Tag: amnesty international

Maldives’ human rights worsening, Amnesty tells UN

The human rights situation has deteriorated in the Maldives over the past four years, says Amnesty International in its report to the UN Human Rights Council.

In its submission for the country’s second Universal Periodic Review (UPR) titled ‘Republic of Maldives – Ignoring Human Rights Obligations’, the NGO accuses the government of having failed to implement recommendations made in 2011.

“Furthermore, it has effectively been undermining human rights protection by failing to strengthen the independent institutions of the state including the judiciary, which needs urgent reform.”

The report – made public for the first time last week – notes the “emergence of vigilante religious groups”, “fundamental flaws” within the judicial system, and the “feared abduction” of Minivan News journalist Ahmed Rilwan.

It also accuses the government of not defending the independence of the Human Rights Commission of Maldives (HRCM), which is currently being prosecuted by the Supreme Court as a result of its own submission to the UPR.

The UPR is a state-driven process that reviews the human rights records of all 193 UN member states every four years, based on submissions by the government, the UN, NGOs, and national human rights commissions.

A mid-term assessment of the Maldives’ conformity with the 2011 recommendations found that it had “fully implemented” only three of the 145 recommendations – with 12 recommendations “partially implemented”, and 33 “not implemented”, 96 recommendations receiving “no response”.

Abductions and impunity

The report also observes the lack of prosecutions for the perpetrators of a series of abductions reported last year, as well as a failure to bring the investigation into Rilwan’s disappearance to a conclusion.

“Impunity for human rights violations, especially for torture and other ill-treatment and for unnecessary or excessive use of force by police against demonstrators has been a persistent failure of the government,” reads the report.

Amnesty highlights the non-disclosure of information regarding alleged excessive force during the raid on the Anbaraa music festival in April last year, as well as the lack of prosecutions for acts of police brutality carried out on February 8, 2012.

Attorney General Mohamed Anil told the Majlis last August that the cases of five officers were ongoing. The Commonwealth-led Commission of National Inquiry described an “urgent need” for accountability and sanctions more than two years ago.

The report accuses the government of failing to protect the rights of freedom of expression and conscience with regards to the murder of MP Dr Afrasheem Ali, the brutal attacks on blogger Ismail Hilath Rasheed and journalist Ibrahim ‘Asward’ Waheed.

“These attacks took a new form in June 2014 when a vigilante religious group kidnapped several young men, held them for hours, ill-treated them and warned them not to promote ‘atheism’.”

“None of the kidnappers have been brought to justice, even though the identities of some of them are allegedly known to the victims.”

Victims of the attacks have identified four individuals familiar with police in two abduction incidents last June, and another in November. The victims were accosted in order to obtain log-in details for online groups in which religion and gang activity were being openly discussed.

The report went on to recommend a moratorium on flogging – which Amnesty regards as “inhumane” and discriminatory in practice, and the death penalty, which the current government has pledged to reintroduce.

“Amnesty International is disappointed that the Maldives did not accept recommendations to remove restrictions in law and practice on freedom of thought, conscience and religion,” it continued.

Judiciary

The report reserves significant space to highlight deficiencies within the judicial system, arguing that a lack of judicial independence and impartiality continued to “undermine fair trials”.

“Since the last UPR, the government has taken no visible action to ensure that standards of judicial independence and impartiality are upheld and monitored,” said Amnesty.

Most importantly, states the report, there has been no action to strengthen the Judicial Services Commission (JSC).

“There is a perception in the Maldives, frequently voiced by judicial and government authorities to Amnesty International, that the principle of judicial independence would not be upheld if the government were to scrutinize the conduct of the judiciary.”

After repeated investigations into the alleged appearance of Justice Ali Hameed in a series of sex tapes in 2013 failed to find adequate evidence for disciplinary proceedings, Hameed was himself appointed president of the commission earlier this month.

“While Amnesty International would oppose interference by the executive in the affairs of the judiciary, it considers that statutory state organs entrusted with maintaining judicial accountability, such as the JSC, should monitor and take action against any breaches of impartiality,” read the UPR submission.

The JSC came in for particular criticism for its role in the dismissal of two Supreme Court judges last month. In a decision slammed for its lack of transparency, the commission found Chief Justice Ahmed Faiz and Justice Muthasin Adnan unfit to sit on the bench.

After Majlis members voted through the JSC’s recommendations, local and international groups expressed concern over the decision’s impact on judicial independence.

After the HRCM’s UPR report – criticising the centralisation of judicial power in the Supreme Court – ‘suo moto’ proceedings were initiated against it last September, prompting Amnesty to call for the commission’s independence to be guaranteed.


Related to this story

Maldives “fully implements” three of UN’s 145 human rights recommendations: UPR mid-term assessment

Women’s rights and treatment of migrant workers needs improvement: UN review

Supreme Court initiates suo moto proceedings against Human Rights Commission

Likes(0)Dislikes(0)

Amnesty calls on Maldives police to “intensify efforts” into cases of threats, violence, and abductions

The Maldives police force must “intensify efforts” to find those responsible for death threats, abductions, and violent attacks against journalists, politicians, and civil society activists says Amnesty International.

“The Government of the Maldives is obliged under the international human rights instruments it has ratified to ensure the security and physical integrity of all persons,” said the Human Rights NGO in a statement released yesterday.

Amnesty went on to list the large number of incidents from recent months, including the disappearance of Minivan News journalist Ahmed Rilwan 71 days ago, and an attack on the outlets’ premises in September.

“In particular the International Covenant on Civil and Political Rights and the International Convention for the Protection of All Persons from Enforced Disappearance, require ensuring the protection of all people from abductions, death threats and attacks.”

A number of abductions by vigilante gangs targeting perceived secularists in June were followed by threats made against journalists attempting to report on a rise in gang-related violence at the start of August.

Rilwan – who himself had reported on these threats – was last seen on the ferry to Hulhumalé on August 8, just minutes before a man fitting his description was seen being forced into a car outside his apartment.

Tension in the capital Malé rose again in late September following the release of a private investigative report into Rilwan’s disappearance.

The report, commissioned by local NGO Maldivian Democracy Network, suggested that radicalised gangs were the most likely culprits in a number of potential lines of inquiry detailed.

Police labelled the investigation “irresponsible” and “politically motivated”, suggesting it had violated the human rights of those involved and vowing to take against against those involved in the report’s compilation.

A series of death threats followed the release of the report and the subsequent media coverage. One individual mentioned in the report was arrested following the attack on Minivan News offices before being released by police the following day.

The offices of the Maldivian Democratic Party (MDP) were also attacked a number of times, while the party’s MPs were threatened and homes attacked. The party has described recent threats to its MPs as being too many to mention.

Police response

The Inter-Parliamentary Union has described the authorities’ response as a test of the country’s democracy, while the EU has expressed concern over “mounting gang violence and signs of increasing religious intolerance” in the Maldives.

Police are working with local telecoms companies to identify the source of the threats although the Communications Authority of Maldives has said the use of foreign networks and computer software would make the culprits harder to trace. Threats sent to MDP leader Mohamed Nasheed while in the UK this month have resulted in the involvement of the UK’s metropolitan police.

After continued criticism of the police’s investigation from both Rilwan’s family and international groups, four individuals were taken into custody earlier this month in connection with the disappearance, although three have since been released.

Police have yet to suggest any possible theories or lines of inquiry into the disappearance and have previously stated that there was no concrete evidence linking Rilwan and the reported abduction in front of his apartment.

Speaking with Vaguthu last week, Police Commissioner Hussain Waheed accused both the family and local media of impeding the investigation.

“Certain media has acted in ways which has caused the police investigation to lose some of the leads we had so we urge the media to not do their own investigations into the case,” said Waheed.

“If Rilwan’s family and the media acted responsibly we would be seeing a better outcome than what we are seeing right now,” he told Vaguthu.

When Minivan News requested a similar interview with the police commissioner, it was informed that scheduling issues would not make this possible during the coming weeks.

The past eight days have seen a further number of attacks on the MDP during its tour of the southern atolls. 16 men were arrested following attacks on a party rally in Feydhoo, though all were subsequently released without charge.

The party’s offices in Addu were also attacked by arsonists following the disrupted rally.

Likes(0)Dislikes(0)

Amnesty International urges Maldives to investigate brutality at Anbaraa

Amnesty International has urged the Maldives to investigate allegations of police brutality during a raid on a music festival on Anbaraa Island in April.

Although police claimed they carried out the raid on suspicion of drug abuse, their actions on Anbaraa seems to have been focused on stopping the festival and forcing women to cover themselves up, said Amnesty.

The organisation highlighted claims of unnecessary force, arbitrary arrest of 79 festival goers on alleged possession and use of drugs, ill treatment of detainees in police custody and denial of rights to freedom of assembly and freedom of expression.

Festival participants told Amnesty that the police manhandled many of them, verbally abused them, threw them to the ground, and forced them to lie face down.

Police also ransacked and looted their belongings, said festival-goers. Some detainees were beaten up while other suffered sexual harassment, Amnesty was told.

The Police Integrity Commission (PIC) said it has not received any requests to investigate police brutality during the festival.

Police were not responding to calls at the time of press.

Arbitrary arrest

Of the 200 festivalgoers, police only arrested 79 – including 19 women and a 17-year-old girl. The rest were set free.

It was only in remand hearings that the detainees learned they had been taken into custody for the possession and use of drugs.

Contrary to police statements that all detainees had tested positive for drugs at the time of arrest, drug tests were only performed after the court hearings at the Dhoonidhoo detention center, Amnesty said.

“The police said they raided the Anbaraa festival because the participants were using drugs. However, the delay in carrying out drug tests, and the fact no one has been charged with any offence, raises concern that this was only a pretext.”

The raid occurred despite approval from the authorities including the Ministry of Tourism to hold the festival, Amnesty said.

“However, in the very early hours of 20 April, the police raided the island from the sea in full riot gear and masks, shot off flares and rubber bullets and rounded up festival goers,” Amnesty’s statement said.

The organisation reminded the Maldives Police Service that law enforcement officials shall “as far as possible apply nonviolent means before resorting to the use of force and firearms” as per UN basic principles number four on use of force and firearms.

Festivalgoers told Amnesty that officers beat them up when asked to explain why they were being arrested.

One participant told Amnesty that she was kicked hard in the back by a policeman for not putting her hands up when ordered to, because in a state of shock she did not know what she was supposed to do.

Police officers also used pepper spray without provocation, they said.

Sexual abuse

Female participants told Amnesty of sexual abuse and humiliation. Police officers allegedly told female detainees they would “shove their batons up them.”

Another woman recounted: “We were separated from the men and then the police draped the women, some of whom were wearing shorts and shirts, with material because they said we were not decent.”

“They also filmed us. They meant to humiliate us and refused to say why we had been arrested. We spent the night in handcuffs, with little water and no food until morning,” she continued.

Police action seems to have focused on forcing women to cover themselves up, Amnesty said.

“Although there are no laws banning music in the Maldives and Islamic dress is not mandatory, police action appears to have focused on stopping the music festival and forcing women wearing skirts and shirts to cover themselves,” the statement said.

The last of the three Maldivians in custody were transferred to house arrest on June 2. A Malaysian national is still at the Dhoonidhoo Detention Center, Amnesty said.

Amnesty International has called attention to the police’s frequent use of excessive force against demonstrators, especially in the aftermath of the controversial transfer of power in February 2012.

A previous version of this article incorrectly said five of the Anbaraa detainees are still in custody.

Likes(0)Dislikes(0)

Maldives must stop “retrograde” step towards death penalty: Amnesty International

Amnesty International has called upon the Maldives government to halt any plans to end the current moratorium on the death penalty, calling such moves a “retrograde step and a serious setback for human rights in the country”.

The statement follows Home Minister Umar Naseer’s decision to order correctional authorities to begin preparations for implementation of death sentences by lethal injection.

“There is no such thing as a ‘humane’ way to put someone to death, and no evidence that the threat of execution works as a deterrent to crime. Maldives should put an immediate end to such plans now, and instead abolish the death penalty in law once and for all,” said Amnesty International’s Maldives Researcher Abbas Faiz

“The government’s order is surprising and extremely disappointing. The death penalty violates the right to life, regardless of the circumstances of the crime or the execution method used,” he added.

President Abdulla Yameen – on a state visit to Sri Lanka at the time of Naseer’s announcement – has subsequently promised “broad discussions” on the issue within his cabinet.

While death sentences continue to be issued in the country, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954 for the crime of practising black magic.

The Maldives currently has 20 prisoners sentenced to death – a punishment the recently elected Yameen said he would support during his election campaign after a rise in the murder rate.

The most recent passing of the sentence came just days prior to Naseer’s announcement. Hussain Humam Ahmed was sentenced to death for the brutal murder of MP Dr Afrasheem Ali in October 2012. The sentence was handed down at the behest of Afrasheem’s heirs – permitted to request the death sentence under Islamic law.

Amnesty have pointed out that the apparent decision to resume the death sentence is in contradiction with the International Covenant on Civil and Political Rights – a treaty to which the Maldives became a party in 2006.

Though Naseer noted that he intended to act “in accordance with international treaties we have signed”, Amnesty have stated that death sentences handed down to juvenile offenders are contrary to international law.

Speaking on Thursday, Naseer has stated that the order is in alignment with the draft bill on death penalty implementation which the state has made ready for submission to the parliament.

“We will not wait for laws to be drafted and passed. The law allows for implementation, and it is at the discretion of the home minister to order implementation,” Naseer said, adding that – should a relevant law be passed in the future – the state would then abide by the new laws.

The home minister noted that all appeals processes would be exhausted prior to implementation of the sentence.

Amnesty has suggested that the public interest might be best served by strengthening the judiciary in order to prevent human rights abuses during criminal proceedings.

In a damning 2013 report, Special Rapporteur for the Independence of Judges and Lawyers expressed concern over the failure of the Maldives justice system to address longstanding issues of corruption and human rights abuses.

Likes(0)Dislikes(0)

HRCM claims mandate pushed to limit over 15 year-old’s flogging sentence

The Human Rights Commission of Maldives (HRCM) has said its mandate has been pushed to the limit after “braving” the country’s courts to oppose a controversial flogging sentence handed to a 15 year-old sexual abuse victim that was overturned this week.

The flogging sentence handed to the minor by the Juvenile Court in February was  overturned by the High Court yesterday (August 21) after the girl denied confessing to having had consensual sex with an unknown partner.

HRCM member Jeehan Mahmoud said that the decision to punish the minor, which has since garnered global media attention, represented a “continuous failure” on behalf of the whole state to protect children and other victims of sexual abuse.

She therefore called on all stakeholders to strengthen their internal mechanisms for protecting vulnerable people in the country.

“Lots of money has been invested, but we have failed to uphold a system,” said Jeehan. “There must be a better translation into reality. We need to ensure that the group works for all cases – rather than the one or two that gain international attention.”

Jeehan said that as part of efforts to appeal the flogging sentence handed to the minor, the HRCM had adopted what she called an unprecedented tactic of “braving the courts” as a third party by directly approaching the judiciary.

“We required permission from the courts,” said Jeehan. “This was a groundbreaking opportunity…we pushed our mandate to its limits.”

Authorities had previously said that the minor had confessed to having consensual sex during a separate investigation into her alleged abuse that had resulted in the birth – and subsequent murder – of her baby.

On the back of the High Court’s ruling yesterday (August 21), Amnesty International – which has previously warned that the 15 year-old’s case was the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences – has released a statement welcoming the decision.

“Annulling this sentence was of course the right thing to do. We are relieved that the girl will be spared this inhumane ‘punishment’ based on an outrageous conviction,” said Amnesty’s Deputy Asia-Pacific Director Polly Truscott.

Amnesty went on to argue that the sentence ought not to have been imposed in the first place, before calling for a moratorium on flogging.

Despite the moratorium calls, President Dr Mohamed Waheed defended the wider use of Islamic Sharia in the country’s courts, while expressing his satisfaction with the High Court verdict this week.

“I also note that [the] verdict has established beyond doubt the sound principles of Islamic Shariah for such cases and became part of the country’s legal framework,” said the president in a statement.

“Considering the state of the country today, with sexual violence against women and children increasing daily, it is essential for the criminal justice system to ensure that women and children do not become prey to further abuse. I believe that establishing procedures necessary for the legal framework to protect such children is a welcome development to ensure that such tragic incidents do not repeat.”

Waheed added that he saw the decision as “major progress” in the protection of children’s rights. He concluded by saying that the child was still under the state’s care.

“The state will continue to provide the assistance she needs to overcome the tragic ordeals she endured and live a happy life in our society.”

Attorney General (AG) Azima Shukhoor echoed President Waheed’s comments today, arguing that Islamic Sharia is perfectly well-equipped to protect the rights of children.

The AG also spoke of an online Avaaz petition calling for both the minor’s sentence to be overturned as well as an end to flogging, criticising those she said had “politicised” the issue, arguing that they had made the work of Maldivian authorities difficult.

The online petition was signed by over 2 million people – a group more than six times the population of the Maldives.

The Maldivian judicial system currently practices a combination of common law and Islamic Sharia. Article 142 of the country’s constitution mandates that any matter on which the constitution or the law is silent must be considered according sharia.

Maldivian civil society group Advocating the Rights of Children (ARC) meanwhile has continued to press the government for ratification of the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure.

This protocol provides an additional avenue of complaint should the state fail to uphold the rights of a child, which ARC mantain would greatly improve upon current domestic mechanisms.

“The case of the 15- year old girl is a good example of how the procedure could have been used to approach the UN Committee,” the group’s co-founder Zenysha Shaheed Zaki told Minivan News.

Likes(0)Dislikes(0)

“Murder has to be punished with murder”: Yameen calls for death penalty to be put into practice

Progressive Party of the Maldives (PPM) Presidential Candidate Abdulla Yameen has called for the death penalty to be put into practice in the Maldives, a day after vowing to reform the judiciary.

The MP, half brother of former autocratic ruler Maumoon Abdul Gayoom, made the comments while speaking on the program Voice of Maldives on Monday night (July 22).

Yameen explained that although he was not previously an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from murders that have become too commonplace, according to local media reports.

Yameen noted that as a result of the “recent spate of killings” in the Maldives he has had a “change of heart” and now believes “murder has to be punished with murder.”

“It is something that has to be done. We cannot move forward without making our streets safe,” Yameen said.

Yameen explained that a death penalty sentence should only be implemented if upheld by the Supreme Court.

“I now believe, if it can be proven in trial so that the country accepts, if it is proven to a degree accepted by judicial principles, if all the steps are followed, and if the Maldivian people believe, I believe that the death penalty is necessary to save society,” he said.

He also noted that because detailed legislation is necessary to implement the death penalty, the current government recently proposed a death penalty bill in parliament.

Regarding whether he would implement Islamic Sharia law, Yameen’s response to a caller was that “justice is currently delivered in the Maldives through Islamic principles” and that he would act “in accordance with what is laid out by the constitution.”

He pledged that under a PPM government he would “do whatever has to be done” to make the Maldives a peaceful place.

Yameen also denied financing or having links with gangs, claiming these allegations “do not have any basis” and politicians perpetuating such rumors “lack sincerity”.

Such rumors that Yameen has gang ties have “been around a long time”, according to CNM.

During the PPM presidential primary, former candidate and PPM Vice President Umar Naseer publicly accused Yameen of involvement with gangs and the illegal drug trade. However, Yameen denied the “defamatory accusations” calling them “baseless and untrue”.

Yameen further noted during the Voice of Maldives program that a “major part” of the government budget would be spent on youth, including a special rehabilitation program for drug addicts, with more than 900 placements available, if he is elected president.

Last month, Yameen also announced that PPM intended to transform Hulhumale’ into a “Youth City” where enough apartments to accommodate young people would be constructed.

Judicial reform pledge

Meanwhile, a day prior to Yameen’s comments in favor of implementing the death penalty to quell violent crime in the Maldives, the PPM presidential candidate pledged to reform the judiciary, even if it required amending the constitution.

To gain investors’ confidence and bring foreign investments to the Maldives, reforming the judiciary to ensure swift justice and confidence in the institution is necessary, Yameen explained.

“We see the many challenges ahead from every direction. So we are not only competing with other candidates. We are competing against the flailing economy and fading culture and values,” he said.

Yameen told local media that Chief Justice Ahmed Faiz Hussain had also noted the judiciary has “problems”.

Faiz has meanwhile urged the public and media to refrain from making statements that would give a negative image of the judiciary, and called for constitutional amendments.

His comment’s follow the Maldives Bar Association (MBA) calling for the suspension of Supreme Court Justice Ali Hameed pending an investigation into his alleged sexual misconduct. Hameed is under investigation by both the police and Judicial Service Commission (JSC) over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

Earlier this year, Faiz said that the current seven-member bench of the Supreme Court cannot be abolished and will continue to remain as the highest court of the country as long as the Maldives remains a democracy. In July 2012, the Chief Justice also said the death penalty can be executed within the existing justice system of the Maldives.

Death penalty controversy

While the Maldives still issues death sentences, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954, for the crime of practicing black magic.

Death penalty legislation was presented to parliament in June by government-aligned Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed to implement the death penalty by hanging if the Supreme Court upheld a death sentence passed by a lower court. The legislation was put to a vote to decide whether or not to proceed with the bill at committee stage and was ultimately rejected 26-18 with no abstentions.

The Maldivian Democratic Party (MDP) MP said at the time that the party’s parliamentary group had opted to throw out the bill on the grounds that it would be “irresponsible” to approve such measures with ongoing concerns held by itself and international experts over the functioning of the country’s judiciary.

The party additionally criticised the proposed bill as being irrelevant, arguing that the country’s draft penal code – a recent issue of contention between MPs and certain political parties – already included provisions for the death sentence as outlined under Islamic Sharia.

Recent calls for presidential clemency to be blocked led Attorney General (AG) Azima Shukoor to draft a bill favouring the implementation of the penalty via lethal injection. It was met with opposition by several religious groups such as the NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

Minivan News understands that the bill submitted by the AG remains open for comments on potential amendments.

More recently, the state called for a High Court verdict on whether the practice of presidential clemency can be annulled.

Eariler this year, the UN country team in the Maldives issued a statement calling for the abolition of both corporal punishment and the death penalty in the Maldives.

Additionally, the state’s stance to review implementation of death sentences has led to strong criticism from certain human rights-focused NGOs this year.

Speaking to Minivan News immediately following a visit to the Maldives in April 2013, Amnesty International’s South Asia Director Polly Truscott raised concerns about the recent drafting of new bills outlining implementation for executions.

She argued that even in practice, such bills would be deemed as a human rights violation, with the NGO maintaining that there remained no research to support the assertion that executing criminals served as an effective deterrent for serious crimes.

She noted this was a particular concern considering the recent findings of various international experts such as UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul, regarding the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she said at the time.

In May this year, Amnesty International condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

Meanwhile, a survey of the leading criminologists in the United States conducted in 2009 found that 88 percent of the country’s top criminologists “did not believe” that the death penalty is a “proven deterrent to homicide”.

The study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists published in the Journal of Criminal Law and Criminology, also found that 87 percent of the expert criminologists believe that abolition of the death penalty would not have any significant effect on murder rates.

Likes(0)Dislikes(0)

Government claims committed to flogging reforms as UK omits Maldives from FCO’s list of human rights “concerns”

The government has said it continues to pursue legal reforms over the use of punishments like flogging as the UK Foreign Office opts against listing the Maldives as a country of concern for human rights abuses this year.

With foreign governments and international NGOs continuing to raise concerns about a flogging sentence handed to a 15 year-old girl in the Maldives, the President’s Office maintained that the matter had already been appealed by the state as part of efforts for wider legal reforms.

However, the government this week maintained its previous stance that any changes to current legal practices over the treatment of victims of sexual offences could not be enforced in the space of a single day – requiring gradual implementation.

The comments were made after UK High Commissioner to Sri Lanka and the Maldives John Rankin this month said that the Maldives had not been listed as a country of concern in the latest annual human rights report from the Foreign and Commonwealth Office (FCO).

Responding to a question about the omission of the Maldives from the list, High Commissioner Rankin, speaking in his 16th official video message, said the country did not presently fit the criteria of a country of concern in terms of human rights violations.

“In considering which countries to specifically mention in the report, the FCO applies a number of criteria. [These include] looking at the gravity of the human rights situation in a country, the severity of any particular abuses and the range of human rights that might be affected,” he said. “Under those and other criteria, the Maldives was not listed. That’s not to say we don’t discuss human rights issues in our meeting to the Maldives government.”

Rankin said that the FCO has raised two key issues with President Dr Mohamed Waheed’s government in recent months.  Among these issues was the case of the 15 year-old girl sentenced to flogging by the Juvenile Court after she admitted to having “consensual sex” with an unidentified man during investigations into her alleged sexual abuse.

Rankin added that the FCO had pushed for “a change in the legal framework” in order to ensure the protection of children’s rights in the country.

Another area of concern raised with the current administration was the effectiveness of investigations into alleged police abuse in the aftermath of the controversial transfer of power on February 7, 2012, he said.

“We continue to raise issues mentioned in the Commission of National Inquiry (CNI) report, in particular the need for substantive results from the investigations into police brutality as called for in the report,” he explained.

Appeal

Responding to the high commissioner’s claims, President’s Office Media Secretary Masood Imad said that the minor’s case passed by the Juvenile Court had already been appealed, while talks concerning legal reforms were ongoing.

“We cannot go any faster on the matter than this, we don’t want to see any trouble like in the past,” he said. “We can’t just go and ask a judge not to [give sentences like this] anymore.”

Masood added that he was convinced reforms would be made and that talks were gradually being held by state authorities to this end, but recommended further inquiries be made to Gender Minister Azima Shukoor.

Shukoor was transferred to the Ministry of Gender, Family and Human Rights earlier this year on the back of two million people signing an Avaaz petition threatening a boycott of Maldives tourism unless the charges against the girl were dropped and the country’s legal framework was amended to prevent similar sentencing.

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

Masood meanwhile claimed that any questions concerning the UK FCO’s concerns over allegations of police abuse in the Maldives should be forwarded to the Police Integrity Commission (PIC).

“They are the ones doing investigations into this matter. I understand they have identified those who have abused these people,” he added.

Assault cases

The Prosecutor General’s Office (PGO) announced yesterday (May 6)  it was pressing charges against two police officers for allegedly assaulting Maldivian Democratic Party (MDP) MPs ‘Reeko’ Moosa Manik and Mariya Ahmed Didi on February 8, 2012, during a brutal police crackdown.

On that day, thousands of MDP supporters took to the streets after former President Mohamed Nasheed declared that his resignation the previous day was made “under duress” in a “coup d’etat” instigated by mutinying Special Operations (SO) police officers.

PIC President Abdulla Waheed’s phone was switched off at time of press.

In an official release published on December 9 last year, the PIC said 24 individual cases of alleged brutality had been reported to have taken place on during and in the immediate aftermath of the transfer of power.

The cases, said to be based on video footage, witness accounts and public requests for information, were all said at the time to be under investigation by the commission.

The PIC noted at the time that both a shortage of trained staff and “Inadequate cooperation” from alleged victims to provide evidence and witnesses had setback the investigation.

“Tip of the iceberg”

In an Amnesty International statement released last month, despite praising “considerable progress” made by the Maldives during the last few years in promoting and protecting civil rights,the NGO claimed “significant human rights challenges”needed to be addressed in the country.

The NGO has called on the government of President Dr Mohamed Waheed to end an alleged culture of “impunity for the arbitrary and abusive use of force by security forces against demonstrators” following the controversial transfer of power on February 7, 2012.

Amnesty’s South Asia Director Polly Truscott, speaking to Minivan News at the conclusion of a nine day visit to the country last month, claimed the controversial flogging sentence handed to the 15 year-old girl was just the “tip of the iceberg” in regards to wider issues over how sexual offence victims were treated in the country.

Likes(0)Dislikes(0)

Sentencing children to death is alarming: Amnesty International

Amnesty International has condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

The Juvenile Court issued the death sentence to two 18 year-olds found guilty of the February 18, 2012 murder of Abdul Muheeth. Muheeth was stabbed at 1:45am near the Finance Ministry building in the capital Male’ and later died during treatment.

Following the sentencing Amnesty International issued a statement urging Maldivian authorities to commute the death sentence and stop the potential execution of the pair, who were sentenced to death after being found guilty of a murder committed when they were under 18.

“The Maldives is entering new and dangerous territory – imposing death sentences for crimes allegedly committed by children is alarming,” said Polly Truscott, Amnesty International’s Deputy Asia-Pacific Director.

“The Maldives authorities are flouting international law – anyone convicted of a crime committed when they were under 18 is exempt from the death penalty.

“The authorities must immediately reverse these death sentences, and the prosecution must not try to uphold the death sentences in any appeals,” Truscott added.

Amnesty International also called for the sentences of other prisoners on death row to be commuted, the establishment of an official moratorium on executions, as well as the abolition of the death penalty.

“Amnesty International opposes the death penalty in all cases without exception. There is no convincing evidence that the death penalty works as a special deterrent against crime,” said Truscott.

On December 30, 2012 the Juvenile Court finished taking statements from the heirs of Abdul Muheeth, where all approved passing the death sentence against the trial’s defendants should they be found guilty.

In March, Police Inspector Abdulla Satheeh said Muheeth was mistakenly killed by a gang and that he was not the intended target.

Police previously announced that Muheeth was not a member of any gangs, adding that he had also held a responsible job at the time of his death.

Death penalty controversy

Article 88[d] of the Maldives Penal Code states that murders should be dealt with according to Islamic Sharia and that persons found guilty of murder “shall be executed” if no heir of the victim objects, according to Islamic Sharia.

Although the Maldives Penal Code allows for the death sentence, it has traditionally been commuted to 25 years in prison.

In October 2012, the government announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

In December 2012, the Attorney General’s Office completed drafting a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

However, earlier this year religious NGO Jamiyyathul Salaf has called on Shukoor to amend the government’s draft bill on the implementation of death penalty, urging that convicts be beheaded or shot instead of given lethal injection.

The bill is currently pending approval by parliament, and has given rise to dissenting opinions on the matter.

This April, the Maldivian state sought a High Court ruling on the President’s discretion to commute death sentences to life imprisonment.

During a hearing on April 22, in a case filed by five citizens seeking to annul laws granting the President discretionary powers of clemency, the state attorney said the government would prefer the court itself provided a decision on the matter in accordance with Islamic Sharia.

The state attorney insisted that the decision be made by the court, despite the High Court Judges Bench emphasising that the state must provide an answer since the case concerned a constitutional matter.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

However in all cases the sitting president has commuted such verdicts to life sentences.

Likes(0)Dislikes(0)

Maldives faces “significant” human rights challenges, despite “considerable progress”: Amnesty International

Amnesty International has announced that “significant human rights challenges” need to be addressed following a nine day visit to the Maldives, where it met with senior government figures and civil society organisations.

In a statement released Thursday (April 25), Amnesty International said that despite the country making “considerable progress” during the last few years in promoting and protecting civil rights, it retained concerns over issues like freedom of expression and wider accountability in the criminal justice system.

The findings were made as part of initial observations by Amnesty’s South Asia Director Polly Truscott and the NGO’s South Asia Researcher Abbas Faiz following a visit to the country between April 16 to April 24 this year.

Speaking to Minivan News at the conclusion of her visit this week, Truscott detailed some of the key human rights challenges facing the country.  Among her observations was the controversial flogging sentence handed to a 15 year-old girl over charges of ‘fornication’, which she believed to be just the “tip of the iceberg” in regards to wider issues over how sexual offence victims were treated in the country.

The current government has already appealed the flogging sentence, while also pledging to move ahead with wider legal reforms concerning the possibility of reviewing the use of flogging as a punishment.

“On a positive note, Amnesty International welcomes the efforts now made by Maldivian authorities, in particular the President of the Maldives, to strengthen measures to ensure that any child who has been sexually abused receives protection, not punishment,” the NGO’s statement read.

“These include a review of all cases of children who have been investigated for ‘fornication,’ that is, sex outside marriage. Under international human rights law no one who either engages in consensual sexual activity or who is a victim of sexual assault, should be criminalised or punished, regardless of their age.”

Amnesty said it also held concerns over a lack of “effective investigations” into several high-profile attacks on media personnel, as well as the murder of MP Dr Afrasheem Ali.

The NGO has called on the government of President Dr Mohamed Waheed to end an alleged culture of “impunity for the arbitrary and abusive use of force by security forces against demonstrators” following the controversial transfer of power on February 7, 2012.

Amnesty International said its calls regarding allegations of “excessive force” by police were in line with recommendations included in the Commonwealth-backed Commission of National Inquiry (CNI) released last year.

The full Amnesty International statement can be read here.

Likes(0)Dislikes(0)