Maldives should repeal the death penalty – UN Human Rights office

The United Nations Human Rights Office (OHCHR) on Tuesday voiced deep concern about a new regulation in the Maldives that effectively overturns a 60-year moratorium on the use of capital punishment in the country and allows for children as young as seven to be sentenced to death.

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

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she told reporters in Geneva.

Adopted on 27 April, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18. The age of criminal responsibility in the Maldives is ten, but for hadd offences, children as young as seven can be held responsible. Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

“According to the new regulation, minors convicted of intentional murder shall be executed once they turn 18. Similar provisions in the recently ratified Penal Code, allowing for the application of the death penalty for crimes committed when below the age of 18, are also deeply regrettable,” Shamdasani said.

Under international law, those who are charged and convicted for offences they commit while they are under 18 years of age should not be sentenced to death or life imprisonment without possibility of release, the spokesperson added.

Government support

Speaking at a press conference last week, Minister of Home Affairs Umar Naseer said the chances of killing an innocent person after completing all the procedures in the regulation – titled “procedural regulation on investigating and penalising the crime of murder” – was “far-fetched” and “almost impossible”.

With the new regulation, the president will no longer have this authority if a person is sentenced to death for murder by the Supreme Court, Naseer noted.

Although the death penalty has proven to be a contentious issue, Naseer assured the international community that the Madlives has a firm reason to continue with the ruling.

“There will be some parties who will be concerned about this. Concerned countries, concerned NGOs. Some counties are not too pleased with it [death penalty, but we will know about the issue of executing people in this country, the overcrowding of prisons in this country, how much the criminal environment is more lively in this country. And we are a hundred percent Islamic country and there are certain values that we all believe in,” Naseer said.

Meanwhile, President Abdulla Yameen Abdul Gayoom has called for the death penalty to be put into practice in the Maldives from as early as July 2013.

The half brother of former autocratic ruler Maumoon Abdul Gayoom, first told media of his “change of heart” while speaking on the program Voice of Maldives on July 22 2013.

Yameen explained that although he had not been not an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from commonplace murders that have become too commonplace.

“Murder has to be punished with murder,” Yameen said.

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Minivan News journalist among RSF’s 100 information heroes

Minivan News journalist Mariyath Mohamed has been named an “Information Hero” by Reporters Without Borders (RSF) on the occasion of World Press Freedom Day (May 3).

The 100 information heroes “are a source of inspiration to all men and women who aspire to freedom. Without their determination and the determination of all those like them, it would be simply impossible to extend the domain of freedom,” said RSF’s Secretary General Christophe Deloire.

The RSF commends Mariyath’s coverage of the growing influence of radical Islamist groups in the Maldives in the aftermath of the controversial transfer of power in February 2012.

“I feel both honoured and humbled to receive recognition of this scale. My intention has always been to bring controversial issues to the notice of the world, and prompt discussions on the issues both locally and globally. Due to the nature of the topics, there is often as much opposition, and threats, as support. I believe we cannot make a difference unless more of us take up the challenge and speak out,” Mariyath said.

During the first five months of 2013, she was constantly followed, threatened and attacked – on one occasion by men with a steel bar.

“Your sister has hanged herself and we can help you to do the same,” an anonymous letter slipped under her door in early 2013 read.

Mariyath’s coverage of a 15- year old rape victim who was sentenced to 100 lashes shocked the international community led to the sentence being rescinded.

The list of 100 information heroes comprises women and men of all ages (25 to 75) and 65 nations.

“This initiative aims to show that the fight for freedom of information requires not only active support for the victims of abuses but also the promotion of those who can serve as models,” the RSF said.

The list includes varied figures such as Anabel Hernandez, the author of a bestseller on the collusion between Mexican politicians and organized crime, Ismail Saymaz, a Turkish journalist who has been prosecuted a number of times for his reporting, and Gerard Ryle, the head of International Consortium of Investigative Journalists for contribution to the emergence of global investigative journalism.

Glenn Greenwald and Laura Poitras, US citizens who were responsible for revealing the mass electronic surveillance methods used by the US and British intelligence agencies are also named.

In recent years, Maldivian journalists have come under growing threat with two journalists surviving murder attempts in 2013 and 2012.

In February 2013, opposition aligned broadcaster Raajje TV reporter Ibrahim ‘Asward’ Waheed was nearly beaten to death, whilst the station’s offices and equipment were destroyed in an arson attack in October.

In June 2012, two men slashed freelance journalist and blogger Ismail ‘Hilath’ Rasheed’s throat with a box cutter. Hilath is currently seeking political asylum abroad.

The RSF has ranked Maldives 108 on its World Press Freedom Index in 2014, marking a decline in press freedom for the third consecutive year. Fiji, at 107, experienced a coup in 2006, and the Central African Republic, at 109, is in the midst of a civil war following a coup in 2013.

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Audit reports released in first quarter revealed illegal expenditure worth MVR2.2 billion

Audit reports released in the first quarter of 2014 reveal financial transactions worth MVR2.2 billion (US$142 million) were conducted illegally by state institutions and corporations, according to the quarterly report (Dhivehi) of the audit office made public yesterday (April 29).

In the 14 audit reports released between January and March, the auditor general recommended recovering MVR294 million (US$19 million) from the officials responsible for the illegal expenditure.

These included MVR256.9 million (US$16.6 million) worth of unpaid dividends owed by state-owned corporations, MVR1.2 million (US$77,821) paid out as allowances to soldiers studying in the Maldives and overseas in addition to their basic salary, MVR166,324 (US$10,786) owed by an atoll councillor for residing in the atoll house free of charge, MVR23,927 (US$1,551) spent on plane tickets for a minister, and several millions owed by the Works Corporation.

The 14 reports covered the financial years 2011 and 2012 for a number of government ministries and companies, including the Defence Ministry, Finance Ministry, Civil Aviation Ministry and the Works Corporation.

The quarterly report noted that the auditor general also recommended that the Anti-Corruption Commission (ACC) investigate several cases of alleged corruption and embezzlement flagged in the 14 audits, which uncovered 163 instances of illegal expenditure or violations of public finance regulations.

In an appearance on state broadcaster Television Maldives in January, Auditor General Niyaz Ibrahim asserted that releasing audit reports was “futile” as the accountability process has so far failed.

While the audit office’s role was to conduct audits and review financial statements, Niyaz noted that the office was not legally empowered to file cases at court to recover funds or hold officials accountable for lapses.

Niyaz insisted that there was no political motive behind the timing of damaging audit reports, noting that the audit office adheres to a timetable or schedule shared with a parliamentary committee.

He also assured the public that the audit office was free of undue influence from any state official.

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BML makes first quarter profit of MVR 199 million

The Bank of Maldives (BML) has published it’s first quarter results with an operating profit of MVR 199 million, an increase of 35% over the previous quarter.

Income grew by 10% and costs were controlled, the BML said.

The loan book grew by MVR 199 million in the quarter and loan book quality continued to strengthen, and deposits were up 17%, their press statement read.

Speaking on their success, CEO and Managing Director Andrew Healy stated, “we must not get carried away, however. Our Bank still has work to do to build a sustainable earnings base – much of our growth in profits over recent times has been due to loan recoveries – and we know that customer service standards are not yet at the level that we and our customers expect.”

Referring to the Bank’s IT modernisation programme, Healy continued “We are in the middle of a major IT and Training investment programme which will help transform how we deliver our services, including in the Atolls. Much of our technology was outdated and inflexible and is being replaced.”

“The changes we are bringing about will take time to bed down and there will inevitably be some disruption to services as we implement new systems over the rest of 2014. However, ultimately we will have a much better bank that is capable of meeting the highest international standards in every way”.

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Criminal Court releases 21 Anbaraa detainees

The Criminal Court has released 21 individuals arrested from a music festival on Anbaraa Island on alleged drug abuse.

Only 13 of the 79 initially detained are now in custody.

The Maldives Police Services had also released 44 individuals on Tuesday.

Detainees have accused the police of brutality during arrests including the use of batons and rubber bullets.

Opposition Maldivian Democratic Party (MDP) has said constitutional rights and human rights procedures were violated during the police raid.

However, the police have denied accusations claiming all detainees were informed of their constitutional rights, informed of the reason for their arrest and brought before a judge within 24 hours of arrest. Police also noted the raid was carried out under a court warrant.

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9.7% increase in tourists arrivals for first quarter of 2014

At the end of first quarter of 2014 tourist arrivals to the Maldives saw an increase of 9.7% compared with the same period of 2013, reaching a total of 321,561, reported the Ministry of Tourism on Tuesday.

Europe was the leading market generator taking account of 51.3% of all arrivals to the Maldives with a sum total of 321,561 tourists during the first quarter of the 2014, the report stated.

Asia and the Pacific recorded an impressive growth rate of 24.4% at the end of first quarter of 2014 bringing in additional 26,606 tourists to reach a total of 135,839. This region accounted for 42.2% of arrivals to the Maldives at the end of first quarter of 2014.

According to the Ministry, the Chinese market was increased by 24% with an additional 16,960 tourists compared with the same period of 2013.

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Malé night market to continue despite alleged corruption

The Malé night market will continue despite the Anti Corruption Commission’s (ACC) instruction not to continue with the deal, the Malé City Council has said.

Deputy Mayor Shifa Mohamed told Minivan News their legal advisors had told them that the ACC does not have the authority stop the agreement with GoMedia from going ahead.

“They asked us to stop certain things, but it has to be finalised from the court,” Shifa said.

“So according to legal officers the Supreme Court has taken a role in saying the ACC is not a place to stop any projects,” she stated.

Shifa referred to a Supreme Court verdict in September 2013 in which the apex court said the ACC does not have the authority to stop a contract between the Maldives government and a Malaysian mobile security firm Nexbis to establish a border control system.

The ACC is consequently planning to take legal action against the Council and GoMedia.

Speaking to Vnews, ACC President Hassan Luthufee said that the Go Media agreement should not be followed by any means and that the agreement’s maintenance was a direct attempt to abet a criminal offense.

“We have forwarded the Go Media case to PG (Prosecutor General) Office for prosecution. If the present Malé City Council members are speaking with this intent, we have to investigate and prosecute them as well,” Luthufee said.

Council disputes corruption allegations

The ACC had stated that the agreement made between Malé City Council and Go Media was compiled in manner that favored some parties and paved way for possible corruption.

However, Shifa yesterday stated that investigations into corruption had not been carried out sufficiently, and questioned the thoroughness of the ACC’s research.

“The Major has sent letter telling [ACC] to redo the whole investigation,” revealed Shifa.

“When the ACC started looking there was one single letter, by a single councilor. The ACC have not really gone into depth,” she added. “They need to check all the documents.”

The arrangements for the market are well underway with many of the stalls already let out to traders, and stopping the plans now could damage many small business owners, Shifa said.

GoMedia has rented out 450 stalls and three canteens at the rate of MVR 4000 (US$ 259) each.

“Small business have already bought tables,” she explained, “we should not disappoint them. We have to consider the fact that agreement was signed.”

“The ACC’s main responsibility is to check if the project is going on properly,” Shifa continued.

She explained that any grievances the ACC may have should be put forth to the Prosecutor General.

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Nasheed backs Gasim for Speaker

Opposition leader Mohamed Nasheed has declared support for Jumhooree Party (JP) Leader Gasim Ibrahim as Speaker of the newly elected People’s Majlis.

Speaking to the media following a meeting with Gasim on Monday night, Nasheed said his Maldivian Democratic Party (MDP) parliamentary group will make a final decision on behalf of the party.

“Our party will decide on this matter on discussion among its members, within the National Executive Council. Tonight, I met Gasim and we held discussions in a very friendly atmosphere. So I hope the outcome will be beneficial to both parties,” Nasheed said.

Gasim placed third in the 2013 presidential elections and successfully sought a revote. After Gasim placed third for a second time, Nasheed sought his backing for the second round. However, the JP decided to back Progressive Party of the Maldives’ (PPM) candidate Abdulla Yameen Abdul Gayoom.

On its presidential win, the PPM and JP formed a coalition – the Progressive Coalition – along with two smaller parties. The coalition fielded joint candidates in the parliamentary elections in March. The PPM won 33 seats, the JP 15 and the MDP 26.

Tension has risen within the coalition on the question of which party should control the Speaker’s position.

Nasheed told the media that he agreed to support Gasim without any conditions and that there were benefits for the MDP and the JP from supporting Gasim as Speaker.

Gasim said all parties must come together and discuss over important issues in a democracy.

He told the press he will hold discussions with President Yameen to obtain backing from the PPM for his Speaker bid.

Meanwhile, former President Maumoon Abdul Gayoom, who is also PPM’s honorary leader spoke to newspaper ‘Haveeru’ at the airport after arriving from Srilanka and said that the normal procedure followed when appointing a Speaker of the parliament in most countries was selecting someone from the party that has the most number of MPs.

Gayoom said that PPM had not decided on the issue and will hold more discussions within the party in the upcoming days.

He also said that Gasim had told him about his interest in becoming the Speaker of parliament and said that he had not agreed to it.

In March 2014, President Abdulla Yameen said that PPM will forward its own candidate for the position of speaker of the People’s Majlis.

Parliament should be an institution that “sincerely and responsibly” fulfils the duty bestowed by the public, Yameen told his supporters in speaking at a rally at the time to celebrate the Progressive Coalition’s garnering of a 53 seat majority in Majlis elections.

“For this reason, our party wants the speaker’s post in the next People’s Majlis,” he said during the rally.

Previously, local media reported PPM MP Ahmed Mahloof as saying that both he and fellow re-elected PPM MP Ahmed Nihan had pledged to support Gasim’s candidacy for speaker while negotiating during the 2013 presidential election.

Mahloof suggested that the nomination of a PPM candidate would be likely to cause a rift within the Progressive Coalition, and would be a decision he would find difficult to support

The election of the new speaker – a position that was held by the MDP’s Abdulla Shahid in the previous parliament session – is scheduled to take place through a secret ballot of MPs at the first sitting of the new session.

Majlis regulations note that the speaker “shall be the highest authority of the People’s Majlis responsible for the conduction of all matters pertaining to the People’s Majlis including the administration, the sittings and the committees of the People’s Majlis in accordance with the Constitution and the Regulations.”

The speaker is also charged with preserving “order and decorum” within the Majlis, as well as observance of the institution’s regulations.

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Police release 44 arrested from Anbaara

Police have confirmed the release of 44 individuals arrested from Anbaraa Island during a raid on a music festival on April 18.

A total of 79 suspects were taken into police custody from the island of Anbaraa in Vaavu atoll, all of whom were suspected of being under the influence of drugs, or had drugs on their person, according to police. On Tuesday (April 22) 19 women were transferred to house arrest.

After release of 44 individuals last night, there are currently 32 men still in police custody.

“We have 32 males [under arrest] , those who were in house arrest they are also released except for three,” confirmed a Police spokesperson.

“The investigation is completed now – so today some might be relsead, and some might be taken to court for extended custody,” the spokesperson added.

The Drug Enforcement Department, Specialist Operations, police intelligence department, and the forensic department conducted the operation, Satheeh told  Minivan News previously.

Upon searching the island as well as the 198 partygoers, Satheeh said police discovered different types of drugs and more than MVR90,000 (US$5,836) in cash.

In addition to beer cans, the drugs confiscated from the island included pills, LSD stickers, and hash oil joints as well as rubber packets, cellophane packets, and film canisters containing cannabis, Satheeh said.

However, the raid of the island and subsequent arrests have been an issue of contention, with some arguing that the Police’s actions were a breach of human rights.

In a recent article published on Minivan News, Mushfique Mohamed contended that the arrests at Anbaraa underpinned by a political and constitutional motive, with police using the arrests as a means of “garnering support along ultra-nationalist and Islamist lines.”

The Maldives Police Service (MPS) has denied allegations by the opposition Maldivian Democratic Party (MDP) that constitutional rights and procedures were violated in the arrest of 79 youth last weekend from a music festival in an uninhabited island.

In a press release issued in response to a statement yesterday by the MDP’s rights committee, police insisted that all the suspects taken into custody from Vaavu Anbaraa were informed of their constitutional rights as well as the reason for the arrest.

“In addition, they were informed in writing of the reason for their detention in accordance with the law, and they were told that they had the right to legal counsel,” the press release read.

It added that all suspects detained from Anbaraa were brought before a judge within 24 hours of the arrest. Police also noted that the island was raided with a court order.

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