Month: May 2015

High Court upholds detention of MDP chairperson, Adhaalath Party leader

The High Court has upheld the criminal court’s order to hold Adhaalath Party leader Sheikh Imran Abdulla and main opposition Maldivian Democratic Party chairperson Ali Waheed in remand detention for 15 days.

However, the appellate court has released Jumhooree Party deputy leader Ameen Ibrahim from police custody, overturning the criminal court’s 15-day remand order.

The three leaders of the allied opposition parties were arrested from their homes with court warrants on the night of May 1. All three subsequently filed appeals at the high court challenging the legality of the criminal court’s remand detention orders.

The arrests followed a crackdown on the May Day anti-government demonstration. Nearly 200 people were arrested after protesters clashed with riot police.

The opposition leaders were accused of inciting violence against the government and threatening police in their speeches on May 1, which police contend led to protesters assaulting police officers, damaging property, and disrupting public order and safety.

The High Court noted in the verdict in Ameen’s case that according to police an intelligence report and an audio recording of Ameen’s speech as evidence to the criminal court.

The criminal court judge accepted the report but did not accept the CD with the recording. Police had said at the appeal hearing that the report did not have a verbatim transcript of Ameen’s speech.

The criminal court judge had not determined whether Ameen had incited violence and encourage criminal offences before deciding that he posed a danger to society, the three-judge panel of the High Court ruled unanimously.

In Ali Waheed and Imran’s cases, the High Court ruled that the criminal court order was lawful. The judges dismissed procedural issues raised in the appeal and noted that police do not have to submit enough evidence to prove guilt to be granted a request for extension of detention.

However, in Ali Waheed’s case, judge Ezmirelda Zahir issued a dissenting opinion, while judges Ali Sameer and Abdulla Hameed issued the majority opinion to uphold the lower court order.

Waheed saying that protesters must go home after freeing imprisoned ex-president Mohamed Nasheed was not sufficient to determine that he threatened police or posed a danger to society, Zahir noted in her dissenting ruling.

All three were members of the opposition ‘Maldivians against tyranny’ alliance’s steering committee, which organised the protest.

Journalists were not allowed to observe the appeal hearings under a new rule that bars media from appeals of detention orders.

The criminal court has meanwhile issued an arrest warrant for JP leader Gasim Ibrahim, who is currently out of the country. The business tycoon is accused of funding the May Day demonstration.

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LGA suspends seven councilors over May Day protest

The Local Government Authority (LGA) has suspended seven councilors who took part in an anti-government demonstration on May 1.

All seven had been arrested in a police crackdown after protesters attempted to enter Malé’s restricted Republic Square. They were suspended for two months, local media reports.

Councilors are elected for island and atoll councils for three years. There are over 1000 councilors in the Maldives.

According to the main opposition Maldivian Democratic Party (MDP), some 300 of its 450 island and atoll council members had taken part in the protest. Some 7000 people had traveled to Malé from Maldives’ remote islands for May Day, the opposition has claimed.

Nearly 20,000 protesters took part in the May Day march and demanded the release of imprisoned ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim.

Home minister and president of the LGA, Umar Naseer, has also asked the anti-corruption watchdog to penalize any councilors who had traveled to the capital on state funds.

According to the opposition coalition, 12 employees of the state were dismissed for participating in the protest.

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Police place further restrictions on opposition protests

The police have banned the use of four-wheeled vehicles in the opposition’s protests without prior permission, prompting concern over “unlawful restrictions” on freedom of assembly.

The police last week said the opposition must obtain prior permission before holding a protest despite a constitutional provision stating no prior notice is needed for demonstrations. Since a mass anti-government protest on May 1, the police have stopped any attempt at street protests by briefly detaining key figures.

In a statement yesterday, the police said the permission to use four-wheeled vehicles was set because a lorry drove at high speed into police lines on May 1 and injured police officers. The step is required for public safety and protection of private property, the police said.

The opposition frequently uses lorries at protests to hold speaker systems, and to publicly announce the opposition activities during the day. The police have previously banned the use of megaphones or speaker systems beyond 11pm.

Some 20,000 people took to the streets of Malé on May Day, after three months of daily protests over the imprisonment of ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim. The protest was organised by the Maldivians against tyranny coalition – consisting of the Adhaalath Party, the Jumhooree Party and the Maldivian Democratic Party.

Police officers used tear gas, pepper spray, baton charges and stun grenades to break up protests when protesters attempted to enter Malé’s restricted Republic Square. Nearly 200 protesters were arrested and scores were injured, including two police officers.

Speaking to Minivan News, MDP vice president Mohamed Shifaz, said the police have no authority to place restrictions on freedom of assembly.

“The police do not have the right to ask us to obtain such permissions, we will continue to exercise our rights to the fullest extent guaranteed to us by the constitution,” he said.

If a police officer is injured, the police must investigate the case, but cannot restrict the use of vehicles, he said. The police arrested the driver of the lorry used in the May Day protest. The MDP says he was severely beaten.

Shifaz also pointed out Specialist Operations (SO) officers often drive lorries at high speed at crowd of protesters to disperse them.

“The police lorry also drove in to the large crowd of people as well, the chaotic situation on May 1 was created by the police’s pre-planned decision to stop the rally at any cost. They had a zero tolerance policy,” said Shifaz.

The opposition does not condone or encourage violence, he said, adding police chief Hussein Waheed is running the police force like a political party.

However, a police media official said that the constitution does not prohibit the protection of the public. “The law does not obstruct us from protecting the citizens, these are measures we are jurisdictionally allowed to take, but we just have not taken them before,” he said.

He said the police are allowed to drive at high speed, but said the police tactics are different to that of the opposition.

“Sometimes we have to go at high speed, like we did on May 1. That does not compare to the MDP driving past an area declared beyond use by the police, which harmed some of our officers,” he said.

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President appeals for talks, no apparent change in terms

President Abdulla Yameen has called on the opposition to begin talks for the “stability and the benefit of Maldivian citizens,” but the president’s office says discussions can only be held on “lawful demands.”

The Maldives has been gripped by political turmoil over the imprisonment of ex-president Mohamed Nasheed and former defence minister Mohamed Nazim.

The president has previously described the allied opposition parties’ demands for the pair’s release as unlawful, saying they must appeal their sentences at the high court.

President Yameen stresses he has no role in Nasheed and Nazim’s incarceration, insisting charges were raised by the independent prosecutor general’s office and tried in independent courts.

Speaking to Minivan News today, the president’s office Spokesperson Ibrahim Muaz Ali said the government’s stance “has not changed,” stating: “There are boundaries and limits to everything, and in this case it is the law.”

President Yameen’s earlier refusal to substantially engage with the opposition had resulted in a 20,000-strong march in Malé on May 1. Nearly 200 people were arrested and hundreds were injured in clashes.

The leaders of the Maldivian Democratic Party, the Adhaalath Party and the Jumhooree Party were arrested shortly afterwards, and remanded for 15 days.

When asked if the president’s office was ruling out negotiations on Nasheed and Nazim’s release, Muaz said the government has not set an agenda or a representative for negotiations, but reiterated that talks can only proceed on “demands the president can meet.”

He once again said the pair must appeal their sentences, and said the president was merely repeating an earlier appeal for talks.

The opposition has previously accused the government of insincerity in overtures for talks, especially after President Yameen appointed tourism minister Ahmed Adeeb as his representative. The opposition had accused Adeeb of corruption and illicit connections with gangs and had insisted President Yameen himself must sit down with them.

Nasheed was sentenced to 13 years in jail on terrorism and Nazim was sentenced to 11 years on weapons smuggling charges. The trials have been condemned by foreign governments and international bodies including the UN for apparent lack of due process.

Nazim has filed an appeal, but Nasheed was unable to as the criminal court failed to provide required documents within the ten day appeal period, shortened by the Supreme Court a month before his arrest.

The government, however, maintains Nasheed can still appeal, but his lawyers say the Supreme Court’s new regulations are silent on late appeals.

The apex court had struck down an earlier provision giving judges the discretion to accept late appeals in the same ruling that shortened the 90-day appeal period to ten days.

Nasheed’s family has now asked the UN working group on arbitrary detention to rule his imprisonment as illegal and arbitrary.

The allied opposition parties are also calling on the government “to stop targeting” Jumhooree Party leader Gasim Ibrahim’s businesses. The tourism ministry in February slapped a US$90.4 million fine on Gasim’s Villa group, which the company insists is unlawful.

The central bank yesterday froze the bank accounts of several of Villa group’s subsidiary companies.

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Court issues arrest warrant for Gasim

The criminal court has reportedly issued an arrest warrant for Jumhooree Party (JP) leader Gasim Ibrahim.

Local media reported last night that police had sought the warrant to arrest the business tycoon over allegations of funding the May Day anti-government mass rally.

The opposition MP and chairman of Villa Group is currently out of the country.

A police media official told Minivan News that police could not reveal information on arrest warrants for specific individuals.

“But we are seeking arrest warrants related to the May Day protest,” the official said.

Nearly 200 protesters were arrested from the 20,000-strong demonstration on May 1, including main opposition Maldivian Democratic Party (MDP) chairperson Ali Waheed, Adhaalath Party leader Sheikh Imran Abdulla, and JP deputy leader Ameen Ibrahim.

The arrest warrant follows the tax authority freezing the bank accounts of several companies owned by Gasim over allegedly unpaid rent and fines. The government has, however, denied the opposition’s claim of unfairly targeting Gasim’s business interests.

A day before the May Day rally, tourism minister Ahmed Adeeb accused Gasim of funding the protest “while hiding in Bangkok” and hiring Sheikh Imran under “a contract” to topple the government.

Gasim promptly denied the allegation in a tweet. He had reportedly traveled to Thailand ahead of the protest.

Imran and the other leaders of the allied opposition parties are being held in remand detention for 15 days. They are accused of inciting violence against the government during the May Day rally.

On May 1, opposition protesters called for the release of imprisoned ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim.

JP spokesperson Ali Solih told Minivan News that the party has not been able to confirm if the warrant has been issued, but “we can’t say it won’t happen under the present circumstances.”

Solih accused the government of attempts to “intimidate” political opponents and “create fear among the public.”

He noted that Gasim’s support was crucial for president Abdulla Yameen’s victory in the 2013 presidential election.

“Is this is the reward for all the work Gasim did to bring this government?” he asked.

Following a fact finding mission last month, Amnesty International expressed concern with the “rapidly deteriorating” human rights situation in the Maldives.

“There’s a climate of fear spreading in the Maldives, as safeguards on human rights are increasingly eroded. The authorities have a growing track record of silencing critical voices by any means necessary – be it through the police, the judicial system, or outright threats and harassment,” Amnesty’s Maldives researcher Abbas Faiz told the press in New Delhi.

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“Our prayers are as powerful as swords”: Malé is calm, but anger simmers

On a rainy Sunday night, dozens of families gathered in Malé to meet with lawyers over the detention of their loved ones, arrested from a mass anti-government protest on May 1. The vast majority of the 193 detainees had never been arrested before.

Some families had travelled rough seas and weathered strong winds to come to Malé to find out the news. Lawyers passed on messages from those in custody—where keys had been left, progress on monthly rent, extent of injuries—and advised families on how they could seek redress for police brutality.

The May 1 arrests were the largest numbers detained from a single protest in a decade. Some 20,000 protesters took to the streets on May Day against authoritarianism, and called for the release of jailed ex-president Mohamed Nasheed. When protesters attempted to enter Malé’s main square at dusk, the police cracked down with tear gas, pepper spray, baton charges, stun grenades and indiscriminate arrests. Malé’s streets were empty by 1:00am, and three leaders of the allied parties were arrested.

The government declared ‘victory’ with a fireworks display and said that President Abdulla Yameen will not negotiate over Nasheed’s imprisonment.

With opposition leaders and scores of supporters still in jail, the opposition coalition’s activities have slowed. Police have prohibited gatherings beyond 12:00am, and dispersed any attempts at street protests by arresting key figures. Malé City is calm for now, but anger is simmering.

Opposition supporters remain determined to continue protests, with many saying the police brutality they witnessed on May Day only strengthened their resolve. Growing international pressure over Nasheed’s imprisonment and scrutiny of the judiciary is giving many further hopes.

Anger in Dhoonidhoo

Businessman Mujthaba ‘Muju’ Saeed, 40, was among the first 50 detainees released last Thursday. The protesters in Dhoonidhoo detention centre are angry, but remain strong, he said. “As soon as I was released, I went to the opposition rally. We are not afraid, we are angry.”

According to Muju, two ruling party supporters were also arrested; one was on his way to open a shop while the other was on his way to a safari boat where he works.

Conditions at Dhoonidhoo island detention centre are cramped, with 40 people packed into cells designed to hold just 20. Some are sleeping upright, or sleeping by the entrance to the bathrooms. Many are still nursing injuries from beatings and pepper spray. Several people who were recently released said detainees are calling for the resignation of president Yameen, police chief Hussein Waheed and tourism minister Ahmed Adeeb from their cells.

Some 116 people have now been released, and the police have asked the prosecutor general to press charges against 129. If prosecuted, many face a MVR3,000 fine or a six-month jail term. Charges range from disobedience to order to assaulting police officers.

Zahiya Abdulla, 47, and two of her sisters were also arrested from the protest. In the women’s cell, those arrested from the protest held yoga classes, and bonded with others held on charges of drug abuse and sexual offences. “No one was crying despite the physical and verbal abuse they suffered. I will always be on the front lines of the protests,” she said.

An even bigger rally

The opposition has vowed to continue protests, with Maldivian Democratic Party (MDP) MP Ibrahim ‘Ibu’ Mohamed Solih pledging to hold “an even bigger rally” by the end of the month.

“We have re-formed our ranks, and we’ve are out to go forward once again. Our resolve remains strong,” he told a thousand supporters at a rally this weekend.

At the rally, some voiced concerns over the how disorganised the May Day protest was, yet they described it as a success. A 23-year-old student marvelled at the sheer number of people at the rally: “People are aware now, they know what is going on.” A housewife said: “We came out by the thousands, we were unarmed, but they pushed us back because they had shields, batons, tear gas and pepper spray.”

Some were scared, but angry. A 62-year-old boat owner said he will march and protest as long as the police do not crack down.“But I do believe we will prevail. Our prayers are as powerful as any sword,” he said.

“We’ve been here before”

A 46-year-old, who had played a key role in organising the pro-democracy “August 12/13 protests” of 2004, told Minivan News he, too, was amazed by the numbers on May Day. He believes approximately 8,000 people had participated in the August12/13 protests a decade ago. “Now, we are seeing thousands more, women, young people, elderly, who’ve never participated in political rallies before,” he said.

The August 12/13 protests had forced then-President Maumoon Abdul Gayoom to bring in liberal reforms, a democratic constitution and hold multi-party elections in 2008.

“We’ve been here before,” MDP MP Eva Abdulla said. “The exact same situation—large numbers of people on the street, president Nasheed in jail, the same heavy-handed tactics by the government, defiance to the international community, jailing hundreds, including parliamentarians – until the point the government just couldn’t continue.”

For Eva, there is no choice for the opposition but to continue with protests. “Public opinion does not matter to this government. But we must show all observers, we, the Maldivian public are not OK with what is happening.”

The international spotlight is once again on Maldives. Calls for Nasheed’s release are growing, with several countries, including the US, UK and India slamming the Maldives’ politicised judiciary at a recent human rights council session. The EU parliament last month urged member states to warn tourists over Maldives’ human rights record, and Nasheed’s family has asked the UN’s working group on arbitrary detention to rule his imprisonment as illegal.

But the government maintains the international community cannot dictate what the Maldives must do, and the home minister Umar Naseer has vowed to keep Nasheed in jail.

Eva said President Abdulla Yameen will relent as international pressure grows: “We are absolutely and entirely dependent on international goodwill.”

Back at the meeting between lawyers and families of detainees, one woman said she will now join the opposition protests because of her resort worker husband’s arrest on May Day. She had gone by the criminal court to see if she could catch a glimpse of him at his remand hearing the next day, but instead, she was verbally abused, pepper sprayed and pushed back by police in riot gear. She said she saw police officers pepper-spraying a pregnant woman.

“I’ve never seen such brutality before. It is almost as if the police view us as their enemies. But we are the real power here,” she said.

Photo by Shaari

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Government freezes Villa accounts

The central bank has frozen the accounts of several companies owned by opposition Jumhooree Party (JP) leader Gasim Ibrahim, over a US$90.4 million payment allegedly owed as unpaid rent, fines and interest on several properties leased for tourism.

The Villa group has refused to make the payment and is contesting the tax authority’s claim at the civil court. Gasim has accused the government of unfairly targeting his business interests.

The Villa group operates businesses in shipping, import and export, retail, tourism, fishing, media, communications, transport and education. Only the accounts of companies which hold the properties were frozen. They are Villa Shipping, Villa Holidays, Gazeera Pvt Ltd and Maanenfushi Pvt Ltd.

Villa officials on Tuesday told local media the accounts slated to be frozen are empty.

But the Maldives Inland Revenue Authority (MIRA) says the government can suspend all services to the company, including customs clearance and foreign work visas, if it is unable to recover owed sums through the frozen accounts.

MIRA issued the US$90.4 million notice in February after the tourism ministry terminated agreements for several properties leased to Villa and subsidiary companies for resort development.

The move followed Gasim’s JP forming an alliance with the main opposition Maldivian Democratic Party. However, the government denies the opposition’s accusations of unfairly targeting Gasim’s business interests.

The properties at stake were leased under a settlement agreement signed with the tourism ministry on December 12, 2013, less than a month after president Abdulla Yameen took office.

Some 27 cases challenging the termination of the agreements and MIRA’s notice as well as appeals of the civil court’s refusal to grant stay orders are ongoing at court.

Villa – which won the tax authority’s “Ran Laari” award last year as one of five companies that paid the highest amount to the state – insists it does not owe any money to the state.

The notice for payment expired on April 18, but MIRA did not freeze the company’s accounts saying the move may negatively affect the Maldivian economy, local media reports.

The Villa group has previously said freezing its accounts will “send shockwaves” through the Maldivian economy.

“It is not only Villa’s shareholders’ and the company’s rights that are lost [if bank accounts are frozen]. The rights of a lot of employees who work at the company, small and medium-sized businesses dependent on this company, guests who have made bookings at our resorts, tour operators, and many other people, would also be lost,” Villa Group’s executive director Shimad Ibrahim had said.

The Villa group employs over 5,000 people.

The central bank has also frozen the accounts of JH Resorts Pvt Ltd, the Maldives Tourism Development Corporation, Asia resorts, Yacht Tours Pvt and Medhufushi and the accounts of AAA Pvt Ltd.

Since the notice was issued, Gasim has not been seen in opposition protests or made any comments over a crackdown on the opposition, including the arrest of JP deputy leader Ameen Ibrahim on May 2.

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Former MP Easa released from police custody

Former Maldivian Democratic Party (MDP) MP Ahmed Easa has been released from detention today amid allegations of mistreatment under police custody.

A police media official told Minivan News today that Easa’s family had requested permission to take the former MP overseas for a spinal cord operation. He was brought to ADK hospital for a doctor’s consultation and hospitalized last night.

The police authorised the medical leave after the family submitted a written recommendation from Easa’s doctor, the official said.

Easa was released from custody as police have determined that his prolonged detention “was no longer necessary for the investigation,” he added.

Easa was arrested from the mass anti-government protest on May 1 along with nearly 200 protesters. MDP chairperson Ali Waheed, Adhaalath Party president Sheikh Imran Abdulla, and Jumhooree Party deputy leader Ameen Ibrahim were arrested later in the night.

The three leaders of the allied opposition parties remain under police custody while most other detainees have been released.

The MDP has accused police of beating Easa and other detainees after their arrest from the May Day protest.

The human rights watchdog is investigating cases of alleged police brutality and custodial abuse.

Easa was allegedly kicked and beaten on the head with batons after he was hauled on to the police vehicle. Minivan News journalists at the scene heard Easa scream from the vehicle packed with SO officers.

Easa was limping when he was brought to the remand hearing on Saturday.

Police have denied the allegations and suggested that lawyers and families file complaints at oversight bodies such as the Police Integrity Commission and the Human Rights Commission of Maldives.

Ali Waheed was meanwhile brought to the ADK hospital in Malé for treatment last night.

Ali Waheed was reportedly taken to hospital around 6:00pm for an MRI scan of his spinal cord, which was recommended by doctors who diagnosed his back pain. He was taken back to Dhoonidhoo detention centre around 7:45pm.

His family had previously said Waheed had been brought to Malé a week after the doctor requested the scans. The family has also expressed concern with police failing to provide medication for Waheed’s diabetes.

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Islamic Ministry unveils special prayer garb for women

The ministry of Islamic affairs has unveiled special prayer garb for women today, following alleged complaints over women failing to wear the appropriate clothes at the mosque.

The new garb consists of a white burka with a large white underskirt. An un-named individual donated the first 50 pieces of clothing to the Islamic Center today.

“Sometimes, when women who go to the mosque to pray they do not wear appropriate clothes, which leads them to reveal awra. That’s why the individual donated the garbs on his own accord” said deputy minister Mohamed Ali today.

The islamic ministry plans to place similar pieces of clothing at mosques throughout the country. The mosques will be responsible for washing and laundering the prayer clothing.

Women usually pray in a separate area at mosques. At many mosques, the women’s quarters are walled off by wooden walls.

Speaking to Minivan News, deputy Islamic minister Dr. Aishath Muneeza said that the ministry had been considering placing prayer garb at mosques before the donation from a private individual.

“We receive a lot of complaints, mostly from tourists. In other countries, a lot of mosques provide prayer garbs and socks so that there is easy accessibility into the mosque,” she said.

Dr. Muneeza said it will not be compulsory for women to wear the new clothing, but said it is provided for women who may not have clothing suitable for prayer when they enter the mosque.

“For example, now very busy women can also pray at a mosque, instead of going all the way home to pray,” she said.

Photo courtesy of Raajje.mv

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