Month: April 2012

MDP alleges police intimidation before Thimarafushi poll

The Election Commission has received complaints about police preparations for the Thaa Atoll Thimarafushi Constituency by-election although Commissioner Fuad Thaufeeq, who describes the competition as “heavy”, remains confident the poll will be a success.

Mohamed Musthafa, the disqualified Maldivian Democratic Party (MDP) member seeking re-election in the Thimarafushi by-election this Saturday, has questioned the actions of the police, alleging attempts to intimidate locals and prevent MDP supporters casting their votes following the arrest of seven people on the island.

“Lots of things are happening, they are arresting our boys. I heard they will hold them for three days so they cannot vote,” said Musthafa.

“Several people who were at the MDP jagaha went to PPM jagaha and created a disturbance and were non-compliant with the police. Seven people were arrested following the incident. One person tested positive for alcohol, while three others refused to provide urine,” said Haneef.

Haneef said police have made their preparations for the poll and have deployed the necessary officers. When asked about the precise numbers he said that it would depend on the intelligence received from the island.

Musthafa warned that the police presence on the island had intimidated locals, particularly after recent arrests, which he argued were without good cause. He alleged that one of the young men arrested on Tuesday received a head wound after a police officer pushed his head into a wall.

The MDP candidate also claimed that the police presence on the island of around 3000 people has gone from less than ten officers to well over one hundred baton-armed riot officers.

“This is the worst election we have ever seen, in 30 years. They are threatening people but they can’t buy our hearts and minds,” said Musthafa.

Muthafa was forced to step down from his constituency seat in February following a High Court ruling stating that his debts disqualified him from holding office. The debt has since been paid and he is confident of success on Saturday: “I will be there in Parliament next week.”

The case was brought by Umar Naseer, Interim Vice-President of the Progressive Party of Maldives (PPM). Musthafa’s opponent on Saturday is Ahmed Shareef of the PPM.

Visiting the island this week, Election Commissioner Fuad Thaufeeq met both candidates. He acknowledged the receipt of some complaints relating to police activities and said that the necessary steps would be taken.

Thaufeeq also met with the local head of police who assured him that the police were working only to ensure that the island was safe during the polls.

The Election Commissioner stated that the police presence had been enhanced due to problems with the 2009 parliamentary elections which eventually prompted a second poll to be taken: “We don’t want that to happen again.”

Significant polls

Election Commissioner Thaufeeq reiterated that the Election Commission was fully prepared for the poll, the first of its kind since the resignation of President Mohamed Nasheed on February 7.

“The Elections Commission is ready. We are sending teams out to the islands today. They are formed from local personnel and will work with selected officers. The head of the polling station will be from the Election Commission,” said Thaufeeq. “We will have a successful vote on Saturday.”

The capabilities of the Election Commission have come under scrutiny in recent weeks after the government had maintained that free and fair elections cannot be carried out in the country due to institutional weaknesses.

Both the Commonwealth and the European Union have urged the current government to hold fresh presidential elections as soon as possible. In The United States last week pledged US$500,000 dollars in technical assistance aid to begin an elections programme.

The Commonwealth Ministerial Action Group (CMAG) is due to meet next week to discuss the progress that has been made towards resolving the political impasse in the country.

Despite this State Minister for Foreign Affairs, and daughter of former President Maumoon Gayoom, Dunya Maumoon told the BBC recently that due to the weakness of institutions such as the judiciary, the Election Commission, and the Human Rights Commission (HRCM), the elections could not be held in the “in the foreseeable future”.

Speaking last week, Thaufeeq said, “We are confident we can organise any election mandated by law – whether it is a presidential election, referendum, or by-election. We will serve our duty.”

Saturday will also see a parliamentary election for the Kaafu Atoll Kaashidhoo Constituency, as well as elections for the vacant seats in both Thaa Atoll Gaadhiffushi Island council and Haa Dhaal Atoll Kumundhoo island council.

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Record high convictions of child sex offenders in Ugoofaaru court

The magistrate court on the Ungoofaaru island of Raa atoll has sentenced a  man to 15 years imprisonment for sexually abusing his step daughter.

He was also found guilty of possession of pornographic images and sentenced to additional four months in jail.

The man was arrested from Maduvaree island and charged under the Use of Special Procedures in Dealing with Child Abusers Act which stipulates strict punishments for persons found guilty of sexually abusing children.

Ungoofaru magistrate court has a notable record in convicting child sex offenders from Raa Atoll, which has a population of nearly 20,000 on 16 different inhabited islands.

In a press statement released Monday,  the Maldives Police Service noted that last year Ugoofaaru court had convicted eight people in relation to 10 different child abuse cases.

In February 2011, the court sentenced a man from the island of Kinolhas to 10 years in prison for abusing a 12 year-old disabled girl, and another man from Ugoofaaru was sentenced in April to 10 years imprisonment for sexually abusing a 17 year old girl.

A man from Rasmaadhoo was found guilty of sexually abusing his step daughters aged 12 and 14 for several years. He was sentenced to 15 years in jail while in a similar case a man from Alifushi was sentenced to 20 years in jail for sexually abusing his 17  year old daughter on multiple occasions.

Ungoofaaru court had also sentenced a man from capital Male’  to 20 years imprisonment after he was  found guilty of threatening his 15 year old daughter with a knife and sexually abusing her. His wife from Maakurathu was meanwhile sentenced to six months in jail for hiding her husband’s crime, while another man who had given strong medicine to the 15 year old girl was fined up Rf 200 (US$13).

In October, the court sentenced a man from Kandolhudhoo island for sexually abusing a 13 year old boy and later had that month also sentenced a man from Inamaadhoo island for sexually abuing an 11 year old girl.

The police observed that all cases were investigated by the Ungoofaaru police station in partnership with the Family and Children Centre on the island.

According to the Gender Department, a total of between December 2010 and October 2011, 1,138 cases of child abuse were reported to from atoll family and children service centres. A total of 1,005 cases involved minors while 133 cases involved victims aged 18 and above.

Approximately a third of the 81 cases involving children less than one year-old involved neglect. Sexual abuse was reported in a quarter of the 192 cases for age group one to five, and in a fifth of the 230 cases age group five to ten.

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The introduction of unrestricted, universal free healthcare with no agreed regulation or management was an act of folly: Dr Hassan Saeed

The Aasandha health scheme introduced on January 1 this year, “is and will always be completely financially unsustainable in a country such as the Maldives. And in fact would be in any country – however rich- anywhere in the world,” President Waheed’s Special Advisor, Dr Hassan Saeed writes for Haveeru.

Wouldn’t it be great if we could have a sensible and mature debate about the future of social health insurance in the Maldives? And what’s the chance of that? Pretty slim if you read former President Nasheed’s usual mixture of tedious invective and fabrication.

The introduction of unrestricted, universal free healthcare with no agreed regulation or management was an act of folly, recklessness and irresponsible political immaturity that rivals any of the actions of Mr.Nasheed’s administration.

And what’s more he knew this but still went ahead with it. And the consequence is that we now have the IMF breathing down our necks and a budget deficit that threatens to derail all government social programmes.

Read more

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Police acts on February 8 unlawful, Police Integrity Commission tells Majlis Committee

President of the Police Integrity Commission (PIC) Shahindha Ismail has told the Majlis’ Independent Institutions Oversight Committee that police actions on February 8 were unlawful, and that police officers had used undue force to disperse a Maldivian Democratic Party (MDP) demonstration.

Video footage of the February 8 demonstration show police in riot gear tear gassing and brutally beating unarmed civilians in front of Maldives Monetary Authority (MMA) building.

The MDP took to the streets after former President Mohamed Nasheed claimed he was had resigned “under duress” following a police and military mutiny the previous day on February 7.

Responding to questions from MDP MP Ahmed Sameer, Shahindha said police had violated clauses 1, 8 and 11 of Article 7 of the Police Act. These clauses stipulate that police must respect and uphold fundamental rights of citizens, uphold and protect individual dignity, humanity and human rights, and must not under any circumstances subject any individual to inhuman, degrading or cruel treatment.

MP of the Progressive Party of the Maldives (PPM) Mohamed Hussein asked Shahindha which measures the PIC had used to determine whether police had in fact used excessive force.

“There is a specific act regarding the use of batons,” Shahindha said. “While watching live coverage of the protest, I saw a policeman stretch out his arm with a baton and hit a citizen on his head. That is indisputably unlawful.”

Shahindha said the PIC had immediately called police-in-charge at the time Abdulla Phairoosh and had asked that police show restraint.

“Phairoosh said he was not aware [of police brutality]. We also asked for the police to leave the site if they cannot act within the law. Phairoosh agreed. But we did not see that happen,” she claimed.

Moreover, Shahindha said the police had also violated Article 41 of the Police Act which requires the police to inform the PIC if a police officer causes any harm to a citizen due to use of force, or while individual is under custody.

But Shahindha noted police were fully cooperating with the PIC in investigations, and that the PIC was prioritising the investigation of the events of February 6, 7, and 8.

Responding to questions from MP of the Dhivehi Rayyithunge Party (DRP), Rozaina Adam, Shahindha said while the police had the fundamental right to disobey an unlawful command and the right to ask their commissioner to resign under such circumstances, she could not state whether police actions on February 7 constituted a police mutiny until investigations were complete.

Parties allied with President Dr Mohamed Waheed Hassan refute allegations of police mutiny, stating that police officers were exercising their right not to obey an unlawful command on February 7.

In addition to the PIC, the Independent Institutions Oversight Committee also met with the Human Rights Commission (HRCM) and the Prosecutor General (PG) to question them about police brutality allegations and the detention of Criminal Court Chief Justice Abdulla Mohamed in January 2012.

Human rights violations

The HRCM told the Independent Institutions Oversight Committee that they believed human rights violations had occurred on February 8. HRCM said their monitors were active on the streets and had visited Dhoonidhoo Remand Center and the hospitals that day.

Speaking at a meeting held to mark the 79th anniversary of the Maldives Police Services, Commissioner of Police Abdulla Riyaz said he would not conduct an internal investigation, saying that he had asked the HRCM to look into the matter.

But President of HRCM Mariyam Azra said the police had not asked the HRCM for a formal investigation into police brutality.

“We did not receive a formal request for investigation. However, in a meeting with the police commissioner, after we asked the police to conduct an internal investigation through the police’s professional standards unit, he asked us to look into it as well. We do not believe that is a formal request for investigation,” Azra said.

Speaking to Minivan News after the committee hearing, Shahindha said if the police conducted an internal investigation into brutality allegations it would increase their integrity in the public eye.

CNI not independent: PIC

DRP MP Visam Ali asked if the PIC would collaborate with the presidential Committee of National Inquiry (CNI), which is charged with assessing the facts regarding Nasheed’s resignation.

New President Dr Mohamed Waheed Hassan instituted the three member committee following international pressure for an independent investigation into the transfer of power. However, the CNI has come under fire from the MDP and local civil society groups for unilateralism and lack of independence.

“The CNI has said it is not carrying out a criminal investigation. All of the PIC’s investigations carry a criminal aspect. I do not see the point of joint-investigations with the CNI,” Shahindha said.

“I do not believe the commission is independent or impartial nor does it have the mandate to investigate the matter,” she added.

The PIC had now completed 90 percent of its February 6, 7, and 8 investigations, Shahindha said.

Although the PIC and HRCM said they would be looking into police brutality and human rights violations during the transfer of power, the commissions had previously told Minivan News they did not have the mandate to look into the legality of the transfer of power.

Footage of the MDP protest and police response on February 8, following the change of government

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Independent Commissions Committee decides against summoning police commissioner

Parliament’s Independent Commissions Committee has reportedly revoked an earlier decision to summon Police Commissioner Abdulla Riyaz for questioning over allegations of police brutality against anti-government protesters on February 8 this year.

Committee chair Mohamed Nasheed, an independent MP, today told local media that the decision to summon Commissioner Riyaz was deemed no longer necessary after the police chief said he had asked the Human Rights Commission of the Maldives (HRCM) to investigate reports of police violence.  MP Nasheed claimed that representatives of the Maldivian Democratic Party (MDP) had requested the commissioner be summoned before Parliament for questioning over the reasons why  police were not investigating the allegations of violence.

“They [the MDP members] wanted to know why the Police decided against investigating the matter,” Nasheed told the Haveeru news agency. “But then the commissioner revealed that the Police had requested the Human Rights Commission of the Maldives (HRCM) to investigate the allegations so it was decided there was no need to summon the commissioner to clear out the reason behind the decision. So the committee did not summon him.”

Earlier this week, the Independent Commissions Committee announced it would be summoning Commissioner Riyaz for questioning over alleged police brutality.

The issue was submitted to the committee last Wednesday by Maldivian Democratic Party (MDP) MP Ahmed Hamza.

Hamza told Minivan News on Monday that he had submitted the issue to the committee because the Police Commissioner had said the police would not investigate the alleged brutality committed by its officers against anti-government protesters on February 7 and 8.

Hamza said Riyaz had told him that he had requested the Human Rights Commission of the Maldives (HRCM) investigate the case.

I am interested to know why he has refused to investigate the case,’’ he said. ‘’HRCM and Police Integrity Commission (PIC) are also being summoned to ask about their investigations into police brutality that day.’’

Hamza said the committee furthermore decided to summon Prosecutor General Ahmed Muiz because some MPs were keen to ask him questions about the arrest of Criminal Court Chief Judge Abdulla Mohamed.

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MDP attempts to stop courts from preventing disciplinary action against judges

Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy today submitted a parliamentary motion aimed at blocking the country’s courts from issuing rulings preventing their own watchdog body from taking disciplinary action against judges.

The motion follows a recent decision by the High Court to uphold a civil court injunction preventing the Judicial Service Commission (JSC) from taking action against Criminal Court Chief Judge Abdullah Mohamed until a final verdict was reached at the Civil Court.

Judge Abdulla was a central figure in the downfall of former President Mohamed Nasheed after he was detained by the military.  Abdulla’s controversial detention was made after the government accused him of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

Abdulla Mohamed obtained the injunction against his investigation by the judicial watchdog in September 2011 after it produced a report stating that he had violated the Judge’s Code of Conduct by making politically biased statements in an interview he gave to private broadcaster DhiTV.

According to the motion submitted today by MP Imthiyaz Fahmy, it is unconstitutional for a superior court to rule on a cases pertaining to the JSC’s decisions, as well as to prevent the commission from performing its statutory obligation to investigate and take action against judges.

Fahmy argued that allowing the courts to defy the JSC’s decision contravened the purpose of establishing the court watchdog as an independent institution in the first place.  He argued that such a decision violated the system of checks and balances designed to ensure separate powers of state.

Fahmy also observed that the parliament cannot remove the judge from a bench while a case concerning the matter is at court and noted that it would be an obstruction to parliament’s duty as well.

Several pro-government MP’s challenged the motion, citing the judge had not been convicted of any offence and must not subjected to unfair treatment or intimidation.

Former President’s member on the JSC and whistle-blower Aishath Velezinee for several years contended that Abdulla Mohamed was a central, controlling “father figure” in the lower courts, answerable to former President Maumoon Abdul Gayoom.  She also claimed the judge was a key figure responsible for scuttling the independence of the judiciary under the new constitution.

Allegations against the judge, which date back to 2005, include misogyny, sexual deviancy, throwing out an assault case despite the confession of the accused, political bias, obstruction of police duty, disregarding decisions of high courts, deliberately holding up cases involving opposition figures and barring media from corruption trials.  He also stands accused of ordering the release of suspects detained for serious crimes without a single hearing, maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes, and releasing a murder suspect “in the name of holding ministers accountable” who went on to kill another victim.

In one instance, Abdulla Mohamed was accused of requesting that two underage victims of sexual assault act out their attack in court in front of the perpetrator.

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Increasing density of resort development threatens key tourism appeal, warns former tourism minister

The cabinet has decided to increase the development density of resort islands from 20 percent to 30 percent, in a move tourism authorities of the former government have claimed will impact a key appeal of the Maldives’ destination.

In a statement, cabinet said ministers noted that “opportunities for commercial expansion were limited due to unavailability of land area to develop tourist facilities on leased-out spaces.”

“Members also agreed that, raising the land area limit for construction of tourist facilities, to meet market demand, would largely contribute to the prosperity of the island,” the statement read.

Former tourism minister Dr Mariyam Zulfa said “one of the resort owners behind the [February 7] coup” had pressured her to change the density regulations.

“I privately consulted foreign [resort] investors and the advice I got was not to change this, because the Maldives’ ‘islandness’, a key product feature, would be lost,” she told Minivan News.

“Thirty percent is a huge amount of land to developed as a built up area, and islandness is what makes the Maldives competitive,” she said.

Mohamed Nasheed’s government had debated and provisionally approved increasing the development density to 25 percent, Dr Zulfa said, “but that was before the industry feedback that this was not something to play around with.”

“I can categorically say this is something [resort tycoon and Jumhoree Party (JP) leader] Mr Gasim Ibrahim wanted for a long time. If you do an eyeball inspection of his properties already they more than 20 percent,” Dr Zulfa alleged. “I knew this would happen the moment the regime changed. It doesn’t surprise me.”

Secretary General of the Maldives Association of Tourism Industry (MATI), ‘Sim’ Mohamed Ibrahim, said the density increase would “allow some resorts to develop more facilities, entertainment and staff amenities.”

“It will give resort developers more flexibility,” he said. “We don’t think it will have an impact [on the competitiveness of the destination].”

Dr Zulfa has previously contended that pressure from several government-allied resort owners had led the new government to declare that 25 year resort island lease extensions could be paid in installments rather than upfront, a decision she claimed took US$135 million out of the budget overnight.

In March, the Maldives Inland Revenue Authority (MIRA) said it had anticipated receiving a total of Rf375 million (US$24 million) for lease extensions, however due the government’s recent decision to accept resort island lease extension payments in installments, the  income received dropped to Rf23 million (US$1.5 million). The government has meanwhile said it has a budget deficit of US$155 million.

Tourism Minister Ahmed Adheeb was not responding to calls at time of press.

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Six-year old girl dies of dengue shock syndrome

A six year-old girl died at Male’s ADK hospital on Tuesday shortly after being admitted with dengue fever complicated by respiratory difficulties.

Referred to as ‘Dengue Shock Syndrome’, ‘Dengue Haemorhaggic Fever’, or ‘severe dengue’, this type of complication greatly increases the risk of death in cases as blood pressure drops to dangerous levels.

“The girl was brought in at 4:00pm, gasping, blue, in a critical condition and was taken to the intensive care unit where she died,” said the hospital’s Managing Director, Ahmed Afaal.

Afaal was not yet able to confirm the girl’s home island, but confirmed that there would be a thorough investigation into the case as it involved dengue.

Her death is the first dengue-related death to have been recorded this year. A record 12 deaths last year were mostly children suffering from similar complications. Instances of the disease have been rising steadily both within the Maldives and globally.

Health Minister Dr Ahmed Jamsheed he was unable to comment on the issue, as he said he was engaged in SAARC meetings. He did, however, say that a communicable diseases paper would be discussed at the meeting.

The Centre for Community Health and Disease Control (CCHDC) issued its first warning of the year on March 20, blaming the large amount of construction work in the capital and pools of stagnant water, which serve as breeding grounds for dengue-carrying mosquitoes.

According to the World Health Organisation (WHO) the specific type of insect that carries dengue, the Aedes Aegypti Mosquito, is unusual in that it bites during the daytime. Once infected, humans are the most prominent carriers of the dengue illness, passing the strain on to other mosquitoes when bitten.

The organisation estimates that between 50 and 100 million people a year are infected, with 40 percent of the world’s population at risk. It advises that dengue should be suspected whenever a high fever is accompanied by any of the two following symptoms: severe headaches, pain behind the eyes, muscle and joint pains, nausea, vomiting, swollen glands, a rash.

It can be difficult to distinguish from the milder Chikungunya disease that can last for up to five days. Even healthy adults can be left immobile by dengue for several weeks while the disease runs its course.

Prevention rather than cure

The government has attempted to raise awareness of the disease in order to prevent the spread of what remains an illness without a specific cure.

After last summer’s outbreak was labelled an epidemic by the government, the Maldives National Defence Force (MNDF) was drafted in to assist with spraying breeding sites, although it did encounter difficulties in accessing some sites.

Such instances led to calls from the now Health Minister Ahmed Jamsheed, head of the CCHDC at the time, for the introduction of a Health Protection Bill that would provide “sufficient resources to ongoing efforts on community education, awareness and health promotion, access to premises with mosquito breeding and legal action against those who do not comply with the law or regulations.”

At the time of last month’s warning Public Health Programme Coordinator for the CCHDC, Dr Fathmath Nazla Rafeeq shared her concerns over the lack of public attention to the Centre’s alerts.

“Since December [2010] we had warned about the increase in dengue cases. But most of the people don’t even remember. They assume that mosquitoes should be controlled if there is a dengue outbreak and everything will be okay when authorities spray fog,” Nazla observed. “Therefore, on most islands, its [mosquito control] is highly neglected. Once dengue starts to spread, people panic”.

She also added that another epidemic would be inevitable if the authorities did not consistently eradicate breeding areas.

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Six Senses bought by Pegasus Capital Advisors

Luxury resort company Six Senses has been acquired by US-based private equity fund manager, Pegasus Capital Advisors, for an undisclosed sum.

Six Senses manages 10 resorts and 28 spas in 20 countries around the world, including Oman, Vietnam and Thailand, with another 15 under construction or development. Its brands include Soneva, Six Senses and Evason.

In the Maldives the group has operated the upmarket Soneva Fushi and Soneva Gili properties, and a new resort in Laamu that opened last year. Under the terms of the deal the Soneva-branded properties will be carved from the Six Senses portfolio and will continue to be held by Six Senses founder Sonu Shivdasani, who will remain as CEO, chairman and principle shareholder of the Soneva Group.

Pegasus Capital specialises on investing in middle-market companies facing financial distress, and has tended to focus on consumer products, technology, business services, energy, financial services, industrial manufacturing and the communications sectors.

“Going forward, the new Six Senses will be a debt-free company with committed capital for expansion into new and within existing international markets,” said Craig Cogut of Pegasus Capital Advisors, in a statement. “We are confident that our president Bernhard Bohnenberger and our strong management team will continue to build on its legacy as a recognised leader in luxury hospitality.”

Shivdasani said: “For myself and Eva, my wife, this means we can devote all our energies to our first love – the development of the Sonevas. Soneva will continue to operate its philanthropic arm, The Slow Life Trust, and remain dedicated to achieving environmental goals and a corporate commitment to sustainability.”

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