Day: May 6, 2015

Maldives judiciary hammered in UN human rights review

Countries across the world have blasted the Maldives for it’s politicized judiciary and expressed alarm over threats to journalists and human rights defenders at a UN periodic review of human rights in Geneva today.

The imprisonment of former president Mohamed Nasheed on terrorism charges was also noted with concern by Norway, Germany, the United Kingdom, Denmark, the United States, Canada and Australia.

But many countries welcomed new anti-torture laws and laws protecting migrant worker and women’s rights in the Maldives, and applauded progress in healthcare and education.

The UN’s Universal Periodic Review (UPR) comes amidst heightened international scrutiny of the Maldives over political turbulence triggered by Nasheed’s arrest in February. Hundreds were arrested this weekend in a 20,000 strong anti-government protest.

Foreign Minister Dunya Maumoon said the Maldives is training and building capacity of judges, and said criticism of Nasheed’s trial had “mainly focused on the process and not the merits.”

Many countries also slammed the Maldives for the Supreme Court’s decision to try members of the Human Rights Commission of the Maldives (HRCM) for treason over a submission to the UPR.

Despite the strong criticism, the foreign ministry in a statement tonight said the human rights council had “praised Maldives for the tremendous progress it has achieved in the promotion and protection of human rights.”

Judicial reform

Expressing concern over a “lack of respect for the most basic principals of fair trial and due process” during Nasheed’s trial, Norway called on the Maldives to release the opposition leader immediately.

Germany noted a climate of growing fear in the Maldives due to increasing gang related violence, religious intolerance, and attacks and death threats faced by journalists, politicians and civil society groups.

The UK meanwhile called on the Maldives to ensure administration of justice is “fully consistent with international human rights standards” and take urgent action to protect journalists, NGOs and to investigate and prosecute individuals behind the threats.

The UK also expressed concern over arrests of opposition leaders during the mass antigovernment protest on May 1, and called for dialogue between the government and opposition parties.

Denmark noted irregularities and rushed processes in Nasheed’s trial, and recommended the “Maldives restore confidence in its legal system by ensuring the clear and unambiguous division of powers, including the indisputable independence of its judicial processes and judges.”

The United States urged the Maldives to end politically motivated prosecutions, including the Supreme Court’s prosecution of members of the human rights watchdog.

The US said it was concerned about fair trial guarantees and said Maldives must strengthen the independence of the judiciary by reforming the process by which the judicial watchdog – the Judicial Services Commission – selects and appoints judges.

Adding its voice to calls for Nasheed’s release, Canada said Maldives must reaffirm its commitment to democracy and rule of law, and institute an independent bar association.

Meanwhile, India said the judiciary must adhere to due process to maintain public trust and said the space for legitimate political dissent must be safeguarded.

Botswana, Brazil, Argentina, Slovenia, New Zealand, Ghana, Switzerland, Italy, Ireland, South Korea, Bangladesh, Liechtenstein, Netherlands, Trinidad and Tobago, Kenya and France also spoke on the need for judicial reform.

International spotlight

Responding to criticism of Nasheed’s trial, foreign minister Dunya said the case “has highlighted the profound need to work together and strengthen oversight institutions, including the judiciary and the need to bring urgent reforms to the judiciary.”

She censured Nasheed for his decision not to seek an appeal, stating appellate courts were set in place to address shortcomings by the lower courts.

Nasheed’s lawyers had decided not to appeal after the criminal court failed to provide the necessary documentation within a shortened ten-day appeal period. The opposition leader has instead appealed to president Abdulla Yameen to reduce his sentence and release him through special procedures in the Clemency Act.

On the Supreme Court’s prosecution of the human rights commission, the Maldives representative in Geneva, Geela Ali, declined to comment, stating: “as the matter is yet to be decided, we deem it inappropriate to comment on the matter just yet.”

The charges were brought in September last year under new suo moto regulations that allow the Supreme Court to prosecute and pass judgment. The case is still pending.

Dunya said the Maldives had formulated a judicial sector strategic action plan with new benchmarks for increasing efficiency, effectiveness and public confidence in the judiciary.

“Almost everyone seems to have something to say, about what they think is good for the Maldives. As a result, every baby step that the Maldives takes is fiercely debated all over the world, including in the corridors of power in key capitals,” she said.

“It is easy to criticize, but we urge you to not only do that: invest in us, bring about meaningful change.”

She insisted Maldives’ institutions must have the space to grow organically, and said meaningful democratic change cannot be imposed. Change “can only be sustained if the change is locally owned, locally driven and locally shaped,” she said.

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New bill grants president authority to declare groups ‘terrorist organisations’

The Attorney General’s (AG) office has drafted a new anti-terrorism bill that would grant exclusive authority to the president to declare groups as terrorist organisations.

The 39-page draft defines terrorist organisations as a group of people acting as a whole, which carries out or has the purpose of destroying properties or carrying out acts of brutality.

The draft legislation proposes restricting constitutional rights upon arrest for terrorism suspects – including the right to remain silent and access to legal counsel – and criminalises flying overseas to fight in foreign wars.

Inciting violence at demonstrations and threatening the country’s independence and sovereignty will be considered acts of terrorism.

Other terrorism offences include kidnapping, abduction, hijacking, endangering public health or safety, and damaging important infrastructure. The bill specifies penalties of up to 25 years in jail.

Committing any of the offences for the purpose of creating terror among the public or promoting a political or religious ideology will also be a terrorist offence.

The bill also authorises the home ministry to carry out extensive surveillance of suspects.

Encouraging terrorism, an act which carries a 10 to 15 years jail sentence, is defined as “a speech or statement perceived by the public as encouragement of terrorism.”

Circulating messages or statements of a terrorist organisation is also a crime with a jail sentence of seven to 10 years.

A draft of the bill has been shared with the Maldives Police Service and the prosecutor general’s (PG) office.

Attorney general Mohamed Anil told CNM today that his office is seeking comments from stakeholders and that the bill will be submitted when parliament returns from recess next month.

The bill is likely to pass as the ruling Progressive Party of Maldives and coalition partner Maldives Development Alliance controls a simple majority of the 85-member house.

The PG office will have to file charges against a person suspected of terrorism within 15 days and the courts will have to reach a verdict within 30 days.

The home minister will meanwhile have powers to apply for a ‘monicon’ (monitoring and control) order to tag, intercept communications and conduct surveillance on terrorism suspects.

The minister can seek a monicon order if the suspect commits an act that endangers the community.

The minister does not have to inform the suspect and the court is not obliged to summon the suspect before issuing the order.

If a monicon order has been issued the police can order the person to live at a selected house if the suspect has multiple residences, restrict travelling and search the person, his home, suspected whereabouts on any time without an additional court order.

If the law is passed, the Anti-Terrorism Act of 1990 will be dissolved.

Former president Mohamed Nasheed and ex-minister Tholhath Ibrahim were charged under the terrorism law over the military’s detention of a judge in January 2012. The pair were found guilty and sentenced to 13 years and 10 years in prison, respectively, last month.

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Lawyers accuse police of restricting access to May Day detainees

Lawyers have accused the police of restricting access to protesters arrested from Friday’s anti-government demonstration, and raised concern over packed conditions at the detention center as well as the arrest of pregnant women, senior citizens and nursing mothers.

The main opposition party’s legal team is planning to appeal the 15 day remand detention of over 170 protesters arrested after a crackdown on the 20,000-strong protest.

“Sick people and mothers of infants should be given lighter punishments. These people are not yet convicted they are only under the suspicion of a crime,” said lawyer Fareesha Abdulla at a press conference this afternoon.

The 195 arrests made on Friday was the highest number from a single protest in the past decade.

The criminal court had granted a blanket 15-day extension of detention for 175 protesters, while 19 were released after police failed to present them at court in the 24 hours required by law.

In addition to restricting access, lawyers accused police of holding detainees in overcrowded cells with no ventilation and failing to provide medication at prescribed times.

Amnesty International’s Abbas Faiz says the human rights organization is investigating reports of failure to provide medication to a pregnant woman.

About 12 lawyers visiting the Dhoonidhoo detention centre were kept waiting for hours and were only able to meet about four or five detainees a day before having to leave at sundown, lawyers said.

“The way police have made arrangements there we have faced a number of difficulties in meeting our clients,” said Fareesha.

Lawyers also said police had initially refused to provide a list of detainees and said the legal team gathered details based on calls to the opposition Maldivian Democratic Party’s (MDP) hotline and by waiting at the criminal court for remand hearings.

Fareesha Abdulla said only one police officer handles paperwork at the Atholhuvehi custodial centre, who had to process forms from lawyers from over 170 detainees.

The police media official today dismissed the opposition’s allegations as “baldfaced lies,” insisting that cells at the Dhoonidhoo detention centre are up to standards.

MDP vice president Mohamed Shifaz meanwhile said the detainees included a number of bystanders, including a pizza delivery man, people out shopping, and students on their way to classes.

Shifaz said police were calling families of detainees and saying they did not have lawyers, while MDP women’s wing president Shifa Mohamed claimed police had offered to arrange lawyers for MVR3,000.

The police media official said families were contacted, but denied the claims of seeking money.

“No police officer would do that, we do not do business transactions here. Maybe that is something they do,” the official said.

Lawyer Abdulla Haseen meanwhile noted that the detainees were accused of “confronting police, throwing rocks and bottles, assaulting and harming police, and damaging police vehicles.”

Police had argued at the remand hearings that the detainees posed a danger to society if they were to be released from police custody.

Others were accused of not leaving the protest area despite orders by riot police, Haseen added.

The penalty for “obstructing police duty” for a first time offender was a MVR3,000 fine, Haseen said, adding that 90 percent of the detainees do not have criminal records.

The May Day detainees were treated with unprecedented “harshness” by police and the criminal court, he said, adding that the police had failed to hand over clothing and personal items provided by families of detainees.

Some detainees were still wearing the same clothes from Friday, lawyers said.

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Opposition condemns police obstruction of protests

The main opposition Maldivian Democratic Party (MDP) has accused the police of disrupting demonstrations and obstructing freedom of assembly by asking for prior notice for protests.

The opposition has continued nightly gatherings despite a crackdown on a mass antigovernment protest on May Day. Nearly 200 were arrested and scores were injured in violent clashes on Friday.

The police have now ordered the MDP to give prior notice despite a constitutional provision guaranteeing freedom of assembly without prior notice.

In a statement today, MDP said: “On May 2, the police barged into the opposition gathering and attempted to confiscate the sound system and asked to stop the gathering without giving any legal reasoning. The activity continued despite the warning.

“On May 3, the police’s special operations team again disrupted the gathering and arrested Jumhooree Party Council member Sobah Rasheed. On May 4 and 5, police disrupted peaceful gatherings. When the protest spilled onto the streets, the police arrested people indiscriminately.”

Former president Mohamed Nasheed’s running mate in the 2013 presidential polls was arrested, but was released, the party noted.

The opposition is protesting over the imprisonment of ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim.

 

Since the May Day protest, the police have stopped and confiscated the sound system used in a lorry to announce daily gatherings, the statement read. The individuals on the lorry were arrested.

The police, however, have said the MDP has rejected repeated calls for dialogue over the protests.

In a statement on Tuesday, the police insisted the opposition’s protests must not obstruct others’ rights or daily life in the capital. The MDP had provided prior notice, but had failed to act as indicated in the notices, the police said.

The MDP spokesperson Imthiyaz Fahmy said they had asked police to provide discussion points in writing prior to the meeting, but had not received a reply.

The police statement was “very irresponsible,” he said, insisting that the party has always accepted invitations to hold discussions.

“It is also very hard to attend such discussions when the party’s chairperson and president have been jailed. What discussions can we have without our leadership?” he said.

The party’s chairperson Ali Waheed, Adhaalath Party president Sheikh Imran Abdulla and JP deputy leader Ameen Ibrahim were arrested on May 2 for “intimidation.”

The MDP has now written to the Police Integrity Commission (PIC) and Human Rights Commission of Maldives (HRCM) urging the oversight bodies to ensure the constitutional right of freedom of assembly.

Freedom of expression and right to assemble are constitutional rights, the MDP said, calling on the independent commissions to investigate violations.

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State companies dismissing May Day protesters from jobs

The state owned utilities company Fenaka Corporation has dismissed two employees without notice for their alleged participation in an antigovernment protest on May Day, amidst growing concern that other state owned companies are considering similar actions against opposition supporting employees.

“The notice for dismissal I received said I had taken part in an act against the state. But my contract does not state I cannot take part in political activities,” Ibrahim Didi, a Fenaka employee told Minivan News today.

A Fenaka supervisor in Addu City, Abdulla Sodig, was accused of traveling to Malé to participate in the May Day protest and was fired.

“I was in Male’ but I did go to the protest. I have requested the company to review the situation and reverse their decision,” he said.

Nearly 200 people were arrested and scores injured when violent clashes broke out in the capital Malé.

Approximately 20,000 people took to the streets on Friday against the imprisonment of ex-president Mohamed Nasheed in the largest antigovernment protest in a decade. Two police officers were also severely beaten.

On Saturday, ruling party MP Ahmed Nihan urged the government to track down civil servants and employees of state owned companies who had participated in the protest and dismiss them immediately.

The Maldives Ports Limited (MPL) had earlier warned employees it would fire anyone seen at the May Day protest, but a senior manager Ahmed Athif said the company has not yet received any reports their employees had taken part in the protest.

 

Employees of the Maldives Customs Services told Minivan News they are being shuffled between departments due to their political views.

“We haven’t gotten direct threats or anything like that but people are being shuffled around departments because of their political views. These are acts of intimidation,” a senior officer who wanted to remain anonymous said.

He also said employees are asked to attend ruling party events even as they face reprisals for taking part in opposition activities.

“We got an internal memo asking to participate in a PPM event earlier. It said employees are advised to attend the event to show support for the ruling party,” he said.

But the commissioner general of customs Abbas Adil Riza rejected claims of intimidation.

“The customs always has and will always follow the rule of law. We will not intimidate or scare our staff,” he said.

Meanwhile, a former customs employee has said he was fired for taking part in an opposition demonstration on February 27.

“I served for 36 years in the government out of which 34 years I spent in the customs. I took part in the opposition February 27 protest and was asked to either resign or face being fired. I resigned,” he said.

In March, at least four employees of State Electric Company Limited (STELCO) and one from Malé Water and Sewerage Company (MSWC) were dismissed, and at least five were suspended from MPL over the February 27 demonstration.

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Former police chief questioned over Dr Afrasheem murder, Raajje TV arson

Former police commissioner and opposition MP Abdulla Riyaz was summoned to the police headquarters last night over comments he had made over the murder of MP Dr Afrasheem Ali and the torching of the Raajje TV studios.

Riyaz said he was questioned about remarks made in an appearance on Raajje TV on April 20.

The MP had said he would reveal information on Dr Afrasheem’s murder in October 2012 “when the time comes” and that police had been negligent in the arson attack in October 2013 that had destroyed the opposition-aligned private broadcaster’s offices.

The Jumhooree Party (JP) MP for Thaa Kibidhoo said he was asked if he had any additional information on the two cases.

“I said any information I got at the time will be with the police,” he told reporters outside the police headquarters.

Riyaz was police chief from February 2012 until his resignation in November 2013, shortly after president Abdulla Yameen assumed office.

Police accused him of disclosing state secrets or confidential information, Riyaz said, but the specific information in question was not made clear.

Riyaz stressed that he had not revealed any sensitive information during the Raajje TV interview, adding that he had faced criticism from the public for not doing so.

Explaining what he meant by revealing information “when the time comes,” Riyaz said he will answer truthfully if he is questioned at court or the parliament’s national security committee.

Police did not take his statement as he spoke “off the record” and told interrogators he would remain silent over the allegations against him.

Riyaz said he chose to remain silent because “the government is framing politicians”.

The MP said he was afraid to drive his car without checking to see if anything has been planted, he said, claiming that attempts were being made to frame him with drugs.

Riyaz has maintained that police framed ex-defence minister Mohamed Nazim, who was sentenced to 11 years in jail in March over weapons smuggling charges after police found a pistol in his apartment in late January.

He also called on police to provide updates to the public about the investigation of Dr Afrasheem’s murder, the Raajje TV arson, and the disappearance of Minivan News journalist Ahmed Rilwan.

The police summons for Riyaz came amid heightened political tension in the wake of a crackdown on a mass anti-government rally on Friday. Nearly 200 protesters were arrested after clashes with riot police in the largest anti-government demonstration in a decade.

Opposition leaders involved in organising the May Day protest, including senior members of the JP, have since been arrested. Riyaz is the deputy leader of the JP’s parliamentary group.

In December 2012, Riyaz had said that Dr Afrasheem’s murder was politically motivated with a local gang offered MVR4 million (US$260,000) to carry it out.

The late moderate religious scholar and Progressive Party of Maldives MP was brutally stabbed to death on October 1, 2013 in a murder that shocked the nation.

Hussain Humam, the chief suspect in the murder and the only person convicted of the crime so far, has alleged president Abdulla Yameen and tourism minister Ahmed Adeeb’s involvement in the killing.

However, Adeeb accused the opposition of orchestrating Humam’s remarks in a “character assassination” attempt. Humam had said at the first hearing of his appeal at the High Court last month that president Yameen and Adeeb “will know best” the details of the murder.

Former president Maumoon Abdul Gayoom meanwhile told reporters yesterday that president Yameen should sue opposition politicians alleging his involvement in the murder for defamation and strongly condemned the insinuations.

Humam was found guilty and sentenced to death in January 2014 while a second suspect charged with Dr Afrasheem’s murder, Ali Shan, was acquitted in September last year with the court citing insufficient evidence.

Shan was implicated in Humam’s confession, but the judge said several witnesses had testified that the accused was at a restaurant at the time the murder took place.

A third suspect, Azlif Rauf, who Humam said had planned the murder, left to Turkey with six members of Malé’s Kuda Henveiru gang in January.

The Raajje TV studio was meanwhile torched and completely destroyed on October 7, 2013. Suspects arrested in connection with the arson attack have yet to face trial despite CCTV footage of the arsonists.

Reporters Without Borders at the time condemned the police for failure to defend the station despite repeated requests for protection, and the forwarding of a specific threat the previous evening.

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Chinese ambassador assures assistance for police

Chinese ambassador to the Maldives, Wang Fukang, has assured assistance from the Chinese government to the Maldives Police Service.

In a meeting on Monday night with 20 police officers selected for a 20-day training programme in China, the ambassador said several training programmes for Maldivian police officers will be arranged in China.

The present trip is the second programme carried out under the ‘seminar for police officers of the Maldives’.

The training programmes were agreed upon during Chinese president Xi Jinping’s state visit to the Maldives last year, he said, adding that the close relations between the Maldives and China is friendly and strong.

He noted that China has also provided 150 motorcycles to police.

Police commissioner Hussain Waheed meanwhile thanked the ambassador for Chinese assistance, which he said is easing police efforts to ensure public order and security.

The 20 senior officers meanwhile departed yesterday for the 20-day conference at the Yunan police officers academy, during which they will be provided information about police leadership, management, combat and command.

The police officers will also visit various police stations in China and attend information sessions.

A police team visited China last year for a similar seminar and training programme.

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Gayoom denies PPM split over Dhiggaru by-election

Former president Maumoon Abdul Gayoom has denied rumours that a faction within the ruling Progressive Party of Maldives (PPM) is supporting independent candidate Moosa Naseer Ahmed in the upcoming Dhiggaru constituency parliamentary by-election.

Naseer, a Meemu atoll councillor and vice president of the Local Government Authority, had sought the ruling party’s ticket last month, but withdrew his candidacy ahead of the primary.

Gayoom’s eldest son, Ahmed Faris Maumoon, won the primary with a margin of 147 votes after competing against another Meemu atoll councillor.

Speaking to reporters yesterday upon his return to Malé after launching Faris’ campaign in Meemu atoll, Gayoom said he does not believe that senior PPM members encouraged Naseer to run as an independent.

Gayoom, leader of the PPM, said he enjoys strong support in Meemu atoll and that he expects to win the vacant Dhiggaru constituency parliament seat.

Gayoom said he was not aware that any member of PPM was working against Faris, adding that president Abdulla Yameen could not attend the campaign launching due to a heavy schedule.

Naseer was meanwhile expelled from the PPM on Monday by the party’s disciplinary committee.

PPM secretary general Mohamed Tholal told newspaper Haveeru that Naseer was dismissed for breaching the party’s charter by standing as an independent after the party chose its candidate through a primary.

Naseer had had told online news outlet CNM last week that he decided to contest as an independent at the behest of Dhiggaru constituents, who he said wanted a Meemu atoll or Dhiggaru native as their MP.

Naseer had represented Meemu atoll in the Special Majlis from 1983 to 1996 and served as the Meemu atoll member of the People’s Majlis from 1996 to 2000.

The by-election, triggered by a 25-year jail sentence handed down to former PPM MP Ahmed Nazim, is scheduled to take place on June 6.

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Cameraman ‘forced’ to erase footage of PG meeting judge

A cameraman of the opposition aligned Raajje TV was forced to erase footage of a meeting between prosecutor general Muhthaz Muhsin and criminal court judge Abdul Bari Yousuf at a café, the broadcasting commission has found.

The PG allegedly met Bari at the Café Layaali in Malé on March 8 while the latter was presiding over former president Mohamed Nasheed’s terrorism trial.

The pair have denied the meeting took place, and Muhsin has previously said he would resign immediately if the allegations are proven to be true.

Following an inquiry, the commission determined on Monday that the Raajje TV journalists “faced reasons forcing them to delete the footage.”

“As the commission saw that this was a situation that obstructed press freedom, the members who participated in the meeting to conclude this case decided unanimously to appeal to all parties to ensure that broadcasters and the media as a whole do not face such compulsion in order to maintain an environment where journalists can fully exercise the right guaranteed by the constitution and laws without fear,” reads the summary statement of the report prepared the commission.

The commission also investigated a complaint alleging that Raajje TV disseminated false information as PG Muhsin denied meeting the judge. The commission decided that the station did not violate the broadcasting code of content as it had sought comment from both Muhsin and Bari.

The meeting took place days before a three-judge panel sentenced ex-president Nasheed to 13 years in prison on terrorism charges. Judge Bari also presided over ex-defence minister Mohamed Nazim’s trial on weapons smuggling charges.

After Raajje TV reported the alleged meeting, the criminal court barred the station’s reporters from attending hearings. The court accused Raajje TV of “spreading lies about judges, meddling in judges personal affairs and engaging in actions that may harm judges.”

Muhsin meanwhile told Minivan News at the time that the judge was already at the café when he went there for a meal with family members.

However, Raajje TV insisted the pair were sitting at the same table and that Muhsin had walked away when the journalist started asking questions.

At the time, a Raajje TV staff told Minivan News that a group of young men led by Progressive Party of the Maldives MP Ahmed Assad forced the cameramen to delete the footage.

In 2013, the watchdog Judicial Service Commission suspended Judge Bari for over a year pending the outcome of a complaint lodged against him for alleged misconduct.

Although the commission did not reveal any details of the complaint, local media reported that a female attorney from the Prosecutor General’s Office had alleged that Bari had sexually assaulted her.

Bari was cleared of the allegations and resumed duty at Criminal Court on July 24, 2014.

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