Fifteen year-old’s appeal of flogging sentence for fornication stalled in High Court

State and judicial authorities have failed to provide a timeline for the appeal of a 15 year-old rape victim sentenced to flogging for a separate incidence of fornication, despite repeated pledges and promises of wider legal reform.

The 15 year-old minor from the island of Feydhoo in Shaviyani Atoll was convicted to 100 lashes and eight months of house arrest in February 2013, after confessing to fornication with another man during an investigation into allegations she was sexually abused at the hands of her stepfather. Those allegations arose with the earlier discovery of a dead baby buried in the outdoor shower area of the family’s home.

A month after the sentence was delivered, sources on Feydhoo told Minivan News that islanders had been raising concerns to the authorities over the girl’s abuse by other men on the island since 2009.

Sources at the time accused law enforcement officials, civil society and successive governments of failing on every level to protect the minor.

Widespread international coverage of the sentencing has since led to over two million people signing an Avaaz.org petition calling for her sentence to be quashed, a moratorium on flogging, and reform of laws to protect women and girls in the Maldives.

Despite the country’s international reputation as an romantic island getaway for couples, fornication (sex outside marriage) is illegal in the Maldives and is subject to Sharia punishments under the 1968 penal code.

However, statistics from the Department of Judicial Administration show that flogging sentences are overwhelmingly issued to women. Of the 129 fornication cases filed last in 2011, 104 resulted in sentences – 93 of whom were female.

Meanwhile, the Judicial Services Commission (JSC) has dismissed calls to suspend Supreme Court Judge Ali Hameed following the judge’s appearance in at least three recently-leaked sex videos appearing to depict him fornicating with unidentified foreign women in a Colombo Hotel room, citing “lack of evidence”.

15 year-old’s appeal stalled

The opening hearing of a High Court appeal of the girl’s flogging sentence, filed on her behalf by Attorney General Azima Shukoor, was held on April 29

The High Court has confirmed to Minivan News that there had been no further hearings in the three months since, and no further hearings scheduled.

However, a legal source speaking this week on condition of anonymity said the hearing in April was believed to have been the last, with the court expected to deliver a verdict on the case the next time it reconvened on the issue.  The appeal is being heard behind closed doors.

The flogging would be administered when the girl turns 18, although local media has previously cited a court official who claimed it could be implemented earlier should the minor request so.

Deputy Solicitor General Ahmed Usham confirmed that the sentence had not been carried out, and reiterated that no date had yet been set for a verdict on the minor’s appeal.

Usham added that a process to oversee legal reforms into the treatment of sexual abuse victims involving state bodies including the Attorney General’s (AG’s) Office was ongoing at present.

“Hopefully something concrete will be announced on this soon,” he said, but could not speculate on a timeline.

President Dr Mohamed Waheed’s government has previously pledged to review and “correct” laws it says victimise young women and minors who have suffered sexual abuse.

President’s Office Spokesperson Masood Imad previously expressed hope that the use of punishments such as flogging would be among practices debated as part of reforms.

“I’m sure when we debate [punishing suspects for fornication with lashes], we will find an acceptable solution for all parties,” he said.

More recently, the President’s Office said current legal practices involving the treatment of victims of sexual offences could not be changed overnight, and required gradual implementation.

“We cannot go any faster on the matter than this, we don’t want to see any trouble like in the past. We can’t just go and ask a judge not to [give sentences like this] anymore,” Masood said in May.

The President’s Office today confirmed that Dr Waheed had established a “special committee” as part of efforts to try and oversee the requested legal reforms, referring any specific questions on its work to Spokesperson Ahmed ‘Topy’ Thaufeeq.

Thaufeeq was not responding to calls or text messages at time of press.

Recently appointed Gender Minister Dr Aamaal Ali meanwhile requested Minivan News contact the office of former Gender Minister and current AG Azima Shukoor concerning the current status of attempts to reform laws on the treatment of sexual abuse victims.

Azima was not responding to calls or e-mails to her office at time of press.

Local newspaper Haveeru meanwhile last weekend interviewed the judiciary’s official flogger, Abdul Khalig.

“According to his memory, Khalig has enforced flogging sentences of over 300 people which amounts to thousands of lashes with his leather whip,” reported Haveeru.

“But Khalig to this day remains hesitant when it comes to flogging the elderly given their age. But he assures that no old person mostly sentenced for fornication and child abuse had come to any harm as a direct result of the flogging.

“No matter who the person is, this must be done. It is not a cruel punishment. Only one woman fainted whilst I was flogging her,” Khalig told the paper.

“I notice that people who have been flogged, repent and live good lives afterwards. Because this such a small society I see it quite often. People who have been flogged for fornication later go on to live very good lives,” he said, adding that he was now hoping “to impart what he has learned to the next generation before he retires.”

15 year-old’s case “tip of the iceberg”: Amnesty International

Speaking to Minivan News at the conclusion of a nine day visit to the country in April, Amnesty’s South Asia Director Polly Truscott claimed the treatment and controversial flogging sentence handed to the 15 year-old girl was the “tip of the iceberg” regarding the Maldives’ treatment of sexual abuse victims.

Earlier the same month, Maldivian NGO Advocating the Rights of Children (ARC) criticised child protection measures currently in place in the country as “inadequate”, urging government authorities to incorporate several key human rights obligations into domestic law.

ARC at the time told Minivan News that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.

Minivan News meanwhile in June investigated reports of “widespread” child prostitution being conducted in Laamu Atoll, and was informed by a private clinical psychologist that the practice had become “so common” that the victims considered it “normal”.

Multiple sources told Minivan News the practice has prevalent across the Maldives, ranging from male benefactors grooming children with ‘gifts’ to parents actively selling the sexual services of their children – some as young as 12.

Official and public acknowledgement of the “systemic” child sexual abuse remains taboo, although Azima Shukoor – then Family and Gender Minister – in a statement on May 10 to mark Children’s Day revealed that “children being used as sex workers, where the children are sent to places as a means to pleasure people and to gain an income from such a trade. This is being practiced in the Maldives today. Both boys and girls are being used in this trade.”

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Comment: Heaven and hell

My husband sits next to me on the steps outside the Imperial Gates of Topkapi Palace in Istanbul, Turkey. The sky is overcast and there is no breeze. It is as if the world itself is hushed by the breath-taking splendour of our surroundings.

‘Allah Akbar. Allah Akbar…’ Suddenly, the melodic call for Asr prayer spills from the imposing minarets of Aya Sofya. The sound reverberates with a lyrical beauty that silences the crowds streaming in and out of the buildings around us.

There are occasions in one’s life, when, what has been, what is, and what might be, unite in total harmony and the moment is enough; a rare privilege in these changing times. I feel the pull of this moment as the call for prayer is echoed by several minarets that repeat these centuries-old words. “It’s harmonised,’ says my husband quietly.

Such occasions demand reflection. Recent travel around Turkey has rekindled powerful childhood memories which were the gifts of an Islamic upbringing. My sister and I, the designated readers to a family devoted to the written word… the long hours of Ramadan… the heat of the sun and the warm breezes conspiring to lengthen the day-light hours… taking refuge in the shade of the trees… an enchanted world where imagination and spirituality reigned.

The biography of Prophet Mohamed. The Thousand and One Nights. The legendary exploits of Amir Hamza. It was a realm of jinni and giants, dragons and dancers, invincible heroes and indestructible holy men. As much as our lessons in Islam and the daily reading of the Quran, these stories developed our connection to the community of Islam and the understanding that our collective heritage was something of which to be proud.

And it is an undeniably proud heritage. At the peak of its culture, its artistic and intellectual accomplishments influenced the entire world. What is most striking about the spread of this culture is that it was open and inclusive; its horizons were wide and flexible. Muslim philosophers helped the spread of Greek philosophy into Europe; Baghdad became the medical centre of the world having translated into Arabic works from several non-Islamic cultures. Huge progress was made in chemistry, physics, astronomy and mathematics.

It is sufficient to remember that the decimal system of numbers which allowed the scientific explosion of the later centuries was passed on to Europeans by this rich culture. Islam’s was the quintessential knowledge-based civilisation.

But these were not the only signs of its positive engagement with the wider world. Muslims were well known seamen and travellers. Improved methods of map making and geographical nomenclature were passed on to Europe by Islamic geographers such as al Idrisi and Abdallah Yaqut. Almost a century before Columbus and De Gama ventured on their explorations, Ibn Battuta documented his travels which were to become some of the best ethnologies in the world.

In a week of frenzied sight-seeing in Turkey, I have seen how the Ottoman Empire, at a much later date, continued this sense of inclusiveness and tolerance. Aya Sofya itself was once Emperor Justinian’s great Christian symbol of temporal and spiritual power in Constantinople. When Mehmet the Conqueror came to power, he simply had the church converted into a mosque. He did not feel the need to vandalise the building or smash it to the ground. Its beautiful mosaic work is testimony to the fact that religions can co-exist in proclaiming the bounty of God. But more than that, it was a statement of confidence and maturity; that Islamic culture – its teaching, its art and its literature – is powerful enough to withstand other ways of thinking and behaving.

My generation of Maldivians grew up confident and strong, nurtured by the greatness of this culture combined with our own Maldivian heritage. But we were the lucky generation. Less than half a century later, the religion, that was the basic building blocks of our childhood, is struggling to find its place in the Maldives. It would seem to be suffering from an extreme loss of confidence.

Although the answers are complex, we need to ask ourselves why such a profound change has taken place. Perhaps the most important reason for this is the cynical pact that the Saudi royal family made with the politically troublesome Wahhabis. The result of this is that a primitive, isolated, desert-based, and distorted version of Islam came to be the state religion of Saudi Arabia. This of course would not have been important if Saudi Arabia did not become the dominant, oil-rich American ally of the Middle East. This meant, what should have been a minor piece of political wheeling and dealing in a poor, uneducated Arab backwater, instead became the dominant evangelising force of Islam in the late 20th century.

But the reason is merely academic now. In recent years, the Maldives has been ‘gifted’ with mosques and madrassas funded by Saudi money under various guises. Groups of Maldivians have been converted to radical Islam. They have shown very little interest in the broad, all-encompassing values of the religion or how a religion and a culture interact over centuries, as it did in the Maldives, to produce a way of life that is unique and worthy of our respect. Just as fear and intimidation are the weapons of their choice, their focus is on selected dogma that suits their inward looking version of Islam.

They would have us believe that to save the faith, Muslims should ignore change rather than learn to live with it. Their romantic hankering to return to a time when women were dependent and servile is dangerous and unrealistic in the 21st century. Islamic dogma was never intended to be exercised in a vacuum; in the Quran, Allah is consistently and forcefully associated with terms of compassion and mercy, both of which should work closely in the interpretation of religious dogma.

I am not an expert in Islamic Law but I have no trouble claiming that for generations of Maldivians, Islam was, and still is, a call to live a good life. But this concept of living a good life has been high- jacked by a group of self-appointed people who have selected isolated facets of the religion and reassembled them to achieve their own bizarre social and political agenda. What has a good Islamic life to do with a preoccupation with facial hair or a propensity to drape one’s entire body in metres of black cloth?

In the absence of any strong, open objection to this new version of Islam in our midst, or any healthy debate by more moderate Islamic scholars in our country, the radical elements have prospered. They have organised themselves to a degree where many Maldivians, with different points of view, are afraid to speak out. There are shades of Pakistan and Afghanistan here. In Afghanistan the Taliban killed over 10,000 moderate Muslims so that they alone could claim to represent Islam and thus dominate their society. In the Maldives, they have infiltrated the political arena by shamelessly changing allegiances as they see fit. Disproportionate to their electoral success as a political group, their voices are the loudest in condemning people who do not fit into their narrow version of Islam.

I would like to believe that MP Dr Afrasheem’s shocking assassination was not related to his moderate Islamic views. But it would not surprise me if it was. Unfortunately violence is often a way of life for those who can only see things in black and white. So, unless their intense motivation to take the country back into the Dark Ages is contained, the fate of the Maldives will become synonymous with countries such as Afghanistan and Pakistan- arid landscapes of abject poverty, punctuated by mindless violence. It will become a hell on earth except for a joyless few who see that hell as their exclusive way to heaven.

If Islam is to stay relevant to the new generations of Maldivians, it has to go back to its Maldivian roots. Here, Islam has always been moderate, caring, sharing and inclusive – a combination of cultural and Islamic values that served us well in the past. In a world literally drowning due to the greed of its inhabitants, the values of our Maldivian ancestors who managed to live more cooperative and less selfish lives are hugely relevant to our 21st century society.

As I leave the steps outside the Topkapi Palace, I remember my own maternal grandfather – Kudahuthu Mohomaidhi. This beauty would have moved him, just as it does me. He was a devoted Muslim who spent much time in prayer and the reading of the Quran. However, this was not all he did. What he earned, he gave away to others. When neighbours, friends and family members needed support, he was their first port of call. He accepted change with a readiness that surprised me. In his youth he was a great sportsman; as he aged he became fascinated by wood turning, jewellery making and gardening. His mind remained open to new ideas and new ways of doing things. He celebrated life. But, he died on his prayer mat. He was an exemplary Muslim Maldivian; a combination of what is best in both.

Such role models are not limited to the past. There are thousands of Maldivians living good, generous, tolerant and positive lives today. I am privileged to know several such people. These people do not need to live claustrophobic, intolerant, self-centred lives to be good Muslims.

Heaven can be achieved without making a hell of this world.

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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Police arrest, charge two men for eating during Ramadan fasting hours

Police have arrested and charged two men who were caught eating during fasting hours.

Police identified the pair as Mohamed Saeed, 42 of Henveiru Happy Villa and Ibrahim Ali, 18 of Violet house in Maafaru, Noonu Atoll. Both names were sent to the Prosecutor General (PG)’s office for prosecution.

In a statement, police said the pair were discovered eating behind the Alimas Carnival Stage at 2:00pm on July 12, 2013. The investigation was concluded by July 24, and sent for prosecution.

Police Chief Inspector Hassan Haneef said eating during fasting hours was a crime under the Maldivian penal code.

‘’I think, although I am not entirely sure, it is a crime punishable by a sentence of up to one year in jail,’’ he explained.

Fasting hours during the month of Ramadan are from dawn to sunset. In the Maldives the dawn prayer is normally called at 4:40am and sunset at 6:23 pm.

During Ramadan in 2010, four men were arrested after they were caught eating in daylight hours. Two of those arrest were also made near the Alimas Carnival stage.

During the same Ramadan, another group of people were arrested while they were eating behind a construction site on the land behind the Dharubaaruge convention centre.

In 2009 a man was arrested for eating in daytime during Ramadan and was sent to the Criminal Court. The Criminal Court fined him MVR 500 (US$32) and ordered him to reinstate that day’s fast.

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Belgian group “conditionally awarded” Hulhumale’ second phase reclamation contract

The Housing Development Corporation (HDC) said it has “conditionally awarded” a contract to Belgium-based company Dredging International to undertake the second phase of reclamation work on the island of Hulhumale’.

HDC Deputy Managing Director Mohamed Shahid today told Minivan News that financing on the contract was still in the process of being finalised at present on the project, with the bid price “more or less” anticipated to be about US$59 million.

Shahid added that a total cost of the project could not be given until certain technical requirements related to the expansion project were finalised.

Local media has previously reported that the HDC project to reclaim 230 hectares of land on Hulhumale’ suitable for residential use would cost an estimated US$60 million, with six foreign parties reportedly expressing interest earlier this year. The development is anticipated to be the largest project of its kind in the Maldives.

Shahid said that with most of the housing planned for the first stage of the development on Hulhumale’ now complete, a second stage would begin soon to reclaim land for the further development of residential and commercial properties that would be managed by the HDC.

A source with knowledge of the project today confirmed that representatives for Dredging International were expected to arrive in the country in the next two to three weeks to begin inspections of the project area before work could commence.

Local newspaper Haveeru meanwhile reported that the second reclamation phase was expected to take about one and a half years to complete.  The work will include reclaiming land presently used for the Club Faru resort, an island property sharing the Hulhumale lagoon closed earlier this year in anticipation of the project.

The Maldives government earlier this month announced it was nearing an agreement to move ahead with the second phase of reclamation work, despite claiming weeks earlier that the project could face continued delays due to limited financing.

The claims were made as the government also this month entered into discussions with Saudi Arabia over securing a US$300 million credit facility for several purposes including “budget support”.

Despite the state’s financial concerns, President’s Office Media Secretary Masood Imad said the agreement would see work commence on a second phase of land reclamation in Hulhumale’ “as soon as possible”.

The development of Hulhumale’ near Male as a residential area was originally intended to reduce congestion in Male – one of the most crowded cities in the world, with an estimated 55,000-60,000 people per square kilometre.

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Four arrested in connection with Dharavandhoo power house robbery

Police have arrested four people from the island of Dharavandhoo in Baa Atoll in connection with the theft of MVR 75,000 (US$5000) was stolen from the island’s power house.

In a statement issued today police said the four men, aged between 21 and 27, were arrested yesterday at about 2:00pm after police obtained a court warrant. One of those arrested was a staff member at the power house.

Police alleged two islanders aged 16 and 23 tried to obstruct the arrests, and were also arrested.

Both the charges of robbery and obstruction of police duty have been filed at Dharavandhoo police station.

Baa Atoll online newspaper Eydhafushi Times reported Island Council President of Dharavandhoo Ibrahim Rashid as saying the power house was robbed after the staff allegedly left the power house to eat.

According to the paper, the staff learned about the robbery when they returned to duty at dawn.

Local media reported that the MVR 75,000 was stored inside a safe, which the thieves destroyed.

The Island Council Secretariat had not responded to calls at time of press.

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Five arrested in connection with rape case of 17 year-old girl in Milandhoo Island

Police have arrested four men and one minor in connection with the gang rape of a 17 year-old girl on the island of Milandhoo in Shaviyani Atoll.

In a statement police said that five arrested were aged between 17 and 21.

Police did not provide further details of the case but stated that the victim was 17 years-old and the incident occurred on Monday night at around 10:00pm.

Island Council President Mohamed Yasir told Minivan News he received information about the incident shortly after it occurred.

‘’Upon hearing the news I went to the girl’s house and she was with her mother sitting down and crying, her clothes were torn and there were lots of signs she’d been attacked on her body and clothes,’’ he said.

‘’She told us that the group of people appeared from nowhere and snatched her while she was walking home from tuition class last night,’’ he said. ‘’She said all the men in the group were covering their faces but she could identify some of them by their height, voice and other characteristics.’’

Yasir said the victim had scratches and bruises on her body and said ‘’the group not only sexually assaulted her, she was physically abused. She told us it was a huge group and almost everyone there took photos and videoed her and threatened to leak it on Facebook if she told anyone about it.’’

Yasir said the girl was taken to the island’s beach where the group tore off her clothes and gang-raped her.

According to Yasir, the girl said she had recently received threats from several people in the group.

A local islander alleged a group of men grabbed the victim and covered her face using a T-shirt before abducting her: “There were scratches on her face,” he said.

“She knew some of the people in the group that snatched her and she the police their names. They have been arrested,’’ he said.

The girl was admitted to the island health centre after the incident.

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Comment: This is not a dictatorship

This article was first published on Dhivehi Sitee. Republished with permission.

Since the 7 February 2012 coup that was not a coup, a disconcerting dissonance between what people witness with their own eyes and what they are officially told they see has become a regular part of life.

Last week, thousands of voting Maldivians watched the X-Rated video of Supreme Court Judge Ali Hameed having sex with three prostitutes at a high-end hotel in Colombo, Sri Lanka. It was not just his clothes that Hameed shed in front of the people but also his dignity along with the ethical and legal right to sit on the bench. Ethical, because he so carelessly flouted the values of his profession, and legal because the Maldives defines unmarried sex between consenting adults as the crime of fornication.

Yet the official reaction has been like a ticker-tape running across the entire length of Hameed’s sexual marathon saying, ‘This is not sex. This is not zinah. This is not Hameed.’

Gasim Ibrahim, the presidential candidate for Jumhoree Party, has been one of the most vocal defenders of the judge. He asks us to ponder the infinite possibilities of why it was not Hameed in the video: “Anyone can dye their hair red.”

No one can argue with that – not in these days of L’Oréal.

Adhaalath, the self-appointed ‘religious leaders ’ – and the last Maldivian political institution one would expect to favour an informed decision over an ignorant one – has announced it cannot say “Hameed is fornicating” or “Hameed is not fornicating” unless the Judicial Service Commission says “This is Hameed” or “This is not Hameed”.

Until then Adhaalath — or any other government entity — will not see what it sees, nor must we believe our own eyes.

In November last year, 38 MPs in the Majlis agreed that President of the Civil Service Commission, Mohamed Fahmy, was more likely than not to have sexually harassed a female servant as she alleged. They voted to have him removed from the CSC.

Fahmy, though, is still there in the CSC, accompanied by a subliminal government-issue caption designed to appear under every image of Fahmy we come across: “This is not a sexual harasser” or “Sexual harassment is not a crime.”

Back in April this year, pictures emerged of Defence Minister Mohamed Nazim and Tourism Minister Ahmed Adheeb hob-nobbing with the Artur Brothers – Armenian gangsters who were chased out of Kenya in 2006 for heroin trafficking and involvement in the country’s troubled political scene.

Initially the official line was to say it was neither Nazim nor Adeeb hanging with the gangsters. Then came a very Gasim-esque defence: “It is possible that the Ministers and the Brothers were in the same place at the same time. That doesn’t mean they were together as in together together.”

Soon after, pictures emerged of the Brothers at the gala event organised by Nazim and Adheeb to re-open Olympus theatre. This was followed by evidence that one of them was staying in Farukolhufushi, a resort under direct control of Adheeb at the time. Still, the official line was: “This is not happening.”

It was the same with the leaked draft Status of Forces Agreement (SOFA) with the United States. Nazim and others denied they saw the leaked version on ‘social media’, but were able to confirm “this is not the SOFA”.

So it was not.

A similar story with the PISCES system gifted by the United States: “This is a border control system” said both governments, and so it is; even though controlling borders is the least of PISCES’ concerns.

Then there were reports of the forged ‘extension’ of the agreement to extend the lease of Farukolhufushi resort, a copy of which was shown on Raajje TV. The authorities have stuck the “This did not happen” label on the incident, so it hasn’t.

Latest in these series of events occurred yesterday, the day marked on the calendar as ‘The Independence Day’. Two events were held to confirm this: one at the museum and one at the Republic Square.

The event at the museum was a reception hosted by Mohamed Waheed Hassan Manik and his wife Ilham Hussein for local and foreign dignitaries. It was held in the hall usually reserved for the most precious of national heritage artifacts. Their storage requires specific conditions, their care and handling needs highly trained hands. This is the expert opinion.

The official line, however, is different. In direct contradiction of results of years of study, the President’s Office put out a statement saying: having the party at the museum, or having untrained labourers move the priceless artifacts would not damage them. So it won’t.

Male’ watched as Maumoon Abdul Gayoom was given the highest national award of respect. For 30 years, Gayoom ruled the Maldives without respect for either human freedoms, dignity or the rule of law. It was a dictatorship that stalled economic, social, cultural and intellectual development for an entire generation.

But, the national honour, the shining thing around his neck, screams “This is not a dictator”. So he must not be.

This is a democracy.

Dr Azra Naseem has a PhD in international relations

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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“We will not follow unconstitutional orders, even if a new president is installed tomorrow”: Police Commissioner Riyaz

Police Commissioner Abdulla Riyaz has said his institution will continue to refuse any orders it decides are “unconstitutional”, while expressing concerns over leaked proposals allegedly devised by the Maldivian Democratic Party (MDP) to reform the country’s security forces.

In an interview on the Maldives Police Service (MPS) website, Commissioner Riyaz expressed concern at a leaked policy paper that he alleged sought to dismantle and undermine law enforcement, calling for the opposition MDP to clarify if the policies were genuinely part of the party’s election policy.

“I don’t want to say anything specifically about something that has been prepared politically or for a political purpose, but we do have a constitution and the MPS is an institution formed by the constitution,” he said, speaking just over a month ahead of the 2013 presidential election.

Proposals in the paper – leaked on social media earlier this month – include transferring the police to the authority of city councils, similar to the system in the US, while providing salaries and allowances of officers through the Local Government Authority (LGA).

The MDP last week questioned the legitimacy of the leaked reform proposals, claiming the party had no knowledge of such a document, despite backing the idea of a ”transitional arrangement” to reform the country’s security forces after last year’s controversial transfer of power.

The opposition party continues to maintain that former President Mohamed Nasheed was deposed in a “coup d’etat” after being forced to resign from office following a mutiny by sections of the police and military.

The allegations were later rejected by a Commonwealth-backed Commission of National Inquiry (CoNI) that ruled that there had been “no coup, no duress and no mutiny”, while also calling for action taken against unlawful acts committed by the country’s security forces following the transfer.

“Dismantle” fears

Commissioner Riyaz, who took office immediately after the power transfer, said proposals in the leaked documents could not be implemented within regulations outlined under the Police Act.

The commissioner also rejected the professional capacity of individuals behind the reforms, which he claimed sought to “dismantle” and undermine the large role security services play in the country.

“I’d like to tell the MDP that they should clarify whether it is their policy or not. If it is their policy, it is of great concern. This [police] institution will be very concerned,” he said. “Politicians should not try to play with this institution. Help this institution develop. Work to make this institution more responsible. To make it operationally accountable. Don’t use political influence to carry out political objectives through this institution.”

Riyaz alleged that certain senior government figures over the last three years had attempted to limit or weaken police in the country through the use of political influence that led to officers “straying from their path”.

He insinuated that police would not allow a similar event to happen again.

With an estimated 3,500 individuals employed within the MPS, including a large number of families, Riyaz questioned whether any political leader would seek to “discredit” the institution.

“I don’t believe that someone who is working to become the leader of this country will do this because of these reasons.  This country will do this because of these reasons,” he said. “To maintain law and order in the country, firstly no one can govern, unless they are able to maintain law and order.”

Commissioner Riyaz added that the mandate of the police was set out in the constitution, adding that any reforms to the institution’s work could only be enacted by a two-thirds majority in parliament.

“We remain firm. We will not follow any unconstitutional orders, even if a new president is instated tomorrow,” he said during the interview. “Even if I’m not here, the rest will also not follow these orders. Maldivian politicians should know this. I believe they do.”

“Whichever individual becomes President tomorrow can no longer just change the constitution, the existing law. That individual, holding the presidency,  can only bring such big changes with a parliamentary majority.”

When contacted to clarify the comments within the interview, Commissioner Riyaz today forwarded inquiries to Police Spokesperson Chief Inspector Hassan Haneef.

Chief Inspector Haneef defined an unconstitutional order for the police as something that contradicted Maldivian law.

“Operationally we are independent. We do not follow political orders, but we follow the country’s law,” Haneef said.

He added that officers would refuse to follow orders “outside the law” whether they were issued by a president, or a superior officer.

Asked who was responsible for determining whether a particular order was unconstitutional, Haneef said the decision would be made in accordance with regulations outlined in the Police Act, as well as official codes and procedures outlined by the MPS itself.

“It is very clear within the Police Act [as to how a constitutional order] is defined,” he said. “Every person must be accountable for the orders they give.”

At times of press, Minivan News was awaiting a response from the Police Integrity Commission (PIC) over the correct procedure for reforms and the definition of an “unconstitutional order”.

Reform mandate

Speaking last week, MDP MP and Spokesperson Hamid Abdul Ghafoor personally dismissed having knowledge of the leaked paper on police reforms, despite claiming that the opposition party had considered the need for a “transitional agreement” for reforms of the country’s security forces based on recommendations raised in last year’s CoNI report.

With the CoNI process concluded, Ghafoor accused the Commonwealth and the wider international community of failing to ensure reforms to strengthen democratic institutions called for in the report’s findings were met.

He alleged that the MPS had failed to fully be transferred from a militarised to civil institution dating back to the administration of former President Maumoon Abdul Gayoom’s before the country’s first multi-party democratic election in 2008.

“Gayoom had moved to separate the military and police into different bodies. In the end, he failed to do this adequately,” Ghafoor said.

Despite pledging to reform the police and military, the MDP said it was not planning a “witch-hunt”.

According to Ghafoor, the MDP was instead focused on trying to secure a “huge election majority” in order to carry out reforms with the mandate of the public.

“This will help solve everything,” he said at the time.

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Police to charge MDP activist for planning civic disruption on March 19, 2012

Police have charged 43 year-old Maldivian Democratic Party (MDP) activist Shiyan ‘Shiyalhey’ Shafeeq for disrupting public order, creating instability, planning arson attacks and assaulting security services during a city-wide protest on March 19, 2012.

Police alleged Shiyan not only planned the attacks but also was involved in committing these crimes. The case was forwarded to the Prosecutor General’s Office on July 14, police said.

Shiyalhey has been arrested several times previously on charges of disrupting public order and creating violence during political demonstrations.

The MDP held the March 19 protest to disrupt President Mohamed Waheed’ s attempt to give the opening address to parliament. Waheed had been sworn in just over a month earlier, following the controversial resignation of President Mohamed Nasheed

A group of 200 anti-government protesters replete with MDP and Maldivian national flags staged a sit down demonstration outside Majeediyya school near the parliament in protest over the President delivering his address, while inside the parliament chamber MDP MP’s barricaded the door to prevent the new president from entering.

The charges followed the high court’s recent upholding of a seven year prison term for eight men accused of throwing stones at the government-aligned VTV station on the day of the protests.

Appealing the sentence, Hameed argued that it was extraordinary practice for the court to impose the maximum possible sentence on a first time offender with no criminal record.

However the High Court, noting that the sentence was three to seven years, deferred to the discretion of the Criminal Court judge.

VTV is owned by MP Gasim Ibrahim, a resort tycoon, presidential candidate and member of the Judicial Services Commission (JSC) tasked with disciplining the judiciary.

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