Category: Politics

Police fire head of Drug Enforcement Department

Former Head of the Police Drug Enforcement Department (DED), Mohamed Jinah, was relieved of police duty last Thursday January 10.

Speaking to Minivan News, Jinah said police had called him and informed him that he had been dismissed from police.

‘’They did not tell me why the decision was made, but they said they will send me documents containing information as to why I have been dismissed,’’ Jinah said. ‘’I don’t have much to say before I get the documents.’’

Jinah said he has not yet decided to file the matter in court.

‘’I will make a decision after I receive the documents clarifying why I was dismissed,’’ he added.

After the controversial transfer of power in February, Jinah was demoted to Chief Inspector of Police from his position as Police Chief Superintendent.

Jinah was the Head of the Drug Enforce Department (DED), but following February 7 was changed to the police planning department.

Jinah, former Chief Superintendent ‘MC’ Mohamed Hameed, former Superintendent Ibrahim Adnan Anees and Superintendent ‘Lady’ Ibrahim Manik were among a few senior officer who did not join a police revolt against the government on February 7, that led to the resignation of then President Mohamed Nasheed.

With the dismissal of Jinah, almost all senior police officers who did not take to the streets demanding Nasheed’s resignation on February 7 have now been dismissed.

On August 8 last year, the Police Disciplinary Board decided to relieve Chief Superintendent ‘MC’ Mohamed Hameed and Superintendent Ibrahim Adnan of duty.

Superintendent ‘Lady’ Ibrahim Manik was also demoted to Chief Inspector of Police, and the disciplinary badge on his uniform was removed.

Adhnan Anees, Ibrahim Manik and Mohamed Jinah were among senior officers allegedly assaulted by ordinary officers on February 7.

Video footage available on Youtube shows the former head of the Drug Enforcement Departmen being handcuffed and taken to the detention island Dhoonidhoo on the morning of February 7.

On June 14, police arrested Chief Superintendent Hameed following his contribution to the Maldivian Democratic Party (MDP)’s report into the controversial transfer of power on February 7.

According to the MDP’s report, the attacks were carried out by police officers outside police headquarters on the instructions of Police Superintendent Abdulla Nawaz and Sub-Inspector Azeem Waheed.

The report stated that Corporal Ahmed Vikram ‘Viki’ hit Superintendent Anees with a wooden chair in the back, and struck Anees in the genitals with his leg.

Anees was then taken upstairs to the third floor of police headquarters and locked inside the DED’s storage room, along with Deputy Commissioner Ismail Atheef and Superintendent Ibrahim Manik, the report claimed.

According to the report, mutinying police officers subsequently broke open the door of the storage room and again attacked the three senior officers, before taking them downstairs.

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President should have ratified political parties, privileges bills: DRP MP Mausoom

Government-aligned Dhivehi Rayyithunge Party (DRP) Deputy Leader Dr Abdulla Mausoom has expressed disappointment at President Dr Mohamed Waheed Hassan Manik’s failure to ratify two controversial bills outlining parliamentary and political party regulations.

Dr Mausoom today told Minivan News that he believed the president should have ratified both bills before then seeking to make changes to specific clauses once they had been passed into law.

He claimed such an act would have allowed President Waheed to remove potential doubts that he may be acting to protect his own political interests by not approving the bills.

The President’s Office confirmed Thursday (January 10) that the People’s Majlis privileges and powers bill and the political party bill had been returned to parliament for reconsideration Thursday (January 10) after originally being passed late last year.

Among the key features outlined in the two bills were potential punishments for anyone attempting to stymie or disrespect the Majlis and its work, as well as a requirement for all political parties to have 10,000 registered members or face being dissolved by the country’s Elections Commission (EC).

Both bills have been criticised in part by NGOs and smaller political parties in the country over fears about the perceived impacts they may have on the democratic development of the Maldives.

However, speaking to Minivan News today, DRP Deputy Leader Mausoom said that he believed the president should have opted to ratify the bill, which he contended has certain regulations and requirements that had long been overdue in the Majlis, before then attempting to enact amendments at a later date.

Dr Mausoom claimed that with Dr Waheed’s own Gaumee Ithihaad Party (GIP) facing being dissolved as a result of being short of the 10,000 registered members required by the political parties bill, his failure to ratify it could lead to doubts over the partiality of the president’s decision.

“Maybe they are concerned they would not be able to get sufficient member numbers if it is passed,” he suggested.

As of January 13, 2013, Ethe lection’s Commission figures indicate that GIP has 3,218 registered members. Ratification of the political parties bill would have given President Waheed’s party three months to have obtained 10,000 members or face being dissolved by the EC.

Listening to minorities

Despite the comments, Dr Mausoom said the DRP was undecided on how to proceed over whether to seek a compromise in amending the two bills,  or support the existing provisions.

“The bill defining privileges for the Majlis is long overdue. While there may be some room for fine tuning, the bill itself is a must,” the DRP Deputy Leader added.

Dr Mausoom said that with the political parties bill, he understood that major concerns existed regarding the requirements for 10,000 registered members.  He claimed the DRP would take into account the views of minority parties in the Maldives before making any decision on the matter.

“There is thought that any political party should be able to obtain 10,000 members if it is to represent the views of the people, but there is also an argument to leave regulations as is it,” Dr Mausoom said.

“It is best to decide after listening to minority parties on the issue. We have always advocated as a party to listen to minorities whoever they are.”

Political parties were first authorised in the Maldives in May 2005 following an executive decree by then-President Maumoon Abdul Gayoom. Political parties have remained governed by a regulation requiring 3,000 members for registration.

This regulation did not stipulate that parties whose membership falls below the figure would be dissolved.

In March last year, EC Chair Fuad Thaufeeq told Minivan News that these regulations were “vague” as parties were not required to maintain 3,000 members once formed.

Despite a failure to ratify the two bills, Dr Mausoom rejected the notion that a divide had been formed between the president and the country’s legislature, adding that there were always likely to be differences of opinion within the present coalition government after it came to power in February 2012 under disputed circumstances.

“There is no friction between parties and the president. When we came to power, we had no unified policy, however any issues with have with the president we will raise with him,” he said.

Bill criticisms

The proposed amendments to regulations on political parties and parliamentary privileges were among a number of bills recently passed within the People’s Majlis that were attacked by local NGOs Transparency Maldives (TM) and Maldivian Democracy Network (MDN) earlier this month.

In a joint statement, the NGOs expressed concerns that clauses within the bills threatened to “weaken the democratic, good governance system” and “restrict some fundamental rights,” in the Maldives.

The political parties bill in particular has come under fierce criticism from smaller political parties in the country. Earlier this year, Special Advisor to President Waheed and Leader of government-aligned Dhivehi Qaumee Party (DQP) Dr Hassan Saeed warned he would seek to invalidate the bill should it be ratified by the president.

He told local media at the time that the bill infringed rights enshrined in the constitution and that he would file a case at the Supreme Court requesting the law be struck down.

Dr Saeed was not responding to calls from Minivan News at time of press.

Late last year, the religious conservative Adhaalath Party accused the Majlis of directly attempting to “eradicate” Islamic ideology from Maldivian politics and limit its efforts against what it alleged were attempts to secularise the country.

Adhaalath Party Leader Sheikh Imran Abdulla said he suspected that “black money” from Indian infrastructure company GMR was behind the decision to insert the clause requiring 10,000 members. The government late last year voided a sovereign agreement with GMR to develop Ibrahim Nasir International Airport (INIA) – a decision strongly backed by the Adhaalath Party as part of a self-claimed “national movement”.

Imran claimed at the time that “a person with a brain would not deny” that the decision by parliament’s Independent Institutions Committee to raise the prerequisite to 10,000 members from 5,000 at a late stage was made “because the Adhaalath Party would be disqualified at that number.”

Parliamentary Speaker Adbulla Shahid, Deputy Speaker Ahmed Nazim and the Majlis’ Minority Leader Progressive Party of Maldives (PPM) MP Abdulla Yameen were not responding to calls from Minivan News at the time of press.

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Ratification of limits on freedom of assembly won’t affect ‘revolution’: MDP

The ratification of the Freedom of Peaceful Assembly Bill is a “direct response” to the Maldivian Democratic Party (MDP)’s proposed revolution, the party’s Spokesperson Hamed Abdul Ghafoor has alleged.

Yesterday (January 11) the President’s Office website announced that President Mohamed Waheed Hassan Manik had approved the controversial bill, which enforces limits for protests in the Maldives.

Parliament passed the bill on December 25, 2012 with 44 votes in favour and 30 against – a decision which attracted criticism from NGOs within the country who warned the bill could “restrict some fundamental rights”.

Ghafoor told Minivan News that the MDP stood against the principles of the Freedom of Assembly Bill, alleging its ratification is a response to the ‘Ingilaab’ proposed by former President Mohamed Nasheed last month.

“We are not happy with this bill, and on principle alone we are against it. The current government feels the need to restrict freedom of expression and unwind the democratic gains of this country,” he alleged.

“The whole intention of this bill was to respond to our popular uprising. But when the time comes [for the revolution] the bill won’t matter. We will still go out onto the streets,” Ghafoor claimed.

Among the key features of the Freedom of Assembly bill is the outlawing of demonstrations outside private residences and government buildings, limitations on media covering protests not accredited with the state and defining “gatherings” as a group of more than a single person.

One of the main stated objectives of the legislation is to try and minimise restrictions on peaceful gatherings, which it claims remain a fundamental right.

Under the legislation, demonstrations will be outlawed within a certain distance of the residences of the president and vice president, tourist resorts, harbours utilized for economic purposes, airports, the President’s Office, the courts of law, the Parliament, mosques, schools, hospitals and buildings housing diplomatic missions.

NGO concerns

In a joint statement from local NGOs Transparency Maldives (TM) and Maldivian Democracy Network (MDN) this month (January 2), it warned that the bill posed “serious challenges to the whole democratic system”.

The statement claimed that the bill could restrict the constitutional right to freedom of assembly (article 32), freedom of expression (article 27) and press freedom (article 28).

As article four of the constitution states that “all the powers of the state of the Maldives are derived from, and remains with, the citizens,” both NGOs warned that narrowing the fundamental rights guaranteed by the second chapter of the constitution would “facilitate taking away from the public the powers that remain with them.”

Media “accreditation” on protest coverage

Last month, the Maldives Journalists’ Association (MJA) expressed concern over certain clauses in the ratified Freedom of Peaceful Assembly Bill, claiming that it will directly impact reporting by local and international media organisations.

In regard to the media’s right to cover demonstrations, the bill states that the Maldives Broadcasting Commission (MBC) must draft a regulation on accrediting journalists within three months of the ratification of the bill.

Only those journalists who are accredited by the MBC will be granted access to cover and report on gatherings and police activities in the vicinity.

MJA President and board member of the Maldives Media Council (MMC) ‘Hiriga’ Ahmed Zahir claimed last month (December 29) that the MBC – appointed by parliament – would not be able to accredit media persons in an independent manner free from any influence.

“We are seeing the MBC failing to address many existing issues even now, so we cannot support handing over additional responsibilities like this to such a body,” he added.

Zahir also raised concerns that foreign journalists coming to the Maldives would also be required to obtain additional accreditation. He said that international media was already faced with having to meet specific visa requirements and obtaining state approval.

“For example, [international reporters] cannot really cover events if they are just here on a tourist visa, that won’t be allowed anywhere in the world,” he said.

Speaking on the matter of media accreditation, MDP Spokesman Ghafoor alleged to Minivan News today that it was the current governments “intention” to control the media coverage of protests.

“When the incumbent government took over office, they took over the state media too. We have noticed this trend continuing today,” he claimed.

President’s Office Spokesman Masood Imad was not responding to calls at time of press today.

However back in November last year, Imad previously defended a case submitted to Supreme Court by the Attorney General that claimed causing a public disturbance in the name of political protest is against the constitution.

The case, submitted in September, requests the Supreme Court to rule that such protests are against some articles of the constitution. This includes disturbing the public, using foul language and “protesting in a manner that instills fear into the hearts of children and the elderly”.

Speaking back in November regarding the case, Imad said: “A protest should be about changing something. A protest conducted in residential areas has nothing to do with parliament. Public protest and public nuisance are two very different things.”

The President’s Office Spokesman further stated that the government “fully” supports the right to protest, but added that it should not be conducted in a way that negatively affects the lives of others.

Minivan News attempted to contact MPs and spokespersons from Progressive Party of Maldives, Dhivehi Rayyithunge Party, Dhivehi Qaumee Party, Jumhoree Party, People’s Alliance and Maldivian Development Alliance to speak on the matter, however none were responding to calls at time of press.

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Chair of Parliament’s Executive Oversight Committee claims CNI report “flawed” based on the findings “so far”

The Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, has claimed the August 2012 report produced by the Commission of National Inquiry (CNI) was “flawed” based on the findings of the committee “so far”.

The Commonwealth-backed report investigated the circumstances surrounding the controversial transfer of power in February 2012.

MP Waheed, of the opposition Maldivian Democratic Party (MDP), made the claim in a press conference held by the parliament select committee in the early hours of Saturday.

Waheed said many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]”.

“Some have even claimed their information was wrongly presented,” he said, but declined to reveal the identity of those who made the claim.

The committee previously requested President Mohamed Waheed Hassan to hand over statements of key figures of the former government and military officials given to CNI. The request was rejected and a bid by the committee to issue a legal order demanding the information failed when a vote was put to the members.

MP Waheed on Saturday described the president’s refusal to share the information as a “blessing in disguise”.

“Some people who attended the committee [meeting] have told us that key information they gave was missing from the CNI report, and said they did not accept its findings,” he said.

The opposition-controlled committee is conducting a parliamentary inquiry on the controversial transfer of power, while also reviewing the CNI report.

A 22 day continuous anti-government protest led by then opposition figures, religious scholars and mutinying police and military officials, following the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed, led to the sudden resignation of then-President Mohamed Nasheed. Nasheed and his party later alleged he was forced out of office in a coup d’etat.

However in August 2012 the CNI formed by incoming President Mohamed Waheed Hassan and backed by the Commonwealth released a report declaring the transfer of power was legitimate.

As part of its present inquiry, the parliament’s committee has summoned former intelligence heads of the police and the Maldives National Defense Force (MNDF), including Superintendent Mohamed ‘MC’ Hameed and Brigadier General Ahmed Nilam.

Last Friday the committee summoned former SAARC Secretary General and Human Rights Minister Dhiyana Saeed, former Commissioner of Police Ahmed Faseeh and former Police Superintendent Mohamed Jinah. It has also announced that two international experts will take part in assisting the inquiry for a period of two weeks.

“Huge crime against the state”

According to Waheed the parliamentary inquiry was “revealing” information suggesting a “huge crime against the state” involving individuals, leaders of political parties and senior figures within the police and the military.

“From what we have found out, the committee has come to the conclusion that the events very much involved the stakes of two pivotal figures. They are President Nasheed and President Waheed. This I say because the events involved people who were loyal to both Nasheed and Waheed,” he said.

He also admitted the names of several people have been floated within the committee who needed to be questioned in the course of the inquiry, including the former president and his successor. Others included former Home Minister Hassan Afeef, former Defense Minister Tholhath Ibrahim Kaleyfaanu and key senior officials of Nasheed’s administration.

MP Waheed also reiterated that a lot of people had been hesitant to speak to the CNI as it was formed by President Waheed’s government and included senior figures of the events of February 7. Some of those people cabinet positions, Waheed said.

“In light of what we have come to know, a lot of people were eager to raise their concern and share information regarding the [controversial transfer of power], but they were not sure of the right person to should share their concerns with,” he said.

A similar notion was put forward by Dhiyana Saeed in her personal memoir, in which she wrote of a plot by Nasheed’s political opponents to assassinate him.

“I desperately needed to consult someone but who? … I couldn’t go to my associates on this side because now I didn’t know whose hands were tainted and whose hands weren’t. The politics was so bitter, so deeply divided and so polarized that if I happened to confide in the wrong person I thought what I had to say would be reported to the wrong people and covered-up,” she wrote, in her memoir.

Meanwhile, Waheed noted security concerns raised by those who appeared before the committee, claiming they were “at risk” for sharing such confidential information.

“Some individuals who have given witness to the committee have raised concerns over their security and requested security. The committee has debated the matter and already informed the speaker [of its views],” he said.

“I don’t deny the fact that we may need to summon more people in the coming days. Some of the names of people we plan to summon may not be even mentioned in CNI report,” he said.

Asked of former SAARC Secretary General and Human Rights Minister Dhiyana Saeed’s allegations of assassination attempts against Nasheed, Waheed said the committee would look into the allegations.

“The committee will very seriously look into the concerns raised by Dhiyana of a plotted assassination of former President Mohamed Nasheed,” he said.

“Inquiry is not politically motivated” – MP Ali Waheed

Challenged as to the credibility of the report, given that the committee had an opposition majority, Waheed said that they had decided to look into the matter not based on any “political motives”, and that the inquiry was solely based upon “national interest”.

“The committee’s findings will not produce politicised results. We are summoning key stakeholders including those in senior positions in the government.  The findings will not be based on the word of one just one person. We will not include any allegation against anyone without verifying it,” he said.

He added that the inquiry was not about the two former presidents or about President Waheed.

“This is not about the Progressive Party of Maldives (PPM) or the MDP. This is not an inquiry carried out by putting key political actors in a single chart and drawing conclusions for political benefit.”

He also affirmed that no unverified claims would be included in the report.

“[The report] will be based on information given by key people in positions of the state, who by the constitution are obliged to give true information,” he said.

Waheed also expressed confidence the report will unveil the truth of what happened on February last year, and said the committee was even willing to go to a public debate with those who wished to challenge its findings.

Presidents Office Spokesperson Masood Imad was not responding at time of press.

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Finance Minister aims to “rearrange” ministerial, independent institution spending

Finance Minister Abdulla Jihad will hold discussions over the next week with government departments, independent institutions and the Maldives judiciary to try and reorganise their respective spending allocated within the 2013 budget.

Jihad has told Minivan News this week that he would be meeting with all state departments and various institutions to ascertain the likely financial difficulties they expect to face over the next year after after the proposed 2013 budget was cut by over MVR 1 billion (US$65 million). He stressed that efforts to reorganise funds would not impact the amount of spending assigned to each ministry, but rather how existing money was being spent.

The comments were made after the proposed MVR 16.9 billion (US$1 billion) forwarded to the People’s Majlis was reduced to MVR 15.3 billion (US$992 million) before gaining approval last month.

The parliamentary committee that had reviewed the budget at the time had originally recommended MVR2.4billion (US$156 million) worth of cuts that some of its members claimed could be made largely by reducing “unnecessary recurrent expenditures” within the budget.

The Budget Review Committee’s proposal for a MVR 14.5 billion (US$947 million) budget – in line with recommendations by groups like the International Monetary Fund (IMF) – was met with mixed reactions from opposition and government-aligned parties at the time.

With the budget now passed, Finance Minister Jihad said that his department intended  to look at the entire amount of state financing allocated this year on a department-by-department basis to identify the most significant spending shortfalls.

The finance minister said the review would allow his department to rearrange the budget within each ministry, as well as independent institutions and the courts to better cover spending needs over concerns the state may face “some difficulties” in future.

Jihad claimed that the proposed “rearranging” of state financing would not require parliamentary approval as the allocated overall spending for each body and institution would remain the same.

However, despite the efforts to reallocate monies within each ministry, Jihad maintained claims that the present budget was likely to be insufficient to cover costs over the next year.

“We will have to submit a supplementary budget this year,” he contended.

People’s Aliance (PA) party MP and Finance Committee Chair Ahmed Nazim was not responding to calls today. Fellow Finance Committee member MP Riyaz Rasheed was also not available for comment at time of press.

Supplementary

Finance Minister Jihad has previously told local media that with services being provided by the government expected to double during the coming year, it would become more difficult for the state to manage its budget.

“Because the budget is reduced, it will become difficult to manage expenses at a certain point. We think that a supplementary budget has to be introduced,” he was quoted as telling the Sun Online new service.

According to the Finance Minister, talks have already taken place with various offices to reduce their budgets.

Budget amendments

The estimated MVR 15.3 million budget was passed by parliament with eight additional amendments on December 27.

Amendments voted through included the scrapping of plans to revise import duties on oil, fuel, diesel and staple foodstuffs, as well as any item with import duty presently at zero percent.

An amendment instructing the government to conduct performance audits of the Human Rights Commission and Police Integrity Commission and submit the findings to parliament was passed with 53 votes in favour, ten against and four abstentions.

Amendments proposed by opposition Maldivian Democratic Party (MDP) MP Ali Waheed to shift MVR 100 million (US$6.5 million) to be issued as fuel subsidies for fishermen and MVR 50 million (US$3.2 million) as agriculture subsidies from the Finance Ministry’s contingency budget was passed with 68 votes in favour.

A proposal by Dhivehi Rayyithunge Party (DRP) MP Dr Abdulla Mausoom to add MVR 10 million (US$648,508) to the budget to be provided as financial assistance to civil society organisations was passed with 57 votes in favour and three against.

Revenue measures

Of the measures proposed by the Finance Ministry to raise revenue, revisions to import duties, raising the Tourism Goods and Service Tax (T-GST) from eight percent to 12 percent in July 2013, increasing airport service charge from US$18 to US$25, leasing 14 islands for resort development and imposing GST on telecom services were approved within parliament.

The Finance Ministry had however proposed hiking T-GST from 8 to 15 percent in July 2013 and raising airport service charge or departure tax from US$18 to US$30.

Rightsizing the public sector to reduce deficit

Amidst proposals to balance state spending during 2013, recommendations to reduce the public sector wage were made by the auditor general and submitted to parliament prior to the budget being passed.

Auditor General Niyaz Ibrahim observed that of the estimated MVR 12 billion (US$778 million) of recurrent expenditure, MVR 7 billion (US$453.9 million) would be spent on employees, including MVR 743 million (US$48 million) as pension payments.

Consequently, 59 percent of recurrent expenditure and 42 percent of the total budget would be spent on state employees.

“We note that the yearly increase in employees hired for state posts and jobs has been at a worrying level and that sound measures are needed,” the report stated. “It is unlikely that the budget deficit issue could be resolved without making big changes to the number of state employees as well as salaries and allowances to control state expenditure.”

Following the report, the The Budget Review Committee made cuts to overtime pay (50 percent), travel expenses (50 percent), purchases for office use (30 percent), office expenditure (35 percent), purchases for service provision (30 percent), training costs (30 percent), construction, maintenance and repair work (50 percent) and purchase of assets (35 percent).

The committee estimated that the cuts to recurrent expenditure would amount to MVR 1 billion (US$64.8 million) in savings.

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Policeman used baton according to regulations, no police involvement in Gasim’s death: PC Riyaz

Police Commissioner Abdulla Riyaz has said that an officer implicated in a collision that left a bystander dead had acted in accordance with regulations on tackling suspects.

Abdulla Gasim Ibrahim passed away following an incident near the Justice Building on August 17 last year, when an officer attempted to stop a fleeing motorcycle by stepping in front of the vehicle with his baton raised. The motorcycle then lost control and crashed into Gasim, who was parked on the side of the road on his motorcycle.

Leaked footage of the incident appears to show the officer hitting the vehicle’s driver with a baton.

Police stated back in August that Gasim had died following an accident where a fleeing motorcycle had crashed into him, failing to mention any involvement of the police officer.

The Maldives Police Service stated in December that the motorcycle which the men had been riding was also stolen property.

Commissioner Riyaz today told parliament’s Committee on Oversight of the Executive that the officer seen holding the baton had not acted illegally through his actions depicted in the footage.

Riyaz had been summoned before the committee to answer questions over alleged police involvement in the death of Gasim.

Speaking at the committee meeting today, the police commissioner stated that an investigation conducted by the Police Standards Command had reached the conclusion that Constable Moosa Shamil – the officer seen in the video – had used the baton to stop a suspected criminal in accordance with the existing regulations (Dhivehi).

Riyaz added that Shamil had completed and excelled at a two-day programme on baton use held by the Police Academy last March.

When some MPs raised the point that the video depicted Constable Shamil hitting the fleeing motorists with a lot of force using a baton, Riyaz replied that that could only be determined through checking forensic reports.

“I think that even taking a look from our eyes is enough to tell how much chance there is that the baton actually hit the man who is said to have been hit and injured by it,” he said.

While expressing regrets at the loss of a life in the incident, Riyaz praised Constable Shamil saying he would “salute” him for he had displayed “courage in having gone onto the street to stop the motorcycle at the expense of risk to his own life”.

He told the committee that police had submitted the case of Gasim’s death along with the case of the suspected thieves fleeing on a motorcycle to the Prosecutor General’s (PG) Office. Riyaz added that statements had been provided from police who had arrived at the scene as well as those of the officer who had attempted to stop the motorcycle.

He added that if there was a matter of police negligence in the incident, then the PG had the option of pressing charges against them.

Responding to statements by committee members that the family of Gasim had said they had received no communications from the police, Riyaz said the police had obtained a statement from Gasim’s eldest son, 18 year-old Gais Gasim.

According to the commissioner, the Maldives Police Service had been sharing updates with the widow of Gasim, Naseema Khaleel throughout the investigation. Riyaz stated that they had asked Gasim’s family as whether they wished for the guilty to be given the death penalty.

No communication initiated by police

Responding today to Riyaz’s comments, Naseema maintained claims that her family had rarely heard from the police regarding the investigation.

“We seldom heard from the police at all. We continued to call and ask for updates though, and the response we kept getting was that the investigation was going on,” Naseema said.

Naseema added that the PIC had also been vague and unresponsive about their investigations.

“We did hear from them at one point though, when they called and asked for Gasim’s heirs names and contact details. When I provided details, they then called our son, who became 18 years old in January, and summoned him to the police station once,” she said.

“”He has just turned 18 and one can’t really say he is an adult as such. Police asked him questions and he responded as he felt at the time. Police never told me or any guardians that he had been summoned there. That’s what Riyaz referred to today when he claimed family had been kept updated. That is not really the case,” Naseema continued.

“I am extremely disappointed after listening to what happened at that committee meeting today. What about the man who died? Is there no justice for him?”

Commissioner of Police Abdulla Riyaz was not responding to calls at the time of press.

Prosecutor General Ahmed Muizzu and Vice President of the Human Rights Commission of the Maldives Ahmed Tholal were also not available for comment.

Leaked video

Riyaz also stated today that police were looking into how the video footage of the incident had been leaked onto social media.

The commissioner said that the investigation had revealed that the footage was from a police-owned CCTV and had been leaked from inside the police institution, describing it as “a very serious problem”.

He said that there were systems in place to determine that the video had indeed been leaked by police, and that leaking footage used in an investigation was in breach of the Police Code of Conduct.

He stated that the police would find out who was responsible for the leak and would take action against him within legal boundaries.

He pointed out that there had been previous instances where police officers who had committed similar acts had been dismissed from their posts.

PIC Investigation

Meanwhile, the Police Integrity Commission had previously stated on December 3, 2012 that they were nearing completion of their investigation into allegations of police involvement in the death of Gasim.

On September 24, 2012, Gasim’s wife had submitted a letter to the PIC requesting them to look into the incident. PIC Director General Fathimath Sarira had confirmed at the time that the PIC had received the leaked footage prior to it being leaked in social media.

Responding to a question by Minivan News as to why the Commissioner had stated Constable Shamil to be free of fault before the PIC had concluded their investigation, Police Spokesperson Sub-Inspector Hassan Haneef said the investigations were treated as two separate matters.

“As per our investigation, there is no negligence in this case from the side of the police officer. If PIC finds there is an issue, or a place like HRCM conducts an investigation and finds there is an issue here, then we will act on those findings accordingly,” he said.

Article 41(c) of the Police Act states that Maldives Police Service should inform the PIC upon the occurrence of death or infliction of grave bodily injury to a person due to the use of force by a police officer.

Asked last December if police had in accordance with the said article notified PIC of the incident, Sarira had stated at the time that: “Police has notified the commission about the accident over a phone call. Although, when we first heard of the case, it was only said that a speeding motorcycle had collided with a parked one and led to a death. But then later, we got the footage too.”

Minivan News asked poliec inspector Haneef why police had not mentioned the involvement of Constable Shamil to either the PIC or the public. Haneef responded saying, “Even I initially knew of it as an accident. We wouldn’t know all the details at once. We learn facts as the investigation moves forward. It was portrayed as a cover-up in coverage, but we say it was an accident as that is what our investigations state it is.”

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Parliament committee to seek international expertise for CNI report review

Parliament’s Executive Oversight Committee is seeking international experts to help oversee a review of the Commonwealth-backed Commission of National Inquiry (CNI) report.

Committee Chair Maldivian Democratic Party (MDP) MP Ali Waheed said during a press conference yesterday (January 9) that efforts were being made to bring international experts in the fields of law and public inquiries to the Maldives for a review of the CNI report. The process is expected to take a minimum of two weeks.

The CNI report, which was released back in August 2012, looked into the circumstances surrounding the controversial transfer of power in February the same year. The report concluded that the change of government had been constitutional.

The government today dismissed the review as being politically motivated, while also rubbishing allegations that President Dr Mohamed Waheed Hassan Manik had violated the constitution by not providing information from the CNI’s investigation to parliament.

Ali Waheed has claimed that the purpose of seeking international expertise was to ensure the autonomy and credibility of the parliamentary inquiry for both local and international actors. He added that parliament secretariat would make the announcement for applicants to fill the two positions at a later date.

The press conference was held right after the committee summoned the two former intelligence heads of both Maldives National Defense Force (MNDF) and Maldives Police Services as part of the parliamentary inquiry.

Ali Waheed was not responding to calls at the time of press. However, he was reported in local media as describing yesterday’s meeting as one of the most “extraordinary, concerning and fearful” experience in his parliamentary career.

“The information the committee got from the [intelligence heads] surprised me. New questions have come up over what took place last year,” he said. “The former intelligence heads wept at today’s committee meeting.”

Impartiality

When questioned about the impartiality of the committee, which has a majority representation of MDP members, Waheed claimed that the committee has previously been mostly made up of former opposition parties under the former administration.

He added that the committee at the time, under an opposition majority, had taken major decisions against the former government such as endorsing the bench of the Supreme Court during former President Nasheed’s administration.

“If the Maldivian Supreme Court is deemed legitimate, than regardless of who controls the majority of the committee, its decisions would be binding as well. This committee will do everything it can to maintain its credibility and autonomy,” he told local media. “I hope that committee members and members who give evidence to the committee will also think about that. I want this inquiry to take place transparently.”

Constitutional claims

Five members of the Executive Oversight Committee today passed a motion stating that President Waheed had disregarded Article 99 of the Constitution.

Article 99 states that the [Parliament] or any of its committees has the power to – (a) summon any person to appear before it to give evidence under oath, or to produce documents. Any person who is questioned by the [Parliament] as provided for in this Article shall answer to the best of his knowledge and ability; (b) require any person or institution to report to it; (c) receive petitions, representations or submissions from interested persons or institutions.

When contacted today, Media Secretary of Presidents Office Masood Imad declined to comment, stating that he “was very busy”.

He requested Minivan News to ask the committee members as to what constitutional clause President Waheed was alleged to have violated by not providing the information to parliament.

Masood said yesterday that the statements given to CNI were not in public domain and therefore it would be President Waheed who would make a decision on the matter.

“That is a property of [CNI], but now that commission has been dissolved. So now whether to make the documents available in the public domain is solely up to President Waheed to decide,” he said at the time. “The commission was formed to release a report on the findings. The report is now available, that means it will have what is mentioned in the statements.”

President’s Office Spokesperson, Ahmed ‘Topy’ Thaufeeq also dismissed the committee’s motion claiming that it was a “political” decision.

In an interview given to Channel News Maldives today, Thaufeeq said that the new government has never tried to exert undue influence over the parliament.

“President Waheed has never even once violated the constitution. He is using the powers that have been vested to him by the constitution. He has never gone beyond his jurisdiction. Yesterday, the decision was made by a committee that had the majority of opposition MDP. That is a political decision,” he was quoted as saying.

Thaufeeq went on to accuse the People’s Majlis of trying to influence the day to day running of the government.

“Government reluctance”

Executive Oversight Committee member and MDP MP Ahmed Easa responded that any information from the executive power must be given to the parliament unless it concerns the national security of the state or involves critical confidential information.

“Any document the parliament requests must be given from the government unless its concerns the national security or critical confidential information,” he said. “Even if the information concerns national security interests, there are procedures in which it can be shared. So far government has not said that those documents fit into the said criterion.”

He also claimed that there were no legitimate grounds for President Waheed to ignore the request from parliament without giving proper reasoning. According to Easa, the action “clearly violated the constitution”.

The Kendhikulhudhoo constituency MP admitted that committee would face “huge challenges” in reviewing the findings of the CNI Report without obtaining the information of which the report was based on.

“For an example, CNI has clearly mentioned that there are issues within the country’s judiciary. However, it has not gone into details. So how can we find about the mentioned issues within the judiciary without obtaining the information on which such a conclusion was based upon. We need to find out based on what information had the CNI come to such a conclusion,” he explained.

“They are crying out loud saying that the findings in the CNI report was the truth. If so what we are saying is that the truth must have been obtained from credible true information. Why are they hesitating to share that information with us?”

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Maldives legal system “inaccessible” to migrant workers: Transparency Maldives

Migrant workers suffering poor treatment from their employers are giving up on taking their cases to court due to the “inaccessibility” of the Maldives legal system, an official from Transparency Maldives’ Advocacy and Legal Advice Centre (ALAC) has claimed.

ALAC Communications and Advocacy Manager Aiman Rasheed told Minivan News today that a large number of human rights abuse cases in the Maldives are “potentially” going unreported due to foreign workers not taking their disputes to court.

Rasheed claimed that both defects within government bodies and corruption were to blame for the human rights abuses affecting migrant workers.

“We are finding that a lot of the issues raised at our ALAC mobile camps involve employees not receiving their wages, having their passports confiscated by employers or are living in sub-standard living conditions,” Rasheed said.

Because of the perceived inaccessibility to the legal system in the country, Rasheed claimed that a lot of injustices involving migrant workers were not being taken to court.

“Getting involved in a legal case is a very costly process. It is very hard for a normal person to afford the services and the process can take a very long time.

“The problem is that we [ALAC] appear to be the only agency providing free legal advice to migrant workers, despite authorities recognising there is a need for free advice,” Rasheed claimed.

Since being launched back in 2012, ALAC has been providing free legal advice and training to victims and witnesses of corruption through mobile camps in Vaavu Atoll and Addu City.

So far, ALAC has assisted with 64 ongoing legal cases related to migrant rights abuses in just six months, whilst further providing advice and training to over 3,000 individuals, Rasheed claimed.

“While we cannot provide financial support to these individuals, we can offer guidance through our lawyers making the entire legal process a lot easier to navigate,” he said.

“We are wanting to further strengthen our partnership with state departments, because this is a national problem.”

While state departments have begun to introduce initiatives targeted at raising awareness of human rights abuse, in particular the ongoing issue of human trafficking, Rasheed claims that there has been no “serious action” taken to address the problem.

“There is a good reason as to why we are on the US State Department’s Tier Two watch list for human trafficking for [three] years in a row,” he added.

Blue Ribbon Campaign Against Human Trafficking

The Ministry of Foreign Affairs Yesterday (January 9) inaugurated an initiative targeted at raising awareness of the human trafficking issue in the Maldives.

The strategy, entitled ‘Blue Ribbon Campaign Against Human Trafficking’ is expected to include activities to try and raise awareness among students and the business community.

The tourism industry, which employs the largest number of foreign staff in the country, was identified as another key focus of the initiative.

The Foreign Ministry announced that it had signed a memorandum of understanding (MOU) with multiple local media outlets in the country as part of the campaign’s aim to raising awareness of human trafficking and other related issues.

India’s concerns

Last month, Indian authorities raised concerns about the treatment of migrant workers in Maldives, stating that the tightened restrictions over providing medical visas to Maldivians was a “signal” for the Maldivian government to address the their concerns.

The commission spokesperson added that the introduction of the tighter regulations was imposed as a clear “signal” from Indian authorities that the concerns it had over practices in the Maldives such as the confiscation of passports of migrant workers, needed to be brought to an end.

On November 26, 2o12, a public notice had been issued by the Maldives Immigration Department requesting no employer in the country should be holding passports of expatriate workers.

Back in October, a senior Indian diplomatic official in the Maldives had expressed concern over the ongoing practice of confiscating passports of migrant workers arriving to the country from across South Asia – likening the practice to slavery.

The high commission also claimed this year that skilled expatriate workers from India, employed in the Maldives education sector, had continued to be “penalised” due to both government and private sector employers failing to fulfil their responsibilities.

Individuals wishing for free legal advice from Transparency Maldives’ Advocacy and Legal Advice Centre can contact the organisation for free on (800) 3003567

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Maldives government to review laws that “victimise” sexually abused minors

The Maldivian government has today said it will review and potentially “correct” laws in the country it claims victimise young women and minors who have suffered sexual abuse.

President’s Office Media Secretary Masood Imad told Minivan News the government would be holding consultations with the Ministry of Islamic Affairs and other relevant authorities to discuss how minors who have been sexually abused were being treated in the country.

The comments were made as the Prosecutor General (PG’s) Office today confirmed it had pressed charges against a 15 year-old girl from the island of Feydhoo in Shaviyani Atoll for having “consensual sexual relations”.

A spokesperson for the PG’s Office said the charges against the minor were unrelated to a separate case against the girl’s stepfather over allegations he had sexually abused her.

“Protected, not punished”

President’s Office Spokesperson Masood Imad said that from government’s perspective, the 15 year-old girl was a victim who needed to be protected, not punished by authorities.

“We will be talking with the Ministry of Islamic Affairs over this manner and will review and correct the problem,” he said.

Masood claimed that the Maldives had experienced a number of similar cases of late where young women had been victimised and punished by authorities – a situation he said the government was looking to prevent.

“We are reviewing this right now and if we have to go to the extent of changing existing laws then we would look to do this,” he said.

While unable to comment on specific cases at time of press, Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal told Minivan News that he was hugely concerned about the number of reports of sexual abuse against minors in the country.

Acting Minister of Gender, Family and Human rights Dr Mariyam Shakeela and Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed were not responding to calls at the time of press.

The reported handling of the case by authorities has garnered significant attention this week in both local and international media.

Charges

A PG’s Office spokesperson today confirmed that the charges against the minor were related to a separate offence of Sharia Law, which had been filed back on November 25, 2012.

The 15 year-old last year gave birth to a baby that was discovered buried in the outdoor shower area of a home on Feydhoo – her stepfather was later charged with sexual abuse, possession of pornographic materials and committing murder without intent.

The spokesperson said that another charge was filed against the girl’s mother over claims she had failed to inform authorities of the alleged sexual abuse of her own child.

Judicial authorities told Minivan News earlier this week that the charges against the 15 year-old were yet to be filed with the Juvenile Court at the time.

Director of the Department of Judicial Administration Ahmed Maajid was not responding to calls at time of press.

NGO criticism

The charges against the 15 year-old girl have been slammed as an “absolute outrage” by NGO Amnesty International.

In a statement released yesterday, Amnesty International’s Maldives Researcher Abbas Faiz stressed that suspected victims of rape and sexual abuse required counselling and support rather than facing prosecution.

“We urge the Maldivian authorities to immediately drop all charges against the girl, ensure her safety and provide her with all necessary support,” the NGO’s statement read.

Amnesty Intentional also raised concerns that should the minor be found guilty of “fornication” as reported in the media, she could potentially be flogged in line with sentencing for similar cases held in the country.

“If found guilty of ‘fornication’ the girl could be punished with flogging. She would likely be kept under house arrest until she turns 18 when, under Maldivian law, the flogging can be carried out. Flogging is a violation of the absolute prohibition on torture and other cruel, inhuman and degrading treatment or punishment,” Amnesty International stated.

“The Maldivian authorities should immediately end its use regardless of circumstances. The fact that this time a 15-year old girl who has suffered terribly is at risk makes it all the more reprehensible. Flogging is not only wrong and humiliating, but can lead to long-term psychological as well as physical scars.”

Fornication offence

Back in September 2012, a 16 year-old girl was sentenced to house arrest and 100 lashes for fornication with a 29 year-old man.

Permanent Magistrate of Raa Atoll Hulhudhuhfaaru, Magistrate Abdul Samad Abdulla, sentenced the girl to eight months under house arrest, and for public flogging once she reaches the age of 18.

Ali Rashid, an official of the Hulhudhuhfaaru Magistrate Court, said at the time that the girl had been sentenced for fornication because she had confessed to it. However, the 29 year-old male with whom she was co-accused had denied the charges.

“The man said he hadn’t committed fornication, but he admitted to having hugged and done certain other things with the girl. This amounts to sexual assault of a minor under the law. That’s why he has got the minimum sentence possible under the relevant law, 10 years in jail,” Rashid explained.

The official of the Hulhudhuhfaaru Magistrate Court referred Minivan News to Article 25 of the act detailing special actions to be taken in cases of sexual offences against children (Act number: 12/2009).

Article 25 says: “Unless proven otherwise, it cannot be considered that a child between ages 13-18 had given consent to committing a sexual act. And unless proven otherwise, it will be considered that the sexual act was committed without the child’s consent.”

In November 2011, UN High Commissioner for Human Rights, Navi Pillay, speaking in parliament, raised concerns about the issue of flogging in the Maldives.

Speaking on the issue, Pillay said at the time, “This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country.”

Her statements and calls for discussion on the issue were met with outrage from then political opposition and religious conservative Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry, under the former government, dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

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