Day: April 26, 2015

Riot police conduct training exercises ahead of May Day rally

Specialist Operations (SO) police officers have conducted training exercises ahead of an anti-government mass rally on May 1.

The opposition alliance, made up of the main opposition Maldivian Democratic Party (MDP), the Adhaalath Party (AP) and leaders of business tycoon Gasim Ibrahim’s Jumhoory Party (JP), expects at least 25,000 people to take part in the May Day protest.

MDP vice president Mohamed Shifaz told Minivan News that the alliance does not expect a heavy-handed crackdown from police.

“We are not talking about overthrowing the government on May Day. We want an end to the brutality shown against Maldivian citizens by president [Abdulla] Yameen’s government,” he said.

Leaders of the opposition alliance have been traveling across the country in recent days, holding rallies and urging opposition supporters to converge on the capital on May 1.

Last week, tourism minister Ahmed Adeeb challenged the opposition to a confrontation on May Day, prompting fears of a stand-off and civil unrest.

Opposition leaders have said the mass rally will force president Yameen to “come to the negotiating table” and discuss the release of imprisoned ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim.

The SO training meanwhile took place on the island of Feydhoo Finolhu during the weekend and involved exercises on controlling protests.

Police said the first round of the training session has concluded and all SO officers and other officers transferred to the department participated in the exercises.

Similar exercises were carried out with stun guns and grenades ahead of an MDP-JP mass rally on February 27.

In a sermon in Malé on Thursday night – attended by senior members of the allied parties – head of the AP’s religious scholars’ council, Sheikh Ilyas Hussain called on the police and military not to “brutalise” any Maldivian citizen.

Ilyas urged police to disregard orders from superiors to use force against the public.

Meanwhile, speaking at a futsal stadium opening event in Lhaviyani Naifaru on the same night, Adeeb said the current government cannot be overthrown through street protests.

The deputy leader of the ruling Progressive Party of Maldives said only 60 or 70 people were taking part in the nightly protests.

The opposition alliance “cannot do anything,” he said.

In response, Shifaz said today that the rally on February 27 had considerably more than 60 or 70 people.

“We are doing what an opposition party is supposed to do,” he said.

Shifaz said it was inappropriate for a minister to mock and challenge the opposition.

He suggested that Adeeb and other senior government officials were “unfamiliar” with the new democratic constitution and multi-party democracy.

“We were there even at the start of the work and awareness of democracy. Maybe Adeeb is too young to be familiar with ruling through a democratic system and the constitution. How can such people rule the country?” he asked.

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Prominent historian Shafeeq passes away

A prominent historian and writer, Ahmed Shafeeq, passed away on Friday after battling a long illness.

Shafeeq was 87-years-old and leaves behind 12 children. He wrote numerous books, earned national literary awards, and had served as atoll chief and member of parliament.

In his last book titled ‘A day in the life of Ahmed Shafeeq,’ he alleged that 111 people had been killed during ex-president Maumoon Abdul Gayoom’s 30-year reign.

Gayoom successfully sued Shafeeq for defamation and the civil court in July 2012 ordered the writer to pay MVR5,000 as compensation.

Shafeeq was held in solitary confinement for 83 days in 1995 together with three other writers, including Hassan Ahmed Maniku, Ali Moosa Didi and Mohamed Latheef.

Shafeeq contended that 50 of his diaries containing evidence relating to the deaths of the 111 Maldivians were confiscated during a raid by 15 armed men. He was ultimately released by Gayoom without charge, and was told by the investigating officer to write a letter of appreciation to the then-president for the pardon.

After Gayoom declared that he will sue Shafeeq in late 2010, then-president Mohamed Nasheed said police will investigate the claims of 111 custodial deaths.

Nasheed had said that Gayoom alone could not be blamed for all the human rights abuses that occurred under his watch.

“It was not done by him alone. It was a whole system that did it. It was Dhivehi tradition that did it. It was Dhivehi culture that did it,” he said.

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New city council office infested with rats and fungus

New office space offered to Malé city council office by the government is infested with rats and fungus, says deputy mayor Shifa Mohamed.

The housing minister ordered the opposition-dominated council last week to vacate the city hall building at Galolhu Billoorijehige and move to smaller offices at the Huravee building within seven days.

Shifa told Minivan News today that the council has shared numerous concerns regarding safety and hygiene with the civil service commission.

“There is fungus on the walls of the building. The building has a pungent smell and there are rats and rat holes everywhere,” she said.

Nearly 60 civil service staff at the council have filed a petition at commission, saying the building is unfit for office work.

The city hall takeover was the latest incident in a long-running power struggle between the ministry and the council. Earlier this year, the ministry transferred a third of the council’s employees to the ministry.

Shifa said the council has asked the ministry for an extension of the seven-day deadline for the move, but is yet to receive a response.

“The ministry is not responding to any political staff at the city council,” she said.

Services provided to the public could be interrupted if the ministry does not grant an extension, she added.

Local media observed cracks on the walls, several rat holes and waste leaking onto the carpet floor of the new office.

Civil service commission president Dr Mohamed Latheef declined to comment on the state of the building until the council officially requests for assistance.

“We do not want to get involved with the matter,” he said.

However, he assured assistance and an inquiry as soon as the council officially files a complaint.

The letter evicting the council from city hall was signed by acting housing minister Thoriq Ibrahim.

The ministry also ordered the council to hand over the compound building the Billoorijehige building and the local market.

Thoriq said the cabinet had decided on April 19 that the building was better suited for government offices.

The housing ministry did not consult the council on the issue before the decision, and Shifa claimed the lack of communication “was enough proof that the cabinet’s decision was political.”

In November last year, the council was shut down after police confiscated several hard drives and documents saying the council was using the documents to gain “unlawful advantages.”

In October, masked individuals wielding machetes uprooted all of Malé City’s Areca palms. When the council attempted to replant the trees, the cabinet announced the council no longer had power over the city roads.

Shifa has previously suggested that the government was ‘destroying decentralisation’ after the housing ministry seized numerous plots of land from the council including two parks, the artificial beach, the carnival area, the south harbour area, Usfasgandu, Dharubaaruge, and the area near the T-Jetty.

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Legal status of penal code thrown into doubt

The new penal code is now in force despite parliament delaying its enforcement to July 16, the state human rights watchdog and prominent lawyers have contended .

A provision for postponing implementation of the new penal code was included in an amendment bill passed on April 12, a day before the new law was due to come into force.

The new penal code was ratified on April 13, 2014 with a one-year period for preparation.

The bill changed the date of enforcement from April 13 this year to July 16.

However, the bill stated that the amendments – including the provision for postponement – “will come into force starting from July 16, 2015.”

The provision for postponement was therefore inconsequential as it has not become law, the Human Rights Commission of Maldives (HRCM) and lawyers Maumoon Hameed and Shaheen Hameed argued.

By following the old penal code, Maumoon Hameed said the state is presently enforcing “a law that does not exist.”

The HRCM wrote to the attorney general and prosecutor general last week seeking clarification of the legal dispute, saying it is unclear which criminal law the police, prosecutors, and courts are presently following.

The commission said it was “extremely concerned” about resulting human rights violations in the investigative and judicial processes.

Prosecutor general Muhthaz Muhsin told Minivan News that “as a common rule the old penal code would be in force now”.

“I cannot say anything specifically about the issue until the office has responded to the HRCM’s letter. Also, it is not my role to criticise laws but rather uphold it,” he said.

Former Chief Justice Ahmed Faiz meanwhile dismissed the legal questions surrounding the penal code as an unjustifiably narrow approach in interpreting the law.

He said the “amendment makes it clear that the new penal code will come into effect starting July 16.”

“The amendment will also become part of the law. So the penal code now states the date it would come in to effect. We cannot simply single out one article and interpret the whole law. I think it’s quite clear,” he told Minivan News.

However, lawyers Maumoon Hameed and Shaheen Hameed insisted that the new penal code has replaced the old law.

There are presently no obstacles to enforcing the new penal code, Maumoon Hameed told Minivan News today.

“The new penal code states the old law would be dissolved when the latter law comes into effect. So I believe that the state is implementing a law that does not exist,” Hameed said.

Shaheen Hameed, former deputy speaker of parliament, also said he believes “the new penal code is in effect now”.

The current penal code was adopted in the 1960s and has been widely criticised as outdated, draconian and unsuited to the 2008 constitution.

The main opposition Maldivian Democratic Party had said the postponement was a “politically motivated attempt to continue using the current penal code as a means to harass and intimidate the opposition.”

Under the new code, the punishment for protesters who do not have a criminal record will be less severe as judges are required to take mitigating factors into consideration under new sentencing procedures.

However, the ruling party said more time was needed to raise public awareness and address concerns of religious scholars.

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Government accuses Amnesty of colluding with MDP to tarnish Maldives’ image

The government has accused Amnesty International of tarnishing the Maldives’ image in collusion with the opposition, dismissing its concerns of a crackdown on human rights as “preposterous fabrications with zero truth”.

Amnesty’s observations of a “rapidly deteriorating” human rights situation are “fallacious”, contended foreign minister Dunya Maumoon, accusing the organisation of seeking to “undermine and defame the Maldives judiciary and its national institutions.”

“The general human rights situation in the Maldives has been improving steadily especially following the reform agenda launched in 2004 leading to the ushering in of a modern constitution in 2008,” she insisted in a statement on Friday.

“Additional impetus has been seen during President [Abdulla] Yameen’s government in terms of promotion and protection of human rights.”

The enactment of 18 pieces of legislation under the current administration is “an unparalleled record in the history of the Maldives,” she added.

Amnesty had said in a report last week that the government is cracking down on peaceful protests, stifling dissent, and “abusing the judicial system” to imprison opposition politicians.

“Ludicrous”

Amnesty’s allegation of police attacking peaceful protesters “is ludicrous and an absolute lie”, Dunya said.

The nightly anti-government protests staged by the opposition coalition in the capital “attract an extremely small crowd, and the police are able to control the protest well and ensure peace and security for all citizens of Malé.”

“The opposition MDP have however, by contrast, in the past been responsible for systematic acts of arson and other violent acts,” the ministry claimed.

MDP spokesperson Imthiyaz Fahmy told Minivan News today that Dunya was speaking on behalf of the Gayoom family. Dunya is the daughter of ex-president Maumoon Abdul Gayoom and niece of president Yameen.

“Foreign minister Dunya Maumoon sounds like North Korea when she keeps rejecting any concern raised by any international organisation, be it Amnesty, the Commonwealth, European Union, United Nations or even concerns raised by friendly countries,” he said.

“This says it all. The government has no intention at all to protect human rights in the country and come into line with the internationally recognised standards.”

Engagement

Amnesty’s briefing report titled ‘Assault on civil and political rights’ was released after a delegation conducted a fact-finding mission in the Maldives from April 17 to 22.

The delegation said it sought meetings with government officials and a visit to Dhoonidhoo detention centre to meet ex-president Nasheed, but the foreign ministry offered to facilitate the meetings in May.

However, Dunya said the delegation visited the Maldives on April 27 despite a mutual agreement to schedule a visit for May and “choose to meet with only officials and supporters of former President Nasheed’s opposition Maldivian Democratic Party (MDP).”

The ministry said it has facilitated visits to Nasheed in prison by the International Committee of the Red Cross, the Commonwealth, and the Office of the High Commissioner for Human Rights. 

“The government of Maldives maintains its engagement first policy and continues to hold constructive dialogue with its international partners, including international non-governmental organisations that are serious about and value such dialogue,” it said.

“Sham trial”

After launching the briefing at a press conference in Delhi last Thursday, Abbas Faiz, Amnesty International’s Maldives researcher, said Nasheed’s imprisonment “came after a sham trial.”

“It is disturbing how far the Maldives government has co-opted the judiciary as a tool to cement its own hold on power,” he said.

Nasheed was sentenced to 13 years in prison last month after a 19-day trial widely criticised by foreign governments and the UN for its apparent lack of due process.

However, the foreign ministry said Amnesty’s accusations about Nasheed’s trial are “without any basis.”

Nasheed was sentenced for the “abduction and enforced disappearance” of criminal court chief judge Abdulla Mohamed in January 2012.

“President Nasheed has been tried, convicted and sentenced for this heinous crime as per Maldivian laws,” the ministry said.

“His rights were assured to him and he chose not to appeal the verdict or sentence of Criminal Court. Amnesty through its baseless allegations once again seeks to undermine and defame the Maldives judiciary and its national institutions.”

Amnesty had said it “welcomes the investigation of alleged past human rights abuses committed in the Maldives, but the organisation remains concerned that the case pursued against Mohamed Nasheed was politically motivated and selective” as human rights abuses under both the current and previous presidents remain unaddressed.

“Amnesty International is also concerned that the outcome of the trial appeared to have been predetermined to procure a conviction against Nasheed even before the trial began,” the briefing stated.

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