September 2014 – Minivan News

Supreme Court slams HRCM for basing rights assessment on “rejected” UN rapporteur findings

The Supreme Court today slammed the Human Rights Commission of Maldives (HRCM) for basing its criticism of the judiciary in an assessment to the UN on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul.

The Supreme Court has charged HRCM with undermining the constitution and sovereignty of the Maldives by spreading lies about the judiciary in its Universal Periodic Review (UPR) submission to the UN Human Rights Council.

The judges today denounced the HRCM’s statements on the judiciary as “dangerous,” “irresponsible” and poorly researched.

The HRCM denied all charges, saying the commission’s observation – that the Supreme Court controlled and influenced the judiciary to the detriment of lower courts – was based on a report by Knaul, as well as reports by International Commission of Jurists and local NGO Transparency Maldives.

In response, Chief Justice Ahmed Faiz said the judiciary had rejected Knaul’s report as invalid and reprimanded the HRCM for its alleged failure to fact-check the findings of reports by other institutions.

Faiz also reprimanded the HRCM for failure to ask the Supreme Court’s opinion on reports which were critical of the judiciary.

The Maldives government, in June 2013, said Knaul’s report undermined the country’s sovereignty. The report outlined political, budgetary, and societal challenges facing the judiciary and wider legal community, as well as the politicisation of the judicial watchdog body and the failure to appoint qualified judges as per the Constitution.

Faiz repeatedly asked the commission today if its own report was based on opinion or fact. HRCM President Mariyam Azra replied that the report consisted of the commission’s informed observations.

Today’s trial is only the second suo moto case in the country’s history. Suo moto regulations allow the Supreme Court to initiate proceedings, prosecute and pass judgment. The first – in March this year – saw the Supreme Court sack the Election Commission’s President and Vice President for contempt of court.

The hearing ended after the HRCM said it had no further statements in its defense. A date for the next hearing has not been set.

The full seven member Supreme Court bench is overseeing the case.

Defense

The UPR studies the human rights records of all 193 UN member states, aiming to prompt, support, and expand the protection of human rights. After having been reviewed first in 2010, the Maldives will again undergo inspection in 2015.

The HRCM’s 2010 UPR submission had no mention of the judiciary, noted HRCM’s lawyer Maumoon Hameed. He said that the commission was obliged to monitor access to justice in the country in its 2015 submission as the Maldives government had admitted in 2010 that the sector required reform.

The Supreme Court had taken issue with the following statement: “Judicial system is controlled and influenced by the Supreme Court, weakening judicial powers vested in other superior courts and lower courts.”

Hameed said the statement referred to the Supreme Court’s practice of taking over cases from the lower courts before completion of trial.

The HRCM repeatedly said it had exercised its constitutional mandate, and said the commission was obliged to adhere to and refer to international human rights standards in its reports.

Although the report was shared with the Department of Judicial Administration, and the Attorney General’s Office prior to its submission, the two offices had not made any comments on the access to justice section, the commission said.

The HRCM has defended and advocated for the independence of the judiciary, noted Hameed, especially during the military detention of Criminal Court Judge Abdulla Mohamed in 2012 and President Mohamed Nasheed’s decision to lock up the Supreme Court in 2010.

He also contended that the HRCM had continuously advocated for protection of judges and their families.

However, the HRCM’s defense appeared to unravel after a barrage of questions from the bench, with Hameed later suggesting the HRCM did not intend to demonstrate the Supreme Court was “negatively influencing” the lower courts.

He also suggested a limit of 2000 words in the UPR submission required the commission to make generalised statements.

Information

The UPR report also said the HRCM faced difficulties in gathering information related to the judiciary due to lack of cooperation.

Chief Justice Faiz rejected this claim, saying that the Supreme Court – through the DJA – had complied with all requests for information for the UPR.

HRCM President Mariyam Azra said, however, that the commission had faced difficulties in cooperation for a project on court monitoring and on reviewing a court verdict.

In reply, Faiz said the HRCM could only monitor court proceedings on the explicit permission of a presiding judge before stating firmly that the HRCM does not have the mandate to review any court verdict.

Judge Abdulla Saeed repeatedly said the Supreme Court as custodian of the Constitution would not violate the law and would follow due procedures.

He also said the HRCM had implied judges were acting against behavioral norms in enforcing hadd offenses, such as for fornication for children aged fifteen and above. Saeed said it was not the judges, but Islamic Sharia and the Maldivian laws, that had set the punishment.

Human Rights Council

The United Nations Human Rights Council, of which the Maldives is a member, in 2012 said it was “deeply concerned about the state of the judiciary in the Maldives.”

“The state has admitted that this body’s independence is seriously compromised. The Committee has said the judiciary is desperately in need of more serious training, and higher standards of qualification,” a statement read.

The Supreme Court in particular needed “radical readjustment,” the committee said. “As 6 of 7 Supreme Court judges are experts in Sharia law and nothing more, this court in particular is in need of radical readjustment. This must be done to guarantee just trials, and fair judgments for the people of Maldives.”

The 2006 Human Right Commission Act lists the promotion and protection of human rights in accordance with international conventions along with the assistance and support of relevant NGOs as basic objectives of the commission.

Additionally, Article 27 of the HRCM Act grant members immunity from prosecution in relation to acts carried out as part of the commission’s duties.

Article 27 (b) meanwhile says that a case can only be filed against the commission regarding published reports following an inquiry which proves components of the report to have been false.

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Maldives’ human rights developments “disturbing”, says Canadian foreign minister

Canadian Foreign Affairs Minister John Baird has described recent developments in the Maldives as “disturbing”, expressing concern over the current human rights situation.

“The likely kidnapping of a leading local journalist and threats and attacks against other journalists, politicians and activists are particularly disturbing,” read a statement from the Foreign Affairs Ministry.

Baird subsequently labelled the legal action against the Human Rights Commission of Maldives – initiated in relation to a report submitted to the UN Human Rights Council – as “unfortunate”.

He described the Supreme Court’s suo moto case – which continues today (September 30) – as “a decision that will not help to restore its credibility. Free speech must be protected, not trampled.”

Recent attacks on the office of Minivan News, the office of the opposition Maldivian Democratic Party (MDP), and the homes of MDP MPs have prompted international condemnation.

The Maldives Ministry of Foreign Affairs was joined by the United States and Reporters Without Borders in condemning the night of lawlessness in the capital Malé following the Minivan News incident.

Foreign Minister Dunya Maumoon “noted that the government remains strongly committed to create an environment that gives protection to media personnel to exercise their duties freely and responsibly.”

The UK Foreign and Commonwealth Office was the first foreign government to officially register such concerns earlier this month in relation to a growing culture of death threats and the disappearance of Minivan News journalist Ahmed Rilwan on August 8.

Baird has been notable for his strong statements regarding the Maldives in recent years, often resulting in criticism from the government.

A statement from the Canadian minister in 2012 regarding the alleged persecution of opposition MPs was described as “misleading” and “one-sided” by government officials.

Similarly, last year President Dr Mohamed Waheed wrote a letter of complaint to Canadian Prime Minister Stephen Harper, accusing Baird of making “inappropriate and derogatory remarks” towards then acting Foreign Minister Dr Mariyam Shakeela during a Commonwealth Ministerial Action Group meeting.

Concerned by extremism

“Canada is concerned by disturbing reports of increasing Islamic extremism and deterioration in the promotion and protection of human rights in the Maldives,” continued Baird’s statement yesterday (September 29).

“The government and judiciary must demonstrate a clearer commitment to dealing with these issues, including indications of domestic support for the so-called Islamic State of Iraq and the Levant (ISIL),” said Baird.

A number of Maldivians are reported to have been killed this year while waging Jihad in the Syrian civil war, while local groups marched through the capital this month waving the the ISIS/ISIL flag.

‘To hell with democracy’, ‘Democracy is a failed system’, ‘Shariah gave you the rights, not democracy”, ‘Shariah is the only solution’, read the placards of the 150 demonstrators.

Government leaders have spoken out against atrocities committed by ISIS forces in the Middle East as well as discouraging Maldivians from participating in foreign conflicts.

“IS is using the veil of religion as a pretext for inflicting terror, and committing violations of human rights,” said Dunya in August.

“Their philosophy blatantly violates the fundamental principles of peace, tolerance, and unity which are advocated by Islam, and their actions have tarnished the world’s perception of our great religion. A religion of peace and tolerance.”

Both former President Mohamed Nasheed and an independent report commissioned by the Maldivian Democracy Network have suggested radicalised gangs were likely to have been involved in the disappearance of Rilwan 53 days ago.

After Nasheed’s comments at an MDP rally last week, MP Eva Abdulla received a threat suggesting the next MDP event would be attacked by a suicide bomber. Threats sent to journalists last week warned against reporting on the continuing spate of attacks.

“This is a war between the laadheenee [secular or irreligious] MDP mob and religious people. We advise the media not to come in the middle of this. We won’t hesitate to kill you,” read one widely circulated SMS.

Nasheed has argued that the Maldives now represents a fertile recruiting ground for international jihadi movements, suggesting that the government’s inaction posed a serious danger to the security of the country.

Attempts to shut down congregations considered to be conducting unauthorised sermons, labelled “extremist” by the Islamic minister, have proved unsuccessful in recent months.

A Facebook page called Islamic State in Maldives promoting IS in the country was discovered last month, which shared photos of protests calling for a ban on Israeli tourists where protesters carried the IS flag.

Moreover, a new site called Haqqu and Twitter account sprang up recently featuring IS-related news and publications in Dhivehi as well as translations of a sermon by self-proclaimed Caliph Abu Bakr al-Baghdadi.

Rilwan was one of the first journalists in the Maldives to write in depth about Maldivian jihadis, receiving intimidation from online groups as a result of his research.

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Police arrest fourth suspect in connection with disappearance of Minivan News journalist

Police arrested a fourth suspect yesterday in connection with the disappearance of Minivan News journalist Ahmed Rilwan.

A 25-year-old was taken into custody with an arrest warrant, police revealed, after which the Criminal Court granted an extension of remand detention for five days.

Police said “special efforts” are underway to investigate Rilwan’s disappearance and locate the missing journalist, declining to reveal any further details.

Rilwan has been missing for 53 days and is believed to have been abducted at knife point outside his apartment building in Hulhumalé around 2:00am on August 8.

On Sunday, police arrested three suspects – two 22-year-old men and one 24-year-old man – on suspicion of involvement in Rilwan’s disappearance. The Criminal Court extended the detention of the 22-year-old pair for five days and the 24-year-old man for seven days

The Maldivian Democracy Network (MDN) welcomed the arrests as “progress in the police investigation” and offered its support.

“The Criminal Court’s extension of their detention signifies progress in the investigation,” said MDN.

Police also told local media yesterday that the arrests represented progress in the investigation and that police were working on “reaching a good result”.

However, the police have yet to offer possible theories or lines of inquiry being followed in the investigation, noting on September 15 that no “conclusive evidence” has been found between Rilwan’s disappearance and a reported abduction outside his apartment building.

MDN meanwhile released an investigation report last week implicating radicalised gangs in Rilwan’s suspected abduction.

The investigation report by Glasgow-based Athena Security confirmed evidence of possible “hostile surveillance” of Rilwan at the Hulhumalé ferry terminal in Malé conducted by two known affiliates of Malé-based Kuda Henveiru gang. One of the suspects is identified as Ahmed Shiran Saeed.

Minivan News understands Shiran is currently in police custody for unrelated charges.

Citing the abduction of several young men in June by a vigilante group in a push to identify online activists advocating secularism or professing atheism, the report said gang activity in Rilwan’s abduction was a “strong possibility”.

The report noted increased radical activity among members of three main gangs in Malé – Bosnia, Kuda Henveiru, and Buru – and claimed members had participated in attacks against individuals they deem “un-Islamic”.

Rilwan had “regularly received clear threats to his life” for his outspoken criticism of religious extremists, the report said.

One man named in the report, vandalised Minivan News’ security camera on Thursday (September 25) shortly before two others buried a machete in the building’s door.

A Minivan News journalist received death threats shortly thereafter, which read, “You will be killed or disappeared next. Watch out.”

While police arrested a 32-year-old suspect Thursday night on charges of stealing the security camera – clearly identifiable on the CCTV footage – the Criminal Court released the suspect with conditions the following day.

The opposition Maldivian Democratic Party (MDP) office was meanwhile set on fire in the early hours of the morning on Friday (September 26), and the door of former MDP MP Hamid Abdul Ghafoor’s residence was set ablaze.

The arson attacks followed vandalism of the main opposition party’s office for two consecutive nights and numerous death threats sent from unlisted numbers to MDP MPs, the party’s senior members, and dozens of journalists.

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EU concerned at gang violence and religious intolerance in Maldives

The EU delegation in Colombo and EU member states have noted concern at “mounting gang violence and signs of increasing religious intolerance” in the Maldives.

“The EU Heads of Mission, the Ambassador of Norway and the Charge d’Affaires a.i. of Switzerland are very concerned about the recent reports of attacks, intimidation and death threats faced by journalists, politicians, human rights campaigners and representatives of civil,” read a statement released today.

The offices of Minivan News were attacked last week, as were those of the Maldivian Democratic Party, and the homes of a number of MPs. Journalists have continued to receive death threats, warning against reporting on such activities.

The EU representatives, as well as the Embassies of Norway and Switzerland, today said that these instances were “contributing to a climate of growing fear in the Maldives and reducing the space for public discussion.”

It was also suggested that the ongoing legal action initiated by the Supreme Court against the Human Rights Commission of Maldives “risks undermining the independence of the HRCM, a key democratic institution”.

The Supreme Court’s suo moto case relates to the publication of a report submitted to the UN Human Rights Council earlier this month for its Universal Periodic Review on grounds that the compilation of and the content of the report was against procedures, and contained false information.

“In the interests of both the Maldives and the many visitors to the country, we call upon the Maldivian authorities to create a safe and enabling environment in which citizens and institutions can operate freely in full respect of their constitutional rights.”

Canadian Foreign Affairs Minister John Baird yesterday expressed concern at the “deterioration” of the human rights situation in the Maldives while the US and UK have also noted their own concerns this month.

Foreign Minister Dunya Maumoon has also condemned the recent attacks, reiterating the government’s commitment to an “environment that gives protection to media personnel to exercise their duties freely and responsibly.”

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Mosques to be brought under Islamic ministry on November 1

All mosques in the country will be brought under the purview of the Ministry of Islamic Affairs on November 1, Islamic Minister Dr Mohamed Shaheem Ali Saeed has said.

“The ministry is working to change mosques, Imams, muezzins, workers to the ministry from November 1 onward,” Shaheem tweeted on Sunday (September 28).

Responsibility for the maintenance and management of mosques was transferred from the Islamic Ministry to local councils by the landmark Decentralisation Act of 2010.

However, in April, President Abdulla Yameen ratified amendments to the Religious Unity Act of 1994 that would bring mosques under the Islamic ministry and outlaw independent prayer congregations. The amendments came into effect in mid-July.

In April 2012, Shaheem called for mosques to be returned to the ministry’s care following the refusal of some island councils to allow scholars to preach in mosques, most recently in the island of Innamaadhoo in Raa atoll.

The Innamadhoo island council filed a complaint with the Islamic Ministry in March against Sheikh Ibrahim Shameem Adam after the NGO Salaf preacher allegedly delivered a sermon in the island’s mosque without permission from the council.

In May 2013, Sheikh Imran Abdulla and Sheikh Ilyas Hussein – senior members of the religious conservative Adhaalath Party – were obstructed from preaching in Vaikaradhoo, in Haa Dhaalu atoll, whilst the Kamadhoo island council in Baa atoll prevented Sheikh Nasrulla Ali from preaching in the island’s mosque.

In Vaikaradhoo, the Adhaalath sheikhs were provided police protection in the face of unruly opposition protesters.

“Broadening the role of mosques” was among the eleven key policy objectives unveiled by the Islamic ministry in February.

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Terrorism trials on February 8 arson in Addu City postponed

The trial of 35 people from Addu City charged with terrorism over arson attacks in Addu City on February 8, 2012 resumed at the Criminal Court yesterday after a hiatus of over a year.

Of the 35 individuals charged with setting fire to the Gan police station in the aftermath of the transfer of presidential power, only three were summoned to the court.

The trial was reportedly postponed because the defence lawyers were not provided documents related to the case.

The court has said it was facing difficulties summoning defendants from the southernmost atoll as well as housing and feeding the accused. Under the Judicature Act, terrorism trials must be conducted at the Criminal Court in Malé.

More than 80 people from Addu City are facing terrorism charges for acts of arson on February 8, which saw police vehicles, courts and police stations torched. Riots spread across the country following a brutal crackdown on an opposition Maldivian Democratic Party (MDP) march in the capital.

In a press release issued on September 18 after the hearings were scheduled, the MDP contended that the trials against dozens of the party’s members and supporters in Addu City and Gaaf Dhaal Thinadhoo were politically-motivated acts of intimidation.

The party also accused the government of threatening to prosecute persons who participate in MDP activities.

The press statement also noted that police officers who committed crimes on February 6, 7 and 8 were not being prosecuted.

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Number of Maldivian seafarers has plummeted: Economic development minister

The Minister of Economic Development Mohamed Saeed says the number of Maldivian seafarers has plummeted significantly over the years due to lack of interest in the field.

Saeed’s comment came after signing the Maritime Labor Convention at a ceremony held at State Electric Company (STELCO) to celebrate world maritime day.

“Maldivian crew members working aboard vessels have reduced to a mere 400. This is a very undersized figure, we need to boost it,” said Saeed.

It is believed that Maldivians will be given the opportunity work in foreign vessels now the nation has signed the maritime convention.

“Many employment opportunities will be opened for Maldivians since we are part of the convention now. In addition the convention also protects the rights of ship crews,” said Saeed.

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Nigerian quarantined in Hulhumalé has no symptoms of Ebola, assures health ministry

No additional reporting by missing journalist Ahmed Rilwan

A Nigerian tourist quarantined today as a precautionary measure has no symptoms of the Ebola virus, the Ministry of Health has said.

The health ministry and Health Protection Agency (HPA) briefed the press this afternoon following media reports of a Nigerian man taken from the foreign ministry in Malé to a quarantine facility in Hulhumalé by Maldives National Defence Force (MNDF) officers in protective suits.

HPA Epidemiologist Dr Aishath Aroona Abdulla explained that the foreign ministry informed the health authorities because the Nigerian was “sick looking”.

“After inspection, the doctor at the Hulhumalé hospital said he did not have fever. He is not taking medication for anything at the moment,” she said, noting that the most important symptom of Ebola was high fever along with fatigue, headaches, and aching joints.

Dr Aroona said she questioned the patient and took his history at the Hulhumalé hospital.

“He told me that he did not have a fever or any symptoms, but said ‘I am sick because I have nothing to eat,'” she said.

As the Nigerian did not have a fever, Dr Aroona said there was no risk of people he came into contact with catching the Ebola virus.

“However, he will be observed for the next 24 hours to see if he gets a fever,” she said, adding that both the MNDF officers who transported the suspected patient and the doctor were wearing personal protective equipment.

As the Nigerian could not be considered an Ebola patient, Dr Aroona said samples would be sent to a laboratory in Pune, India for testing only if he exhibits symptoms of a fever in the next 24 hours.

Under protocols put in place in accordance with World Health Organisation (WHO) guidelines, she said if he develops a fever the patient would be treated as a suspected case until the test results return negative.

The authorities had the resources needed to treat a suspected Ebola case, she said, adding that the patient would be released with surveillance if he did not develop a fever.

Precautions taken

The Nigerian was screened upon arrival in the Maldives and entered into the HPA database, revealed Dr Aroona, explaining that visitors from countries facing an Ebola outbreak were placed under surveillance if they had been in the country for 21 days, which is the incubation period for the virus.

While 109 individuals from countries where the virus has been detected have visited the Maldives so far, Dr Aroona said 78 were placed under surveillance, of which 27 were presently in the country.

The resort or guesthouse where the tourist is staying are told to inform the authorities if a guest exhibits symptoms of Ebola, she explained.

She noted that Nigeria and Senegal were “low-transmission” and “low risk” nations with no new cases reported in the past 21 days.

“It’s very unlikely for someone who has traveled to Nigeria to contract Ebola,” she said, adding that visitors from the country were placed under surveillance as a precautionary measure.

While the countries where Ebola was rapidly spreading were Guinea, Liberia and Sierra Leone, Dr Aroona said there have been no visitors from any of these countries.

While passport holders from the three African nations have visited the Maldives, she noted that none had traveled to these countries for 21 days prior to arriving in the Maldives.

State Minister for Health Hussain Rasheed said the Maldives was following international best practices in accordance with WHO recommendations and efforts were underway to improve surveillance capabilities.

He appealed to the media to correct initial reports and provide information responsibly, noting that the Maldivian economy was dependent on tourism and could be adversely affected by alarmist news headlines.

Director General of Health Services Dr Sheeza Ali revealed that the Nigerian was in the Maldives on a tourist visa but had attempted to find work in the country.

“So we will be consulting with the immigration [department] and the tourism ministry,” she said.

The Nigerian arrived in the Maldives on September 13, she added.

Dr Aroona meanwhile said the incident would be reviewed to improve the process of isolating and testing.

The Nigerian had gone to the foreign ministry for “personal purposes,” Dr Aroona said, declining to reveal details.

According to the WHO, more than 3,000 people have died from the Ebola outbreak in West Africa while a total of 6,574 cases have been reported so far.

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Government oversight committee asked to investigate rising airline fare

Parliament’s government oversight committee has been asked to investigate rising airline ticket prices after summoning officials from the government regulatory body.

The issue was raised at today’s meeting of the committee by Jumhooree Party MP Ilham Ahmed, who reportedly said that a number of Maldivians traveling to India and Sri Lanka for medical treatment were affected by the abrupt increase in airline fare.

Another issues raised at the meeting included looking into a case of an Imadhudheen School teacher who allegedly bullied a grade three student.

The female teacher reportedly returned to work last week after the Ministry of Education lifted her suspension. While the ministry has compiled a report based on its investigation, the Teachers Association of Maldives has defended the accused, contending that the allegations against her did not warrant suspension.

Progress into the police’s investigation into the disappearance of Minivan News journalist Ahmed Rilwan was also raised at the meeting.

Meanwhile, Chair Riyaz Rasheed – deputy parliamentary group leader of the ruling Progressive Party of Maldives – declined to put either issue to a vote, saying he would clarify information regarding the proposals.

Parliament is due to resume sittings next month after a one-month recess.

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