Tag: amnesty international

Flogging of 15 year-old “tip of the iceberg” of Maldives’ treatment of sex offences: Amnesty’s South Asia Director

The high-profile case of a 15 year-old girl sentenced to flogging in the Maldives after confessing to having had consensual sex is the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences, Amnesty International’s South Asia Director Polly Truscott has said.

Following a nine day visit to the country, Truscot told Minivan News that other sexual abuse victims were believed to have had suffered similar treatment under the law as a result of systematic institutional failures.

“Right now, all departments charged with the girl’s welfare are finger pointing and passing the blame,” she said. “But we have met others incarcerated in the country in similar circumstances to this girl.”

“Tip of the iceberg”

Truscott said she had identified serious concerns during her visit as to how young girls and other victims of sexual assault were being treated by authorities.

Truscott raised particular concern over the case of the 15 year-old charged with fornication, after she reportedly admitted to authorities of having “consensual sex” with an unidentified man during investigations into her alleged sexual abuse by her stepfather.

“When this alleged crime was committed, Amnesty was approached by many people asking us to look into the matter. We believes she should not be punished for sexual offences. It is questionable if the girl was also aware as to what she was consenting to,” she said.

Truscott claimed that officials involved in the girl’s care – from the law enforcement team who questioned her, to child protection authorities – had “all failed” in their duties to protect the 15 year-old.

The girl’s case has garnered international attention over the last few months, with over two million people signing a petition on the Avaaz website pledging to target the Maldives’ lucrative tourism industry in order to pressure authorities to drop the charges against the 15 year-old and pursue wider legal reforms to prevent similar cases.

Deputy Tourism Minister Mohamed Maleeh Jamal last month slammed what he called the“dubious” motivations behind the petition, alleging the campaign to be “politically motivated”.  He also noted that the Waheed administration had already appealed the case and also pledged to oversee legal reforms.

Truscott said the NGO also remained “disappointed” over a lack of progress by Maldivian authorities in addressing a lack of accountability in punishing the perpetrators of high-profile attacks on media personnel, as well as allegations of excessive police force.

Despite welcoming progress in areas such as allowing for greater media freedoms “over the last 10 years”, she yesterday (April 24) told Minivan News that the NGO continued to hold concerns over the state’s commitment to addressing several human rights issues.

At the conclusion her visit, Truscott said the NGO also held significant concerns regarding judicial independence, as well as wider institutional failures to protect rape victims.

“Enormous progress”: government

Following a meeting between Truscott and President Dr Mohamed Waheed on Wednesday, the government issued a press release stating: “Regional Director Prescott noted the enormous progress made by the Maldives in the fields of human rights, and freedom of assembly and speech.”

Truscott told Minivan News she had raised concerns during her meeting with President Waheed that not enough progress had been made to investigate allegations of “excessive force” by police officers against members of the public following the controversial transfer of power on February 7, 2012.

“I understand that a few cases have been brought forward by prosecutors, but after a year, this [amount of cases] is disappointing. I had also pressed upon the president the need to bring perpetrators to justice. There is important progress to be made here,” she said.

Media freedom

Addressing the government’s official statement on Amnesty’s findings, Truscott said the NGO believed progress had been made in some areas such as media freedom over the last 10 years.

However, she noted serious attacks over the last 12  months on media such as blogger Hillath Rasheed and reporter Ibrahim ‘Aswad’ Waheed. Both men underwent life-saving surgery after being the victims of separate violent attacks in the capital over the last 12 months.

Amnesty International also pointed to concerns over the murder of MP Dr Afrasheem Ali. Truscott said the country was yet to see any meaningful investigations into ensuring justice for the victims of the attacks.

The courts are currently hearing the cases of several suspects charged in connection to Dr Afrasheem’s murder.  Suspects have also been questioned over Aswad’s attack.

However, suspects have yet to have been charged over the attack on blogger Hilath Rasheed in July 2012, when a group of alleged Islamic radicals slashed the throat of the blogger who had been campaigning for religious tolerance.

Rasheed narrowly survived the attack and has since fled the country.

“From having walked the streets here in Male’ I have seen [security] cameras about. But action seems to have been limited,” Truscott said of the case.

Penal code

Legal reforms were another area of concern raised by Amnesty International following its Maldives visit.  Particular attention was drawn to reviews for an amended Penal Code within the country that would allow for the prosecution of offences not presently accounted for.

While at the same time addressing the government’s stated pledges to review the use of punishments such as flogging, Truscott warned against what she called a “move backwards” over the Maldives’ commitments against the use of the death penalty.

“Obviously, Amnesty International is completely against the death penalty,” she said.

Truscott claimed that the recent drafting of any new bills outlining implementation for executions, even in practice, was deemed as a human rights violation.  She said there was no research concluding that executing criminals served as an effective deterrent for serious crimes.

Truscott added that with the draft Penal Code also including provisions that would leave applying the death sentence to the discretion of an individual judge, the whole purpose of codifying laws would be undermined should the bill be passed.

She noted this was a particular concern when considering the recent findings of various international experts such as  UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul over 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 added.

Visit purpose

Truscott said that Amnesty International’s main purpose during its visit had been to meet with key state officials as well as other stakeholders.

She noted that while having met with senior officials such as the president and Gender Minister, the NGO had not been able to arrange discussions with Police Commissioner Abdulla Riyaz or Home Minister Dr Mohamed Jameel Ahmed during the visit.

Dr Jameel told Minivan News today that he had been busy at the time of Amnesty International’s request to meet, but had since requested his office to follow up and try and set up talks.

Police Spokesperson Chef Inspector Hassan Haneef was seeking clarification as to whether Commissioner Riyaz had received a request to meet the NGO at time of press.

Amnesty criticism

In September last year, Home Minister Jameel criticised Amnesty International in local media for failing to seek comment from the government when compiling a previous report on the country entitled: “The other side of Paradise: A Human Rights Crisis in the Maldives”.

“They had not sought any comments from the Maldives government. I’m extremely disappointed that a group advocating for fairness and equal treatment had released a report based on just one side of the story,” Jameel told newspaper Haveeru at the time.

Meanwhile, just last month, Human Rights Ambassador of the President’s Office “Sandhaanu” Ahmed Ibrahim Didi accused Amnesty International of “fabricating stories about the human rights situation in the Maldives” and of releasing reports about the Maldives without conducting any studies.

Truscott’s comments were made as preliminary observations following her research visit to the Maldives that commenced April 16.  The NGO has said it will be releasing an official statement on its findings later today.

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“Amnesty International is biased; sometimes excessive force is absolutely necessary”: Human Rights Ambassador

Human Rights Ambassador of the President’s Office “Sandhaanu” Ahmed Ibrahim Didi has accused Amnesty International of “fabricating stories about the human rights situation in the Maldives” and of releasing reports about the Maldives without conducting any studies or research.

The Human Rights Ambassador has previously held a press conference declaring that there “should be no opposition parties”, and that “I cannot believe, in fact, I do not at all want to believe, that there can be anyone with views opposing that of the government.

He has also labelled the opposition Maldivian Democratic Party (MDP) an “unlawful organisation which commits terrorist activities and attempts to undermine the powers of the state”, and called for the Elections Commission to dissolve it, on the grounds that “they shouldn’t be allowed to exist.”

In a number of letters to the NGO obtained by Minivan News, the Human Rights Ambassador initially spoke highly of the international human rights NGO, crediting it for the freedoms of assembly and expression currently constitutionally guaranteed to the country’s citizens.

“All Maldivians, especially me, should be very thankful to Amnesty. They helped me immensely back when I was jailed. I must say that, if not for Amnesty, we might still be stuck in an extension of that long 30 year regime [former President Maumoon Abdul Gayoom’s administration]. Back then, we did not even have the rights guaranteed to a German frog. That’s right, even the German frog has won a court case which gave him the right to scream as loudly as he likes,” Ibrahim Didi said at a press briefing held on Wednesday.

“It was an initiative and pressure of Amnesty International that led to Maldives signing the ICCPR (International Covenant on Civil and Political Rights). When vocal youngsters on the street yell ‘baaghee’ [traitor] and vulgarities at me, I don’t say anything and instead smile at them because they are using a right that I guaranteed for them,” Ibrahim Didi said.

“But when these youthful protesters claim that the freedom of expression they use is a right they ensured for themselves, then they are simply wrong. I did it. I got those rights for us. It is I, who achieved the guarantee of these rights, who is now here is the Human Rights Ambassador,” Ibrahim Didi stated.

“Now, going back to the issue, although Amnesty was of great help, now they are being the exact opposite. Now they are acting wrongfully,” he said.

“Amnesty’s Abbas Faiz claims to have conducted studies, but actually they are righting these reports without having conducted any formal research or studies. They are causing so much trouble in the country,” the ambassador alleged.

“I am deeply saddened to utter such words against Amnesty, words which will doubtless upset them. However, this is my responsibility as the Human Rights Ambassador placed in the President’s Office. I have also twice written directly to Amnesty about these concerns,” he stated.

Ibrahim Didi did not clarify whether or not he had received responses to the letters sent to the international human rights civil society. He shared copies of the letters with the media, the first sent on October 30, 2012 titled “Ref: Police violence as ex-president is arrested on 8th October in Fares Mathoda” and the second sent on March 7, 2013 titled “Ref: Former President’s arrest ‘selective justice’ – Amnesty International.”

“Amnesty report extremely biased”

In a letter sent to the NGO regarding the first arrest of former President Mohamed Nasheed to present him to court in October 2012, Ibrahim Didi called Amnesty’s statements regarding the issue “incorrect and extremely biased”, stating they were issued “blindly without any research.”

The letter then aims to explain why the detention of Nasheed was necessary, stating that it was in relation to the former President having “violated the country’s constitution several times”. The letter, however, only offered as example the contentious case of Nasheed’s detention of Criminal Court Chief Judge Abdulla Mohamed, calling the detention “the most ruthless action ever conducted by the military against a citizen of the country in the known history”.

Ibrahim Didi also dismissed any allegations of executive involvement in the arrest of Nasheed, insisting that “the judiciary of the state operates independently.”

He then denied the allegations made in the Amnesty report, repeatedly stating that the NGO had “failed to conduct sufficient research”.

“When [Nasheed] was arrested and there was no confrontation between Nasheed’s supporters and the police. The ex-foreign Minister did not attack the police, for him to be kicked and pepper sprayed on his face as Amnesty’s report says. There was clearly no resistance displayed to use pepper spray in the whole operation. The whole operation was recorded on video and televised on local media,” he claimed in the letter.

“The source of Amnesty’s report was based on an eyewitness and without further investigation it was broadcast, tarnishing the Maldivian police integrity. Hence, we strongly urge Amnesty International to refrain from such exploitations without fully probing into facts as it leads to destruction of peace and harmony in the country.”

The Human Rights Ambassador, while dismissing allegations of police brutality, also offered justification for the police actions of February 8, 2012:

“We vehemently deny any accusation of police brutality during President Mohamed Waheed’s period (since February 2012) but on 8th February the police had to use force to disperse an aggressive Maldivian Democratic Party (MDP) supporters who were armed with long sticks and bricks in their hands to batter the police force. And we would also like to note that the police personnel and Maldives National Defence Force (MNDF) personnel were extremely exhausted on that day while there was no proper command and control formed after Nasheed’s resignation on 7th February sparking chaos in the whole country.”

In conclusion, Ibrahim Didi wrote that Amnesty International seemed to be highly concerned of human rights violations during Gayyoom’s regime, adding “it appears Amnesty International is indirectly rejecting any process of legality as those allegations against Maumoon not being investigated yet.”

Amnesty International had at the time released a report titled “The Other Side of Paradise: A Human Rights Crisis in the Maldives”, chronicling human rights abuses in the country since the controversial transfer of power in February 2012.

Minister of Home Affairs Mohamed Jameel Ahmed had responded to the report at the time, saying the NGO had failed to seek any comments from the government. He did not, however, appear to dispute the contents of the report.

“Sometimes excessive force is absolutely necessary”

In a more recent letter, Ibrahim Didi once again accuses Amnesty of bias, stating:

“We strongly deny that the filing a court case against Nasheed is a ‘selective justice’ being served here as Amnesty International suspects,” the letter read.

“Former President Gayyoom’s rule has been also investigated for three long years during Nasheed’s 3 year term,” Ibrahim Didi wrote. “Apart from the wages and office expenses a Singapore law firm was hired for 25 million US dollars.”

“So we regret to say that Amnesty’s comments come without any research as usual and the statements are biased, favouring MDP. It looks as it a MDP statement. If one is a little bit fair of the comments of the situation, they would blame on the burning properties, attacking of the peaceful pedestrians in their so-called peaceful demonstrations,” Ibrahim Didi alleged.

“Moreover MDP militant parliamentarians behaved inside the parliament house like thugs, destroying government properties and attacking security forces. They have played hooliganism before foreign dignitaries inside the chambers. In this civilized world no one could see such violent scenarios even in African subcontinent,” he continued.

Ibrahim Didi further stated that contrary to what MDP might say, their protests were not peaceful and hence “to stop this kind of violent protests, sometimes excessive force is absolutely necessary to minimize damages.”

He further labels MDP’s demonstrations as “illegal”, adding “If these demonstrations are legal and peaceful, we the whole Maldivians can come out and demonstrate at any time. Some can come out to demonstrate to hang Nasheed and his power clique for robbing the state wealth, shrinking our economy.”

Ibrahim Didi states that the trial against Nasheed is not the only charge against him, but rather “the beginning of a series”.

Stating that “we always believe Nasheed is a mentally ill person”, Ibrahim Didi lists out a number of accusations against the former President. Among these, he states that “Nasheed used state TV and Radio to propagate his party’s agenda” and that “MDP activists along with chairperson ‘Reeko’ Moosa Manik and Nasheed’s right hand lady, Mariya Ahmed Didi had formed Kangaroo Court and conducted rulings on other citizens.”

Ibrahim Didi then refers to the controversial transfer of power of February 7, 2012, saying Nasheed was either “mentally ill” or “intoxicated and his brain was not functioning properly” on the day.

Ibrahim Didi stated that the Commission of National Inquiry’s findings and the HRCM report proves that Nasheed had resigned voluntarily and that “this is not a disputed resignation at all as Amnesty says.”

The Ambassador said that he “wonders why [Nasheed]’s foreign friends love him so much”, and stated he knew why the local ones did.

“They have altogether robbed the state wealth and sold government assets at cut rates and treasured them for future and now looking forward for some more. Now all these criminal are on the street, the drug addicts and the drunkards. Together they are trying to evade from the courts verdict. This has nothing to do with political instability in the country,” he accused.

“The country is not in a red alert situation here because of some paid street hooligans who shout on the roads and attack innocent civilians.”

Following the arrest of Nasheed earlier this month, Amnesty International stated the arrest an example of “selective justice”, which “highlights the failure of the Maldives authorities to investigate other serious human rights abuses in the country.”

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Trial against minor for “consensual sexual relations” to continue this week

The case of a 15 year-old minor charged for having “consensual sexual relations” is to continue in the Juvenile Court on Wednesday (January 30), despite the Prosecutor General (PG’s) Office confirming it is reviewing its decision to prosecute the minor.

A Juvenile Court Spokesperson confirmed to Minivan News that the case was expected to continue this week despite calls during the previous hearing on Wednesday (January 23) from the PG’s Office for the case to be delayed pending review.

The filing of criminal charges against the 15 year-old girl – identified as a victim of alleged sexual abuse in a separate criminal case – has been slammed as an “absolute outrage” by international NGO Amnesty International.

The government of President Dr Mohamed Waheed Hassan Manik this month pledged to hold meetings with relevant authorities in the country to amend laws it contended – in certain cases – were punishing sexual abuse victims as if they were criminals.

Calls for delayed trial

Juvenile Court Spokesperson Zaima Nasheed told Minivan News today that during a previous hearing of the case on January  23, the PG’s Office had called for the trial to be delayed. The request, which was made 10 minutes before the hearing had commenced, was not able to be granted by the court at the time, according to Zaima.

“As the court does not have a procedure to cancel and delay hearings without a probable reason, the hearing went ahead,” she said.

Zaima added that the state attorney requested the judge to cancel the hearing against the minor as there was another case going on in the Criminal Court that was related to trial.

“The state attorney told the judge that a male suspect charged in connection with the case [against the minor] was being tried in the Criminal Court for sexually abusing the 15 year-old and being a person in a position of  trust,” she said.

“The state attorney told the court the PG needs to review the case and see if there is any reason the girl should not be charged for fornication.’’

Zaima claimed that the presiding judge had requested the state during the previous hearing send a written letter to the court before 3:00pm the same day requesting for cancellation of the hearing.

“As the Juvenile Court presides over cases related to minors, the court is required to conclude all cases as soon as we can. The court therefore always schedules a next hearing as soon as the previous one concludes,’’ she said.

According to Zaima, the PG had not yet requested the case to be withdrawn.

The PG’s Office confirmed to Minivan News that the decision to press charges against the 15 year-old girl was being reviewed, though no further details could be given until a decision had been made.

The President’s Office announced earlier this month that a review of legislation outlining the treatment of victims of sexual abuse was ongoing following international coverage of the PG’s decision to press charges against the 15 year-old girl.

In a case unrelated to the charges against the minor, the girl’s stepfather was also facing criminal charges for alleged sexual abuse after authorities last year discovered a new born baby buried in the outdoor shower area of a home on the island of Feydhoo.

In light of the cases, President’s Office Media Secretary Masood Imad pledged that discussions had this month been scheduled with authorities including the Islamic and Human Rights Ministry to review the treatment of minors and adults who had been sexually abused. According to Masood, the pledge has been made on the back of a number of similar cases where young women were perceived to have been victimised and punished by authorities.

“If needs be we will come out with legislation where victims [of sexual abuse] are treated as victims,” he said. “It’s incredible that sometimes these victims are actually being seen as perpetrators [of crime] under the law.”

Masood added that the government would be making further announcements on its future plans to address these concerns once it had held talks with ministerial and legislative authorities.

The President’s Office was not responding to calls at time of press.

NGO criticism

The filing of criminal charges of “consensual sexual relations” against the 15 year-old girl were slammed this month by NGO Amnesty International.

The NGO’s Maldives Researcher Abbas Faiz stressed at the time that suspected victims of rape and sexual abuse required counselling and support rather than facing prosecution.

Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal has previously told Minivan News that he was hugely concerned about the number of reports of sexual abuse against minors in the country.

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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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UK Foreign Office to “pressure” Maldives over tackling police abuse allegations: The Guardian

UK Parliamentary Under Secretary of State at the Foreign and Commonwealth Office (FCO) Alistair Burt is expected to “pressure” the Maldives government to tackle alleged abuses conducted by police during a visit to the country next month.

The UK-based Guardian newspaper reported today that Burt would be asking the government of President Dr Mohamed Waheed Hassan about efforts being undertaken to tackle “serious and persistent abuses” alleged to have been carried out by police – claims backed in reports on the country by a number of international NGOs.

These alleged abuses are reported to include: “attacks on opposition MPs, torture and mass detentions of democracy activists,” according to the paper.

President’s Office Media Secretary Masood Imad and Home Minister Dr Mohamed Jameel Ahmed were not responding to calls from Minivan News at the time of press concerning the upcoming UK FCO visit.

However, the government and police authorities in the Maldives have previously questioned findings by a number of international NGOs, accusing their individual authors of acting with bias in favour of former President Nasheed and the opposition Maldivian Democratic Party (MDP).

Police probe

Reports of Burt’s visit follow The Guardian reporting earlier this week that senior UK government figures were set to be questioned by politicians over the role of a Scottish police college in training Maldivian officers accused of perpetrating human rights abuses.

Police authorities in the Maldives contacted by Minivan News yesterday played down the abuse allegations raised by a number of NGOs such as Amnesty International, questioning possible bias in the data gathered in their reports.

Just last month, the circumstances behind the arrests of then Jumhoree Party (JP) MP Abdulla Jabir and Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor for their alleged possession of alcohol had been labelled “very worrying” by delegates from the Inter-Parliamentary Union (IPU).

The comments were made following a a three-day mission to the Maldives over alleged human rights abuses.

Philippine Senator Francis Pangilinan from IPU’s Committee on Human Rights of Parliamentarians said at the time that circumstances surrounding the arrests of Jabir – now an MDP MP – and Ghafoor were concerning and that the delegation found it “difficult” to believe it was not politically-motivated.

Both Jabir and Ghafoor – along with eight others – were arrested on the island of Hodaidhoo in Haa Dhaal Atoll for the alleged possession of alcohol and drugs.

The arrests were made days prior to a vote on whether or not a no confidence motion against President Mohamed Waheed could be voted with a secret ballot.

Transfer of power

Since February’s controversial transfer of power that saw former President Mohamed Nasheed resigning from office follow a mutiny by sections of the country’s police and military – a decision he claimed was made under duress – several NGOs have published reports addressing concerns about police conduct in the Maldives.

Minivan News observed violent clashes between police officers and anti-government protesters directly following the change of government. On February 8, Minivan News journalists witnessed Specialist Operations (SO) officers specifically target certain MDP activists by chasing and beating them.

Anti-government protests have continued on and off throughout 2012 resulting in both local and international media coverage of alleged police brutality, attacks by protesters on police and reporters, numerous arrests and the occasional, almost playful stand-off.

Amidst this backdrop, several NGOs have released reports into alleged rights abuses conducted by police.  These reports include findings by the International Federation for Human Rights (FIDH) entitled “From Sunrise to Sunset: Maldives backtracking on democracy” and an Amnesty International publication entitled: “The Other side of Paradise: A Human Rights Crisis in the Maldives”.

FIDH noted in its findings that the government of President Waheed stood accused of a wide range of human right violations, including violent harassment of street protesters, torture and harassment of pro-opposition media as well as legal and physical harassment of the opposition.

“Practices to silence political dissent that had disappeared in the course of Nasheed’s presidency, have once again become prevalent under Mohamed Waheed’s presidency,” said FIDH at the time.

Meanwhile, Amnesty International’s report recommended that the Maldivian government “ensure prompt, independent, impartial and effective investigations into allegations of violence by officials.”

The NGO also called for the de-politicisation of the police, reform of the judiciary and enhanced training of security forces to meet with international standards of conduct.

Amnesty said that several of its human rights recommendations were reflected in the Commonwealth-backed Commission of National Inquiry’s (CNI) report which was released on August 30. The report concluded that President Waheed’s government had come to power legitimately and that there no evidence of any mutiny by the police and military.

Following the report’s publication, two international advisors to the Commission of National Inquiry (CNI) – Judicial Advisor Sir Bruce Robertson and Legal Advisor Professor John Packer – criticised what they believed was an “alarming level” of street demonstrating.

“Some would want to call [this] an example of the rights of freedom of expression and assembly. In reality it is rather more bully-boy tactics involving actual and threatened intimidation by a violent mob,” they stated at the time. “This perpetual behaviour is sapping public life and hindering the Maldives’ development as a modern democracy.”

However, the CNI’s findings did nonetheless highlight the need for institutional reform within the country focusing on areas such as law enforcement and the judiciary.

Earlier this month, the Commonwealth announced it would be working with the Maldivian government to push ahead with strengthening and reforming “key public institutions” – issues raised in the CNI report.  The Commonwealth also said that it was reiterating calls for “inclusive and credible” presidential elections to be held next year.

Report “bias”

Following the publication of Amnesty’s report in September, Home Minister Dr Mohamed Jameel Ahmed criticised Amnesty International for failing to seek comment from the government, accusing it of publishing a one-sided report.

Similar criticisms of the NGO were made by Commissioner of Police Abdulla Riyaz back in April.  He expressed disappointed with what he perceived had been Amnesty’s failure to ask the police for its comments before releasing a report based on its findings.

“I don’t see that there has been any investigations done, none of our officers was questioned, interviewed – neither by them nor by the Police Integrity Commission (PIC), nor by the Human Rights Commission (HRCM). I don’t think that’s fair,” said Riyaz.

Amnesty International had previously denied it has taken sides compiling its report on the Maldives.

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State Foreign Minister Dunya attacks Amnesty report as “heavily biased”

Former President Maumoon Abdul Gayoom’s daughter and current Minister of State for Foreign Affairs, Dunya Maumoon, in a press conference today dismissed the international human rights NGO Amnesty International’s report on the Maldives.

The report titled “The other side of paradise – a human rights crisis in the Maldives” chronicled the human rights abuses in the country that took place following the controversial transfer of power.

The report detailed a number of incidents of police brutality on February 8, including attacks on Maldivian Democratic Party (MDP) MPs Eva Abdulla and Mariya Didi.

“The overall objective of these violent attacks has been to silence peaceful government critics and stifle public debate about the current political situation,” said the report.

“Based on Amnesty International’s interviews with survivors of these violent attacks, it appears that many were targeted by security forces because they were MDP ministers, parliamentarians or supporters,” it read.

The report recommended that the Maldivian government “ensure prompt, independent, impartial and effective investigations into allegations of violence by officials.”

“Those suspected of offences involving such violations, irrespective of rank or status, must be prosecuted in proceedings which meet international standards of fairness,” the report read.

Speaking to members of the press – who did not include opposition-aligned Raajje TV – Dunya  stated that the majority of the allegations stated in the “heavily biased” report were not true

“I am not saying that nothing happened. There were incidents that took place. But the report did not highlight on the arson attacks that took place in Addu City on February 8,” she said.

She further went on to stress that Amnesty must verify information that they receive before deciding its factual accuracy.

“Instead of just listening to just one party, Amnesty must thoroughly observe the happenings that take place in the Maldives,” she stressed.

Furthermore, the state minister stated that it was not the government’s wish to comment on “reports like that”, but “said it does not mean that government is dismissing all the reports that came out, concerning human rights abuses in the country”.

However, Amnesty’s researcher in the Maldives, Abbas Faiz, had a dissenting view.

“Without an end to – and accountability for – these human rights violations, any attempt at political reconciliation in the Maldives will be meaningless,” he said

Meanwhile, Minister of Home Affairs, Mohamed Jameel Ahmed earlier made similar remarks on the report as Dunya, criticising Amnesty International for failing to seek the comments from the government.

“They had not sought any comments from the Maldives government. I’m extremely disappointed that a group advocating for fairness and equal treatment had released a report based on just one side of the story,” Jameel told local media at the time.

“An international group of the caliber of Amnesty should have heard the other side as well. But they had failed to obtain our comments,” Jameel said.

The Amnesty report recounts sustained and pre-meditated beatings of protesters with a variety of weapons during the violent crackdown.

Some of those interviewed reported people being attacked in their hospital beds, whilst others recalled torture and further degradation whilst in detention.

Whilst Amnesty stated that several of its human rights recommendations were reflected in the Commission of National Inquiry’s (CNI) report, which was released on August 30, but Jameel argued that the CNI had highlighted misdemeanors of protesters which did not make it into the Amnesty report.

“CNI (Commission of National Inquiry) report had clearly highlighted the actions of demonstrators during protests in the Maldives. The foreign observers labelled the actions of demonstrators as cowboy tactics,” Jameel told Haveeru.

In their closing observations, Professor John Packer and Sir Bruce Robertson, advisers to CNI appeared critical of the anti-government protesters.

“Some would want to call an example of the rights of freedom of expression and assembly. In reality it is rather more bully boy tactics involving actual and threatened intimidation by a violent mob,” reported Packer and Robertson.

“The demonstrators undermine the peace and stability, carry out attacks while being inebriated, carry out attacks with sharp objects and damage private property. Even internationally such actions are regarded as violence. However, the Amnesty report has ignored all such things. It is extremely one sided and unjust,” said Jameel.

However, in relation to Jameel’s remarks, Amnesty International’s spokesperson rebutted the claims contesting its impartiality.

“Amnesty International is an independent and impartial human rights organisation without any political affiliation. We are not alone in highlighting the human rights violations since the transfer of power this year,” he said.

He also dismissed Home Minister’s remarks that the NGO had failed in getting the remarks of the government.

“In compiling our report we talked at length with government and police officials in Malé and Addu during our visit to the country in late February and early March. On the occasions they responded we have included their comments in our documents,” he said.

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Self-exiled blogger Hilath speaks at UN Human Rights Council

Maldivian journalist and blogger Ismail ‘Hilath’ Rasheed last week spoke at the United Nation’s Palace of Nations during the 21st session of the Human Rights Council (HRC).

In a side event dedicated to the Maldives, Hilath spoke of his fears of rising fundamentalism in his home country and called for the international community to keep a close watch on the Maldives to ensure the protection of human rights and democratic freedoms.

“Maldives may be a small country but it is not insignificant. It lies at a strategic crossroads and the cultural and political invasion of Maldives by Saudi-funded Wahhabi extremism will definitely have regional and global repercussions,” said Hilath.

Hilath was forced to flee the Maldives earlier this year after an assassination attempt left him within millimetres of death when a group of men slashed his throat just yards from his home in Male’.

Hilath later attributed the assassination attempt to Islamic radicals who had threatened his life on numerous previous occasions.

As well as making international headlines, Hilath’s case has been championed by both Reporters Without Borders (RSF) and, more recently, by the International Federation for Human Rights (FIDH).

Both organisations called for an immediate investigation into the attack, the latter criticising the authorities for failing to adequately investigate the incident.

“Until 2003, for the past 800 years, the Maldives had been a moderate and liberal Islamic country,” said Hilath, whose speech is also available on his blog which has been blocked by the authorities since November.

“However, in the last years of [Maumoon Abdul] Gayoom, due to poverty and oppression, and also as a result of the forced imposition on the Maldivian people of Gayoom’s own version of Islam, extremism took a hold, and though it is still a minority, it is a very vocal and formidable one that both [Mohamed] Nasheed’s and [Mohamed] Waheed’s governments have been unable to tackle,” he continued.

“But a stark difference has been that while Nasheed’s government officially acknowledged there was an extremist problem in Maldives, Waheed is refusing to acknowledge the problem. While Nasheed sought to keep extremism in check by bringing them into his government, in the form of the Adhaalath Party, Waheed came into power on the back of extremism, and therefore is giving free reign to extremists,” said Hilath.

Prior to this year’s transfer of presidential power, Hilath suffered a fractured skull after an attack during a silent protest in support of religious tolerance last December.

He was later arrested in relation to the protest after the religiously conservative Adhaalath Party (AP) wrote a letter to the police.

This prompted Amnesty International to declare him a prisoner of conscience and to demand his immediate release.

The 2008 constitution defines the Maldives as a one hundred percent Sunni Islamic nation and makes observance of the faith a prerequisite of citizenship.

“What is worrying is that while Nasheed allowed extremists to spread their propaganda through private channels, Waheed’s government is directly sanctioning the promotion of the extremist agenda through official religious channels,” said Hilath.

“The Adhaalath Party, under whom extremists operate, and under whose umbrella the Islamic Affairs Ministry has been under both Nasheed and Waheed, is now using Friday prayer sermons, also known as khuthubas, to spew bigotry, mysogyny, homophobia, xenophobia, racism, sexism and other sorts of discrimination, and to issue fatwas or religious rulings proclaiming the arts and humanities, such as photography, art, music, singing, dancing and acting as haram or sinful,” he added.

Two days after Hilath’s speech in Geneva, the Islamic Ministry distributed a circular calling for the banning of mixed gender dancing.

This news put the Maldives in the global media spotlight for the second time this month after the sentencing of a 16 year old girl to 100 lashes for fornication – in accordance with Islamic Sharia – had already made international headlines.

Last Friday also saw a gathering of religious protesters outside of the United Nations (UN) building to register their anger at the anti-Islamic film “Innocence of Muslims”.

Protesters burned the American flag and waved banners, one of which read “Maldives: Future graveyard of Americans and Jews”.

Repeated chants were heard urging President Waheed to return America’s US$20,000 contribution to restore the historical Buddhist artifacts in the museum, which were destroyed by a mob of vandals during February’s political turmoil.

Some protesters stated that if the idols were restored, they would promptly destroy them again.

In response to the issue of dancing, President’s spokesperson Abbas Adil Riza told the Associated Free Press (AFP) this week that the circular was not legally enforceable and that the Maldives would always be “a very tolerant society”.

“It is deeply regrettable that both Nasheed and Waheed have done little or nothing to curb extremism as every political party in Maldives seems afraid of extremists,” said Hilath.

“What is really depressing now is that since Waheed’s government is backed by Islamic extremists, who in turn have been backed by rogue police and military officers, extremists are now acting with impunity,” he added.

“The only hope we have in saving the Maldives is by the international community keeping a close watch. I, therefore, welcome UN Human Rights Commissioner Ms. Navi Pillay’s decision to assign a Human Rights Advisor to the Maldives as rising Islamic extremism is causing serious setbacks to human rights, freedom of expression and democracy in the Maldives,” he said.

After visiting the Maldives last November, Pillay called for a moratorium on corporal punishment and criticised the Muslim-only clause in the constitution.

Protesters subsequently gathered outside the UN building, calling for Pillay’s own arrest and flogging.

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“Maldives backtracking on democracy”: International Federation for Human Rights

The International Federation for Human Rights (FIDH) yesterday released its report into human rights in the Maldives, titled “From Sunrise to Sunset: Maldives backtracking on democracy”.

In a statement accompanying the report’s release, the group stated that it had witnessed a deterioration in the freedom of assembly and the freedom of the press as well as the “influence of radical groups detrimental to women’s rights”.

“The appointment of close allies of the former dictator Gayoom the new administration these past months, is another worrying sign that questions the respect for democratic principles and the rule of law in the country,” read the statement.

FIDH arranged a fact finding mission to the Maldives at the end of July, meeting with politicians, activists, civil society members and journalists.

The Paris-based group’s President Souhayr Belhassen called on the government to respect democratic gains made in the country, particularly implementing the recommendations of the Commission of National Inquiry (CNI) and strengthening independent institutions.

The CNI’s final report, whilst absolving the current government of any wrong-doing during February’s transfer of power, acknowledged that the police had been guilty of acts of brutality on February 8 which must be investigated.

The FIDH report describes how the past decade’s democratic reforms have stalled owing to political polarisation and institutional inertia.

“The 2008 constitution guarantees most of Maldives’ human rights obligations; however these have so far failed to be translated into domestic law,” it says.

It also suggests that the failure of the Nasheed administration to prosecute past human rights offenders has contributed to a “culture of impunity for perpetrators of past human rights violations.”

Civil society that was “flourishing and vocal during the democratic struggle became less visible during the presidency of Mohamed Nasheed”, says the report, arguing that it had become another casualty of the polarised environment.

The report detials the difficulties the country has had with separating the powers of the executive, the legislature and the judiciary which had previously been dominated by former President Gayoom.

“Tensions with the judiciary and the opposition-dominated parliament, led [Nasheed] to take unilateral decisions that exceeded his prerogatives, such as ordering the arrest of opposition leaders and a judge without following due process, or by declaring the Supreme Court defunct. Since Mohamed Waheed took over power, executive interference has continued,” read the report.

Regarding the state of the judiciary, FIDH argues that testimonies gathered from its members show that, “under the successive administrations, no political party has actually ever shown any willingness to establish an independent judiciary since each seems to benefit from the existing system.”

FIDH also notes that the government of President Mohamed Waheed Hassan has been accused of a wide range of human right violations, including violent harassment of street protesters, torture and harassment of pro-opposition media as wells as legal and physical harassment of the opposition.

“Practices to silence political dissent that had disappeared in the course of Nasheed’s presidency, have once again become prevalent under Mohamed Waheed’s presidency,” said FIDH.

The report highlights what it sees as impartial investigations of crimes, citing in particular the attempted murder of blogger Ismail ‘Hilath’ Rasheed.

The issue of the use of religion for political gains is criticised in the report: “The exploitation of religion for political gains has posed a threat to the drafting of new legislations by potentially limiting existing human rights.”

FIDH also expressed its concerns that tentative gains in women’s rights, as typified by the recent domestic violence bill, could be reversed if government aligned religious groups push for full implementation of Sharia law.

The report also criticises the apparent enthusiasm amongst politicians for implementation of the death penalty, saying: “With the current state of the judiciary and the incapacity of the police to properly investigate crimes, analysts fear judicial errors would result in the death of innocent people.”

In its recommendations to the Maldives government, FIDH urges the Maldives to remove from the domestic legal framework provisions that restrict individual right based on “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other statu” to conform with the International Covenant on Civil and Political Rights (ICCPR).

Amongst its other recommendations, the report urges the government to strengthen independent institutions, to enact relevant legislation which will enable the country to fulfil its human rights obligations  and to order a thorough investigation into the attack on ‘Hilath’ Rasheed.

“The situation remains at the time of release of this report relatively confused and uncertain,” concludes the report, “however, the coming weeks will be crucial to test the Government’s ability and willingness to prevent further acts of police brutality and, in general, a deterioration of the human rights situation.”

FIDH’s report follows the release of an Amnesty International report last week which highlighted a number of politically motivated attacks by police on February 8.

Following the government’s claims that Amnesty had produced a one-sided report without seeking comment from the government, an Amnesty spokesperson stressed that the organisation was without political affiliation and had not been the only group to highlight human rights violations in the Maldives this year.

“In compiling our report we talked at length with government and police officials in Malé and Addu during our visit to the country in late February and early March. On the occasions they responded we have included their comments in our documents,” said the spokesperson.

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Home Minister condemns “one-sided” Amnesty report

Home Minister Mohamed Jameel Ahmed has criticised Amnesty International for failing to seek comment from the government when compiling its recent report, “The Other side of Paradise: A Human Rights Crisis in the Maldives”, local media has reported.

“They had not sought any comments from the Maldives government. I’m extremely disappointed that a group advocating for fairness and equal treatment had released a report based on just one side of the story,” Jameel told Haveeru.

“An international group of the caliber of Amnesty should have heard the other side as well. But they had failed to obtain our comments,” Jameel is quoted as saying.

Minivan News was awaiting a response from Amnesty at the time of press.

When talking with Haveeru, Jameel did not appear to dispute the content of the statements that were included in the report.

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

The Amnesty report recounts sustained and pre-meditated beatings of protesters with a variety of weapons.

Some of those interviewed reported people being attacked in their hospital beds, whilst others recalled torture and further degradation whilst in detention.

Amnesty also detailed a number of incidents of police brutality on February 8, including attacks on Maldivian Democratic Party (MDP) MPs Eva Abdulla and Mariya Didi.

“The overall objective of these violent attacks has been to silence peaceful government critics and stifle public debate about the current political situation,” said the report, compiled by Amnesty researcher Abbas Faiz.

“Based on Amnesty International’s interviews with survivors of these violent attacks, it appears that many were targeted by security forces because they were MDP ministers, parliamentarians or supporters,” it read.

Whilst Amnesty stated that several of its human rights recommendations were reflected in the Commission of National Inquiry’s (CNI) report, which was released on August 30, Jameel argued that the CNI had highlighted misdemeanors of protesters which did not make it into the Amnesty report.

“CNI (Commission of National Inquiry) report had clearly highlighted the actions of demonstrators during protests in the Maldives. The foreign observers had labelled the actions of demonstrators as cowboy tactics,” Jameel told Haveeru.

In their closing observations, Professor John Packer and Sir Bruce Robertson had appeared critical of the anti-government protesters.

“Some would want to call an example of the rights of freedom of expression and assembly. In reality it is rather more bully boy tactics involving actual and threatened intimidation by a violent mob,” reported Packer and Robertson.

Jameel continued: “The demonstrators undermine the peace and stability, carry out attacks while being inebriated, carry out attacks with sharp objects and damage private property. Even internationally such actions are regarded as violence. However, the Amnesty report has ignored all such things. It is extremely one sided and unjust,” said Jameel.

The CNI report’s major findings were that February’s transfer of power was constitutional and that, rather than amounting to a coup, the events preceding former President Mohamed Nasheed’s resignation were of his own making.

The report did conclude that acts of police brutality had been committed in February and urged further investigation by relevant authorities.

Following the release of the report, Jameel explained that the government would leave these investigations to the Police Integrity Commission (PIC).

Widespread doubts persist, however, as to the strength of independent institutions in the country with the Chair of the PIC publicly expressing her doubts over the ability of the PIC to handle the pressure of these investigations.

This issue was reflected in Amnesty’s findings: “Government officials have frequently shrugged off their own responsibility to address human rights violations, saying it is the purview of the Human Rights Commission (HRCM) and the PIC.”

“However, both bodies have yet to conclude their investigations into all of the most serious human rights violations does not absolve the government of its responsibility to exercise due diligence in guaranteeing the rule of law and protecting human rights,” it continued.

Amnesty’s recommendations also included de-politicisation of the police, reform of the judiciary and enhanced training of security forces to meet with international standards of conduct.

Nasheed’s MDP have been fiercely critical of the CNI’s methods following the resignation of their commission member, Ahmed ‘Gahaa’ Saeed, on the eve of the report’s publication.

Jameel’s comments echo those of Police Commissioner Abdulla Riyaz who, in April, told Minivan News of his own scepticism of Amnesty’s methods

“I don’t see that there has been any investigations done, none of our officers was questioned, interviewed – neither by them nor by the Police Integrity Commission (PIC), nor by the Human Rights Commission (HRCM). I don’t think that’s fair,” said Riyaz.

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