Day: September 2, 2012

“I am very sceptical of the burden we will have to carry”: PIC chair

Chair of the Police Integrity Commission (PIC) Shahinda Ismail has said she is “very sceptical of the burden” the institution will have to carry following the publication last week of the Commission of National Inquiry’s (CNI) findings.

The comments were made after Minister of Home Affairs Dr Mohamed Jameel Ahmed yesterday said that the PIC would be tasked with investigating breaches of police conduct outlined in the CNI’s findings.

Of primary concern to Shahinda was the CNI’s lack of clarity regarding the cases the PIC was to investigate, as well as loopholes within the Police Act which made it difficult to implement PIC recommendations.

“After the CNI, it’s quite confusing when they have so vaguely blanketed the actions of the police. It would have been clearer to name specific incidents or policemen,” she said

Shahinda has questioned the ability of the PIC to follow through with this mandate after having had almost no contact with, or instruction from, the now-disbanded CNI.

“I was surprised at the dismantling of the CNI. There surely must be further questions from many people,” she said.

“After the Human Rights Commission (HRCM) completed their investigations, they sent a letter to us [to guide our work]. We would like something similar from the CNI,” she said.

Shahinda revealed that, throughout both versions of the CNI, the PIC had only had one meeting and received one letter from the commission.

The meeting involved mainly introductions and talk of future co-operation, whilst the letter from the CNI to the PIC asked only when its investigations into the events of February would be completed, she explained.

Referring to the CNI’s recommendations that the PIC, amongst other institutions, needed to be strengthened, Shahinda responded:

“My question would be – while I don’t claim the PIC is perfect – what information are they working with? Throughout their investigations, they showed no interest. There was no inquiry about specific incidents. To my knowledge, no one was summoned.”

Shahinda explained that the PIC was already investigating a number of incidents relating to February 7 and 8, making the lack of contact doubly confusing.

“They knew we were already investigating specific incidents – that’s what we do,” she said.

Shahinda also outlined what she saw as the weaknesses within the police act that, in certain cases, had allowed the Home Minister the option of ignoring PIC recommendations.

Article 44 of the Police Act states that any parties handed recommendations by the PIC can choose not to act on them if they inform the commission of the decision in writing.

“He is not really bound by the act,” said Shahinda, before alleging that this clause had already resulted in the Home Minister ignoring recommendations forwarded to him.

The PIC chair gave the example of a case involving police officer Ali Ahmed, whom she said had been adjudged unfit to continue to serve by the commission.  Shahinda claimed the case had been forwarded to the Home Minister.

“I know for a fact he is still a policeman and was promoted after this incident” she said.

“It is really upsetting – a huge concern – for me that the police leadership is showing a trend where unlawful officers are acting with impunity. This can only lead to further violence,” added Shahinda.

Dr Jameel was not responding to calls at the time of press.

Former President Mohamed Nasheed has recently expressed his belief that around 300 members of the security services were “undermining the public interest of the entire country”.

Following the findings of the CNI’s report, which concluded that Nasheed was not removed from power in a coup, he called for legal action to be taken against implicated officers.

Nasheed’s representative on the commission Ahmed ‘Gahaa’ Saeed resigned the day before the report was published, citing – amongst other things – withheld evidence and non-examination of crucial witnesses.

The report’s findings have been welcomed by the United States, India, and the United Nations as well as the Commonwealth, although the MDP has said it will lobby for the Commonwealth Ministerial Action Group (CMAG) to reconsider.

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MDP requests PG hold prosecution of its members

Maldivian Democratic Party (MDP) Chairman ‘Reeko’ Moosa Manik today met with Prosecutor General (PG) Ahmed Muizzu to request that the prosecution of its members arrested on February 7 and 8 be delayed, http://www.haveeru.com.mv/news/44307.

Moosa told the press after his meeting that he had requested the PG await the results of investigations prompted by the recently released Commission of National Inquiry (CNI) before prosecuting the cases of over 200 MDP members.

One of the CNI’s findings was that acts of police brutality had occurred on February 6, 7 and 8 this year. Moosa asked the PG if would wait to first determine if all of his party’s members were arrested within the contours of the law.

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Immigration head calls for “clean-up” of Thilafushi over crime fears

Controller of Immigration and Emigration Dr Mohamed Ali  has said that a raid on the island of Thilafushi yesterday which uncovered 134 unregistered foreign workers reflects wider fears over criminal operations being conducted on the island.

Dr Ali told Minivan News that the group of foreign workers, mostly Bangladesh nationals, had been uncovered after the Immigration Department had made continued warnings to employers on the island to have their workers “regularised” with the correct papers by the end of August.

Beyond failing to register workers, the immigration controller said the raid reflected wider concerns over addressing potential criminal operations on Thilafushi – popularly referred to in international media as the Maldives’ ‘rubbish island’.

“Right now there are just so many issues to be addressed on Thilafushi,” he claimed. “We need to clean it up in all aspects. We believe there are a number of illegal operations there.”

According to the immigration department, these alleged activities are thought to include the  shipping of illegal goods and drugs.

Dr Ali added that the expatriate workers found without correct papers were presently being kept for processing in Male’.

“At present they’re employers are working to take them back and have them processed,” he said.

The immigration controller did not have the exact figures on the number of workers presently being kept at a centre in Male’ while their papers were undergoing processing.

“These workers are not being detained, they are being kept comfortably and fed while processing is going on,” he added.

The High Commissioner of Bangladesh, Rear Admiral Abu Saeed Mohamed Abdul Awal, said he had been aware of the raid that had taken place yesterday by the Department of Immigration and Emmigration, but was awaiting for information on the matter at the time of press.

Back in May, 47 Bangladeshi nationals working for a local security were seized by the Department of Immigration as part of a wider crackdown on illeal immigrants after being found to have been incorrectly registered in the country.

Police Spokesperson Sub-Inspector Hassan Haneef confirmed that it had worked with the Department of Immigration and Emmigration on the raid as part of a joint operation.

Haneef added that this joint operation with immigration officials would be continuing in the future, but would not be focused solely on Thilafushi

Back in July, the Maldives was included on the US State Department’s Tier Two Watch List for Human Trafficking for a third year in a row.

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Police officer kidnapped during a special operation conducted to arrest four men carrying alcohol

Police have said an officer was briefly kidnapped on Friday (August 31) during a special operation to crack down on a safari b0oat operator suspected of illegally supplying alcohol from a vessel moored in Hulhumale’ lagoon.

The special operation was conducted by the police Drug Enforcement Department (DED) following intelligence reports received by authorities that four men were allegedly unloading alcohol from a safari boat kept in the waters of Hulhumale’ to supply alcohol illegally on land.  Over 100 bottles of alcohol and forty cans of beer were later discovered during the operation, police have claimed.

Speaking to media at the Iskandar Building, DED Head Chief Inspector Ahmed Azhan said that two men from the safari boat came to Hulhumale’ jetty in a small dingy before being confronted by a police officer.  After the officer stepped onto the dingy to confront the men, the boat reportedly moved away from the jetty with the member of the police on-board.

Azhan told local press that a number of other police officers pursued the suspects in their own dingy that had been kept nearby.  Police eventually recovered the officer.

According to Azhan, officers then searched the dingy and found three bottles of alcohol inside a bag.

Police officers then went onboard the safari vessel to conduct a search that found alcohol bottles stored at different parts of the safari boat without any apparent arrangement or order.

Police said 106 bottles of alcohol and 40 cans of beer were found on the vessel once the search had been completed.

Azhan said the safari boat had the license to have alcohol on-board and noted that there were required procedures to follow for supplying such goods – procedures which the vessel’s operators had failed to maintain.

He also said that one of the four men arrested was a Maldivian male 42 years of age.  The other three individuals were all expats aged 27, 32 and 42.

Police have not so far disclosed the nationality of the expatriate workers on the boat, but said all four men were employed as staff on the safari vessel.

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Nasheed sole focus of government’s charges following CNI findings: Home Minister

Home Minister Dr Mohamed Jameel Ahmed has told local media that former President Mohamed Nasheed was the only individual the government would charge following the findings of the Commission of National Inquiry’s (CNI)’s report.

Addressing the February 8 police crackdown on demonstrators, Jameel claimed that the government had not yet been able to organise or appoint a full cabinet on the day.  He added that the police themselves were responsible for their acts at that time and any potential charges they may face over the report’s conclusions.

Dr Jameel said that the Police Integrity Commission (PIC), according to its mandate, will look into issues concerning police conduct.

The fourth key finding of the CNI report called for an investigation of acts of police brutality of February 6, 7 and 8, although this was not revealed by President Dr Mohamed Waheed Hassan during the report’s release on Thursday.

Spokesman for the Maldivian Democratic Party (MDP) Hamid Abdul Ghafoor today responded to Jameel’s comments, saying: “The people who committed these crimes are responsible for implementing the CNI. The CNI has given room for politicians to free themselves.”

Ghafoor said that the report “articulated urgency” with regards to generating confidence in the nation’s key institutions.

He also reiterated the MDP’s call for the immediate implementation of legal proceedings against those implicated in wrong doing.

During a press conference yesterday, Defence Minister Mohamed Nazim stated that he wanted to further highlight Nasheed’s “lies”.  He added that contrary to Nasheed’s claims the day before, the CNI report made no mention of any illegal actions or involvement in an alleged “coup d’etat” by the Maldives National Defence Force (MNDF).

Former President Nasheed recently suggested that a core of 300 police and military officers were “undermining the public interest of the entire country”.

Ghaoor said today that as long as these people remained in their positions, “the country will be run by a military dictatorship”, before appealing to CMAG to review the findings of the report.

“I do not believe they will leave the country at the mercy of armed forces,” said Ghafoor following the Commonwealth’s encouragement of all sides to respect the report’s findings.

Jameel yesterday indicated his belief that the CNI report relieved the current government of any further obligations to negotiate with Nasheed, regardless of any external pressure.

“No international power can coerce this government into discussions with Nasheed again. This chapter closes here,” Dr Jameel said.

Both Jameel and Attorney General (AG) Azima Shukoor went on to advise the country’s youth against backing Nasheed, calling him a “habitual liar”.

“Do you realise what sort of a man you are following? He is a habitual liar, do you understand? And what exactly do you achieve by staying behind him? You just have to keep facing police and military action, be answerable to PG and courts, and end up in jail, leaving your young wives and children behind. Is this the future you want?” Dr Jameel said.

Statements from the United States, India, the United Nations and the Commonwealth all urged continuing dialogue amongst political actors.

Nazim said that, just as he had stated prior to the release of the report, the government would not be taking any action against any MNDF officers with regard to the CNI report.

Nazim did confirm that he would be taking legal action against all persons who referred to any MNDF soldier or to himself as ‘baaghee’ (a Dhivehi word meaning: a traitor who had brought about or participated in a coup).

The executive summary of the CNI report stated that urgent reforms were needed to the “basic institutions of democratic governance” and that justice “needs to be seen to be done in order to reassure the public and inspire their confidence.”

Nazim instead focused on the report’s ruling that there had been no coup in the Maldives, and hence no one had a right to label as traitors either the soldiers or any member of the executive, including himself, who, despite having been relieved of his duties officially, had acted as a commander of the MNDF Forces on February 7 in a personal capacity.

“Because I was there in a personal capacity, President Nasheed has often named me as a man who has administered a coup. But I would like to point out that my name does not come up in the CNI report at all,” Nazim claimed.

Nazim is identified in the CNI report as one of three “critical participants” on February 7  as one of three people who – along with current Police Commissioner Abdulla Riyaz –  “had been watching what was going on at Republican Square and felt it was their moral obligation and  public duty to intervene.”

“These three men, when they arrived at Republican Square, appeared to  enjoy positive rapport with the opposition groups outside the MNDF HQ and quickly  assumed leadership roles, particularly with the police. There is no suggestion that they were appointed or given specific authority,” the report states.

Regarding a statement by the international advisers in the CNI defending the commission’s professionalism and integrity, Attorney General Shukoor said that the international community may have taken Nasheed’s nominee Ahmed Saeed (Gahaa)’s claims more seriously had he submitted a dissenting opinion instead of handing in his resignation.

The attorney general alleged that Saeed was unable to do this as he did not have enough evidence to back his claims.  She said that if anyone wished to contest the findings of CNI, they were advised to file the case in court.

Ghafoor today lamented what he saw as the failings of the CNI: “It does not seem as if [the MDP’s] troubles are over. Doesn’t look as if trouble for the country as a whole is over.”

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Hulhumale’ Magistrate Court re-accepts ex-President Nasheed’s prosecution case

Hulhumale’ Magistrate Court has decided to re-accept the prosecution case of former President Mohamed Nasheed, who has himself called for any trial against him to be expedited.

Nasheed along with former Defence Minister Tholath Ibrahim kaleyfaan and three Maldives National Defence Force (MNDF) officers are being charged for their alleged role in detaining Criminal Court Chief Judge Abdulla Mohamed.

Abdulla Mohamed, who was a central figure in the downfall of former President Nasheed, was brought under military detention after Nasheed’s government accused him of political bias, obstructing police, stalling cases, having links with organized 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.

The three MNDF officers facing charges are former Chief of Defense Forces Moosa Ali Jaleel, Brigadier-Retired General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad.

General Didi, who was serving as the Male’ area commander at the time of Judge Abdulla’s arrest, penned his“premature” resignation” after 32 years of service in the military upon the PG’s decision to prosecute him.

Ex-Chief of Defence Force Jaleel had also retired following the controversial transfer of power on February 7, while Colonel Ziyad has maintained he would be present in his uniform to defend himself in the court.

Initially the magistrate court refused to proceed with the trial stating that it did not have the jurisdiction to deal with such cases under the Judicature Act.

Magistrate of the court, Moosa Naseem at the time told Minivan News that they had “studied” the case and had identified that the court “did not have the jurisdiction to deal with the case” referring to article 66 of Judicature Act.

According to article 66(b) of the act, Naseem contended that the Hulhumale’-based court could only accept the case after the Chief Justice issued a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council.

Article 66(b) of the Judicature Act states that: “in accordance with section (a) of this article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.”

The Magistrate court’s decision to overturn its initial refusal follows the High Court’s invalidation of its decision, following appeals from the authorities.

In invalidating the magistrate court ruling, the High Court stated the case was based on the “unlawful detention” of a person, adding that magistrate courts in the country had the jurisdiction to proceed with such cases.

The ruling also said that as the incident occurred in Male’ area, the Hulhumale’ Magistrate Court again had the jurisdiction to proceed with the case.

An official from the Prosecutor General’s Office told Minivan News today that the case was submitted yesterday afternoon along with that of the other MNDF officers.

The Judicial Administration department today announced that the hearings of the case will be conducted in the Justice Building, located in Male’.

An official from the department told local media that the decision was made after considering the fact that holding the trials in the Justice Building would ease the administrative process and that the facilities available would also be an advantage.

“The trials will proceed at the hall in the ground floor of the building,” he added.

The letter

Following High Court’s decision, ex-President Nasheed stated in a press conference held last Friday that he had sent a letter requesting the Hulhumale’ Magistrate Court to expedite the case.

Initially, the magistrate court denied the receipt of Nasheed’s letter but later in a press statement acknowledged the reception of the letter and stated that steps were being taken to commence the trial as soon as possible.

Nasheed maintained that he is willing to be present at court to defend his decision to arrest the Judge, reiterating that if he should return to power again, he would still do the same, alleging that Judge Abdulla was central to the flawed criminal justice system of the country.

In April, Nasheed told the UK’s Guardian that he did not like arresting a judge, but he “just couldn’t let him [Abdulla Mohamed] sit on the bench.”

“There is a huge lack of confidence in the judiciary, and I had to do something and the constitution calls upon me to do that. It’s not a nice thing to do. And it’s not a thing that I would want to do. And it’s not a thing that I liked doing. But it had to be done,” he added.

Nasheed, who is also now the presidential candidate of the opposition Maldivian Democratic Party (MDP), stands charged with violating Article 81 of the Penal Code, which states that the detention of a government employee who has not been found guilty of a crime is illegal.

If found guilty, Nasheed and Tholhath will face a jail sentence or banishment for three years or a Rf 3000 fine (US$193.5), a sentence that would bar him from contesting the elections.

The opposition MDP has claimed that the case is politically motivated by Nasheed’s opponents in an attempt to bar him from running for future elections.

Home Minister Mohamed Jameel in a post on social media service Twitter has said the “historic criminal trial” is the “first step towards the national healing process.”

Meanwhile, the MDP claimed it expects the trial – whether in Hulhumale’ or another court – to go ahead regardless of legality.  The party has alleged the case serves solely as a mean to convict the former president and potentially prevent him from contesting in the next presidential election.

MDP Spokesperson MP Imthiyaz Fahmy did not respond to calls at time of press.

The Arrest

The chief judge was detained by the military, after he had opened the court to order the immediate release of the current Home Minister and deputy leader of the Dhivehi Quamee Party Mohamed Jameel Ahmed.

Jameel was arrested after President’s Office requested an investigation into “slanderous” allegations he made that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

The judge’s whereabouts were not revealed until January 18.

As Judge Abdulla continued to be held, Prosecutor General (PG) Ahmed Muizz later joined the High Court and Supreme Court in condemning the MNDF’s role in the arrest, requesting that the judge be released.

The police are required to go through the Prosecutor General’s (PG) Office to obtain an arrest warrant from the High Court, Muizz said, claiming the MNDF and Nasheed’s administration “haven’t followed the procedures, and the authorities are in breach of law.They could be charged with contempt of the courts.”

He then ordered the Human Rights Commission of the Maldives (HRCM) to investigate the matter.

Judge Abdulla’s arrest sparked three weeks of anti-government protests, beginning in January, while the government appealed for assistance from the Commonwealth and UN to reform the judiciary.

As protests escalated, elements of the police and military mutinied on February 7, alleging Nasheed’s orders to arrest the judge were unlawful. A Commonwealth legal delegation had landed in the capital only days earlier.

Nasheed publicly resigned the same day, but later said he was forced to do so “under duress” in a coup d’état. Nasheed’s Maldivian Democratic Party (MDP) has taken to the streets in recent months calling for an early election.

Judge Abdulla was released on the evening of February 7, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, after international concern quickly mounted.

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The Maldives’ foreign relations and the CNI

“It was just a week ago that Maldivian President Dr Mohamed Waheed was in Colombo, meeting diplomats, businesspeople and the media on a mission to strengthen the existing friendly relations between Sri Lanka and the Maldives,” writes Lasanda Kurukulasuriya for Sri Lanka’s Sunday Times.

“The visit came just days ahead of the release of a report by a commission appointed to investigate the controversial circumstances in which he, as deputy to former president Mohamed Nasheed, assumed office as President of the Maldives in February.”

“The travel destinations of the Maldivian political leaders (past and present) point to their keen awareness of the geostrategic imperatives in the region. For the small Indian Ocean archipelago these considerations dictate that the support and goodwill of its close South Asian neighbours need to be maintained, whilst simultaneously fostering good relations with China.”

“President Waheed when he visited in May sought to reassure Delhi that ‘China will not replace India.’ But the Maldives, just like others, wants to develop trade links with the economic powerhouse.”

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