in the Maldives include the Dhiraagu Maldives Road Race, which will take place on June 6.

One of the largest athletic events in the country, the Dhiraagu Maldives Road Race comprises of 5km and 10km. The run is dedicated for a social cause, and this year’s theme is ‘Help Protect Our Children’. Local telecoms company Dhiraagu initially started the event in 2007 as a way of promoting healthier lifestyles for Maldivians.

The race is scheduled to take place in the afternoon of June 6 2014, at Male’ City (Raalhugandu Area), accompanied by live music and children’s activities. Since its inception in 2007, this is the 8th consecutive year of the event.

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Parliament passes sexual harassment and sexual offences bills

Parliament passed the sexual harassment bill and sexual offences bill yesterday (April 27).

Opposition Maldivian Democratic Party (MDP) MP Rozaina Adam – chair of the committee that evaluated the sexual harassment bill – told Minivan News that while the passage of the legislation was a positive step, there was still a lot of work to be done on combating the internalised effects of sexual harassment.

The sexual harassment bill was submitted in January 2013 by Rozaina, and aims to ensure gender discrimination is made illegal at workplaces, educational institutes, and other service providers such as hospitals.

“Previously there was no law or any regulation from which they could seek help. I think now the women have a place to go,” she explained.

If ratified by the president, the new law would mandate the creation of a committee to investigate sexual harassment complaints at all workplaces with more than 30 employees.

The committees shall be chaired the by the head of the respective offices and must include at least one female members.

If the committee finds an employee guilty of sexual harassment at the workplace following an inquiry, it will be empowered to advise the offender verbally or in writing, suspend him, demote him, or dismiss him based on the severity of the offence.

Rozaina however suggested that women would “still not be complaining” despite the introduction of an internal mechanism to address complaints.

“People have come to accept that this is just something that just happens,” she said.

She however said that the legislation would “create awareness,” contending that not enough was done in implementation of similar laws such as the anti-domestic violence law.

“Police are not taking domestic violence seriously enough,” she argued.

Rozaina recalled the story of one woman – whose experiences reflect the reality for many – as she attempted speak out about the sexual abuses inflicted against her.

“She was waiting outside for me,” recounted Rozaina, “she told me she complained to police about ex-husband beating her, and raping her. When I went to case, they hadn’t even done anything about it.”

“They are not giving enough importance to these cases, we need to create more awareness.”

Cooperation from police seems to be “declining”, she added, “they don’t feel it’s an important issue.”

“I just hope that everyone cooperates and more women report these cases in domestic violence. The main issue is talking and reporting, so very few people report.”

Sexual offences

The two bills – which support both men and women who are victims of sexual abuse – were submitted independently of each other.

The sexual offences bill – which called for recognition of marital rape as a crime – was first submitted in October 2012 and was vetoed by President Abdulla Yameen in January 2014.

“The bill contained some provisions that are contrary to Islamic Shariah and Islamic principles was among the reasons considered for returning the bill,” the President’s Office stated at the time.

The contentious bill was drafted and submitted in October 2012 by now-Progressive Party of Maldives MP for Kulhudhufushi South, Mohamed Nasheed.

Nasheed wrote in the draft legislation that it was not intended to replace Shariah, explaining that it did not preclude application of a Shariah penalty for an offence specified in the bill.

Previous reports of police apathy

Minivan News has previously spoken with foreign women from diverse nationalities working in Maldives who came forward and reported various attacks, ranging from verbal abuse to physical and sometimes sexual assaults.

Katie*, a 34-year-old American who has worked in Male’ for almost a year, was subject to a horrific incident last month when a local man sexually assaulted her while she was unlocking the door of her apartment.

Neighbours who heard her screams called the police, and around five to six officers arrived on the scene with a forensic team.

However, according to Katie, the police did not take her statement until three weeks later and then got the details of the attack completely wrong.

“The police had stated my necklace was stolen. It broke off during the attack, I still have it. The attacker must have known the necklace I was wearing was not gold because it was made of multi-colored beads,” Katie pointed out.

She added that she had later found out from CCTV camera owners nearby her house that the police had not requested the footage or interviewed neighbours for clues. Frustrated over the lack of police assistance, she called the US embassy.

“I don’t think they would have even taken the statement if the American Embassy had not called them,” Katie claimed.

The Police department was not issuing statements to Minivan News at the time of publishing.

*Names have been changed to protect identities.

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