Month: October 2014

UK police to investigate death threat sent to former President Nasheed

No additional reporting by missing journalist Ahmed Rilwan

Former President Mohamed Nasheed has lodged a complaint with the counter terrorism command of the Metropolitan Police Service in the United Kingdom following a death threat sent to his phone.

The former president’s office revealed in a statement yesterday that the case was filed on Friday (October 3). The opposition leader is currently in the UK to attend the Conservative Party Conference.

“This threat is one of a line of threats from Islamist extremists,” reads the statement.

“The latest threat follows on from an attack upon the headquarters of the Maldivian Democratic Party [MDP] and an attack upon President Nasheed’s home in the Maldives.”

Shortly after midnight on September 26, the MDP’s office was set on fire following two consecutive nights of vandalism of the main opposition party’s office and numerous death threats sent from unlisted numbers to MDP MPs, the party’s senior members and dozens of journalists.

On the same night, the door of former MDP MP Hamid Abdul Ghafoor’s residence was set ablaze whilst crude oil was thrown on Nasheed’s residence the previous night.

The statement from the former president’s office accused Maldivian police of not making “any moves to investigate these crimes” to date.

“President Nasheed has reiterated his concerns of growing fundamentalism and intolerance in the Maldives and more recently an attempt by Islamists to use criminal gangs to pursue crimes of this nature. Currently Maldivian Police appear unable to act to protect the lives of Maldivians. This issue of terrorism cannot continue to be ignored,” the statement read.

The UK police are investigating the death threat to trace its origin, the statement added.

“The information shared by UK police so far is that the texts received from the ‘private’ number are threats sent through Cardboardfish.com,” Nasheed tweeted today.

An IT expert with experience in the telecommunications field told Minivan News in August that it would be difficult to identify the culprit if the text messages were sent through an online mass text message service.

“Unless it came from a local IP address it would be almost impossible to trace it back. If they used anonymous proxy servers to send the texts it could be traced back to the SMS gateway, but no further,” he said

Nasheed previously revealed on Twitter that Eid greetings were sent to his phone from the same number that sent the death threat.


Radicalised gangs

Prior to departing for the UK, Nasheed told reporters that radicalised gangs were behind the recent “atrocities” in the capital, noting that extremist religious indoctrination of youth was a relatively recent phenomenon in the Maldives.

“In my view, one of the most important reasons the government has to think deeply about this is because certain people are instilling their interpretation of Islam in the hearts of the boys in these gangs,” he contended.

Nasheed claimed that many young men from criminal gangs were seen in a protest march held in Malé on September 5 with participants bearing the militant organisation Islamic State (IS) flag and calling for the implementation of Islamic Sharia.

Of the approximately 150 participants, Nasheed claimed most were “active in gangs.”

“So youth in gangs are turning to ISIS [Islamic State of Iraq and Syria] ideology. That activities of ISIS are happening in the Maldives is becoming very clear to us. And while this is happening, the government is unable to stop gang activities,” he said.

Meanwhile, MDP MP Imthiyaz Fahmy told Minivan News last month that death threats have become too commonplace to publicise each incident.

Following a rally in September, MDP MP Eva Abdulla received a text message threatening a suicide attack at the next MDP gathering. The message threatened to “kill off” MDP members and vowed to “fight to the last drop of blood.”

Several journalist were also sent a text message warning them not to cover “the incidents happening in Malé now.”

“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 the threat.

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Law and gender ministry threatens legal action against extremist practices

No additional reporting by missing journalist Ahmed Rilwan

The Ministry of Law and Gender has warned it would take legal action against extremist practices such as unregistered marriages and refusal to vaccinate or send children to school.

The ministry revealed in a press statement on Thursday (October 2) that the number of such cases brought to its attention by various state institutions was on the rise.

Legally unrecognised marriages and refusal to vaccinate or send children to school were criminal offences under child protection, family, public health, and religious unity laws as well as the penal code, the statement noted.

“As upholding the society’s interests is a responsibility of the state, we inform and announce that henceforth the relevant state authorities will be taking legal action against those who commit the aforementioned crimes,” the ministry warned.

Healthcare and education for children were also fundamental rights guaranteed by the Constitution, the ministry noted, and were not left to the discretion of parents.

Moreover, assuring the rights was a legal obligation of both the state and legal guardians, it added.

Children born of unregistered marriages pose several problems such as establishing legal guardianship and determining child care payments in the case of divorce, the ministry said.

Unregistered marriages

In its Universal Periodic Review (UPR) submission to the UN Human Rights Council, the Human Rights Commission of Maldives (HRCM) referred to an estimate from the education ministry in a 2011 assessment by the HRCM on child participation concerning the number of children whose parents refuse to send them to school.

“There are roughly 400 children being withheld from attending school by their parents due to religious beliefs,” reads the section titled ‘religious extremist ideologies.’

The report also observed that children born out of wedlock faced discrimination.

“Paternity testing is not admissible evidence in court and such a child would be denied father’s name, inheritance and child maintenance,” it stated.

The UPR report also referred to “reports of unregistered marriages encouraged by some religious scholars claiming that registering marriages with the courts are un‐Islamic and unnecessary.”

“State institutions acknowledge this information and raised concerns that children born to such marriages could face serious legal issues. Similarly women in such marriages are bound to face social and legal consequences,” the report stated.

In April, the Family Court announced it would not be registering marriages performed by individuals without the court’s involvement.

The court noted that it could not accept cases related to divorce or other disputes if marriages were not registered officially.

Marriages performed outside the Maldives are registered by the Family Court upon submission of legal documentation.

The penalty for violating the Family Act is meanwhile a fine of up to MVR1,000 or banishment to another inhabited island for a period less than six months.

The court had raised the issue of unregistered marriages in 2010 as well.

Religious extremists in the Maldives have both endorsed and performed such marriages, claiming that even private, out-of-court marriages should be treated as legal as long as the minimum Shariah requirements for marriage are met.

Some cases of out-of-court marriages include child marriages, which are to a large extent illegal in the Maldives.

Family Court Chief Judge Hassan Saeed said in April that there was no basis in Islamic Sharia to argue that officially registering marriages was not a legal requirement.

“You cannot say it is okay to perform a marriage hiding inside a room with two random witnesses [to whom] you give some treat,” he told local media.

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Police deny arresting worshippers at Dharumavantha mosque

No additional reporting by missing journalist Ahmed Rilwan

Police have denied arresting six men yesterday from an independent prayer congregation at the Dharumavantha mosque in Malé, despite media reports to the contrary.

“Reports in some media [outlets] about police arresting people who performed Friday prayers in an independent congregation at the Dharumavantha mosque [on October 3] were published irresponsibly in an attempt to mislead the public,” police insisted in a press release yesterday.

On Wednesday (October 1), police arrested a 34-year-old man for leading an independent prayer congregation and delivering unauthorised Friday sermons at the mosque.

The Imam was taken into custody with an arrest warrant on charges of “attempting to incite religious strife and discord” and leading prayers without authorisation from the Islamic ministry in violation of the Protection of Religious Unity Act of 1994 and regulations under the law.

Police stressed in yesterday’s press release that no further arrests have been made.

“And no one has been summoned to the police headquarters for questioning concerning this case,” police said

Police were not active in the area and no attempts were made to prevent the independent congregation from performing Friday prayers, the press release stated.

Local media reported eyewitness as saying that the Friday prayer was led by former opposition Maldivian Democratic Party (MDP) MP Mohamed Rasheed ‘Kubey’ while a loudspeaker or megaphone was provided by Dhivehi Rayyithunge Party activist Mohamed ‘Eagle’ Shareef.

Both Kubey and Shareef have reportedly been attending the mosque regularly for Friday prayers.

A member of the independent congregation told online news outlet CNM that the mosque’s sound system has not been seen since the Imam was arrested.

“Today the govt acted against radicals but MDP stepped in & helped them spread their message. I thought we were together in this fight,” Home Minister Umar Naseer tweeted late afternoon on Friday.

“MDP will have to decide whether to be with us or with them,” he added.

MDP Chairperson Ali Waheed was not responding to calls at the time of press.

At a press conference last month, Naseer revealed that efforts were underway to stop the independent congregation gathering at Dharumavantha mosque.

“Putting a stop to it is not just physically going there and stopping them sometimes with shields. Due to the nature of the [issue], we want to advise them and explain to them how it is in religion,” Naseer said.

The Islamic ministry had summoned members of the separatist prayer group and conducted “one-to-one” counselling sessions, Naseer revealed.

“Unless all these efforts fail, we will not use the force of law,” Naseer said.

Religious unity

Police noted in a statement last week that the Dharumavantha mosque was not among mosques designated in Malé for Friday prayers.

“And those delivering sermons and issuing fatwas there have not sought authorisation from the Islamic ministry,” police said.

Under the religious unity regulations enacted in May 2010, permission and written approval must be sought from the Islamic ministry to preach, give sermons and issue religious edicts in the Maldives.

Scholars seeking a license to preach are required to have at least a first degree in religious studies from an institution recognised by the government.

In April, President Abdulla Yameen ratified amendments to the Religious Unity Act – which came into force mid-July – outlawing independent or unauthorised prayer congregations.

The penalty for violations of either the law or the regulations is a jail sentence of between two to five years.

In February this year, the Malé City Council posted a notice on the Dharumavantha mosque stating that it would be temporarily shut down at the request of the Ministry of Home Affairs.

The prayer group had been described as “extremist” by Islamic Minister Dr Mohamed Shaheem Ali Saeed.

However, the congregation gathered for prayers the next Friday and prayed for God to destroy the government as well as for victory against the “irreligious” government that was attempting to “obstruct the spreading of Allah’s message”.

The Imam also prayed for God to destroy and send his wrath upon military and police officers who implement the government’s orders.

Despite the notice, the group continued to gather for prayers at the mosque and conduct Friday prayers every weekend at a time earlier than the time set by the Islamic ministry.

Local media reported last month that the Dharumavantha mosque’s Imam accused the government in a Friday prayer sermon of declaring “war” against the congregation.

A prayer was also offered against the government’s alleged efforts against the “true invitation” and for Allah to strike fear into the hearts of police and army officers who might be used stop the unauthorised congregation.

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Police, Criminal Court exchange blame over release of alleged drug traffickers

The Maldives Police Service (MPS) and the Criminal Court have blamed each other for the release yesterday (October 3) of two suspects arrested on charges of drug trafficking.

The two suspects were taken into custody on Thursday (October 2) after about 1kg of drugs were found in their possession. The pair were reportedly arrested after they loaded a vegetable box containing the drugs into a car upon arriving in Malé from the airport.

According to local media, the suspects were released because they could not be brought before a judge for extension of remand detention 24 hours after the arrest.

The justice building was closed when police took the suspects to the Criminal Court on Friday and the 24-hour period elapsed at 1:30pm.

Under Article 48 of the Constitution, judges must determine the validity of detention with 24 hours of an arrest and decide whether or not to authorise pre-trial detention.

An official from the Criminal Court’s told local media that police were informed in writing that the court would open at 2:00pm on Friday.

If police were aware that 24 hours would elapse before then, the official said police should have brought the suspects to the court on Thursday.

Aside from confirming the release of the suspects, police have declined to comment on the incident.

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JSC lawyer election scheduled for October 30

An election for a lawyer to represent the legal community on the Judicial Service Commission (JSC) watchdog body has been scheduled for October 30, the Attorney General’s (AG) Office announced on Thursday (October 2).

Interested candidates were invited to submit applications before October 16.

In mid-August, the AG Office postponed the election for a second time after the Supreme Court struck down section 11(a) of the regulations enacted for conducting the polls, which states that polling mechanisms would be established on inhabited islands with at least five registered voters.

The apex court had declared that all licensed lawyers eligible to vote in the elections – including magistrates of island courts – should be able to do so anywhere in the country without registering.

The order prompted the AG Office to repeal the procedural regulations as the “essence” of the annulled clause was assuring “secrecy of the ballot”.

The AG Office said last week that new regulations (Dhivehi) have since been formulated in line with the Supreme Court order (Dhivehi). Lawyers and magistrates in other islands would be able to vote via fax from a polling station arranged by the AG Office.

Once the faxed ballot paper with the name, signature and fingerprint of the voter is received by the AG Office, an election official at the office would omit the section with the name and cast the ballot into a ballot box in Malé.

The election was first delayed in July after Gaaf Dhaal Fiyori Magistrate Abdul Razzak Mohamed filed a case at the Civil Court seeking annulment of section 11(a) of the procedural regulations.

After issuing a stay order postponing the election pending a judgment, the Civil Court ruled in late July that annulling the requirement would violate the secrecy of the ballot.

Judge Ali Rasheed Hussain noted that allowing voting mechanisms on islands where only one lawyer casts a ballot would compromise secrecy.

Along with former Deputy Prosecutor General Hussain Shameem, the three other candidates that have been stood for the election were Anas Abdul Sattar, Mohamed Faisal, and Latheefa Qasim.

After withdrawing his candidacy, lawyer Mohamed Fareed objected to judicial interference in the election following an earlier Supreme Court’s ruling allowing all licensed lawyers, including sitting MPs and judges, to vote in the election.

“The belief that an election in the Maldives may proceed without Supreme Court interference is against the facts, reality. This is the reality now,” he said at a press conference.

Had voting mechanisms been set up on every island, magistrates would have been forced to vote for the judiciary-backed candidate Latheefa Qasim, he suggested.

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Six arrested in connection with assault

Police arrested six men in connection with a violent assault in the artificial beach area of Malé around 2:50pm yesterday (October 3).

The six suspects in custody include two men who sustained injuries in the assault, police said, who were arrested following treatment at the ADK hospital.

Eyewitnesses told local media that the assault occurred when a man wearing a mask and carrying a machete knife entered the Dine-more restaurant.

Shortly thereafter, he was chased out by four men, who followed him into the Shawarma cafe on Majeedheemagu. Equipment and property at the cafe were damaged in the altercation.

Police said the suspects were arrested from the scene of the crime.

While two stabbing incidents occurred last week, a spate of violent assaults in the capital in August – which police said was a series of gang reprisals – saw two young men stabbed to death.

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Centre for Law and Democracy suggests Maldives failing to protect journalists

The Centre for Law and Democracy (CLD) has accused the Maldives of failing to protect journalists following recent attacks on media and the disappearance of Minivan News journalist Ahmed Rilwan.

In an open letter to President Abdulla Yameen, the Canadian Human Rights NGO described Rilwan’s disappearance 55 days ago as fitting into “a broader pattern of violence and intimidation directed towards the media in the Maldives”.

“CLD calls on the government of the Republic of Maldives to do everything within its power to rescue Mr. Rilwan and to bring the perpetrators of this and other crimes against the media to justice,” wrote CLD Executive Director Toby Mendel.

Rilwan was last seen in the early hours of August 8 travelling home, just minutes before a man was seen being forced into a car outside his apartment.

The release of a private investigation’s findings into the case last week suggested that – among a number of possible lines of inquiry – gang-related abduction was a strong possibility in the case.

Police have since arrested four men in relation to the disappearance, though no specific theories for the disappearance have yet been forthcoming from authorities.

Police Commissioner Hussain Waheed and Attorney General Mohamed Anil were both sent copies of the CLD letter addressed to President Yameen.

Taking note of the “generally deteriorating security situation for journalists in the Maldives”, the letter suggested that the country was failing to live up to its international human rights obligations.

“International human rights law places an obligation on States to create an environment in which the media can do its job effectively,” wrote Mendel.

“This includes, where necessary, providing protection for the physical security of journalists and media outlets and ensuring effective investigations of attacks when they do occur.”

The police investigation has come under scrutiny from numerous domestic and international groups for its lack of progress, while the force itself labelled the recent investigative report  “politically motivated” and “irresponsible”.

President Yameen himself has also come under attack for his failure to comment on the unprecedented case of the 28-year-old’s disappearance, with the political opposition recently urging him to take personal charge of the investigation.

Reporters Without Borders has drawn links between the attack on the offices of Minivan News last week and the release of the report. A machete was left in the door of the offices after a well-known individual – named in the report – was seen tearing down the building’s CCTV.

Minivan News has since relocated its office for security reasons.

“Attacks on the media represent attacks on freedom of expression and indeed democracy itself, since they chill the broader public discourse and hinder the ability of members of the public to obtain accurate information about the country’s affairs.”

Foreign Minister Dunya Maumoon last week joined international groups in condemning the attack on Minivan News as well as the threats received by journalists later the same day (September 25).

“Media freedom and freedom expression are fundamental human rights guaranteed under the Constitution of the Maldives and the human rights instruments that the Maldives is party to,” read the foreign ministry statement.

“At the ongoing Human Rights Council Session in Geneva the Maldives co-sponsored the resolution calling for the safety of journalist.”

Both Canada and the EU have since expressed alarm at the current human rights situation in the Maldives.

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Government to raise fees for issuing passports

The department of immigration has decided to hike fees for issuing new passports from November onward.

In a statement yesterday, the immigration department said the fee for issuing an ordinary 32-page electronic passport would be raised from MVR450 (US$29) to MVR1,000 (US$65).

While the fee for an ordinary 64-page electronic passport would be raised from MVR650 (US$42) to MVR1,500 (US$97), the fee for a non-electronic passport would be raised from MVR300 (US$19) to MVR600 (US$39).

The fees were hiked in response to a sharp increase in the cost of printing, processing and handling passports, the immigration department said.

The department revealed that more than 1,000 passports are lost and needed to be replaced every year.

The fee for replacing lost or damaged passports has also been raised. The fees were last raised in 2007.

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Man stabbed in Malé

A young man was stabbed in the Maafanu ward of the capital Malé city last night (October 1), reports Sun Online.

An eyewitness told the online news outlet that the victim was bleeding heavily after being stabbed in the back. He was rushed to the Indira Gandhi Memorial Hospital (IGMH) for treatment.

In August, a spate of violent assaults in the capital – which police said was a series of gang reprisals – saw two young men stabbed to death.

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