PIC report calls for action against rogue police, holds former Commissioner Faseeh accountable

The Police Integrity Commission (PIC) has published a summary of one of its three reports concerning the February 2012 events on their website.

Of the three separate reports the PIC has said it will release, the one published today (in Dhivehi) covers the events the investigation carried out to see if the police had committed any unlawful acts during the events of February 6 and 7, which led to the controversial transfer of power in the Maldives.

The report highlights nine different incidents. In five of these, the report states that the commission will further investigate the role of the police and take necessary legal action.

It explains that the investigation was carried out with reference to videos downloaded from the internet, CCTV footage, interviews and phone logs. It emphasises that all conclusions were reached in the light of information uncovered from the above-mentioned means and the existing legislative framework.

According to the report, all conclusions were reached with the unanimous agreement of all five members of the commission.

Regarding the matter of police withdrawing from and returning to the Artificial Beach on February 6, the report states that the order to retreat was given by then President Mohamed Nasheed. It goes on to say that in refusing to obey this command, the police in the area had been acting in accordance with provisions in the constitution and the police act, while concluding that then Commissioner of Police Ahmed Faseeh, Deputy Commissioner of Police Ismail Atheef, Chief Superintendent of Police Farhad Fikry, Chief Superintendent Mohamed Hameed, Superintendent Ibrahim Adnan Anees and Superintendent Ahmed AbduRahman had acted against these laws, namely Article 244(a) of the constitution, Article 6 (8) of the Police Act and the official police oath.

The report states that the commission believes that police occupying Republican Square had made valid and justifiable demands. It details these demands to have been for the Commissioner of Police to meet them, agree to not give them any more unlawful commands, and to provide a guarantee that no action would be taken against the officers for the events of that night.

While highlighting that police themselves have a constitutional right to go on strike, the report notes that it was wrong for them to have remained in the Republican Square after civilians joined the area and the gathering turned into a politically-motivated one. The report notes that it was some among these citizens who called for the resignation of then President Mohamed Nasheed.

With reference to the damage caused by officers to the police headquarters, the report says: “With reference to the videos and accounts reviewed by the commission, we have found that some among the police officers gathered in the Republican Square on February 7  entered the [police HQ] Shaheed Hussain Adam Building, damaged property, broken the panes of a window, took down the police flag, threatened senior officers and committed violent acts against them. These are disciplinary and criminal offences which should not have been seen from police officers.”

It furthermore states that these will be treated as separate offenses and legal action would be taken against those involved.

In contrast to the general account of events, the PIC in its report states that supporters of MDP and other civilians had marched into the area where the police were chanting their mission statement. The report claims that this led to clashes in which persons from both sides sustained injuries. It notes that the MDP were allowed to approach the police because MNDF officials who were tasked with cordoning off the area had retreated.

The PIC further claimed that its investigations had uncovered that police had entered the MDP ‘Haruge’ only with the intention to catch some individuals who had attacked the police at the Artificial Beach, and then run to the Haruge to hide. It also noted that people and property in the Haruge were attacked by both police and “some other persons”, stating that the commission would further investigate the role of the police in the incident, and take any required legal action.

On the issue of the takeover of the state TV channel, MNBC One, by police, military and opposition demonstrators, the report observed that the police went to the channel’s offices under the orders of an unnamed senior level commander. It states that they went to “provide protection to the channel” since it had received information that some civilians had entered and were vandalising state property within its premises.

The report states that police had been able to enter the MNBC premises after two attempts because a group of civilians were attacking them with sticks and stones outside the building. It describes the police entry into MNBC:

“Tear gas was used as police were unable to enter the MNBC premises due to attacks from civilians outside. The gate was locked, so police fired teargas with a riot gun into the premises through an opening in the gate. The police are authorised to use this weapon. Tear gas was fired inside in case there were people inside who might again attack the police. The gate was opened merely by thoroughly shaking and pushing it.”

The report notes that although the police used a “strict attitude” which “checking” the station, they did not commit violent acts against the people there. It also says that the police did not in any way attempt to influence the channel’s broadcasting. It states that the police checked the premises to see if any outsiders were there, and then retreated from the building. The PIC defends police’s actions in this matter by stating they were in accordance with Article 2 and 4 of the Police Act.

As a final point of investigation, the report notes that some police officers were injured in clashes between the officers of MPS and the MNDF. It holds then Commissioner of Police Ahmed Faseeh accountable, quoting negligence, and states that the commission will take legal action against him.

The only recommendations in the report are directed for action from the Minister of Home Affairs. The recommendations are that the police institute remain free from political influences, and for the establishment of a working environment where the police could work without bias and with equability and fairness.

“A noble request can be made in an unlawful environment”

President of the Police Integrity Commission, Shahindha Ismail, speaking to Minivan News today expressed concern that some local media were misinterpreting the PIC report.

“The PIC does not collectively call the actions of the police on the 6th and 7th of February constitutional.”

“A very noble request or demand can still be made in an unlawful environment. This is what we are saying. The demand by the police to not give them unlawful commands was within the boundaries of law. But that they had remained there, with civilians, as part of what had escalated into a politically motivated gathering is wrong.”

Shahindha further said that the fact that many of the incidents highlighted in the report called for more investigation and action against police, confirming that the PIC did not endorse police action of the days in question as lawful.

PIC has previously said that it meant to release the reports before the CNI report. Shahindha said that the delay had been due to complications during the in-depth investigation.

President Nasheed’s nominee to CNI, Ahmed ‘Gahaa’ Saeed, when sharing his reservations with the press, had expressed disappointment that the CNI had not received the PIC report during the inquiry phase.


22 thoughts on “PIC report calls for action against rogue police, holds former Commissioner Faseeh accountable”

  1. The PIC is wrong in saying that the police could demand for the assurance that no unlawful orders will be given to them. The constitutional assurance is sufficient assurance and safeguard to them.

    The officers giving unlawful orders are responsible, not those who take it who have the right to refuse to obey to them. This makes their demand unnecessary and the activities they resorted to in reaction to the refusal by the officer to give the assurance were even more serious than taking unlawful orders from the superiors.

  2. PIC report just makes me laugh.... what i can i say regarding the professionalism shown by these so called 'independent' bodies.

    After seeing everything they decide that the storming of the the state run MNBC-1 by rogue police and military personals was for the 'protection of the channel and staff' - what a joke.

    We saw everything, starting from DEC 23 2011 - this is nothing a but big 'COUP'.

  3. PIC is right in that a lot of unlawful orders were given to the Police and the personnel who disobeyed them were going to be arrested by the MNDF.

    The whole issue is that Nasheed went about this the wrong way. If he needed to change the Judiciary he should have gone the democratic way. That is through the Majlis. If he could not get enough votes in the Majlis, then it is not the fault of the either the Judiciary or the Majlis.
    It is simply that the people of Maldives did not vote for MDP that they would have a majority. This is democracy.

  4. Although it is outside the PIC's mandate, the blame for all of this must fall on Nasheed and his advisors.

    Ahmed Faseeh is being punished for following orders from his bosses. It is a pity that we do not have a culture of respect for the law. If not Faseeh may have been saved from this indignity.

    What could he do? He would have been fired or worse if he had done any more than he did. However I believe that he sincerely tried to save police from the worst of what the Nasheed-regime tried to get them into.

  5. So all what we saw the 6th night and the 7th morning is an illusion and the magician was Nasheed, not Umar Naseer not buruma, and certainly non of police or army, remember Jameel's & Azima's stating: "no legal action will be taken against police or army by governament"..

    First: 23rd ittihad, and declaration of war,,,
    Second: Umar and his ladders,,,,
    Third: intelligence mention the involvement of senior police officers in an attempt to overthrow gov.
    Fourth: Nasheed, or anyone will act accordingly, remove police from sene, they are compromised.
    Fifth: Realistic demands not to follow unconstitutional order? Umar's words, and not in police law, if police wants strike, they should take off their uniforms and strike, so,,,,treason!
    Sixth: No further unconstitutional orders?? are they following any law to behave like barbarians on the 6th night and 7th & 8th feb.??? NO
    Seventh: No action should be taken against them,?? anyone does wrong, defys orders, and commit treason,,,,,,,25years, not Nasheed then,nor BB Jameel now can save them, all drama aside.
    eighth: Asked to leave the square but they didn't,!!! well Umar and his gang were there, pls look yourself up the pictures taken that day,
    Nineth: Asked Faseeh to come down at 10pm,!! What for? what can't wait till the morning, civilised and behind closed doors instead?
    Tenth: The group standing in the morning have been briefed by some officers (look in the video of their mission statement, the guys in the middle)
    who inturn have been in contact with Umar the whole week and specially that night, to say one thing "WE WILL NOT FOLLOW ORDERS"
    Eleventh: Nasheed goes to square, knowing some of those officers have fooled the many unknowing and gives them a choice to go back to HQ, and one officer instructed to chant,,pothead, to break any chance of going back on those who wanted a way back..
    Twelveth: Thulhath finishes his deal with Ilyas, takes the us$ 8 million and calls Nazim,,,
    Thirteenth: Nazim calls Riyaz and iffe and goes to KK.
    Fourteen: Thulhath also asks 30 MNDF officers to walk and chant "Allah Akbar" on from BK to square and books his flight to SQ, after few days,,
    Fifteen:MNBC transmission is cut!!!why?? To protect them from who?? and to protect them, live feed is via VILLA TV,??? And Who authorised use of Live ammunition by police,,, even faseeh dont carry a gun!!
    Fifteen:All those wearing uniform calling for Nasheed resignation are ghosts,,!! we know them but PIC saw civilians??

    I'd go on but am fed up with PIC,JSC,ACC, as commissions are supposed to be independent and more powerful than the institute it regulates,,,

    pathetic Shahinda, very pathetic!!!

  6. PIC , why don't you blame Nasheed for the middle east crisis, or the asian tsunami or may be the problems of global warming???

    that will take him off the ballots for life don't u think??

  7. The circumstances that lead the transfer of power and police brutality have two face values in Maldives. The two notions are defined separately between political divide. The difference is not political difference of political parties, the difference starts in defining democracy; everybody wants democracy because it is for people by people. In Maldives for people by people is defined within the Islamic framework. Everyone in Maldives belong to Islam and Islam is first before you become a human, your rights does not come from own desires and expectation, your rights are within the boundaries of Islam. Once your credibility of your allegiance to Islam is in doubt you have no right of getting any fair treatment. But there are few people who want democracy based on universal human rights; this group is not popular as those who want democracy with reservation to universal human rights. The transfer of power is judged with this fundamental difference. All institution in Maldives, human rights, judiciary, police and all those who over see these intuitions are manned by those who are reluctant to accept democracy based on universal human rights. The people who want democracy based on universal human rights have less influence on these institutions and have no power to get any constitutional ruling in any of their claim. The fight against Nasheed was started because of the two ideological deference, Nasheed always had weak hand and it was always fragile and was about to collapse. The security forces did not have any loyal allegiance toward Nasheed and he was trapped between these two ideological differences and was handicapped by not having any backing from any institutions that can change political landscape in Maldives.

  8. Hey, tsk tsk. You seem to have lost your touch. It's always a 'personal attack' coming out of your brains now. What's up with that?

  9. Order of the commander to take over MNBC was lawful as a military capture and order of the commander in chief unlawful. Joke of the century. Disobeying commander in Chief and demanding his resignation lawful.

    The credibility , not iota of.

  10. The police of this country have taken a solemn oath to uphold the Constitution of the country and to maintain law and order in the country. They are indeed the heroes of the hour. We owe them a deep debt of Gratitude, for being the true protectors of our Constitution and Our way of Life. Every patriot in this land should remember that on that Feb night, we came close to losing the most precious thing that we have as a nation – our identity. These sons and daughters who risked everything – even their lives, by their stand saved this nation. They are our heroes!

    The police sometimes in discharging their duty to maintain law and order are constrained to use force to fulfill their mandate of maintaining law and order. From this arises accusations of excessive use of force and their highest expression is accusations of police brutality.

    In the real world, police brutality, police excesses and non-exercise of impartiality are common accusations leveled at the police forces in all countries of the world barring none, when public order is threatened. We have seen this taking place time in and time again in even the liberal democracies - the supposed standard bearers of human rights in the world.

    However sympathetic we are with the police, we accept the limitations & short-comings of the police. We also give our vote of confidence that given time and the resources the Maldivian security forces would mature into an efficient organ upholding our constitution and comparable to any other force in the world.

    To realize this end we need to as a nation seek advice & training from the liberal democracies of the world. If nothing else the theory they impart is the best available in respecting human rights and addressing breaking down of the law and order situations.

    As for organizations such as human rights watch, amnesty international; their pronouncements carry little weight with large swathes of humanity simply judging from their biased stands or their silence with relation to human rights violations in different parts of the world.

    As we saw not long ago, its within their norm of operations to be almost silent on bus bombings, suicide bomb attacks and violence and carnage meted out by LTTE terrorists in the densely populated centers of Sri Lanka, and going all vocal and bringing the roof down with the protestations when the Sri Lankan security forces try to deal Prabahakaran’s blood thirsty terrorists.

    The Sri Lankans would tell you how impartial and hypocritical and biased some of these organizations are. Look at their track record in places like Iraq, Afghanistan, Gaza, West Bank & Israel, Tunisia, Lebanon, Algeria, Myanmar & Rwanda – it would be very informative …….

  11. Isn’t it time for all these commissions to let Maldives become a democratic state instead of a Police state.
    The Police and Army had no right to interfere in the politics and take the Baaqee side. They should be penalized and given the highest criminal offence that the laws permit.
    They took and oath to obey the Constitution of the Maldives and protect the ruling President .. they were bribed by Burumaa Qaasim who is ruining the country again and again with his great economic stupid mind.
    Even the high ranking Police officers and Jameel and Azimaa Shukoor should be brought in front of the Judge and dealt according to our laws for being BIG crooks.

  12. amaldivian, you must understand what the majority of the Police did was to uphold the constitution on the night of the 6th and morning of the 7th till there was chaos and loss of command and control due to the antics of Maria and others who came and attacked the Police.
    Nowhere in the constitution does it say that they should be loyal to the President.

    I feel sorry for Faseeh. He would damned if he did and damned if he did not. If he did not obey the Home Minister and recall the Police he would have been sacked on the spot. In hindsight he should have refused.
    He did the best under the circumstances by requesting the MNDF to take over.
    But people should understand the important question, of why did Anni remove all law enforcement from the artificial beach?
    This is the issue here. He wanted bloodshed. He wanted both sets of people to fight and sure as the sun rises, there would have been blood shed that night and deaths if the Police had not stopped it.

    Did they do the right thing by attacking and destroying the Haruge? Of course not. That was a violation of their oath too and they should be prosecuted. Should they be prosecuted for what they did on the 8th? Most certainly they must face the full force of the law and be prosecuted.
    As for MNDF, they did nothing wrong. The only way they could have stopped the Police or remove the Police was to use lethal weapons.
    The result would be the same. Maldivian deaths and the outcome would be much worse.
    If Anni had not removed the law enforcement from the artificial beach and also did not try to arrest the Police who went to artificial beach, it would have fizzled out and he would still be President.

  13. Police and Army didn't uphold any law or constitution, this drama will not be tolerated anymore, wrong is wrong even if it's done by police or army!!!
    Maria & MDPmembers knew the police force was corrupt, knew there was a sense of betrayal and miutny within the ranks of armed forces.
    They didn't attack anyone, they have as much right to be in jumhooree square, so they continued to protest against police mutiny and unlawful demands, (police wanted to stop going to coalition protests, they wanted to stay in the square when their officers asked them to leave even,and they were dilusional to ask no action against them)....

    how can anyone call this lawful or constitutional,,????

    if police had the right to demonstrate,strike or stop service,,fine!!!! First of all they must take of their uniform, they cannot choose to stay in square when ordered to leave on the 6th night, not in the morning,,they cannot assume command and start demanding things in uniform, theolice cannot refuse an order by executive, and finally cannot ever ask pardon for all those acts!!!!'

    The president is Cheif of armed forces, he is the commander in chief of all armed forces, Army or police,,,, do pls don't say constitution doesn't say that!!!
    president of Maldives, any president must be obeyed, respectfully , this is not even arguable

    All of us heared Umar Naseer and his ladders,calling for Mutiny openly on national TV, Hameed has evidence police was compromised and had dirty cops within, who were planning a gov. topple, BWM' behaviour in MDP last cabinet meeting says something is not right!!, BMW meetings lice the night before all this happens explains the plan crystal clear,,

    What would BMW, Baaghy Jameel would do if they knew some police officers are planning a mutiny and joining MDP? ask yourself,

    The main reason is to take off any compromised officer off that sene, because they are not police officers then, they are uniformed gang in treason,,,

    If Anni wanted a bloodshed, he would have orders the immediate gun fire on the morning of 7th, but he is not like MAG,BMW,BB Jameel,, he is above any of them, he is a true leader, who knew some low ranked officers were blindfolded by their corrupt officers, he went to that square to talk some sense in them, then a corrupt officer chants filth, If they wanted Faseeh, his boss(the president) came but how filthy and cunning they behaved, National TV shows this,,,,

    MNDF are the sole protector, by oath, by law, by constitution and by common sense of the president,,,!!

    MNDF are not likeolice,they are supposed to be disciplined, behave with confidence and determination, upholds country, president and people's before themselves,,
    6th Night, they moved to Artificial beach and did the job, but when they were ORDERED to evacuate Jumhooree Miadhan, they didn't, they couldn't & they didn't want to!!!!

    As for using of lethal force, we know there are many other ways to remove police from Jumhooree square other than forcefully,,

    It's funny, they supposed to be loyal to now home minister!!!?? not even Waheed!!!

  14. Jameel, thi liyuvvumah alhugandu thaaeedh kuran.mi qawmah minikamethi kan midhimaavee MAG verkan dhoonukuravvan ulhuvvumun.Raiyyathunnah jehunee thimannaa mee verikan beynun meeheh nooney bunamun dhiya meehakah verikan dheyn. MDP mulhi raaje there ah dhathurukoh democracy dhaskoh dhinumah heevaagi kamaa eku massaiykaiy kuramun dhanikoh odi ah eruvvee maa adugadha beyfulheh, arruvvai ekkala hageegee baaneen odin beyru koffi. dhen mijehunee avas avahah ehen dhimadhimaalah gos democracy ah massaiykaiy kuran.namaves adugadha meehaade ruhgina vaaney bunaa misaalun mijehunee verikan beynun noon meehaage adugadhakamun eynaa ah vote dheyn. Eyru odi bandhedhin maavadi govaa 'HEYONUVAANEY HASSANU ODIN BAALAASHEY, THEE HAMA MUGABE' ey'.kuraane kameh neh, maagina vagutheh neh. Hassanah keyolhukan libijje, hurihaa maalimeen ah mijehunee Hassan keyolha kah bahattaigen dhuvvan. mifaharu Hassange adu maagadha, mihiree bodu keyolhah, hama falhuverin bunaa eggotheh ves naha dhaa, heyo naseyhathe dhey irah buneyoala isthiufaa dheyn. bala hageegee baaneen odin faibaakah beynumeh noon, emeehunge haggeh vaakamah dheki odin nufaibaan thibee. keyolhakah mas aaneh nufenunu, mas nubeynigen raiyyathun ronee. keyolhu rulhigadha koh kandu thakaa mudhaa thah vikkan fashaa odee gaa thibi falhuverin hiyyhama jassaadhevey tho beli. falhu verin varah ufaavejje, namaves raiyyathun ratha, keyolhu hamain nettijje, odi farah araifi. adhives keyolhu adugadha kuranee, aa odi ah ves aran. laahikeh noon, Allah iraadha kurevviyya, raiyyathun odeegaa thibi falhuverinnakah ves dheneh ithubaareh nukuraane. Maavadi bey bini bas hadhaan koh dheneh efurusatheh keyolhu moyavias nudheynan.Emme furathamaves hedhee dhogu, olhuvaa laigen hus dhogu. eyruves aharumennah egunu.

  15. Nasheed had also taken the oath to protect the nations, abide the law and protect our religion . Being a head of the Government he should not be within the oath and he should not give illegal orders .

    If Anni had not given illegal orders and if he hd acted within our boundaries of the laws and regulation , Anni should still be the president.

    Maldivian Police did the right thing of not obeying illegal orders and it is their right and they can not be questioned of not being followed the illegal order by Anni.

  16. jameel, this is the question that should be asked, especially by independent journalists. but this is not independent journalism. minivan is run by mdp propagandists.

  17. It seems everyone including independent commissions (HRCM, PIC etc., etc.) are all interested in taking measures to protect the interest of "stakeholders"!

    And what all these people fail to understand is, who the real "stakeholder" is!

    No politician, business or whosoever is the "stakeholder" in this except the people of Maldives!

    Give justice to the people of Maldives!

    The people of Maldives saw this happen and no one can fool them!

    Why this happened, why that happened, let them all be this and that!

    Also let all this kid stuff “A very noble request or demand can still be made in an unlawful environment. This is what we are saying. The demand by the police to not give them unlawful commands was within the boundaries of law. But that they had remained there, with civilians, as part of what had escalated into a politically motivated gathering is wrong.” be kid stuff!

    All these happenings and why Police and Military behaved as they behaved and why the Police remained with the civilians was no coincidence. There never was any unexpected happenings! Everything was preplanned long long before this happened!

    And why this report delayed until CoNI report was out as Mr. Saeed have said is also no occurrence! All these are well thought about and planned.

    Give us the ballot paper NOW! Not 2013.

    People have been wronged. Give the people justice!

  18. Not only Shahinda losing her job. her hubby, the current deputy solicitor general's life too hangs on a suspended rope.

  19. I also demand justice for myself as a Maldivian citizen (I would not presume to speak for the entire country as others do).

    I demand that;
    - The Constitution and the laws of the country should be universally applicable. If our friends and relatives are to be tried for their crimes then Ex-President Mohamed Nasheed must be tried as well.
    - My right to walk on the streets should be protected without having to come across angry mobs gathering for no obvious reason at any spot they wish.
    - Opportunities should be provided on an equal basis. If an NGO I register cannot occupy Artificial activities for an entire year no political party should be allowed to do so either. Imagine the funds any of us could raise if we were allowed to construct swings and joyrides in an open area which we could stay on indefinitely.


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