Day: September 17, 2014

Maldives slams Human Rights Council critics after death penalty remarks

The Maldives has accused critics in the UN Human Rights Council of making statements “rooted on misrepresentation and media speculation”.

The response followed comments made by the Swiss delegation criticising the Maldives for its decision to allow the death penalty for minors.

“Switzerland condemns the recent decision of the Maldives Government to amend its legislation to permit the death penalty for children as young as 7 years old – this is a grave contravention of international law,” said the Swiss during yesterday’s session.

The Maldives has this year amended regulations regarding the death penalty as well as introducing a new Penal Code. Combined, the rules allow for the sentencing of a minor to death, though execution cannot be carried out until the offender is 18-years-old.

Using its right of reply, the Maldives pointed out that its new Penal Code – passed in April – granted the “immaturity excuse” to all those under the age of 15.

“The Maldives once again would like to state on record that this Council is mandated to do serious work and it is appalling that statements made here are rooted on misrepresentation and media speculation,” said the Maldivian delegation.

After announcing plans to end the 60 year moratorium on the death penalty in January, new regulations were finalised in April, enabling the state to carry out execution by lethal injection.

Legal sources have told Minivan News that, while the new Penal Code does include the “immaturity excuse” – removing criminal responsibility from those under 15, Article 15c still allows for minors to be held accountable for hadd offences.

The Maldives legal system follows a combination of common law and Islamic Sharia, with homicide considered a hadd offence warranting a sentence of death.

Informing the Human Rights Council of the new Penal Code, the Maldives delegation called it “a hallmark piece of legislation that is intended to modernise the criminal justice system of the Maldives and to bring it on a par with international best standards.”

In response to the Swiss remarks made during the general debate section yesterday’s session, the Maldives noted that it “holds the worlds longest moratorium on the death penalty”.

However, the government’s decision to end the unofficial moratorium on the practice has been met with global condemnation, with both the EU and the Office of the UN High Commissioner for Human Rights urging reconsideration of the decision.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the OHCHR.

Meanwhile, Amnesty International has called such moves a “retrograde step and a serious setback for human rights in the country”.

Following a wave of attacks in the country last month, resulting in three deaths, the Ministry of Home Affairs reiterated that it would not hesitate to implement the death penalty.

Likes(0)Dislikes(0)

GMR surprised with decision to give airport development to Chinese firm

Indian infrastructure company GMR has told media of its surprise that the development of Ibrahim Nasir International Airport (INIA) has been given to a Chinese firm.

“Sources in the GMR expressed surprise at the move by the Maldives government as it has entered in a new contract for construction work at airport without paying damages as suggested by the tribunal,” wrote the Economic Times today.

The preliminary contract agreement for the development of the airport was one of eight MoUs signed between the Chinese and Maldivian governments during the recent presidential visit by the Chinese President Xi Jinpeng.

The terms of the agreements have not yet been released to the media, though it was revealed that the new contract to develop the airport was given to Beijing Urban Construction Company Limited.

President Xi’s visit to the Maldives – part of his South Asia – tour was reported to have added to Indian concerns regarding Chinese ambitions in the region.

India’s GMR recently won the arbitration case filed against the Maldivian government claiming compensation for the premature termination of its airport development agreement made in 2012 during former President Mohamed Nasheed’s administration.

The company’s significant development plans included the construction of a new terminal and investment plans in excess of US$500 million.

The two phase arbitration case will now focus on determining the compensation owed by the government, with GMR claiming US$1.4 billion, a figure which amounts to around half the Maldives’ Gross Domestic Product (GDP).

Arbitration relations

Speaking about the arbitration case, Attorney General (AG) Mohamed Anil said that the compensation has been limited by a clause inserted during the original agreement, suggesting that the amount will not go up to the full amount being claimed.

Tourism Minister Ahmed Adeeb has since assured that the government has the capacity to pay the compensation.

“Our economy will grow with the special economic zone bill, and our government will become rich, we will overcome our budget deficit and god willing we will be able to pay any amount we have to,” he said shortly after the ruling in June.

GMR initiated the tribunal at a Singaporean Court after former President Dr Mohamed Waheed’s administration concluded that the GMR contract was void, giving the company seven days to leave the airport.

Speaking at a press conference, then AG Azima Shukoor stated that the decision to terminate the contract was reached after considering “technical, financial and economic” issues surrounding the agreement.

In response, GMR released a statement saying that the cabinet’s decision was “unilateral and completely irrational.”

The GMR case also appeared to prompt a cooling in diplomatic relations between India and the Maldives, with India tightening visa regulations for Maldivian travelers claiming that that decision had been made to draw attention to the treatment of expatriate workers within the Maldives.

While relations have improved during the presidency of Abdulla Yameen, Indian officials were reported to have expressed concern over President Xi’s visit this week – the first by a Chinese head of state to the Maldives.

“We’ve been off the ball a bit on the Maldives, and things are tricky again,” an official told the Telegraph. “The Chinese President’s visit to the Maldives is emblematic of that simmering unease.”

During his visit President Xi urged the Maldives to become part of his 21st century maritime silk road project, as well as signing an MoU for the promotion of a bridge between Malé and Hulhulé islands. Xi expressed his hope that the bridge would be named the ‘China-Maldives Friendship Bridge’

Likes(0)Dislikes(0)

Police used excessive force against demonstrators, says HRCM in UPR report

Police used disproportionate force against demonstrators during street protests in the aftermath of the transfer of power in February 2012, states the Human Rights Commission of Maldives’ (HRCM) Universal Period Review (UPR) report.

“HRCM observed during dispersal of demonstrations [Maldives Police Service] used disproportionate force which was at times discriminatory towards political parties, excessive and disproportionate use of pepper spray at protestors, inconsistency in issuing warnings before dispersal and obstruction of media,” reads the report.

“It was evident that some demonstrators were subjected to torture at the time of arrest.”

In June 2012, the Maldives Police Service (MPS) denied allegations of police brutality by Amnesty International, which had condemned the “excessive use of force” against demonstrators.

Amnesty’s statement followed its investigation of a police crackdown on a Maldivian Democratic Party (MDP) protest against the dismantling of the opposition party’s Usfasgandu protest camp on May 29 – a crackdown which included “beatings, pepper-spraying, and arrests”.

“Those attacked include peaceful demonstrators, members of parliament, journalists and bystanders,” said Amnesty.

The HRCM meanwhile recommended “action against officers who violate the laws, eliminating room for impunity.”

Last month, Attorney General Mohamed Anil told parliament that five police brutality cases from February 2012 were ongoing at court.

While it had concluded that the transfer of presidential power was constitutional, the Commonwealth-backed Commission of National Inquiry had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers.

After the ministry instructed police to take disciplinary action against the officers, the police disciplinary board sacked one officer.

However, the disciplinary board decided there was insufficient evidence to prove wrongdoing by the other five officers and decided not to dismiss them pending the outcome of a trial.

On February 8, 2012, thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the HRCM concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

Torture and prisons

The HRCM revealed in the UPR report that a total of 304 torture allegations were filed at the commission, “of which 74 allegations have been investigated from 2010 to July 2014.”

“However, none of these cases were sent to prosecution due to lack of enough evidence to prove them in a court of law,” the report stated.

On pressing issues concerning the prison system, the report highlighted “the lack of categorisation, unavailability of rehabilitation and reintegration programs, unnecessary strip‐search and disproportionate disciplinary measures towards male prisoners and minors.”

“In custodials, issue of overcrowding, handcuffing for indefinite periods, extended detention for investigation purposes and failure to collate data in a systematic way are areas suggested for improvement over the years,” the report noted.

“In the only psychiatric institution of state, despite continuous recommendations for change, geriatric patients and patients enduring mental illnesses and [persons with disabilities] are accommodated without proper categorisation. Institution for children under state care is heavily under‐staffed. Inappropriate disciplinary measures against children under de facto detention persist in most institutions sheltering juveniles.”

Gang violence and juvenile justice

The HRCM also noted that gang violence and murders “increased at an alarming rate” in recent years.

“A study shows that many of these gang related violence are linked to politicians or business persons who pay gangs to carry out violent acts. Yet, state has been unsuccessful in effectively addressing this issue. So far 21 murder cases were recorded since 2010, most of which were gang related,” the report explained.

The reasons why youth join gangs include the “search of identity and protection” and unemployment, the report noted.

“With criminal records or inability to exit gang life makes it difficult for youth to find employment, rehabilitation opportunities and remain stigmatised by society,” the report stated.

“Although, human resource, rehabilitation and support programs remain limited for proper functioning of a juvenile justice system; the lack of political will along with resource constraints impacts addressing these issues.”

Referring to new regulations on enforcing death penalty, which allow minors convicted of murder to be executed once they turn 18, the HRCM called on the state to “abolish death penalty for minors.”

“The age of criminal responsibility is 15 years and minors can be held for hadd offence,” the report explained.

“Bills such as Criminal Procedure Code, Evidence Bill and Witness Protection needs to be enacted and state is yet to establish an independent forensic institution to provide accurate information to make an impartial decision on matters concerning administration of death penalty.”
Likes(0)Dislikes(0)

Maamigili Airport returns to international status

Villa Airport, also known as Maamigili Airport, has been upgraded to an international airport just 23 days after it was downgraded to domestic status.

Speaking to local news outlet Vnews, Managing Director of Villa Air Rilwan Shareef said that the airport was downgraded after the government pointed out some security concerns which needed to be addressed by the airport.

“We have been reinstated because we have addressed those issues,” said Shareef.

The downgrading of the airport coincided with Jumhooree Party leader and Villa Group owner Gasim Ibrahim boycotting the committee stage of President Abdulla Yameen’s ambitious special economic zones (SEZ) bill.

After saying that the law would enable the SEZ board “to sell off the entire country in the name of economic zones”, Gasim’s party subsequently issued a three-line whip to its MPs to support the bill.

President Yameen has denied any political motive in the downgrading of the airport stating that, even though Gasim is the biggest business man in the Maldives, “he will be equal before the government in upholding rules”.

Likes(0)Dislikes(0)

Mohamed Saleem appointed as deputy prosecutor general

Mohamed Saleem has been appointed as deputy prosecutor general at a meeting held at the Prosecutor General’s Office today.

He was appointed to the position by the current prosecutor general (PG) , Muhthaaz Muhzin.

Mohamed Saleem, who has been a staff of the PG’s Office for six years used to be the head of the prosecution department of the office. After completing his Master’s Degree in Law in New Zealand, Saleem has been working in related fields for eight years.

The former deputy PG, Hussein Shameem, resigned in May after accusing the Criminal Court of obstructing justice. Shameem had been holding the position of acting PG since the resignation of former PG Ahmed Muiz in November 2013.

Likes(0)Dislikes(0)

MMPRC to host UK journalists in October

The Maldives Media and Marketing and PR Corporation (MMPRC) will host a familiarisation tour for UK journalists between October 10 and 15.

“The main objective of this FAM trip coordinated by the Maldives Marketing and PR Corporation in collaboration with McCluskey International (official PR representative Maldives in UK) is to allow journalists from a vast range of media to experience the Maldives tourism product and in line generate positive publicity to the destination,” read an MMPRC press release.

The corporation also announced earlier this month that it was launching a global advertising campaign with the BBC, running throughout September and October, which would target regional markets in Europe, Asia Pacific, South Asia, Middle East, America and North Africa.

Next month, UK journalists from four five magazines will be hosted in Four Seasons KudaHuraa, Anantarah Kihavah, and Traders Hotel in Malé.

Visitors from the UK to the Maldives currently account for 7.4 percent of market share, making it the third largest source market behind China and Germany.

During the visit of Chinese President Xi Jinpeng earlier this week, President Abdulla Yameen said that he hoped to increase Chinese tourists – who already make up 30 percent of all arrivals – three fold over the next four years.

Likes(0)Dislikes(0)

Doctors sent to all islands except three, says acting health minister

Arrangements have been made to send doctors to all inhabited islands of the Maldives with the exception of three islands, acting Health Minister Colonel (Retired) Mohamed Nazim has said.

Speaking at a ceremony held at the health ministry yesterday to sign agreements for building health centres in two islands, Nazim said medical officers would be sent to the three islands – Meemu Rainmandhoo, Meemu Veyvah, and Laamu Mundoo – as soon as accommodation was arranged.

Nazim said ensuring the presence of a medical officer in each inhabited island was a significant achievement and that progress has been made in the health sector in recent weeks.

Likes(0)Dislikes(0)

Man sentenced to six years in prison for stealing rihaakuru bottles

The Criminal Court on Monday (September 15) sentenced a 43-year-old Maldivian man to six years in prison for stealing three bottles of rihaakuru (a thick brown fish paste) from the local market in Malé.

Ahmed Riyaz, from Henveiru Yaaru, was accused of stealing the three bottles from stall number 39 at the local market in the early hours of the morning on March 4. Each bottle was worth MVR250 (US$16).

Riyaz was found guilty based on eyewitness testimony and sentenced to six years imprisonment as it was the sixth time that he had been convicted of theft.

Likes(0)Dislikes(0)

Arabbiya School to teach grades 4-12 in Arabic

The Ministry of Education has held discussions on teaching grades four through 12 at the Arabbiya School in Malé in Arabic medium, reports newspaper Haveeru.

The government-run school currently teaches in both English and Arabic as the medium of instruction.

State Minister Adam Shareef Umar – who is also in charge of the national institute of education – told the local daily that meetings have been held to discuss the change.

If the decision is finalised, grades four to six would be taught exclusively in Arabic and with the exception of the English and Dhivehi subjects, all other subjects would taught in Arabic for grades seven through 12.

Students in grades one to three would be taught in both languages. The state minister explained that it would allow students to transfer to other schools after grade three if they choose without difficulties in transition.

An official from the school – which currently has about 900 students – said that teaching in two languages affected learning and grades.

The government is meanwhile planning to change two other schools – the Addu Nooraanee School and a designated school in the north – to the Arabic medium.

Likes(0)Dislikes(0)