Month: July 2012

Nasheed resigned “under duress”, security forces “more like militia”: Danish legal experts

Former President Mohamed Nasheed resigned “under duress” in a “coup d’état” on February 7, a report by Danish legal experts has concluded.

The report, titled “Arrested Democracy,” was compiled at the request of Nasheed’s Maldivian Democratic Party (MDP), and authored by an independent team of international lawyers and human rights experts headed by Associate Professor of International Law at Copenhagen University, Anders Henriksen.

It analyses the legality of Nasheed’s resignation under international law and the subsequent actions taken by the security forces against anti-government protesters, and is based on testimonies collected during a field visit in June 2012, as well as news articles, written materials and video footage.

Whilst the report concluded Nasheed was ousted in a coup d’état, the authors could not determine “with absolute certainty” whether the coup was pre-planned. However, the report finds “the factual circumstances surrounding the resignation of President Nasheed extremely damaging to the credibility of the new government and its claim that it did not instigate the transfer of power in the Maldives.”

The report further states that new President Dr Mohamed Waheed Hassan’s refusal to hold new elections “violate the right of the Maldivian people to democratic governance as manifested in Article 25 of the United Nations Covenant on Civil and Political Rights and in the right to self-determination.”

It also condemned and detailed a number of human rights violations committed by the Maldivian security forces, observing that “since the transfer of power the Maldivian security forces seem to have acted more like a militia for the new government than as a neutral police service for all Maldivians.”

Security forces have violated rights to freedom of association, speech, and assembly and right to personal security “by resorting to excessive use of force; discriminating against protesters based on their viewpoints; restricting demonstrations without a legitimate reason and for failing to distinguish between those protesters that cause trouble and those that are peaceful,” the report said.

Noting that no security official has been held accountable for human rights abuses since the controversial transfer of power, the authors stated that the Maldives government must take the “overall responsibility for the human rights violations in the Maldives over the course of the last six months.”

Recommending fresh elections to resolve the current political crisis in the Maldives, the authors state: “The new government must call for new elections and it must do so rather sooner than later. The longer it waits, the longer it prevents the Maldivian people from determining their own future.”

Members of the MDP have released two reports concerning the transfer of power on February 7. A report produced by former Environment Minister Mohamed Aslam and former National Security Advisor Ameen Faisal in June outlined what the MDP government knew of the then-opposition’s plan to topple the government by soliciting “about 500 police officers” to mutiny against Nasheed’s administration. A few days later, MDP lawyer and MP Mariya Ahmed Didi released a report outlining criminal charges against President Dr Waheed, arguing he had played “a pivotal role” in the “unlawful overthrow” of Nasheed’s administration and in doing so had violated Article 30 of the Penal Code.

Coup d’état

Nasheed had no choice but to accept a demand for his resignation on February 7 following “the revolt by the Maldivian Police Services and the seemingly unwillingness or inability of the Maldivian Military to restore law and order,” the report states.

“We conclude that President Nasheed resigned as President of the Maldives under duress, and that his resignation cannot be considered voluntary or otherwise ‘in accordance with law,’” the report observes, and goes on to state; “To the extent that a ‘coup d’etat’ can be defined as the ‘illegitimate overthrow of a government’, we must therefore also consider the events as a coup d’etat.”

Although the authors could not conclusively determine whether the coup was pre-planned, they argue that “it should not be for the opposition to prove that the new government under the presidency of Dr. Waheed orchestrated the forced resignation by President Nasheed, but rather for Dr. Waheed and his new government to prove that they did not.”

The report calls for early elections, stating that elected politicians must consult their constituents in time of extraordinary crisis.

“When the elected politicians have a valid disagreement on the political legitimacy of the democratic process and when that disagreement threatens to jeopardize the entire constitutional system, it should be for the people – and not simply the ruling politicians themselves – to decide on the direction society should take,” the report states.

“More like militia”

The report details human rights violations committed by the security forces since the transfer of power and said the security forces acted “more like a militia for the new government than as a neutral police service for all Maldivians.”

Maldivian security forces have violated the rights to freedom of speech, association, assembly and the right to personal security by resorting to excessive force, the report states. It further argues that such violations have made protesters reluctant to exercise their legitimate rights.

“We find, in other words, that the acts of the security forces have had a ‘chilling effect’ on the enjoyment of fundamental freedoms in the Maldives.

“The reported conduct of the security forces does not correspond with their obligation to allow protests to take place unless compelling information offers a legitimate reason for restriction. Indeed, when judged by the information available, it seems as if the security forces have been more focused on repressing demonstrations rather than ensuring the safety of the participating individuals,” the report notes.

Security forces have used “excessive and indiscriminate use” of batons and sticks, pepper spray and tear gas, and if such instruments have been used for no apparent reason, then “the security forces may very well have violated the prohibition against inhuman and degrading treatment under the UN Covenant on Civil and Political Rights and the UN Convention against Torture,” the authors said.

The report claims the security forces’ targeting of anti-government protesters “appear to be systematic and not just the result of sporadic acts of ill disciplined officers.”

“Some responsibility for the worsening human rights record among the security forces must rest with the leadership of these forces who have clearly failed to make sure that their personnel have discharge their duties in compliance with applicable democratic and human rights standards. The security forces do not appear to operate under a coherent and well-principled policy for the use of force policy and there also seems to be lack of comprehensive protocol governing the treatment of protesters and the handling of public demonstrations.

“Overall responsibility for the numerous human rights violations in the Maldives over the course of the last six months must however, rest with the new Maldivian government who are ultimately responsible for the acts perpetrated by its security agencies. The government appears to have taken no concrete actions in order to stop the violence against the anti-government protesters nor has it distanced it from it.

“In a controversial move, the government has actually just recently allowed for the introduction of new types of non-lethal weapons, including the use of electroshock taser-guns and mace spray, for use by the Maldivian security forces,” the report observes.

The authors also criticize the Maldivian Human Rights Commission (HRCM), claiming that although the commission is “competent to look into complaints of human rights violations, in the Maldives, we are not entirely persuaded by their willingness and ability to condct sufficiently thorough investigations of the events that have occurred in the Maldives since the transfer of power.”

The authors recommend “fundamental democratic reform” of the Maldivian security forces, claiming that the two institutions were not immune from manipulation and exploitation by influential political actors. “Both institutions clearly suffer from a lack of basic understading of their proper role in a democracy,” the report stated.

In addition to Henrikson, Attorney-at law, LL.M., Rasmus Kieffer-Kristensen, and Asia-expert & Senior Policy Fellow Jonas Parello Plesner participated in authoring the report.

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CCHDC backs sex education in schools to combat rising sexual health problems

Age appropriate sexual and reproductive health education needs to taught in schools to combat the increasing “sexual health illnesses” in the Maldives, according to the Centre for Community Health and Disease Control (CCHDC).

CCHDC’s Public Health Programme Coordinator Nazeera Nazeeb revealed that studies have found high risk behaviors young people – including “unprotected sex, drug and alcohol abuse, homosexuality and prostitution” – are putting them at high risk of  sexually transmitted diseases and HIV risk.

During a rapid situation assessment of drug abuse in Maldives in 2003 conducted by the Narcotics Control Board it was found that as many as 75 percent of youth surveyed have had reported having at least one sexual experience by age 21. In 2005, a similar outcome was derived in a Youth Ministry survey, which showed  that 14 percent of males and five percent of females under the legal age of 18, admitted to being sexually active.

In both of the unpublished surveys many adolescents and youth reported their sexual encounters were “without condom use”, the basic defense against  sexually transmitted diseases (STI), HIV and unwanted pregnancies.

Meanwhile, in 2008 Biological and Behavioral Survey (BBS) conducted among the five most-at-risk groups – including seafarers, men having sex with men, adolescent youths commercial sex workers, and injecting drug users  – further highlighted the magnitude of vulnerability these group face.

The report noted that unprotected sex with multiple partners is prevalent among these high risk groups and that the sharing of unsteriled needle and syringes is common among drug users. This study also found risky behaviors among the 15-17 year olds and the older youth, including buying and selling of sex for money often to finance drug use habits, sex with non-regular partners, pre-marital sex, group sex and injecting drugs.

The first anticipated outcome of these high risk behaviors were recorded in a report releases by CCHDC in 2011, which states 18 HIV positive cases were detected and over 400 cases of STIs in 2010, of which 97 percent cases involved women.

Detected STIs included chlamydia and gonorrhea – both conditions that can cause infertility if left untreated.

In addition to the heightening figures on sexually transmitted diseases, Najeeb leading the reproductive health unit of CCHDC said that the centre is witnessing an alarming increase in cases of underage and unplanned pregnancies where some girls are getting pregnant “without even knowing it”.

“These unwanted pregnancies are subsequently resulting in more unsafe abortions, baby dumping or infanticide,” she noted.

In last two years, three newborns have been found dead and two alive. The dead infants included two fetuses, one hidden in a milk tin and the other at the bottom of Male’s municipal swimming pool, while another fully-developed baby was thrown into a park having apparently been strangled by the underwear tied around its neck. Two babies were found abandoned and alive, and have now been placed under state care.

During the five year anniversary of IGMH’sFamily Protection Unit (FPU) in 2010, the hospital officials revealed that a total of 121 unmarried pregnancies were reported to the unit involving several women and girls as young as 14.

Unless it is proved that the conception is the result of rape or that the pregnancy is a threat to the mother’s health, these mothers do not have the legal right to abortion and are forced to take extreme measures due to the  stigma of having a child out of marriage.

Speaking about the figures at the time, leading gynecologist at IGMH Dr Aseel Jaleel acknowledged that in such cases pregnant mothers often attempt self-induced abortions, which pose great  risks to the mother’s life and pose potential fertility problems later in life.

He reported that two women had died that year from unsafe abortions.

Meanwhile, Najeeb adds: “Not just that, sexual violence committed against girls such as sexual abuse and rapes, remain at alarmingly high levels. “In most cases, abused girls did not even know what happened them, because no one talks to them about it.”

FPU reported that the centre received 42 cases of rape over the five years, of which over half involved minors. Authorities observe that several more cases are likely to be under reported from the Male and especially from  the islands which accommodate two thirds of the Maldives’ 350,000 population.

In 2008 the Global School Based Student Health Survey (GSHS) conducted among 1516 students from secondary school signaled an astonishing amount of sexual violence: 17 percent students reported being “physically forced” to have sex.

Furthermore it found high rates of alcohol consumption (6.7 percent) and life time drug use (5.7 percent) while, almost 20 percent of students surveyed reported having suicidal tendencies.

FPU had reported that in cases of rape and abuse, victims often attempt suicide or suffer grave emotional trauma and found an evident connection between substance abuse and gender based violence.

Despite these eye-opening findings and anecdotal evidence on sexual health problems, Najeeb said that many parents feel reluctant to talk to their children about sex and drugs, while the current school curriculum provides little to no information about reproductive health, leaving adolescents and youth unguarded and vulnerable.

In an effort to provide such information, she said that Life Skill Education (LSE) program and the Youth Health Cafe’ program was initiated by the authorities, but over the years both remained active only on a small scale and had not been successful in expanding systemic outreach to vulnerable groups.

When asked whether incorporating compulsory sex education into Maldivian education system could be a solution, Najeeb responded that “adolescents must receive age appropriate reproductive health education in schools.”

She explained: “Students, except for those studying biology, have little to no information about their reproductive system. In school Islam lessons they teach students about marriage, divorce, cleansing, fornication. They are telling kids what is Haram [forbidden] and Halal [allowed]. But they are not teaching kids about the ramifications of those acts [sex] and reasons for it being forbidden.”

“Teenage years are a very explorative and experimental age. At that age, if the adolescents are not taught about the sexual and reproductive health and ramifications of high risk behaviors such as unprotected sex and drug abuse, they are likely to be more vulnerable and go astray,” Najeeb further noted.

She admitted that the suggested sex education programs in schools was a controversial subject, considering the religious and cultural background of Maldives, a 100 percent Muslim nation.

Therefore, she said authorities must together consult and come to a consensus on the subject of supporting adolescents and youth to protect their bodies and lives.

“We need to take action together. This is not a problem we can solve alone,” Najeeb concluded.

Meanwhile, in an interview to Minivan News, Former Minister for Gender and Family Aneesa Ahmed also echoed Najeeb’s suggestions: “If we can teach children about nose and ears, why can’t we teach them about their sex organs in an age appropriate manner? There is absolutely no shame in it. After all, it is also part of the human body.”

“Today the scale of of sexual abuse, unwanted and underage pregnancies, abortions and infanticide in the community has  gone to extreme levels. Everyone needs to take responsibility for this. Parents, schools and the society as a whole,” said Aneesa, recipient of this years’ US State Secretary’s Women of Courage Award.

Young girls and boys need to be educated about their responsibilities, and given means to guard their bodies and dignity, she added.

Before assuming office as Health Minister, Dr Ahmed Jamsheed, the former Director General of the CCHDC, also publicly stated his support for sex education in schools.

In a blog entry in 2010, he wrote that broader reproductive health should be taught in the schools, either incorporated to the curriculum or as a separate programme.

He wrote: “I believe that we should introduce a comprehensive sex education programme in an appropriate manner in the school. I understand that this is a sensitive terminology with a lot of misunderstanding and misconceptions associated with it. But such a programme would address vital reproductive health issues including abstinence, medically accurate and age/developmentally appropriate information about sexuality.”

Such a programme, he said, should include information on relationship, emotional relations, reproductive rights and responsibilities, decision-making, assertiveness, and skill building; empowering and enabling the youth to resist social or peer pressure and become responsible citizens with safer and healthier behaviors.

“Children should also be taught building their skills on avoiding experimentation on risky and harmful habits like smoking, using drugs, etc. I believe there is no better time to start interventions than in primary education and gradually go along the academic ladder in an age and culturally appropriate and sensitive manner.” he explained.

In the same post,Dr Jamsheed also called for all barriers to access contraceptives be removed: “I understand that some people would condemn this opinion, arguing that this will promote unlawful and out of wedlock sex. However, I don’t believe that the availability or non-availability of condom or contraceptives would ever be a factor determining whether two people who want to have sex will have it or not.”

However, since taking office Dr Jamsheed has not introduced any explicit policies on addressing the sexual health epidemic. “I will talk on the issue later”, he recently told Minivan News.

Minivan News meanwhile wrote  two months ago to the Education Ministry requesting it clarify the ministry’s stand on expanding sex education in schools under the ongoing curriculum review, but it had not responded at time of press.

However an official from the curriculum development unit anonymously confirmed that “every time sex education topic is raised in review meetings, some conservative individuals are blocking it, saying such a measure would increase promiscuity.”

UNFPA Assistant Representative Shadiya Ibrahim however argued that “sex education does not increase promiscuity”. Of 68 studies on family life and sex education in a scientific review, she observed, 65 studies found no associated increases in sexual behavior.

“Young people taking part in such programs had higher levels of abstinence, later start of sexual activity, higher use of contraceptives, fewer sexual partners and/or reduced rates of STDs and unplanned pregnancy,”  Ibrahim noted.
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Court imposing 8pm-8am curfew on released protesters

The Criminal Court has released the majority of the Maldivian Democratic Party (MDP) demonstrators arrested over the weekend, on the condition they abide by an 8pm-8am curfew for one month.

The court release all but five of the 36 people arrested during demonstrations on Friday. One of the seven people arrested on Saturday has been released, while the others were yet to appear before court at time of press.

Those arrested included former Transport Minister Adil Saleem, who had his detention extended for a further five days.

Police Sub-Inspector Hassan Haneef confirmed that the 8pm to 8am curfew was being issued by the courts, but referred Minivan News to the courts when asked if this conflicted with the constitution’s provision for freedom of assembly.

“We are not trying to stop people from protesting, we have no issue with that,” he said.

One protester who was arrested on Friday afternoon and released the following day told Minivan News that the court had released him “on the condition I stay at home between 8pm-6pm, and don’t go near crowds.”

The protester said he had attended the protest on Friday after the MDP’s ‘Kula Yellow’ Facebook page claimed – incorrectly – that the protest “was being livecast by the BBC and CNN.”

He said he was watching a female protester – Laisha Abdulla – being arrested, when somebody stepped on his slipper and caused him to lose it just as police pushed the crowds back.

“I asked for my slipper back, but when I went to get it I was arrested and charged with beating police and obstructing police duty,” he claimed.

The protester was taken with a group of 17 people on a police launch to the island of Dhoonidhoo, and put in a cell with 40 people “and three toilets”.

Those arrested were given a bottle water on the way, roshi and mashuni for Ramazan breakfast, and juice and fishcakes two hours later. At midnight they were given a lunch packet, three dates and a carton of Milo, he said.

“We were kept outside [the cell] until 3:30-4:00am. The next day at 1:30pm we were brought to court handcuffed,” he said. “The police were saying things like ‘Where’s your Twitter now?’, and saying that it would be another 30 years before [Nasheed] was able to return to power.”

Of the group arrest, 5-6 were detaining for a further five days – including Adil Saleem.

“I saw him in prison. He had an IV drip in his arm, and said he had internal bleeding after being hit in the stomach with a police radio,” the protester said.

One demonstrator was detained for a further 15 days “for apparently beating the Deputy Police Commissioner.”

While inside, the protester said he met a person who had been accused by police of throwing rocks at the government-aligned VTV television station in April.

“He asked for help as he’d been in there for five months with no court order or sentence,” the protester said.

Police Spokesperson Haneef denied knowledge of such a case, and said that all such allegations “should be brought to the Human Rights Commission of the Maldives (HRCM) or the Police Integrity Commission (PIC). We are following police procedures and the constitution.”

Maldivian Democratic Party (MDP) Youth Wing President Shauna Aminath, who was arrested and released the previous week, was given similar orders by the court not to attend protests for a month.

“Police came into a peaceful crowd [on July 13] and pulled me out,” she told Minivan News. “Mariyam Mohamed grabbed my hand and held on. We were both arrested.”

On the charge sheet, police accused her of moving police barricades, crossing the barricades, disrupting police duty, using foul language towards police, and inciting other people to disrupt the peace in the area, she said.

They confiscated her cell phone, and made her to do a drug test: “I said I had not been arrested for a drug offence, but anyway I did it.”

Those arrested for demonstrating were put into the same cell as “murderers, prostitutes and drug dealers”, she said. “I don’t go to protests to be arrested – it is a nuisance, I have work to do. The police and government are using the courts to intimidate pro-democracy demonstrators.”
Home Minister Mohamed Jameel has meanwhile called on demonstrators to use the country’s independent institutions rather than take to the streets and demonstrate.

“It will have long term effects on the Maldives’ economy, because there is a possibility that tourists may decide that the Maldives is no longer safe and peaceful,” Jameel told local newspaper Haveeru.

“The people during former President Mohamed Nasheed’s tenure took to the streets after the situation became really dire. But attempts were made to seek solutions from the relevant institutions,” he claimed.

Laisha Abdulla’s arrest on Friday:

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Bodyguards did not see Nasheed pepper-sprayed: police

Former President Mohamed Nasheed’s bodyguards told an inquiry that they did not see police pepper spraying Nasheed’s face, police have said.

Police questioned the Maldives National Defence Force (MNDF) Special Protection Group (SPG) bodyguards assigned to Nasheed, after the media publicised video footage of a police officer pepper spraying Nasheed’s face while he was with a group of Maldivian Democratic Party (MDP) supporters at a protest.

In a statement issued on Thursday, police said that Nasheed’s bodyguards said that while they were aware pepper spray was being used in the area, they could not identity the officer using it.

Police said officers that working that night to control the protest were also questioned, and said they had used pepper spray after protesters moved inside the cordoned area and refused to move back after police advised the protesters to do so.

Police said they did not spray at any individual, and that the pepper spray was targeted at the crowed, the police statement said.

In an earlier statement police strongly denied the MDP allegations of directly pepper spraying people at close range, and urged the party to “publish statements responsibly”.

In the statement, police admitted using the spray to control the crowd during their recovery of barricades removed by the demonstrators, but denied intentionally targeting the former President.

The Human Rights Commission of Maldives (HRCM) has recently said they will investigate the issue, although no one had formally filed the case in the commission.

The MDP’s Parliamentary group leader, MP Ibrahim Mohamed ‘Ibu’ Solih, has said that the party would submit the issue to parliament’s National Security Committee.

Last week the UN Office of the High Commissioner for Human Rights has expressed concern over violent protests and use of “excessive force” against demonstrators.

At a press briefing last TuesdayTuesday, Spokesperson for High Commissioner Navi Pillay, Rupert Colville, observed that “instances of apparent brutality have been captured on camera. These include the seemingly deliberate and uncalled-for use of some kind of spray on former President [Mohamed] Nasheed, and the driving of police vehicles at high speed into crowds of protesters.”

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“Just 300 police and military officers sustaining regime”: former President Nasheed

Ousted President Mohamed Nasheed last night claimed that only 300 police and military officials were keeping the “coup government” of President Mohamed Waheed Hassan from falling apart.

Nasheed made the remarks during a ceremony held last night on Male’ City Council hall to release a report on the findings of the controversial transfer of power on February 7, produced by a team of Danish legal experts from University of Copenhagen, and a book about the event written in Dhivehi by Ali Moosa Didi.

Nasheed stated that there were “lots of measures” taken to ensure that the “illegitimate” government remained in power, and that the 300 officers were playing a pivotal role in the process.

“300 police and military officers are responsible for undermining the public interest of the entire country, and following that coup, a lot of measures and efforts are being carried out to ensure the survival of the coup regime, and these 300 officers are playing a pivotal role in it,” he said.

He also claimed that in the course of these efforts, police brutality and state sponsored torture had shown an “alarming” increase.

Nasheed also reiterated that his Maldivian Democratic Party (MDP) had “not run out of options”, adding that its core identity was built on “not backing down”.

Nasheed said the party could “advocate and negotiate”, but said the most effective way to bring about early elections and restore the country’s democratic legitimacy was through continued “direct action”.

“Direct action”

During the last two weeks, the MDP has been carrying out what it has called “direct action” protests.

While the opposition party contends that its protests have been “largely peaceful”, the ongoing demonstrations have at times turned into violent clashes with police. This violence has led to allegations of police brutality against demonstrators, and counter claims of protesters attacking reporters and security forces.

The MDP stated that it expected its protests, stated to continue until the present government of President Waheed “topples” would continue indefinitely. The MDP alleged that the Waheed administration came to power in February 7, through a “coup d’etat” and therefore had no legitimacy.

Party MP and Spokesperson Hamid Abdul Ghafoor who is currently under arrest following the protests at the time claimed that the MDP was committed to managing “peaceful, disciplined” protests, though he accepted that violent confrontations appeared to be increasing between police and protesters.

He alleged that this violence was a result of law enforcement officials increasingly showing a “lack of discipline” on their part.

The Maldives Police Service has contended that it continues to use “minimum force” to protect its officers during the demonstrations.

Conversely, while police have said that none of its officers were hurt in the last 24 hours, there have been serious and minor injuries sustained by police during attacks by individuals suspected of being affiliated with anti-government demonstrators.

On July 12, an attack near Dhilbahaaru Magu in Male’ required one officer to fly to Sri Lanka for treatment for head injuries received from an assault with a pavement brick.

Minivan News has observed protests in recent weeks switching from heckling and mocking of officers at police barricades to violent confrontations as police have charged through protest lines, while demonstrators themselves have broken through barricades to confront police.

Police have come under particular criticism by the MDP for using pepper spray directly in the faces of protesters – an accusation denied by law enforcement authorities.

“Maldives Police did not use any excessive force nor was pepper spray directed to anyone’s face,” police said in a statement at the time.

However a video released of the incident showed a riot police officer reaching over a crowd of people surrounding Nasheed and spraying him in the face. Nasheed turns away as the spray hits him, and is taken away by his supporters, but later returned to the protest.

In this environment, the government has itself called for “calm”, urging all political leaders to abandon the street protests, which have attracted international attention over the last few weeks, and sit down for “sincere dialogue”.

Minivan News tried contacting Presidents Office Spokesperson Abbas Adil Riza, but did not respond at time of press.

EU Concern

Meanwhile the EU has slammed an “escalation of political tension and violent protests” in the Maldives as police confirmed that 50 people – including a former cabinet minister – were arrested during the last two days during anti-government demonstrations.

However, with the arrest of 32 demonstrators in the last 24 hours, as well as a government decision to clear the MDP’s Usfasgandu protest site by July 30, some opposition figures have claimed the tension will likely intensify further.

Spokesperson for Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy, said there remained “deep concern” in Europe over the political unrest in the Maldives.

“The High Representative is convinced that continued political unrest, heavy-handed responses by security forces, and charges filed against political leaders will only lead to further deterioration of the political climate in the country and will adversely affect the lives of all Maldivian citizens,” stated the EU.

“The High Representative acknowledges the efforts of the Commonwealth Special Envoy, Sir Don McKinnon, to strengthen the Maldives Commission of National Inquiry (CNI) whose purpose it is to establish an objective account of the events which led to the resignation of President Nasheed and the transfer of power to the present Government on 7 February 2012. She appeals to all parties to refrain from any actions that could jeopardise completion of the Commission of National Inquiry’s work, including legal action against political leaders”.

The calls followed a statement released by the Commonwealth this week urging all parties to show “restraint and restore calm” as initiatives like the reconstituted Commission of National Inquiry (CNI).  The CNI, expected to be completed by next month, was  established to ascertain the truth between February’s controversial transfer of power.

In a statement released Tuesday (July 17), Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Donald McKinnon called for dialogue among political leaders, urging all parties to show “restraint and restore calm.”

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EU concerned over escalating “political tension” while MDP commits to “direct action”

The EU has slammed an “escalation of political tension and violent protests” in the Maldives as police confirmed that 50 people – including a former cabinet minister – were arrested during the last two days during anti-government demonstrations.

However, with the arrest of 32 demonstrators in the last 24 hours, as well as a government decision to clear the MDP’s Usfasgandu protest site by July 30, some opposition figures have claimed the tension will likely intensify further.

Spokesperson for Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy, has said there remained “deep concern” in Europe over the political unrest in the Maldives.

“The High Representative is convinced that continued political unrest, heavy-handed responses by security forces, and charges filed against political leaders will only lead to further deterioration of the political climate in the country and will adversely affect the lives of all Maldivian citizens,” stated the EU.

“The High Representative acknowledges the efforts of the Commonwealth Special Envoy, Sir Don McKinnon, to strengthen the Maldives Commission of National Inquiry (CNI) whose purpose it is to establish an objective account of the events which led to the resignation of President Nasheed and the transfer of power to the present Government on 7 February 2012. She appeals to all parties to refrain from any actions that could jeopardise completion of the Commission of National Inquiry’s work, including legal action against political leaders”.

The calls followed a statement released by the Commonwealth this week urging all parties to show “restraint and restore calm” as initiatives like the reconstituted Commission of National Inquiry (CNI).  The CNI, expected to be completed by next month, was  established to ascertain the truth between February’s controversial transfer of power.

In a statement released Tuesday (July 17), Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Donald McKinnon called for dialogue among political leaders, urging all parties to show “restraint and restore calm.”

“Direct action”

During the last two weeks, the MDP has been carrying out what it has called “direct action” protests.

While the opposition party has continued to contend that its protests have been “largely peaceful”, the ongoing demonstrations have at times broken out into violent clashes. This violence has led to allegations of police brutality against demonstrators, and counter claims of protesters attacking reporters and security forces.

The MDP today said it expected its protests, stated to continue until the present government of Dr Mohamed Waheed Hassan “topples” would continue indefinitely. The MDP alleges that the Waheed administration came to power in February through a “coup d’etat” and therefore had no legitimacy.

Party MP and Spokesperson Hamid Abdul Ghafoor claimed that the MDP was committed to managing “peaceful, disciplined” protests, though he accepted that violent confrontations appeared to be increasing between police and protesters. He alleged that this violence was a result of law enforcement officials increasingly showing a “lack of discipline” on their part.

The Maldives Police Service has contended that to continues to use “minimum force” to protect its officers during the demonstrations.

Conversely, while police have said that none of its officers were hurt in the last 24 hours – there have been serious and minor injuries sustained by police during attacks by individuals suspected of being affiliated with anti-government demonstrators.

On July 12, an attack around Dhilbahaaru Magu in Male’ saw one officer having to fly to Sri Lanka for treatment for head injuries received from an assault with a pavement brick.

Minivan News has observed protests in recent weeks switching from heckling and mocking of officers at police barricades to violent confrontations as police have charged through protests lines, and demonstrators themselves broke through barricades to confront police.

Police have come under particular criticism by the MDP for using pepper spray directly in the faces of protesters – an accusation denied by law enforcement authorities.

“Maldives Police did not use any excessive force nor was pepper spray directed to anyone’s face,” police said in a statement at the time.

However a video released of the incident showed a riot police officer reaching over a crowd of people surrounding Nasheed and spraying him in the face. Nasheed turns away as the spray hits him, and is taken away by his supporters, but later returned to the protest.

In this environment, the government has itself called for “calm”, urging all political leaders to abandon the street protests, which have attracted international attention over the last few weeks, and sit down for “sincere dialogue”.

President’s Office Spokesperson Abbas Adil Riza was not responding at time of press.

Amid the calls for an end to protests and fresh talks, the Ministry of Housing has issued an ultimatum for the MDP to vacate the Usfasgandu protest area in the next nine days.

Housing Minister Dr Mohamed Muiz claimed the decision to evict the MD from the site was not linked to the current anti-government protests, but rather a reaction to how the opposition had used their land for partisan purposes.

Muiz told Minivan News that the land, which had controversially been leased to the MDP Male’ City Council, an elected body with a majority representation for the opposition party, belonged to the government.

“As far as I’m concerned there is no doubt of the legality [of clearing the site],” he said.

Amidst the current political tension in the capital, Dr Muiz said that the timing of the decision had “nothing to do” with continued protests being carried out by the party.

“We have already handed in our development plans for the area,” he said. “There is a clear mandate of what should have been developed on [Usfasgandu]. The MDP have ignored these rules and have developed it into their own party property.”

MDP MP Ghafoor responded that “there was no doubt” that the Housing Ministry’s decision was in retaliation for continuing its protests in the capital.

“Judging from the current mood of the people, the [housing] minister’s threats will be taken as irrelevant now. People just aren’t listening any more to what they see as a coup government,” he claimed.

Ghafoor also alleged that all ministers aligned with the present government were viewed as having no legitimacy among MDP members, from the State Islamic minister up to President Waheed himself.

However, with international organisations including the UN, the EU and the Commonwealth all calling on politicians to adhere to a peaceful resolution to the nation’s political upheaval, Ghafoor said that protests would continue as previously pledged by the party.

“I do not think the issue here is whether our protests are sustainable, it is more about the fact the whole political situation in this country unsustainable,” he claimed.

Despite the alleged incidence of violence linked to police and protesters alike, Ghafoor contended that the MDP remained committed to “disciplined, peaceful” protests.

“As long as the party keeps the foresight to try and manage protests, we are trying to channel the energy and dissatisfaction of people into something more positive,” he claimed.

Ghafoor conceded that it was apparent that protests were becoming more violent as peoples’ frustrations grew, a sign he claimed that was reflected in the amount of footage and photos of protests that were being found on social media sites like Facebook depicting alleged acts of violence by authorities.

“I think that protests show a direct correlation between the level of oppression and the resultant uprisings,” he added. “If you look at Bahrain , they have lived with repression all their lives, so have we. But we are seeing the kids coming out on the streets to show their anger,” he said.

Ghafoor alleged that police were failing to keep control of the present situation and may be turning to young inexperienced officers to try and control it.

Arrests

More than 50 people are believed to have been arrested during two nights of protests in the capital – 22 were said to have been arrested in the early hours of Friday (July 20) morning, the first day of Ramazan.

Among those arrested were former Transport Minister Adil Saleem, who was detained on Thursday evening but later released under house arrest, according to the MDP.

The MDP also alleged that Saleem had sustained “abdominal injuries” during his arrest as a result of “excessive force” used to detain him by police. Ghafoor claimed that Saleem was eventually taken to Hulhumale’ hospital for treatment, though was advised that he should be transferred to Indira Gandhi Memorial Hosptial (IGMH) in Male’. Police were then reported to have opted against returning the former minister to the capital.

The MDP has also claimed that the protesters who had been arrested were not given food during breakfast whilst being held.

“Legal necessities”

In response to the 32 people confirmed to have been arrested following this morning’s protests, police claimed that detentions were made after repeated warnings to not to cross the police lines and to not to obstruct police duty.

“The protesters who came into the ‘no protesting zone’ claimed that they were there to call for early elections and voice against the government. But the protesters that came into this zone had resorted to using foul language and harassment to the police officers” read the statement.

Following the confrontations, those that were arrested were given the opportunity to breakfast and all other legal necessities were provided to them, according to police.

Among the legal necessities provided to the arrestees were, having a medical check up to see if there is any sort of physical harm caused to the arrestee and providing the opportunity to seek assistance of a legal counsel. The families of the arrested were also contacted.

Police have claimed that among 32 arrested, four were tested positive for drugs. Those tested positive were Ismail Abdulla, Mohamed Sabah, Aishath Laisha Abdullah and Hussain Mufeedh, police said.

Police claimed that Aishath Laisha was the only female arrested in today’s protests.

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Comment: Need for a domestic legislation on peaceful assembly

Police-public clashes have once again occupied centre stage in the Maldives. Over 100 people are believed to have been arrested in the ‘direct action’ protests organised by the opposition Maldivian Democratic Party (MDP) since 8 July. Several reports of police brutality and excesses have once again come to the fore.

The police authorities allege that the ongoing protests are not peaceful gatherings as many demonstrators attacked policemen and carried out other criminal offences too. MDP meanwhile maintains that the protests themselves are “largely peaceful” and that the police are carrying out discriminatory attacks against its MPs, journalists and harassing and intimidating the protestors.

Whether the police exercised their discretion to use force appropriately and in due consideration with the constitutionally-guaranteed right to assemble needs to be seen against the existing laws and procedures regarding peaceful assembly in the country.

The freedom to assemble peacefully has been guaranteed as a fundamental right under Article 32 of the 2008 national constitution. Notably, the right has been guaranteed to all and does not require prior permission of the stat

e. However, this is in contradiction to the domestic “regulations on assembly” which were drafted in April 2006, and later ratified under the General Regulations Act 2008. The regulations required three organisers of public assemblies to submit a written form 14 days prior to the gathering to the Maldives police. Only in April 2012 did the High Court struck down this requirement (among others) as being unconstitutional. The Court also struck down the police authority to deny permission, upholding thereby the principle that the police role is simply to facilitate peaceful assembly.

Despite the frequency of public protests particularly since the democratic transition of the country in October 2008, it is surprising that the government has so far not amended the regulations in tune with the constitutional safeguards. The continuing discrepancy between the two suggests that police powers during public protests remain ambiguous, and that the constitutional safeguards against restriction of the right (Article 32) as well as protection of right to life (Article 21) and prohibition of torture (Article 54) are unlikely to be reflected in their behaviour.

Against this, the police are free to use their discretion on the amount of force necessary in such situations. Their discretion has been found to be excessive in the past.

For instance, the Human Rights Commission of the Maldives’s (HRCM) investigation into the police action in controlling the MDP protests on 8 February 2012 was found to be excessive and unnecessary. The HRCM noted that the level of threat posed by the protestors was disproportionate to the force used under Article 14 of the Police Act according to which police may use amount of force necessary to ensure compliance of its lawful orders. It was also noted that the police did not follow properly the protocol as laid down in Regulation on Use of Force and Firearms. Against the requirement, protestors were not given sufficient warning before force and weapons were used to disperse the crowd.

All this suggests an urgent need for domestic legislation on peaceful assemblies, one that can strike a balance between protecting individual rights and ensuring public safety. Such a legislation must provide a clear definition of the term peaceful assembly, the kinds of public gatherings that are covered under peaceful assembly, procedure for conducting/organising a peaceful assembly, rights and duties of organizers of such public events, rights and duties of participants of a public assembly, duties of the police including bases on which the police might disrupt or terminate a public assembly and liability in case of any violations of the law.

Such a legislation should be governed by three key principles, as enunciated in the OSCE Guidelines on Freedom of Peaceful Assembly and endorsed by the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Maina Kiai in his report (21 May 2012), considered as best practice vis-à-vis regulation of public assembly – presumption in favour of holding assemblies, state’s duty to protect peaceful assemblies, and proportionality.

Together, these impose a positive duty on the state to put in place adequate mechanisms and procedures to ensure that this freedom is enjoyed in practice. This means that any restrictions placed in the interest of public safety must not impair the essence of the right. In this regard, best practice is considered to be one that discourages seeking prior authorisation for holding a gathering, and one that avoids blanket time and location prohibitions, for instance.

This also entails a duty on the state to train law enforcement officials appropriately in policing public assembly with an emphasis on protection of human rights. The Special Rapporteur notes that the pretext of public security cannot be invoked to violate the right to life, and that any resort to physical means must be rational and proportional. Crucially, it is the responsibility of the national authorities to support any claim of proportionality by relevant facts and not merely suspicion or presumptions.

Lastly, an important best practice emerging in the field of public assembly is allowing human rights defenders to monitor public assemblies. For instance, the London Metropolitan Police invited Liberty, an independent human rights organisation, to act as independent observers while policing a Trades Union Congress march in London in 2010. Such monitoring may itself deter human rights violations, and crucially, make it easier to establish facts amidst allegations and counter-allegations, as is currently underway in the Maldives. This further places an obligation on the state to undertake capacity building activities for the benefit of NGOs and human rights defenders to monitor assemblies.

The right to freedom of assembly is an essential component of democracy that facilitates political mobilization and participation. States have an obligation towards creating an environment conducive for the exercise and enjoyment of this right. A domestic legislation incorporating clear definitions and best standards is the first step towards fulfilling that obligation, and an urgent need in the Maldives frequently disrupted by public protests.

Devyani Srivastava is a Consultant for the Police Reforms Programme (South Asia) of the Commonwealth Human Rights Initiative

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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MDP votes to boycott elections if Nasheed barred from running

The Maldivian Democratic Party (MDP)’s National Council has unanimously decided to boycott presidential elections if a court ruling bars former President Mohamed Nasheed from competing.

Nasheed was elected the party’s presidential candidate following the results of internal elections held last month.

Despite being the party’s sole candidate, following the final count of the 258 ballot boxes Nasheed recorded 31,798 votes in favour to 269 against his being the party’s presidential candidate, after more than two-thirds of the party’s membership turned out to vote.

The MDP’s current membership stands at 48,181 according the Election Commission (EC)’s figures, giving it the largest membership of any party in the country.

However, earlier this week the Prosecutor General forwarded a case against the former President to the Hulhumale magistrate court, concerning his detention of Chief Criminal Court Judge Abdulla Mohamed during his final days in office.  Nasheed’s government had accused the judge of “taking the entire criminal justice system in his fist”.

If sentenced, Nasheed would potentially be barred from competing in a presidential election.  The matter appears temporarily stalled after the Hulhumale Court yesterday rejected the case as falling outside its jurisdiction, returning it the Prosecutor General.

“This is our candidate, and if they are going to stop him from seeking election, then we are not going to play by their rules,” said MDP Spokesperson Hamid Abdul Ghafoor.

“We have experienced 30 years under [former President Maumoon Abdul Gayoom]. His trials have always been politically motivated, and this is a politically motivated trial”, he aded.

“The MDP votes that elected Nasheed [as its presidential candidate] represent twice the registration of the entire Progressive Party of the Maldives (PPM), and more than 4000 votes than the total membership of the Dhivehi Rayithunge Party (DRP),” Ghafoor noted.

“Gayoom is on the back foot. The moment Gayoom said he would not attend talks to negotiate, he isolated himself. His rhetoric and utterances about leaving the Commonwealth are not understood by the democratic international community – we see this man going against the majority. We will not stop seeking early elections, and will continue direct action.”

President’s Office Spokesperson Abbas Adil Riza said he felt the issue was an “internal matter for the MDP. It is not for the government to comment.”

“I don’t think affect it will affect the legitimacy of the elections,” he said. “Without a congress the decisions of the MDP National Council do not reflect the will of the party’s members.”

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Hanaa and Murrath sentenced to death for Najeeb’s murder

The young couple charged with the murder of lawyer Ahmed Najeeb were on Thursday sentenced to death by the Criminal Court.

However the government said it expects both verdicts to be commuted to life imprisonment pending the outcome of a cabinet consultation.

Ahmed Murrath, 29, and his girlfriend Fathimath Hana, 18, were arrested and charged with Najeeb’s murder after his body was discovered by police at Maafanu Masroora house, (Murrath’s residence) in early evening of July 1. The body was stuffed inside a dustbin, badly beaten up and with multiple stab wounds.

The judge noted that the decision for death penalty comes following the pair’s confession in court and the statement from all eight heirs of Najeeb requesting for qisas (equal retaliation) – the death penalty – instead of accepting the alternative, blood money.

Murrath, who has previous criminal records, confessed to killing Najeeb out of anger and under the influence of drugs, alleging  the lawyer attempted to sexually assault his 18 year-old girlfriend while he was at Masroora House.

The court heard that Najeeb visited Masroora House on June 30 to provide legal counsel on a case related to cash missing from Murrath’s mother’s account and the issue of dividing the house.

Murrath said that he tied Najeeb to a chair, gagged him and taped his hands, feet and face while threatening him with a four-inch knife he brought from the kitchen. He said that his girlfriend Hanaa had no role in it and was sleeping while he killed the lawyer between 6:00am and 7:00am during the morning of July 1.

Hanaa however had confessed in court of “helping” to tape and bind the victim to the chair. She did not confess to killing him and said at the time she was sleeping, intoxicated from drinking alcohol.

The judge however noted that the confessions given by Hanaa and Murrath to the police investigators reveal that the pair together schemed to suffocate the victim to death irrespective of whether he had sexually assaulted her or not, because they wanted to steal money from him.

Even though Hanaa had not confessed to killing Najeeb, the judge concluded that she has to bear full responsibility for the murder as Najeeb was incapacitated from defending his life because she helped bind him to the chair.

This is the first conviction for the teenage girl from Rihaab house in Goidshoo island of Shaviyani Atoll, while it is the 15th criminal offense proved against her boyfriend. He has a 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

He was released last year under the government’s Second Chance program for drug offenders.  The programme was recently criticised by Home Minister Dr Ahmed Jameel over claims that it released prisoners, held in certain cases for committing serious crimes, for political purposes.

Commuted sentence

In addressing the sentences given to the pair by the court, the government said today that President Dr Mohamed Waheed Hassan would be consulting with his cabinet and Attorney General Aishath Azima Shakoor over the verdicts. In previous cases where the death sentence had been favoured by the country’s courts over the past 60 years, the state has itself intervened to commute such verdicts to life imprisonment (25 years) instead.

President’s Office Spokesperson Abbas Adil Riza said that while consultations on the matter would be held, he did not expect a “departure” from the long-standing state policy of commuting death sentences to life imprisonment.

“There has been pressure from certain groups to uphold death sentences, but I do not think these calls are in line with the will of the Maldivian people,” he said. “The president will also have to look into our obligations under the various international treaties we have signed.”

Just this week, the UN Human Rights Committee (UNHRC) asked the Maldivian state to enact legislation to officially abolish the death penalty as part of a wider review of human rights commitments in the nation.

“The state itself has admitted that capital punishment does not deter crime,” the statement noted.

Parliament review

Despite such calls by organisations like the UNHRC, a motion related to the death penalty is currently being reviewed by the parliament which, if passed, will make the enforcement of the capital punishment mandatory in the event it is upheld by the Supreme Court, halting the current practice of the President commuting such sentences to life imprisonment.

Earlier this month, Chief Justice Ahmed Faiz said the death penalty could be executed within the existing justice system of the Maldives.

Following the murder of Najeeb, the chief justice told local media that Maldives legal system, being based on  Islamic Sharia, allows the death penalty to be implemented.

Following Najeeb’s murder – the seventh  homicide recorded this year alone – Home Minister Jameel and Attorney General Aishath Azima Shakoor, as well as and other prominent lawyers and lawmakers, have publicly endorsed their support for implementing capital punishment to deter increasing crime rates.

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