Day: April 25, 2013

Flogging of 15 year-old “tip of the iceberg” of Maldives’ treatment of sex offences: Amnesty’s South Asia Director

The high-profile case of a 15 year-old girl sentenced to flogging in the Maldives after confessing to having had consensual sex is the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences, Amnesty International’s South Asia Director Polly Truscott has said.

Following a nine day visit to the country, Truscot told Minivan News that other sexual abuse victims were believed to have had suffered similar treatment under the law as a result of systematic institutional failures.

“Right now, all departments charged with the girl’s welfare are finger pointing and passing the blame,” she said. “But we have met others incarcerated in the country in similar circumstances to this girl.”

“Tip of the iceberg”

Truscott said she had identified serious concerns during her visit as to how young girls and other victims of sexual assault were being treated by authorities.

Truscott raised particular concern over the case of the 15 year-old charged with fornication, after she reportedly admitted to authorities of having “consensual sex” with an unidentified man during investigations into her alleged sexual abuse by her stepfather.

“When this alleged crime was committed, Amnesty was approached by many people asking us to look into the matter. We believes she should not be punished for sexual offences. It is questionable if the girl was also aware as to what she was consenting to,” she said.

Truscott claimed that officials involved in the girl’s care – from the law enforcement team who questioned her, to child protection authorities – had “all failed” in their duties to protect the 15 year-old.

The girl’s case has garnered international attention over the last few months, with over two million people signing a petition on the Avaaz website pledging to target the Maldives’ lucrative tourism industry in order to pressure authorities to drop the charges against the 15 year-old and pursue wider legal reforms to prevent similar cases.

Deputy Tourism Minister Mohamed Maleeh Jamal last month slammed what he called the“dubious” motivations behind the petition, alleging the campaign to be “politically motivated”.  He also noted that the Waheed administration had already appealed the case and also pledged to oversee legal reforms.

Truscott said the NGO also remained “disappointed” over a lack of progress by Maldivian authorities in addressing a lack of accountability in punishing the perpetrators of high-profile attacks on media personnel, as well as allegations of excessive police force.

Despite welcoming progress in areas such as allowing for greater media freedoms “over the last 10 years”, she yesterday (April 24) told Minivan News that the NGO continued to hold concerns over the state’s commitment to addressing several human rights issues.

At the conclusion her visit, Truscott said the NGO also held significant concerns regarding judicial independence, as well as wider institutional failures to protect rape victims.

“Enormous progress”: government

Following a meeting between Truscott and President Dr Mohamed Waheed on Wednesday, the government issued a press release stating: “Regional Director Prescott noted the enormous progress made by the Maldives in the fields of human rights, and freedom of assembly and speech.”

Truscott told Minivan News she had raised concerns during her meeting with President Waheed that not enough progress had been made to investigate allegations of “excessive force” by police officers against members of the public following the controversial transfer of power on February 7, 2012.

“I understand that a few cases have been brought forward by prosecutors, but after a year, this [amount of cases] is disappointing. I had also pressed upon the president the need to bring perpetrators to justice. There is important progress to be made here,” she said.

Media freedom

Addressing the government’s official statement on Amnesty’s findings, Truscott said the NGO believed progress had been made in some areas such as media freedom over the last 10 years.

However, she noted serious attacks over the last 12  months on media such as blogger Hillath Rasheed and reporter Ibrahim ‘Aswad’ Waheed. Both men underwent life-saving surgery after being the victims of separate violent attacks in the capital over the last 12 months.

Amnesty International also pointed to concerns over the murder of MP Dr Afrasheem Ali. Truscott said the country was yet to see any meaningful investigations into ensuring justice for the victims of the attacks.

The courts are currently hearing the cases of several suspects charged in connection to Dr Afrasheem’s murder.  Suspects have also been questioned over Aswad’s attack.

However, suspects have yet to have been charged over the attack on blogger Hilath Rasheed in July 2012, when a group of alleged Islamic radicals slashed the throat of the blogger who had been campaigning for religious tolerance.

Rasheed narrowly survived the attack and has since fled the country.

“From having walked the streets here in Male’ I have seen [security] cameras about. But action seems to have been limited,” Truscott said of the case.

Penal code

Legal reforms were another area of concern raised by Amnesty International following its Maldives visit.  Particular attention was drawn to reviews for an amended Penal Code within the country that would allow for the prosecution of offences not presently accounted for.

While at the same time addressing the government’s stated pledges to review the use of punishments such as flogging, Truscott warned against what she called a “move backwards” over the Maldives’ commitments against the use of the death penalty.

“Obviously, Amnesty International is completely against the death penalty,” she said.

Truscott claimed that the recent drafting of any new bills outlining implementation for executions, even in practice, was deemed as a human rights violation.  She said there was no research concluding that executing criminals served as an effective deterrent for serious crimes.

Truscott added that with the draft Penal Code also including provisions that would leave applying the death sentence to the discretion of an individual judge, the whole purpose of codifying laws would be undermined should the bill be passed.

She noted this was a particular concern when considering the recent findings of various international experts such as  UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul over the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she added.

Visit purpose

Truscott said that Amnesty International’s main purpose during its visit had been to meet with key state officials as well as other stakeholders.

She noted that while having met with senior officials such as the president and Gender Minister, the NGO had not been able to arrange discussions with Police Commissioner Abdulla Riyaz or Home Minister Dr Mohamed Jameel Ahmed during the visit.

Dr Jameel told Minivan News today that he had been busy at the time of Amnesty International’s request to meet, but had since requested his office to follow up and try and set up talks.

Police Spokesperson Chef Inspector Hassan Haneef was seeking clarification as to whether Commissioner Riyaz had received a request to meet the NGO at time of press.

Amnesty criticism

In September last year, Home Minister Jameel criticised Amnesty International in local media for failing to seek comment from the government when compiling a previous report on the country entitled: “The other side of Paradise: A Human Rights Crisis in the Maldives”.

“They had not sought any comments from the Maldives government. I’m extremely disappointed that a group advocating for fairness and equal treatment had released a report based on just one side of the story,” Jameel told newspaper Haveeru at the time.

Meanwhile, just last month, Human Rights Ambassador of the President’s Office “Sandhaanu” Ahmed Ibrahim Didi accused Amnesty International of “fabricating stories about the human rights situation in the Maldives” and of releasing reports about the Maldives without conducting any studies.

Truscott’s comments were made as preliminary observations following her research visit to the Maldives that commenced April 16.  The NGO has said it will be releasing an official statement on its findings later today.

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Gross state reserves to reach US$310 million by June, MMA Governor warns parliament

The head of the Maldives’ central bank, Fazeel Najeeb, has warned parliament that the country’s gross state reserves will drop to US$310 million in two months due to outstanding debts.

The statement by the governor of the Maldives Monetary Authority (MMA) follows confirmation from Finance Minister Abdulla Jihad this week that the government had suspended new development projects due to shortfalls in revenue, and was in the process of drawing up a supplementary budget.

“This is not a healthy level. The existing amount is equivalent to that needed for imports of the next two months. The best practice is to have funds for imports needed for six months,” local media reported Najeeb as telling parliament’s finance committee.

The government trying to address the problem by selling bonds to foreign countries, he said, noting that the overdrawing of the state account was “common” as a result of cash flow constraints.

He dismissed rumours that the MMA had recently frozen the state’s current account, but said there were ongoing discussions to increase the state’s overdraft limit from MVR 140 million (US$9 million) to MVR 200 million (US$13 million).

Earlier this month, India’s Financial Express publication reported that Axis Bank had initiated an arbitration process to recover US$160 million in loans granted to infrastructure developer GMR, which were guaranteed by the Finance Ministry during the former administration.

The developer was given a seven-day eviction notice late last year after the new government declared that its 25 year, $US$511 million contract to upgrade and manage Ibrahim Nasir International Airport (INIA) was ‘void ab initio’ (invalid from the start).

The Attorney General (AG’s) Office at the time denied receiving any notice of arbitration from Axis Bank.

Maldivian President Dr Mohamed Waheed meanwhile told a rally on Thulusdhoo last Saturday that there was no cause to worry about the budget or rumours of impending bankruptcy.

“The Maldivian economy is not really that bad,” he declared.

However, the president acknowledged that as a consequence of deficit spending financed by loans, the government had to spend an amount almost equal to the state’s wage bill on interest and loan repayments.

“We Maldivians are not indebted to anyone. We are proud people. We pay back what we borrow. We don’t have any outstanding payment, to any party,” Dr Waheed said in his speech, according to the President’s Office website.

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Independent MP Ali Mohamed joins MDP

Independent MP for Noonu Velidhoo Ali ‘Alibe’ Mohamed joined the opposition Maldivian Democratic Party (MDP) on Thursday, the former ruling party’s Parliamentary Group Leader MP Ibrahim ‘Ibu’ Mohamed Solih has confirmed.

Solih told newspaper Haveeru that MP Ali Mohamed’s membership form would be sent to the Elections Commission (EC) by the end of the day.

MP Ali Mohamed’s signing has given new strength to the party, Solih added, and expressed confidence that the MDP would get a majority of votes from the new MP’s constituency.

MDP won four out of five island council seats in Velidhoo in February 2011. At a recent rally on the island, a large number of youth signed for the MDP during a visit by former President Mohamed Nasheed.

Solih told Haveeru that the party was confident of winning a majority in Holhudhoo as well, the other island island in MP Ali Mohamed’s constituency.

Ali Mohamed – who is among senior MPs who chairs parliamentary sittings in the absence of both the speaker and deputy speaker – was elected to parliament on a DRP ticket.

He resigned from the party in mid-2011 and began working as an independent MP. Ali Mohamed voted with the MDP to pass the previous administration’s tax bills.

He however voted against the MDP to appoint Jumhooree Party (JP) presidential candidate and MP Gasim Ibrahim to the Judicial Service Commission (JSC).

Solih meanwhile suggested that several politicians were closely observing the changing political landscape, predicting that more MPs would join the MDP in the near future.

Ali Mohamed’s signing to MDP comes shortly after Speaker of Parliament Abdulla Shahid also made the switch from the government-aligned Dhivehi Rayyithunge Party (DRP).

Addressing MDP supporters at his first rally, Shahid said he joined the opposition to “prevent the window to democracy from being closed”.

“As our hearts yearned to stay in these gardens for good, an attempt was made to try and close this window. An attempt was made to extinguish that glow of hope in people’s hearts. It was the courageous members of MDP who obstructed the powerful forces that tried to close this window to democracy.” Shahid said during the rally held by MDP to announce his arrival.

“Today, I am here with all of you brave, steadfast warriors to prevent that window from being closed,” he added.

Earlier this month, local media speculated that a number of MPs were on their way to join the opposition, including MPs Alhan Fahmy (Independent), Abdulla Abdul Raheem (JP), Mohamed ‘Colonel’ Nasheed (DRP), Ali Azim (DRP) and Hassan Adil (JP).

Minivan News was unable to confirm the reports at time of press as none of the MPs were responding to calls.

MDP Spokesperson MP Hamid Abdul Ghafoor previously speaking to Minivan News claimed that “a re-alignment in favour of the opposition was definitely happening”.

“I can confirm for you as I am a parliamentarian myself that several parliamentary groupings who previously stood behind the old dictatorship are slowly dismantling now. They have now started to realise that backing an old dictatorship is wrong,” said Ghafoor at the time. “I can guarantee you that a re-alignment is definitely happening and dismantling of the old dictatorship is imminent.”

Ghafoor however declined to reveal any names.

Following the signing of MP Ali Mohamed and Speaker Shahid, the number of MPs representing the opposition MDP now stands at 31, eight short of a simple majority in the 77-member house.

Parliament breakdown by party (prior to rumoured defection of five DRP MPs):

MDP 31

PPM 19

DRP 10

JP 3

PA 1

DQP 1

Independent – 10

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Police search for lost 14 year-old girl

Police have commenced a search for a 14 year-old girl who was reported missing by her family on April 21.

The girl was identified as 14 year-old Mariyam Rishmee Ahmed from Hafolhu House in Villimale’.

According to police, the girl left her house at 7:00pm on 21 April and did not return.

No further information was provided in the case. Police asked that anyone with information on her whereabouts contact them or the island council.

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No US base under discussion, only joint training exercises: Defence Minister

Defence Minister Mohamed Nazim has said there is no proposal to establish a US base in the Maldives, and that a ‘Status of Forces Agreement’ (SOFA) currently under discussion only concerns joint military training exercises between the two nations.

“It is an agreement signed to carry out military training exercises with other countries. There is no proposal to establish a US military base in the Maldives. The government won’t give that opportunity to any country,” Nazim told local media.

“The US has proposed joint military training exercises with our forces. The proposal is being discussed with the relevant authorities of the Maldives. The agreement will be signed on the advice of the Attorney General,” he added

The US Embassy in Colombo has also refuted reports of a planned US military presence in the Maldives.

“There are no plans for a permanent US military presence in Maldives. SOFAs are normal practice wherever the Unites States cooperates closely with a country’s national security forces. SOFAs generally establish the framework under which US personnel operate in a country when supporting security-related activities and the United States is currently party to more than 100 agreements that may be considered a SOFA,” an Embassy spokesperson told Minivan News on Wednesday.

An apparent draft of the SOFA agreement was published by Maldivian current affairs blog DhivehiSitee on Wednesday.

The draft outlines conditions under which US personnel and civilian staff would operate in the Maldives, granting them freedom of movement and the diplomatic immunities of the Vienna Convention, authority to carry arms, use naval and aerial base facilities, and the radio spectrum. US personnel in the Maldives would be subject to US laws and exempt from paying taxes and any undergoing any form of customs inspections.

Under the proposed 10 year agreement outlined in the draft, the Maldives would moreover “furnish, without charge” to the United States unspecified “Agreed Facilities and Areas”, and “such other facilities and areas in the territory and territorial seas of the Republic of Maldives as may be provided by the Republic of Maldives in the future.”

“The Republic of the Maldives authorises United States forces to exercise all rights and authorities with Agreed Facilities and Areas that are necessary for their use, operation, defense or control, including the right to undertake new construction works and make alterations and improvements,” the document states.

The US Embassy in Colombo was unable to verify the authenticity of the leaked draft, “as the agreement has not been finalised.”

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Tourism will suffer if parliament bans pork and alcohol: Tourism Minister

A proposed blanket ban on the import of pork and alcohol would destroy the tourism industry of the Maldives beyond repair, Tourism Minister Ahmed Adheeb has told parliament’s National Security Committee.

Local media reports said Addeeb told the committee that vast majority of the Maldives economy relied on tourism, which in turn depended on the sale of alcohol and pork. The whole tourism industry would suffer should these commodities be banned, Adheeb said.

The Tourism Minister said alcohol and pork were not imported for the consumption of Maldivians, and were brought in only under strict laws.

Islamic Minister Sheikh Mohamed Shaheem Ali Saeed was also summoned to the committee to discuss the proposed ban on the import of pork and alcohol.

The Islamic Minister told the committee that serving alcohol and pork or profiting from the trade of such haram commodities was not permitted under Islam.

Shaheem said told the committee that despite this religious fact,  the decision to ban alcohol and pork altogether had to be “made by experts”.

The National Security Committee is currently researching a proposed amendment to the Import/Export Act to completely ban the importation of alcohol and pork in the Maldives.

The amendment to the Contraband Act was submitted by Maldivian Democratic Party (MDP) MP Nazim Rashad, in November 2012.

Parliament at the time narrowly voted to accept the bill that would potentially ban pork and alcohol completely from the country. Consumption and sale is currently restricted to foreigners on resort islands, officially designated as ‘uninhabited’.

Presenting the amendment, Nazim argued that the import of these products violated article 10(b) of the constitution which states that “no law contrary to any tenet of Islam shall be enacted in the Maldives” – theoretically rendering laws governing the import and sale of haram commodities illegal and unconstitutional.

“We often hear rumours that people have alcohol at home in their fridge, available any time. We’ve heard that kids take alcohol to school to drink during their break. The issue is more serious than we think, it should not be ignored,” Nazim said at the time.

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Police probing MDP MP Imthiyaz Fahmy’s “contemptuous remarks” against judiciary

Police have begun investigating opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy for allegedly making “contemptuous remarks” against the  judiciary, during a TV program broadcast by opposition-aligned television station Raajje TV.

Fahmy told Minivan News that police called him on Wednesday and informed him that the case was being investigated on the judiciary’s request.

However police media official Sub-inspector Hassan Haneef said he was “unsure” whether  police were currently investigating the matter, but said cases concerning contempt of court previously been investigated and sent for prosecution.

Police sent a case concerning Imthiyaz Fahmy for prosecution in June 2012, requesting he be charged with disobeying orders, obstructing police duty and physically assaulting a female police officer during an MDP demonstration on May 29, that had followed the dismantling of the party’s protest camp at Usfasgandu.

In a subsequent statement condemning “excessive use of force” against demonstrators, Amnesty International staed that according to Fahmy, “police in Dhoonidhoo told him he was arrested for ‘disrupting peace’.”

The next day in court, police stated that he had been detained for ‘physically attacking a woman police officer.”

Fahmy denied the charges pressed against him by the prosecution.

Regarding the new police investigation, Fahmy claimed the judiciary was attempting to silence elected members of the public and that allegations of contempt of court were a facade.

“People elected me to find faults in institutions such as the courts find ways to reform them, to correct those faults. I have been elected as a member of parliament by the people to talk about such issues and that is my responsibility. It is a duty vested in me by the people and I will remain firm in executing that duty,” Fahmy told Minivan News.

He further claimed that discrepancies and flaws within the courts were already being widely discussed by the general public.

“The courts themselves do not comprehend the real meaning of the concept of judicial independence,” he claimed.

“They should also understand that dignity and honour is not a one-way train. It goes both ways. Their actions should be of a standard and performed in a transparent fashion so as to have dignity.”

In a statement issued during her visit to the Maldives in February 2013, United Nations Special Rapporteur (UNSR) on Independence of Judges and Lawyers Gabriela Knaul  stated that she had found that the concept of independence of the judiciary has been “misconstrued and misinterpreted” by all actors, including the judiciary itself, in the Maldives.

“The requirement of independence and impartiality does not aim at benefiting the judges themselves, but rather the court users, as part of their inalienable right to a fair trial,” Knaul stated in her concluding statement.

Beyond Knaul, Fahmy noted that several other international experts on judicial independence, including International Commission of Jurists (ICJ), judicial expert Professor Paul H Robinson, United Nations Human Rights Committee (UNHRC) as well as the report by the Commission of National Inquiry (CNI) – which was set up to look into the legality of the controversial ascension of President Mohamed Waheed Hassan to presidency on February 2012 – had highlighted “serious flaws” within the judiciary.

“The first thing is that the judges were wrongfully reappointed. The constitutional provisions indicate that the judges were appointed by the Judicial Service Commission (JSC) wrongly without proper consideration being given to Article 285 of the constitution. That is unconstitutional,” he added.

Fahmy – who is a lawyer himself – claimed that other powers of the state including the legislature and the executive had been set up in accordance with the 2008 constitution and that it was only the courts and the judiciary that had failed to be established in accordance with the new constitution.

“Am I being punished for coming out and speaking the truth? What is so wrong in me reiterating the same facts that are being highlighted by several respected international authorities on the same issue?” he questioned.

Apart from Fahmy, cases against several other MDP MPs are either being currently investigated or being heard in the courts including that of MP Ali Waheed (the party’s Deputy Parliamentary Group Leader), MP Hamid Abdul Ghafoor (the party’s spokesperson for international affairs), MP Abdulla Jabir, MP Mohamed ‘Matrix’ Rasheed and MP Ibrahim ‘Bondey’ Rasheed.

Charges faced by the MPs include contempt of court, obstruction of police duty as well as offence of consumption of alcohol.  According to the constitution, a member of parliament loses his seat should he be convicted of a criminal offense that requires serving a sentence longer than a period of 12 months.

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“The Island President” DVD released with Dhivehi subtitles

Former President Mohamed Nasheed launched “The Island President” DVD with Dhivehi subtitles at an event organised by Raajje TV at Nasandhuraa Palace on Monday night.

The grant-funded documentary by Oscar- and Emmy- winning American company Actual Films depicted President Nasheed’s first year in office culminating with his trip to the Copenhagen Climate Change Summit in 2009.

The DVD with Dhivehi subtitles is to be sold for MVR 150.

In September 2011, “The Island President” was awarded the Cadillac People’s Choice Award for Best Documentary at the Toronto International Film Festival (TIFF), one of the world’s five most prestigious films festivals. It also won the “Pare Lorentz Award” from the International Documentary Association.

In an interview with Minivan News in November 2011, the film’s producer, Richard Berge, explained how the producers approached President Nasheed with the idea in early 2009.

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President Waheed meets Gayoom

President Dr Mohamed Waheed met former President Maumoon Abdul Gayoom on Monday evening, reports local media.

No details of the hour long meeting were disclosed to media but a senior Progressive Party of Maldives (PPM) official told newspaper Haveeru that the pair discussed the possibility of President Waheed working with PPM in the upcoming presidential election.

“Just one such meeting cannot lead to an understanding. However we expect a favorable outcome by strengthening relations,” the official was quoted as saying.

PPM MP Ahmed Nihan told Minivan News this week that the party was engaged in talks over the possibility of forming a power sharing agreement with other parties in the government of President Waheed.

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