Month: May 2013

“Maldivians must rise against terrorism”: Attorney General

Attorney General Aishath Bisham has stated the Maldives is facing a high risk of terrorist attacks and that the country must take a strong against terrorism.

Speaking at the closing ceremony on Thursday of a US Bureau of Diplomatic Security-organised program titled “Police Leaders Role in Combating Terrorism”, aimed at training senior officers in counter-terrorism tactics, Bisham said the September 2007 Sultan Park bombing was the first incident that demonstrated terrorism had found its root in the Maldives, and that it was an undeniable that terrorism was spreading widely in the country.

“Acts of terrorism are spreading wildly in various countries across the world. And we are now in a position where we must keep vigilant to see if their acts have found their way into the Maldives and if such acts are spreading across the country,” Bisham is quoted as saying in local media.

Referring to Chief of Defence Force Major General Ahmed Shiyam’s remarks earlier in the week, Bisham echoed that a number of Maldivian youth had enrolled themselves in terrorist groups and training camps abroad.

The Attorney General called this “a significant warning of looming threats” and stated it is important that Maldivians stood up against the dangers of terrorism through training and awareness programs, and how such programs need to be implemented more widely in a manner where general citizens are also included.

While noting the importance of strengthening the legislative framework governing the issue, Bisham said it will prove difficult for a country like Maldives to battle the threats of terrorism and said that it was necessary to seek international assistance to better deal with the issue.

Rising threats of terror attacks: Chief of Defence Force

Chief of Defence Force Major General Ahmed Shiyam earlier this week warned of rising threats of terrorism attacks in the Maldives, cautioning against assuming the country was completely safe from attacks simply based on the fact that no major terrorist activities have been uncovered in the country to date.

He warned that there was an increased risk of terrorist attacks stemming from “religious extremism and political turmoil,” but noted that while messages encouraging such activities were circulating on social media, these focused mainly against a certain group of people, or to encourage youth to partake in activities of ‘jihad’.

“Regardless of how these dangers come forth to us, ultimately the result is the same: that is the destruction of our nation’s social fabric,” Major General Shiyam said.

Increased pressure in 2012 to conform to stricter form of Islam: US

The US State Department’s 2012 Report on International Religious Freedom notes that, especially following the February 7 controversial transfer of power, there has been an increased pressure in the Maldives to conform to a “stricter interpretation of Islamic practices.”

The report highlighted that there have been increased reports of religious freedom abuses. Concerns were also raised over government restriction of religious freedom.

“There was an increasing use of religion in political rhetoric, which led to derogatory statements about Christianity and Judaism, and harassment of citizens calling for a more tolerant interpretation of Islam. Anti-Semitic rhetoric among conservative parties continued,” the report said.

The report also referred to statements made by President Waheed, who came to office following last year’s transfer of power.

“During the year, President Waheed warned the nation that foreign parties were attempting to influence the country’s ideology and promote secularism; he urged citizens to resist these impulses,” the report read.

The report further pointed out instances of societal harassment and abuse targeted against citizens, especially women, who do not conform to strict guidelines seen as acceptable under narrow interpretations of Islam.

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Comment: In black and white

This is the first of a series of articles as I attempt to unpack the Naaz Report, ‘Access to Justice in the Maldives: Through the Eyes of a Colourless Lens’ published in May 2013 and available here.

The eyes behind the colourless lens

1. Aminath Naaz, the eyes behind the colourless lens who authored the publication, Access to Justice in the Maldives: Through the Eyes of a Colourless Lens (published May, 2013) is one of the few legal experts without a direct conflict of interest who had access to the Maldives’ Judicial Service Commission (JSC) and the Maldives’ Courts at all levels.

She also had direct contact with the Supreme Court judges both during the interim period and after, as well as access to all other State institutions, UN agencies, international organisations and NGOs in the period when the Maldives was to build the constitutional democratic state. Or at least the backbone of a democratic government: an independent judiciary.

2. Naaz was also the only Maldivian outside of the closed JSC and the Department of Judicial Administration (DJA), who had access to the Judicial Service Commission and the records therein.

3. Naaz, who as Project Director of the UN Maldives led the “Protecting Human Rights and Access to Justice Project,” was in an influential position of unique power and authority, as well as a position of immense responsibility given that this was at a historic moment in the Maldives when the State was in transition.

The Maldives was at the time in transition from a long established constitutional autocracy with all powers vested in the Head of State, to a multi-party constitutional democracy with separation of powers and the introduction of independent offices and bodies for check and balance.

4. At this exciting and critical juncture in Maldives’ history, a time of constitution building, of state building, when for the first time ever the Maldives was set to introduce and build democratic state apparatus, orientate duty bearers to the newly introduced standards and practices alien to the existing culture, Naaz was an expert in a position to explain concepts and guide events – as Naaz herself has observed.

5. Naaz was situated “inside,” with the necessary knowledge of democratic concepts, standards and best practices as well as the law – a Maldivian with a law degree from Australia who had studied, worked and lived in Australia, a democratic nation. She had the knowledge to fill the gap or limitation she herself observed in the Maldives, from the general public to policymakers to technical experts in government and state bodies who are ignorant of the “new concepts that have been so rapidly introduced to the country” (Naaz, 2013: 5).

6. Naaz introduces herself as “a practicing lawyer in Australia [who] has been in the legal field for over 12 years”; she is privileged in having had opportunity to study, work and live in a democratic nation, and be exposed to the governance practices and standards upheld in a democratic state over a long term period where, it may easily be assumed, one would assimilate and internalise the culture, together with the adoption of language and accent.

7. I, myself a member of the Maldives’ Judicial Service Commission at the time, kept trust in Naaz, and where doubts crept, I shrugged them off – a sensitive subject due to the politics of Article 285 – convincing myself Naaz understood the real issues: the treachery that had taken place in the Judicial Service Commission (JSC) and loss of an independent judiciary, its consequences for the State and the  risk to democratic government.

I kept hope Naaz would intervene – at the right time, right place, in the right way – to ensure the Maldives upheld its constitution and international obligations. After all, she was an expert in a position of influence, and I lost no opportunity to keep her fully informed of all I was observing as a sitting member of JSC (2009-11), and my actions therein. Naaz herself talked to me a number of times, frustrated by the JSC, and the ignorance that existed.

8. Thus, I have been waiting since 2010 for Naaz to speak on the substantive and meaningful issues around access to justice in the Maldives and an independent judiciary, a constitutional right of the people from a legal, human rights perspective. Such debate, and discussion, has been almost nonexistent in the politics of democratic transition in the Maldives.

9. Following the events of 2010 and constitutional breach by the Judicial Service Commission on which I was a sitting member at the time, in December 2010 I published a ‘working paper,’ Democracy Derailed: The unconstitutional Annulment of Article 285 and its Consequences for Democratic Government in the Maldives. It dealt with the issues in the Maldives’ democratic transition, and what I believed was a constitutional crisis we had found ourselves in due to abuse of powers and breach of trust by the JSC, the parliament and other duty bearers who failed to hold the JSC accountable despite repeated appeals, and the loss of an independent judiciary to treason by a few powerful actors within the state.

In December 2009, I published my observations and analysis of the existing situation, dangers and risks to constitutional government. This was of course shared with Naaz who was leading the UN Access to Justice Project.

10. Naaz was silent. Nor did the UN express concern at the failure of the state to meaningfully execute Article 285, or the events that followed. I have written in detail of what I witnessed in my book The Silent Coup; In Defeat They Reached for The Gun of what I witnessed – the conspiracy in which the Maldives’ judiciary was hijacked in transition using the JSC as a tool.

11. UN agencies were the only international presence on the ground in the Maldives in 2010, apart from handful embassies, and as such, I had appealed through Naaz to the then UN Resident Coordinator Mr Andrew Cox, to help in “saving Article 285”.

12. Mr Andrew Cox had found my “madness” discomfiting, my appearance unappealing, and my language incomprehensible, and it was to Naaz I turned as one with the presence and language to advocate the cause I fought. He was always civil to me, but never acted, and I was never sure he comprehended what I spoke of.

Much later, I learnt Cox had gone to the extent of warning the International Committee of Jurists (ICJ) of my mental status. ICJ was the only organisation to take the issue seriously and send a fact finding mission to the Maldives following the Article 285 controversy.

13. Hence, Naaz was the intermediary [with the UN]. I relied on Naaz to push the constitutional case for the meaningful execution of Article 285 and the establishment of an independent judiciary, as well as for assistance to alert the international community, specifically the UN Special Rapporteur on Independence of Judges and Lawyers, and the International Commission of Jurists (ICJ) on what was happening in JSC, and Majlis cover up. After all, Naaz fully understood my “madness” and the state of affairs within JSC and in the judiciary as a whole.

14. All attempts at an inquiry blocked, the judges took oath en masse in a controversial ceremony on August 4, 2010. Naaz was on the ground and was active meeting the JSC during the time. Immediately after the events of August 4, 2010 Naaz was seen in media photos meeting the Speaker Abdulla Shahid. It was usual for the Speaker, President and Chief Justice to meet UN project directors and give the photos to the media. The discussions, it was reported, were on access to justice, strengthening the judiciary and developing the judges.

15. Article 285 was never executed, and the allegations never investigated. Nor were the controversial events of August 4, 2010 ever raised to a proper platform and investigated despite repeated challenges in the media by politicians who defended the JSC without inquiry.

16. Naaz, as Project Director, poured in UN funds to strengthen and legitimise the judges who sat in question. The issues of constitutional supremacy, rule of law and due procedure were never raised by Naaz, or the UN, with relation to Article 285. Nor did Naaz recognise the centrality of Article 285 to democratic government, and the protection of fundamental constitutional rights.

17. President Mohamed Nasheed who took oath of office on November 11, 2008, following the first ever democratic elections held in the Maldives’ history, stunned the country when he “resigned” on February 7, 2012 in a live televised statement. He was flanked by ex-military and ex-police seniors, the current Minister of Defence and National Security Mohamed Nazim, and the current Commissioner of Police Abdulla Riyaz who had no official portfolio on February 7, 2012 to explain their presence at the scene that day.

The televised resignation had followed weeks of violence, which, in the light of evidence that has emerged since, could have been planned and staged by police and military leaders together with the politically motivated Sheikhs, backed publicly by opposition leaders. On that day, February 7, 2012 Naaz was a UN Project Director of the “Protecting Human Rights and Access to Justice Project.

18. The controversial transfer of power was a coup d’état that remains unproven, among other reasons, I believe, for the lack of an independent judiciary. It is surprising Naaz has found this irrelevant to her report. I, however, find it central to the subject and stated purpose of her publication and would like to highlight it as a major event that will in my opinion, continue with grave consequences to the future of the Maldives.

19. In the days immediately after the events of February 7, 2012 a photo went viral on social media – #mvcoup – show a smiling Naaz in Republic Square, shortly after the forced resignation of President Nasheed, holding a national flag in her hand:

20. In a comment on twitter after the publication of the Naaz report, Ibrahim Ihsaan (@iiihsan), a Maldivian law student who claims to know Naaz from “working on drafting legal aid scheme for UNDP in  those days,” says he  met Naaz in Republic Square that day, and had asked her, “What is the UN doing?”

Her response, in Dhivehi, was “Vaanvee goiy mi vee”: “It’s happened as it should”, and then she added, “because Anni [President Nasheed] did not release Ablo Qaazee.’”

21. Naaz had expressed the same sentiment on her Facebook status of February 7, 2012 declaring it to be “The happiest day of my life,” in a post she later deleted.

22. She subsequently left the UN post. Shortly afterwards she reappeared in the President’s Office working as some sort of presidential aide for President Mohamed Waheed, who took Office as President on February 7, 2012. Dr Waheed had selected Waheed Deen, a businessman, resort owner, and society-man of wide social contacts known for his philanthropy, as Vice President.

Aishath Velezinee (@Velezinee on twitter) is an independent democracy activist and writer. She was the Editor of Adduvas Weekly 2005-07 and served on the Maldives’ Judicial Service Commission (2009-11). She claims the Commission she sat on breached constitution in transition; and advocates for redress of Article 285, and a full overhaul of the judiciary as a necessary step for democracy consolidation.

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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Two men charged with attack on Raajje TV reporter

Police have pressed charges against two suspects allegedly involved in the attack on Raajje TV Reporter Ibrahim ‘Aswad’ Waheed.

Ahmed Vishaan, 22, of Kerin Light in Male’s Maafanu neighborhood and Hassan Raihaan, 19, of Fehimaa in Male’s Galolhu neighborhood have been “accused of assault in a manner that can cause serious injuries,” Criminal Court Media Official Mohamed Manik told local media yesterday (May 22).

Vishaan was  been accused of hitting Aswad with a three foot iron rod in the face and head, while the journalist was on his motorcycle the night February 23, 2013 at around 1:18 am, said Manik.

Raihaan has been accused of “helping Vishaan flee the scene” via motorcycle after the attack on Aswad, he added.

Aswad, a senior reporter for the Maldivian Democratic Party (MDP)-aligned television station, was attacked with an iron bar while riding on a motorcycle near the  artificial beach area.

He was attacked while he was on his way to see two Maldives Broadcasting Corporation (MBC) journalists, who were admitted to hospital after being attacked during opposition-led protests.

Following the attack, Aswad was airlifted to Sri Lanka for emergency surgery. He later recovered and returned to the Maldives, telling local media he was very happy to return to the Maldives and would remain undeterred in his role as a journalist.

The attack on Aswad is one of the most serious assaults on a Maldivian journalist since blogger Hilath Rasheed had his throat slashed in an alleyway in mid-2012.

Rasheed was initially given a five percent chance of survival, but later recovered. He has since fled the country.

Press freedom

The Maldives plummeted to 103rd in the most recent Reporters Without Borders (RSF) Press Freedom Index, a fall of 30 places and a return to pre-2008 levels.

“The events that led to the resignation of President Mohamed Nasheed in February led to violence and threats against journalists in state television and private media outlets regarded as pro-Nasheed by the coup leaders,” RSF observed, in its annual ranking of 179 countries.

“Attacks on press freedom have increased since then. Many journalists have been arrested, assaulted and threatened during anti-government protests. On June 5, the freelance journalist and blogger Ismail “Hilath” Rasheed narrowly survived the first attempted murder of a journalist in the archipelago,” RSF noted in its report.

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Police arrest MNDF officer accused of planning Dr Afrasheem’s murder

Additional reporting by Ahmed Nazeer, Neil Merrett and Mariyath Mohamed.

Police have arrested Azleef Rauf, the Maldives National Defence Force (MNDF) officer accused of planning the murder of MP Dr Afrasheem Ali by suspect Hussein Humam, who yesterday (May 22) confessed to the crime after earlier denials.

Azleef was arrested as part of an ongoing investigation, however a police spokesperson who requested anonymity would not confirm if his detention was related to the murder of Dr Afrasheem.

Police confirmed a request had also been made for authorities to confiscate the passports of “some” individuals as part of its investigations, but would not reveal the identities or number of suspects facing travel bans.

Immigration Controller Dr Mohamed Ali told Minivan News that Abdulla ‘Jaa’ Javid, Adam ‘Spy’ Solah and Shahin Mohamed were now facing travel bans, but added that their passports had not be confiscated.

The three individuals were on Wednesday accused by Humam of involvement in Afrasheem’s death.

Javid, son-in-law of opposition Maldivian Democratic Party (MDP) Chairperson ‘Reeko’ Moosa Manik, was arrested by police in December 2012 in connection with the case, and was released 45 days later.

According to local media reports of the hearing in the Criminal Court yesterday, Humam alleged that the idea of killing Dr Afrasheem was given to him by Maldives National Defence Force (MNDF) officer Azleef Rauf, whom he met at a baibalaa tournament in 2012.

Humam, the statement and the court hearing

Minivan News spoke to Criminal Court Media Official Ahmed Mohamed Manik regarding the sequence of the court hearing, which was widely reported by local media after the chief suspect confessed.

According to Manik, after the state presented evidence – which included bloodstained jeans forensically linked to Dr Afrasheem – Humam declared that he “did not have anything more to say.”

“The judge then inquired of him whether he was accepting the charges or denying them, to which Humam said that he confessed to having partaken in the planning and the execution of the murder,” stated Manik.

In an earlier hearing, Humam denied specifically murdering Dr Afrasheem, however he did confess in court to several other murders, stabbings and robberies.

During yesterday’s hearing, after the judge asked Humam to provide details, “he responded that he had already given a detailed statement previously,” said Manik.

“The judge again asked if Humam was referring to the statement he had given to the police, or the one he had given at a court hearing to which he was brought to extend his detention,” he said.

“Humam said it was the one given in the detention extension hearing. I am not sure which one of the detention extension hearings it was that he gave that statement in, whether it was the first one or some later one. Either way, the judge then asked the state prosecutors to read out the statement, as they had already submitted this among the evidence,” said Manik.

“Humam was not asked to read it as it was such a long statement and it would take too much time. Once the statement was read out, he confirmed that it was the one that he had given before,” Manik stated.

“Humam repeatedly insisted that he did not want a lawyer. He confessed to having participated in planning and carrying out the killing. He did not add details after the statement. He just confessed, confirmed the statement that was read out was the one he had given before, and repeatedly stated he did not want a lawyer.”

According to the statement read out in court, Humam was invited to coffee with Azleef, Javid and his brother ‘Jana’, during which Azleef allegedly said “I promise you will get MVR4 million if you murder Dr Afrasheem,” to which Javid’s brother ‘Jana’ replied “yes you will.”

According to the statement, he later met with Azleef and a person called ‘Spy’, and asked them why he had to attack Afrasheem. Their reply was that one of the reasons they had to attack Dr Afrasheem concerned remarks he had made the day former President Mohamed Nasheed controversially resigned.

Rauf and Javid were also previously detained by police over their alleged involvement in the case. Both were later released by the court.

Javid spent 45 days in detention in connection to the Afrasheem murder, after which time his lawyer argued his continued detention was unconstitutional given there was no evidence to support keeping him in custody.

On the day of Javid’s release (January 17), his brother Shahin Mohamed was arrested by police while he was waiting with the rest of Javid’s family outside the court. Mohamed was released from police custody three hours after he was detained.

An MDP activist Mariyam Naifa was also arrested several days following the murder, and was subsequently released. Her lawyer at the time said she was arrested in connection to intelligence received by police in the Afrasheem case.

Motive

The government and police have maintained that Dr Afrasheem’s death was politically motivated.

However, others have sought to ascribe religious motives to the killing,  as noted in the  US State Department’s 2012 report on religious freedom.

“One of the more prominent theories about his murder was that violent extremists viewed Afrasheem’s very public moderate approach to Islam as apostasy and killed him to send a message to moderate Muslims that a strict interpretation of Islam was the only acceptable approach. The case remained under investigation at year’s end, with one person charged in the murder,” the report noted.

Afrasheem was murdered outside his house shortly after appearing on a religious television program in which he insisted that he had never ever spoken of anything regarding religion which was not stated in the Quran or sayings of the Prophet (PBUH), and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

http://www.youtube.com/watch?feature=player_embedded&v=1IGDhGmKnVU

The scholar and MP was attacked several times in 2008, including being hit in the head with a stone on May 27 on his way home from work, and was assaulted after he finished Friday prayers as an Imam in the Ibrahim Mosque in January. His car window was smashed while he was driving through Male’ on March 18, 2012.

The murdered MP was also formerly Parliament’s member of the Judicial Services Commission (JSC), until he was replaced in mid-2011 by Jumhoree Party (JP) Leader, resort tycoon Gasim Ibrahim.

Immediately following Dr Afrasheem’s murder, President’s Office Press Secretary Masood Imad sent an SMS to foreign media outlets declaring that “Nasheed’s strongest critic Dr Afrasheem has been brutally murdered.”

Following Humam’s court appearance yesterday, Masood tweeted that the government was “concerned about the close  relationship of Mr Javid to former President [Mohamed Nasheed].

Government is concerned about the close relationship ofMr. Javid to former President @mohamednasheedwe are watching the case closely.

— Masood Imad (@MasoodImv) May 22, 2013

Tourism Minister Ahmed Adheeb meanwhile tweeted following the hearing that he was “Shocked and Saddened by the news of the confession of Dr. Afrasheem murderer, confirming that he was brutally killed for a political reason”.

Shocked and Saddened by the news of the confession of Dr. Afrasheem murderer, confirming that he was brutally killed for a political reason

— Ahmed Adeeb (@Ahmed_Adeeb) May 22, 2013

Former Justice Minister, Home Minister at the time of Dr Afrasheem’s death and now the PPM’s vice presidential candidate Dr Mohamed Jameel, tweeted: “Dr Afrasheem was assassinated for political purpose , says the suspect”.

Dr Afrasheem’s murderer reveals those behind this crime.The nation is shocked with this revelation , wonder will they say now! — Mohamed Jameel Ahmed (@MJameelAhmed) May 22, 2013

Police Commissioner Abdulla Riyaz has publicly dismissed the rumours that the murder was linked to religious fundamentalists, stating “no evidence has been gathered suggesting that this murder was carried out for a religious motive.”

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed also disputed a religious motive in Afrasheem’s murder, telling local media that the Islamic Ministry had not forced the scholar to offer a public apology for anything in his last television appearance.

Shaheem went on to say that Afrasheem had been given the opportunity to appear on the show following a series of requests made by the murdered scholar. He said Afrasheem had asked for the opportunity on Monday’s (October 1. 2012) program, and so the previously arranged guests had been replaced with him.

Shaheem also said that Afrasheem had visited the Ministry of Islamic Affairs the same afternoon, requesting a discussion on the topics to be covered in the talk show.

Shaheem furthermore said that in this meeting, Deputy Minister of Islamic Affairs Mohamed Gubadh AbuBakr, Afrasheem and himself had spoken about how religious disagreements had led to rifts between close friends, and said that he wanted to “escape from all of this”.

“[Afrasheem] said that he wanted everyone to know what his viewpoints were. And [he] wanted to share this on a channel watched by the largest audience,” said Shaheem, sharing his discussion with Afrasheem in their last meeting together.

“I think this is a highly esteemed position that Allah has granted [Afrasheem] in timing this program in the midst of all that happened that night. It is fate that the show was arranged for the very night,” Shaheem said.

In May 2012, Shaheem’s Adhaalath Party put out a press release “condemning in the harshest terms” remarks made by two unnamed scholars in a lecture to police officers that the party contended “mocked” the Sunnah (way of life prescribed as normative for Muslims on the basis of the teachings and practices of Prophet Mohammed).

A police media official confirmed that the session was conducted by Dr Ibrahim Zakariyya Moosa and the late Dr Afrasheem.

“In his speech, Dr Afrasheem Ali mainly explained the importance of knowing how the Prophet’s Sunnah is ranked,” read the police news item.

MP Afrasheem argued that issues on which scholars have not been able to reach a consensus could not be declared either compulsory or heretical as “there cannot be a definite conclusion regarding such problems.”

However, according to Adhaalath Party, one of the scholars told police officers that there was no benefit to society from an individual wearing a beard “even if, for example, it was established from the Prophet’s Sunnah.”

“As some officers of the Maldives police institution wanted to wear beards, he attempted in his talk to convince them that there was no need to do something that was of no benefit to society,” the party said.

“Desperate attempt”: MDP

While unable to confirm if Javid or any other members of the party were among those whose passports had been confiscated, the former President’s MDP alleged the handling of the case by police was a “desperate attempt” by the government to frame the party and discredit it ahead of the presidential elections in September.

MDP MP and Spokesperson Hamid Abdul Ghafoor claimed that the party was “totally shocked” at what he alleged were attempts to implicate its supporters in the murder of a “liberal religious scholar”.

“We believe this is very much related to trying to absolve religious fundamentalists of the crime,” he said.

Ghafoor claimed that the public were skeptical of the direction of the police investigation into Dr Afrasheem’s death, given that President Dr Mohamed Waheed had come to power in a “coup d’etat”.

“This coup administration has lost all credibility in the eyes of the public. No one believes their scaremongering,” he said.

“We are concerned at these attempts of election-time intimidation.”

Ghafoor claimed that the entire investigation into Dr Afrasheem’s murder was tainted by wide-scale public distrust in the police.

“They are trying to cover up the case desperately, and yet it is during their watch that we are seeing so many murders occurring,” he said.

Ghafoor added the MDP were awaiting developments in the police investigation, while preparing to host protests across the country on Saturday (May 25) raising concern about judicial bias and a lack of law and order.

Masood Imad rejected allegations the government was involved in the direction of investigations into the murder, claiming that the police and judiciary were dealing with the matter.

“We have continued to say that we will not interfere with the country’s judiciary,” he said. ” We are just sitting and watching how the case develops.”

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Police Commissioner accuses politicians of involvement in gang activity

Commissioner of Police Abdulla Riyaz has alleged politicians are often responsible for encouraging gang-related activities in the capital island Male’.

Riyaz is quoted in local media as saying that in order to achieve political gains, politicians frequently provide financial incentives to gangs to carry out activities.

“When police attempt to counter gang activity on the island, politicians stand up in defence of these gang members. This is a problem. If politicians, too, wish to develop this country, they too will need to think of the institution. If an individual in the institution does wrong, then action must be taken against that individual. But the institution, as a whole, should remain in place. Politicians need to understand this,” Riyaz said.

Zero-tolerance against gangs: CP Riyaz

Riyaz said Deputy Commissioner of Police Hussain Waheed had been placed in charge of the Gang Task Force, created after five stabbings in three days earlier this week.

Riyaz said patrols on the streets of Male’ would be increased, and that should any gang members “gather together even the least”, they will subjected to police searches and immediately placed under detention if “any illegal objects” are found in their possession.

“These instructions have already been issued to police. We will completely enforce upon them the powers granted to us by law. Police have been advised to act under a ‘zero tolerance’ policy and not allow them any leeway,” Riyaz said.

“They have now been mandated with a specific task on official Maldives Police Service paperwork. Intelligence will look into how much detail we have about gangs; who and who belong to specific gangs, who are the leading figures in each of these gangs, and their criminal records. They will also look into those who belong to gangs at different levels of hierarchy in it, what has happened to the cases against them, and at what point the cases against them have been stalled. To overcome this stalling of cases is one of the task force objective,” Riyaz explained.

“We will exert pressure even if the cases are being delayed at the Prosecutor General’s Office (PG). We will call upon them to expedite those cases. Police will also speed things up. We will also call upon the courts to expedite them. Intelligence and investigation [teams] will focus on these things,” he continued.

Riyaz said leading figures of gangs will no longer be given privacy related to ongoing investigations, saying that in future all details concerning them will be revealed to the public.

He further said that should such a case remain pending in court, police will hereafter reveal such information to the public too.

Increased surveillance

Commissioner Riyaz said the intelligence department would try to find evidence strong enough to legally detain gang members, adding that police will act immediately once such information is uncovered.

Riyaz revealed police are running an operation whereby surveillance cameras will be installed in locations with risk of high criminal activity. According to Riyaz, nine such cameras have now been installed and are currently used for monitoring, out of a total target of 50.

Riyaz said existing surveillance cameras were generally installed in areas judged relevant with the intention of monitoring protests and demonstrations.

Gang Task Force

Commissioner Riyaz briefed the Gang Task Force on Wednesday, following his comments to local media the previous day.

Riyaz instructed the task force to re-evaluate the cases against gang members, solve the cases at an elevated speed and complete all necessary work to deliver due penalties to them.

“The Gang Task Force will be overseen by a seven member executive committee, with DCP Waheed heading it. The operation has now been commenced,” a police media official confirmed.

Anxiety over rising gang violence: Asia Foundation

“As in most fledgling democracies, political uncertainty can breed violent acts in an effort to achieve narrow political gains,” stated the Asia Foundation in an article published on its website about gang activities in Male’, a follow up to its 2012 report on the issue.

Asia Foundation stated that “due to high levels of domestic violence, divorce, and broken homes, joining gangs has become a popular choice for Maldivian youth looking outside of traditional family structures for support and protection.”

The foundation, together with local NGO Maldives Institute for Psychological Services, Training And Research (MIPSTAR), is currently conducting a workshop for 34 voluntary participants, including gang leaders and members, aiming to offer counselling, vocational training and to build a relationship between them and security forces to better address the issue.

“Monthly meetings with the police to discuss grievances and strategies to address potential violence serves as a fulcrum to bring all gang members together,” the article stated.

“[One gang member], who has been involved in gangs since he was 16 and is now a senior member, pointed out frustrations over police harassment on the streets and arrests without evidence. He also said that being labeled a gang member results in closer scrutiny by the police officers, which he said was acceptable as long as they are not wrongfully arrested for crimes not committed by them,” it read.

“The discussions reveal that one of the root causes for harassment and wrongful arrests were the beat police officers (police constables and sergeants who are permanently assigned to a neighbourhood) who tend to view all gang members with suspicion and hostility,” the article continued, adding that efforts were now being made to address this “trust deficit, which currently runs high”.

Speaking of the foundation’s program, the article says “The three most dangerous gang members as identified by the police are enrolled in O’ Level (high school diploma) programs and regularly seek individual counselling also offered in the program. They expressed that the present context is challenging. On the one hand, they want to engage actively in the program and reform themselves; but on the other hand, there is also a pressure to engage in illegal activities including contract violence.”

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MDP alleges 117 cases filed against February 8 2012 protesters “politically motivated”

The Maldivian Democratic Party (MDP) has called for “politically motivated” court cases against 117 protesters charged with terrorism and obstructing police duty on February 8 2012 be immediately discontinued.

Nine MDP members from Milandhoo Island in Shaviyani Atoll, 28 members from Kulhudhuffushi Island in Haa Dhaal Atoll and 80 members from Addu City are currently facing prosecution. The accused include mid-Hithadhoo Constituency MP Mohamed ‘Matrix Mode’ Rasheed as well as a number of councilors and branch heads from these islands.

“A lot of the accused [currently standing trial] were charged with terrorism offences and obstructing police duty,” said MDP Spokesperson and MP Imthiyaz ‘Inthi’ Fahmy.

The MDP “condemned, in strong terms, these cases of unlawful and blatant granting of selective impunity from justice and calls on all concerned authorities to immediately cease this selective litigation,” during a press conference held May 20, led by Imthiyaz and MDP pro-bono lawyers Abdullah Haseen and Mohamed Fareed.

The party said it regarded the “discriminatory” prosecutions as being politically motivated, biased judicial actions against hundreds of MDP members, and “outside the requisite edicts of the Constitution for judicial fairness and equability.”

The political party also voiced their “great concern” that despite the Commission of National Inquiry (CoNI) findings that “unlawful brutal acts” were committed by security services in February 2012, the report’s recommendations that actions be taken against the offenders have been “disregarded with impunity”.

“Why doesn’t the government take action against those police officers when there is clear evidence of police brutality? None of the police officers have been investigated or prosecuted in line with the CoNI,” said Imthiyaz.

The MDP alleged that “despite public irrefutable and credibly substantiated video and audio evidence showing security services personnel committing brutal assaults and inflicting inhuman bashings”, no credible investigations or judicial actions have been taken.

Current court cases against MDP members had meanwhile been “unduly hastened”.

“The police were seen to participate in a mutiny and they have openly and publicly viewed their opposition and hatred towards the MDP,” MDP Spokesperson Mohamed Zuhair told Minivan News at the press conference.

“As police investigation reports make up a substantive part of the legal cases being brought against MDP activists, how can these investigations be fair when police have been publicly on the record as biased and downright malicious [toward MDP supporters],” he continued.

“The MDP came out in a peaceful protest on the 8th, on the roads of Male’, and they were bashed up,” Zuhair said. “Our activists on the islands heard this and that escalated tensions on many islands where there are police stations. And then it became a kind of public uprising.”

“Within that public uprising, our activists’ primary objective was to rally and to somehow show strength, but among those came in other elements, [who] set fire to places, and then escalated the whole thing,” he added.

Zuhair said given the state of the judiciary justice for the accused was not possible, “but we’ll have better recourse to due process through the high court and supreme court and through international redress.”

No grounds to prosecute

The trials were being conducted to “intimidate the people” because elections are “very near” and the entire process was politicised, MDP lawyer Haseen told Minivan News.

“They demanded the suspects be kept in remand claiming they had forensic evidence. And then when they’re produced in court, there is no forensic evidence or video footage submitted, only witness statements,” Haseen explained.

“They are telling the press they have the evidence and highlighting a lot of photographs with fire, but they are not submitting these – just witness statements given by rival political parties,” he said.

Haseen claimed senior Progressive Party of the Maldives (PPM) officials pointed out to the police who to arrest and were now providing the witness statements against the MDP protesters in court.

“The problem is that even the island judges are not competent judges. They don’t even know criminal procedure. That’s a larger fight that we are building our campaign with that on top – journey for justice,” Haseen added.

MDP lawyer Fareed concurred with Haseen that it is a “politically motivated conflict of interest” to have police and former-opposition political parties provide the only evidence – witness statements – against the MDP members on trial.

“There are not any grounds for prosecution,” Fareed told Minivan News.

He attended three hearings in Kulhudhuffushi, which took place May 19, against 11 MDP members, including two island councilors, and was also dismayed by how witness statements were taken.

“The court they did not have a recording system, so the judge he himself was writing the witness statements in favor of the state. It was very terrible,” Fareed recounted.

“When the first witness was presented, I asked him directly ‘were you there when these  things happened?’ and he replied ‘this is after one year so I don’t remember these things’.”

“That’s all that’s enough – whatever the witness says after that is not applicable, not acceptable,” he declared.

“When the prosecutor asked him [the same question], the witness said ‘That man may be there but I don’t know,’ however the judge himself had already written the witness statement in favor of the prosecution,” he added.

“If they continue this hearing, they should have a recording system otherwise we’ll have to stop it,” Fareed concluded.

“All courts have recorders”

Kulhudhuffushi Court Magistrate Ali Adam explained to Minivan News today (May 23) that “all courts have recorders”.

“When dealing with criminal cases we try to write witness statements, it is the best way,” said Adam. “Recordings can be changed or edited. There might be court staff who hold certain political ideologies who might tamper with the statements.”

“When listening to a witness statement a judge will only write relevant remarks and things related to the accused’s rights. The witness then signs the hand-written statement,” explained Adam.

“We do not consider anyone standing trial as a criminal. How can we face a person thinking he’s an enemy? We do not consider the individual’s personality or which political party he is in,” he added.

The Prosecutor General, PG spokesperson, and PPM MPs Ahmed Nihan and Ahmed Mahlouf were not responding at time of press.

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“Serious failings in the justice system entrenched impunity”: Amnesty International

Failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity” in the Maldives during the past year, Amnesty International has said in its annual report.

“These [failings] included the absence of codified laws capable of providing justice equally to all and the appointment of judges who lacked formal training in law without serious scrutiny of their legal qualifications,” the international human rights organisation stated.

“Throughout the year, authorities were accused of political bias for fast-tracking the prosecution of opposition supporters accused of criminal behaviour during rallies while failing to prosecute police and others suspected of committing human rights abuses during the same protests.”

The 2013 Amnesty annual report on the state of the world’s human rights observed that former President Mohamed Nasheed’s resignation on February 7, 2012 was “followed by months of protest and political repression.”

Nasheed resigned in the wake of a violent mutiny by Special Operations (SO) police officers, who assaulted government supporters, ransacked the ruling party’s Haruge (meeting hall), staged a protest at the Republic Square, vandalised the police headquarters, clashed with the military and stormed the state broadcaster.

Since the transfer of presidential power, the security services have used excessive force “to suppress demonstrations that were largely peaceful,” the report noted.

In June 2012, the Maldives Police Service (MPS) however denied “in the harshest terms” allegations of police brutality by Amnesty International.

“Supporters of the former President’s Maldivian Democratic Party (MDP) were targeted for attack in February. Detainees were subjected to torture and other ill-treatment,” the report continued.

“Targeted violence” against MDP members plunged the nation into “a human rights crisis” in February 2012, the Amnesty report contended.

“Throughout the year, security forces frequently attacked peaceful demonstrators, including MPs, journalists and bystanders, in the capital Malé or in Addu, both MDP strongholds. Officers clubbed them, kicked them and pepper-sprayed them directly in the eyes. Around the time of Mohamed Nasheed’s resignation, from 7 to 9 February, police targeted senior MDP members for attack and tracked down and assaulted injured protesters in hospitals,” read the report.

Amnesty also reported torture and ill-treatment in police custody, including “beatings, pepper-spraying the eyes and mouth, denial of drinking water and, in Addu, incarceration in dog cages.”

The report noted that a Commonwealth-backed Commission of National Inquiry (CoNI) established by President Dr Mohamed Waheed – which found that Nasheed resigned voluntarily – had taken note of “allegations of police brutality and acts of intimidation” and called for “investigations to proceed and to be brought to public knowledge with perpetrators held to account.”

Criminal proceedings have however yet to begin against a single police officer accused of human rights abuses in the aftermath of February 7.

Impunity

In August 2012, the Human Rights Commission of Maldives (HRCM) concluded that the police crackdown on a MDP march across Male’ on February 8, 2012 that left dozens of demonstrators injured was “brutal” and “without prior warning.”

Based on its findings, the HRCM recommended that the Maldives Police Service (MPS) and Police Integrity Commission (PIC) should investigate the “disproportionate” use of force – in violation of police regulations authorising use of less-lethal weapons – and initiate legal action against the responsible officers.

On February 8, thousands of MDP supporters took to the streets after Nasheed declared that his resignation the previous day was “under duress” in a “coup d’etat” instigated by mutinying SO police officers working with the then-opposition and abetted by rogue elements of the military.

The HRCM noted that 32 people filed complaints with the commission concerning varying degrees of injuries sustained in the crackdown and 20 people submitted medical documents of their treatment for injuries.

Among the injuries caused by the police baton charge, the HRCM report noted that several people were bruised and battered, one person fractured a bone in his leg, one person was left with a broken arm and six people sustained head wounds.

Two fingers on the left hand of one demonstrator were crushed, the report noted, and the victim had to undergo treatment at the operating theatre.

The PIC meanwhile revealed in December 2012 that it “recorded 24 individual cases of police brutality related to 7th and 8th February” and completed investigation into 12 cases.

Six cases were sent to the Prosecutor General’s Office (PGO) for criminal prosecution.

“In one more case, though police brutality was proven, there was insufficient evidence to identify the responsible policemen. Investigations of the remaining 12 cases is ongoing, but are expected to be completed soon,” the commission said in a status update.

In February 2013, PIC Chair Dr Abdulla Waheed told parliament’s Government Oversight Committee that it was investigating 29 police officers accused of using excessive force against MDP demonstrators.

The PIC chairperson could not confirm whether the commission’s recommendation to dismiss six officers of the 29 under investigation was acted upon.

He added that five cases were pending despite video evidence of police brutality as the officers could not be identified and 11 additional cases remained stalled over lack of sufficient evidence.

Former PIC Chair Shahinda Ismail had revealed that officers the commission had recommended for suspension had instead been given promotions. Shahinda resigned in October 2012 citing “major difference of opinion” with other members.

“What I’ve seen in the actions of institutions is that they have been giving a lot of space for the police to act with impunity,” she said at the time.

February 8 crackdown
An injured protester

While police baton charged the front of the protest march on February 8, Minivan News observed SO officers charging the crowd from a narrow alley leading to the Maldives Monetary Authority (MMA) building.

The SO officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.

Parts of the attack from the rear were filmed by Al Jazeera, which reported on February 8 that “police and military charged, beating demonstrators as they ran – women, the elderly, dozens left nursing their wounds.”

Former President Nasheed was reported among the injured, and received head injuries during the clashes. He was briefly taken under police custody before being released back into the crowd.

Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area at the Indira Gandhi Memorial Hospital (IGMH).

One young woman who had gone to IGMH with her sister was being treated for a head wound. A gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.

“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.

The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

“People scattered as officers sprinted towards them silhouetted against the lights of passing traffic,” the BBC’s Andrew North reported from Male’.

“Inside the hospital, dozens of Mr Nasheed’s supporters are still being treated for injuries, following earlier scuffles in the main square. Among them is Reeko Moosa Maniku, chairman of Mr Nasheed’s Maldives Democratic Party – who was with the former president when the clashes broke out. With a large head bandage and his shirt bloodied, he regained consciousness as we arrived. The police said they would kill me, he told us, as they beat me. Another MP was still unconscious in another ward.”

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Missing man discovered in dinghy 900 miles from Maldivian waters

A Maldivian national reported missing earlier this month after leaving the island of Fares-Maathoda in Gaafu Dhaalu Atoll in a dinghy has been discovered by a foreign vessel 900 miles from Maldivian waters.

The Maldives National Defence Force (MNDF) confirmed that Mohamed Falah, a 30 year-old man from Fares-Maathoda reported missing since May 9, had been found in “good condition” by the crew of a foreign vessel travelling to Malaysia.

The announcement of Falah’s rescue comes as authorities continue to advise members of the public to take precautions during sea travel – particularly over long distances – following “extreme weather” reported across the Maldives this month.

The MNDF has said searches are continuing for three other men thought lost at sea.

MNDF Spokesperson Colonel Abdul Raheem said authorities had initially been informed of Falah’s rescue through his family, before contacting the foreign vessel that discovered him.

He added that the Maldivian national was expected to arrive in Malaysia on the vessel on Saturday (May 25).

Falah’s wife Fathimath Nazeefa told local newspaper Haveeru that she spoken to her husband today, explaining that he was in “good condition” and had been well treated by the crew who rescued him.

Local media reported that Falah went missing after travelling from Fares-Maathoda to a nearby island to collect gravel needed for construction purposes.

“Necessary precautions”

Following concerns about extreme weather patterns, the Maldives Coast Guard last week published an announcement requesting “all travellers to take necessary precautionary measures before setting on their journeys due to the severe weather with heavy rain and thunderstorms… particularly in the northern and southern regions of the Maldives.”

Colonel Raheem said today that the MNDF was continuing to work with the Maldives Department of Meteorology to try and keep the public better aware of weather patterns in order to prevent further cases of vessels drifting and becoming lost in local waters.

“We cannot say that the condition with the weather is now ok, but it is certainly better at times,” he said.

Raheem said that the coastguard therefore continued to stress that anyone attempting sea travel should take precautions before a voyage.

He said that the MNDF Coast Guard therefore encouraged members of the public to contact its toll-free number 191 to get more information on suitable times for their journey.

“We welcome everyone to call the toll-free number and check the weather before they depart. We also encourage them to contact us if they are leaving on a long distance journey and also notify us when they arrive,” Raheem said.

Rescue attempts

The MNDF has said operations were continuing to locate three other men reported lost at sea this month, despite previously halting aerial search and rescue operations.

Speaking Monday (May 20), Colonel Raheem said that search and rescue operations for four men lost at sea – which at the time had included Mohamed Falah – were being downgraded.

He said at the time that although aerial operations have ceased, the reduced search efforts were being continued. An Indian Navy aircraft was previously assisting the MNDF Kurangi Helicopter with aerial search and rescue operations, but had recently departed the Maldives.

The three men still missing include Mohamed Sammoon, a 21 year-old surfer from Kolamaafushi Island in Gaafu Alif Atoll, who was reported missing around 4:30pm on May 4 after entering the ocean with a surfboard and being swept away by the current.

Two fisherman, identified as 39 year-old Hassan Rasheed from Maamigili Island in Alif Dhaalu Atoll and 32 year-old Abdulla Waheed from Maavashu Island in Laamu Atoll were also reported missing the same day along with the fishing vessel “Azum”.

The two crewmen and the 40 foot light-green fishing boat disappeared after departing from Mulak Island in Meemu Atoll en route to Maavah Island in Laamu Atoll, Sun Online reported.

With searches ongoing for the three men, Colonel Raheem said today that the coastguard had not presently received any additional reports of members of the public being lost in Maldives waters.

“There have been small incidents, but these are not major concerns,” he said.

Adverse weather

Hussein Waheed from the Maldives Department of Meteorology said extreme weather experienced over the last month was expected to improve over the next week.

“Right now we are still having rain, though we expect quite fine weather within the next three to four days,” he said.

Waheed added that adverse weather conditions this month been the result of the “early onset” of the traditionally wet South-West monsoon at the same time that a cyclone had formed in the Bay of Bengal area. The cyclone had since moved north-west towards India, the Maldives Department of Meteorology added.

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Police arrest 48 year-old man for allegedly molesting 10 year-old girl

A 48 year-old man from Hoadedhdhoo Island in Gaafu Dhaal Atoll has been arrested for allegedly abusing a 10 year-old girl over a year and a half, reports local media.

The child’s mother had began to suspect “something was wrong”, a source from the island told local media. The victim, a fourth grade student, then told her how the man had molested her.

The Hoadedhdhoo Island Council told local media the man had been arrested and was in police custody on Thinadhoo Island in Gaafu Dhaal Atoll. Police are currently investigating the case.

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