Tag: child abuse

Police arrest another two suspect in a growing series of child abuse reports

The Maldives Police Service (MPS) yesterday arrested two people suspected of sexually abusing children as the number of cases reported in recent weeks continues to grow.

The latest addition to a series of child abuse arrests in the past weeks saw a 38-year-old man accused of sexually abusing his three-year-old stepdaughter in Hulhudhoo, Seenu atoll.

He was arrested last night from the tourist resort in which he works.

A 51-year-old Indian migrant worker accused of sexually abusing an eleven-year-old boy was also arrested last night from Feeali, in Faafu atoll. Both cases are currently under investigation by the MPS.

While it has been suggested that the rise represents a greater willingness to report existing abuses, the Human Rights Commission (HRCM) has suggested child abuse is rising, urging parents to be more alert.

In the past few weeks, similar incidents across the country have seen police making a number of arrests for alleged abuses including child sex trafficking by a 45-year-old man, and the arrest seven men of age 18 -30 years arrested from Thinadhoo for forcing a 16 year old girl into prostitution

While the cause of this increase has yet to be established, it has been suggested that the current trend may simply reflect an increase in the number of cases being reported – previously, the discussion and reporting of such cases had been considered taboo in the Maldivian community.

Commenting on the issue, Vice President of the HRCM Ahmed Tholal said that the increasing number of child abuses cases is an issue the state should be taken very seriously.

“I believe it is not merely an increase in reporting, I think it is becoming more common. During our trips to twenty two islands around the country for our ongoing National Inquiry on Access to Education for Children with Disabilities , almost in all islands there were cases of physical, mental and sexual abuse of children,” said Tholal.

Other arrests have  included a 44-year-old man arrested for exposing himself to a twelve-year-old to whom he had shown pornography, and the case of a 29-year-old man arrested  from Rasdhoo for sexually abusing a thirteen year old girl.

A 45 year old man was arrested from Villimalé late last month for sexually abusing his one-year-old daughter and raping two stepdaughters under 12-years of age, while March also saw a 55-year-old man arrested  for abusing an 11-yearold girl.

A number of people have also been sentenced for child abuse during this period including a 78 year old man who was sentenced for ten years imprisonment by the Kulhudhufushi Magistrate court for sexually abusing a seven-year-old on multiple occasions.

An alarming number of child abuse cases have been reported in the past few years, supporting suggestions of widespread child prostitution across the country.

Stating that a special focus needs to be given to the issue, the HRCM’s Tholal said it is important to take a holistic approach in prevention of child abuse.

“Definitely more work needs to be done in many areas including awareness, research and legal protection. One very important thing is for parents to be more responsible in taking care of children,” he said.

“We need to address it legally as well by holding parents accountable for their neglect.”

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Criminal Court sentences opposition activist ‘Hoara Ibbe’ to 10 years for child abuse

Former Under-Secretary of the President’s Office and opposition Maldivian Democratic Party (MDP) activist, Ibrahim Rasheed ‘Hoara Ibbe’, has been sentenced to 10 years in jail after the Criminal Court found him guilty of the charge of sexually abusing a 17-year old girl.

The police arrested Rasheed a year ago in December after being discovered at a house in the Galolhu Ward of Male’ with the minor.

The local media at the time quoted police as saying that when officers entered the room containing Rasheed, he was naked with the girl. However, the police refused to officially confirm the claim.

Rasheed at the time claimed that the 17-year old was his girl friend and later, got married to her when she had attained the age of 18.

The Prosecutor General however pressed charges against Rasheed under section 3(c) of the Special Measure for Perpetrators of Child Sex Abuse Act 2009, which carries a sentence of imprisonment up to 14 years.

Criminal Court officials confirmed to local media at the time that Rasheed – during the closed-door trial – had refuted the charges.

However, issuing the guilty verdict this Sunday (December 1), the Criminal Court Judge stated that despite Rasheed’s objections to the charges, the statements given by witnesses produced to the court by the prosecution proved that he had been guilty of the charge.

Section 3 of the Measure for Perpetrators of Child Sex Abuse Act 2009 states:

(a) It is an offence if a person touches a minor with sexual intent.

(b) For the purpose of this section, touching a minor with sexual intent is meant if he acts in the following way

  1. Touching the minor’s genital region or his anal region or any other sexual organ  or touching part of his body that could be used to achieve sexual desire,
  2. Touching with the hand or any other object,

(c) If a person is found guilty of the offense mention in Section 3(a), he shall be punished with imprisonment for a period of 10 to 14 years.

For the purpose of Maldivian laws regarding sexual offences, any person under 18 years of age is considered a minor.

Selective application of the law

Although the Criminal Court sentenced Rasheed under the Measure for Perpetrators of Child Sex Abuse Act 2009, the same court only sentenced renowned Quran reciter and teacher Hussain ‘Qaari’ Thaufeeq to a six months banishment and 15 lashes in a similar case last week.. Thaufeeq was arrested on August 2010 for multiple counts of child molestation while in a position of trust, although this was not considered by the court.

According to local media the Criminal Court sentenced Thaufeeq under ‘Regulation concerning punishment for fornication and adultery’, and had the enforcement of his sentence suspended under section 292(2) of the “Regulation concerning criminal trial” for a period of three years as it was his first offence.

Minivan News was unable to obtain a copy of the ‘Regulation concerning punishment for fornication and adultery’ as this was not found on the government’s legal website containing all published laws, www.mvlaw.gov.mv. The Criminal Court’s website was down for maintenance.

Section 292(2) of the “Regulation concerning criminal trial” states:

The judge has the discretionary power delay enforcement of a sentence for a period of three years if, the person found guilty is sentenced to imprisonment or banishment or house arrest for a period not exceeding six months, and if it is the first criminal conviction that person has faced [in his life].

It is unclear as to why the Criminal Court opted to sentence Thaufeeq under the “Regulation concerning punishment for fornication and adultery” while section 9 of Measure for Perpetrators of Child Sex Abuse Act 2009 explicitly states the offence of child abuse and molestation while being in a position of trust, and despite usual practice being that a specific legislation supersedes a by-law.

Section 9 of Measure for Perpetrators of Child Sex Abuse Act 2009 states:

(a) It is an offence if a person who commits a sexual act against a minor while being in a position of trust

(b) The punishment for the offence stated in section 9(a) is imprisonment for a period between 15 to 18 years

Thaufeeq is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.

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Fornicating couple sentenced to 18 months jail, 25 lashes for self-made sex video

The Criminal Court has sentenced two consenting adults to 18 months in jail and 25 lashes for videoing themselves engaging in extramarital sex.

Aseel Ismail and Mariyam Sana were arrested in April 2011 after a police raid found CDs and photos in which the couple appear to engage in extramarital sex.

Aseel is currently serving a seven year jail term for assault and Sana is facing trial for drug abuse and alcohol consumption.

The Criminal Court on Wednesday sentenced the two to six months in jail and 25 lashes for fornication and issued an additional one-year jail term for producing pornographic material.

Meanwhile, renowned Quran reciter Hussain Thaufeeq has been sentenced to six months banishment and 15 lashes for sexually abusing children. However the Criminal Court suspended the sentence for three years, on the grounds it was the Qari’s first offence.

Thaufeeq was arrested in August 2010 on multiple charges of child sexual molestation with “some cases going a long time back,” police said at the time.

Thaufeeq’s students had also submitted a petition to the Human Rights Commission of the Maldives (HRCM) asking the commission to investigate the matter

Thaufeeq hosted a daily Quran teaching program on Television Maldives (TVM) for school children every evening after Isha prayers. He also led Friday prayers and conducted sermons.

He is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.

Under the Child Sex Offenders (Special Provisions) Act of 2009, the penalty for child sex abuse is 10-14 years but can be extended to 15-18 years if the accused was in a position of trust with the children he allegedly abused.

However, it appears Thaufeeq has been charged under a different regulation criminalising fornication and sexual misconduct.

The Criminal Court was not responding to calls at the time of press.

In August this year, a 15-year-old girl who faced 100 lashes after she was raped by her stepfather had her sentence overturned following an international campaign.

The Juvenile Court in September sentenced a 17 year old boy to four months in prison after he kissed a 16 year old girl in a court waiting room. The girl was sentenced to four months house arrest.

Meanwhile, a series of sex tapes in which Supreme Court Judge Ali Hameed appears to be having sex with several unidentified foreign women were leaked in July, but the judicial oversight body voted not to take any disciplinary action citing lack of evidence. The Judicial Services Commission (JSC) continues with the investigation.

According to a 2007 UN study, one in three women in the Maldives experience physical and /or sexual violence at some point in their lives. Further, one in eight women reported they had experienced childhood sexual abuse, the study said.

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15 year-old boy arrested for having sex with 14 year-old girl

Police have arrested a 15 year-old boy from the island of Alifushi in Raa Atoll on allegations that he had sex with a 14 year-old girl on the island.

Police said that the boy was arrested yesterday (5 October 2013) at about 1pm while he was on the island.

According to police the case was brought to their attention by a third individual.

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Domestic fears of “inadequate” child protection linger as Maldives co-sponsors 22 UN rights resolutions

The Maldives has backed global resolutions outlining commitments on child protection, the environment, freedom of assembly and wider civil rights during the recently concluded 24th session of the United Nations Human Rights Council (UNHRC).

However, one local NGO focused on the rights of children has questioned the Maldives domestic commitments to pursue legal reforms in areas such as the use of flogging and the treatment of victims of sexual abuse, expressing fears child protection commitments undertaken by successive governments still remain “inadequate”.

The same group has called for the state and parliament to press ahead with ratifying an optional UN optional protocol signed by Maldivian authorities last year said to pave the way for reforms of the treatment of sexual abuse victims in the country.  The optional protocol would allow for international intervention if all domestic legal avenues are exhausted, said the NGO.

The country’s treatment of victims of sexual offences has come under intense global scrutiny this year, with the High Court in August overturning a flogging sentence handed to a 15 year-old girl charged with ‘fornication’.

Campaigning for the case to be dropped received two million signatures globally as the minor – found guilty of having consensual sex – was later revealed to have been charged on the basis of information obtained during investigations that she had been sexually abused.

UNHRC concerns

Upon concluding the latest UNHRC session, the Foreign Ministry said the country has co-sponsored 22 resolutions and supported other focuses on civil and human rights, as well as “freedom of peaceful assembly” during the session, where it has served as Vice President representing the Asian Region of the Council for 2013.

“The Maldives actively engaged on resolutions, on issues related to gender equality and children’s rights, environment and water rights, technical assistance to member countries, and social, political, economic and civil rights, human rights situations in countries,” the ministry’s statement read.

According to the Foreign Ministry, the country also spoke on issues affecting Palestine, criticising what it called the systematic and gross violations by Israel towards the country’s citizens.

“Radical changes”

While the country was selected as a Vice President of the UNHRC for this year, the international rights body last year recommended authorities in the country enact “radical changes” to Maldivian law to ensure compliance with the International Covenant on Civil and Political Rights (ICCPR).

The requested changes – made after former Home Minister Dr Mohamed Jameel Ahmed and State Minister for Foreign Affairs Dunya Maumoon defended the country’s record at the UNHRC in July 2012 – relate to matters of  freedom of religion and belief, and reforming the country’s judiciary.

Earlier this year, the present government committed itself to review local laws and enact potential reforms of the use of flogging, although no time-line for enacting such amendments has been confirmed beyond the commitment to hold talks.

Local NGO Advocating the Rights of Children (ARC) told Minivan News that it had been invited among a number of other organisations to submit input at the time to a specially-formed presidential committee to review legal amendments.

“However, ARC does not sit on the committee which comprises of government ministries,” stated the NGO. “Therefore, the role of the NGOs is quite limited in this process and we are also not kept in the loop on the developments.”

ARC added that with authorities yet to share their report, the status of which remains unknown, it was not possible to comment on possible outcome of proposed reform efforts.

Minivan News was awaiting a response from the government committee’s secretariat at time of press concerning the present status of the government’s reforms.

Child protection

Earlier this year, ARC expressed concern that child protection measures currently in place in the country were “inadequate”, requiring provisions outlined in the Optional Protocol on the Convention on the Rights of the Child (CRC) to be adopted into law. The Maldives ratified the CRC in 1991.

Once ratified, the CRC optional protocol is said to allow an individual, group or representative of a child victim of abuse to submit complaints to the UN Committee on the Rights of the Child for legal assistance is domestic assistance is not forthcoming.

“The Optional Protocol should always be used as a last resort, and while the Maldives has signed it in early 2012, we believe it is extremely important to ratify this optional protocol at an early date, because one of its key goals is to encourage governments to create good options and solutions for children at the national level,” ARC told Minivan News this week.

“Most governments would prefer to not have a local issue go to an international committee for review, so we think it will undoubtedly encourage governments to create and improve existing services and support for children.”

The NGO claimed that after signing the convention on February 28, 2012, the Maldives was still yet to ratify it, with the government saying that a decision would be taken within the cabinet after a new president is signed in on November 11, 2013.

Gender Minister Dr Aamal Ali told Minivan News this week that she was “not able to [give] sufficient insight” into the status of the government’s reform efforts, adding that the optional protocol was set to be discussed in cabinet at a later date.

Correction:  An earlier version of this article incorrectly stated that the Maldives had ratified the Convention on the Rights of the Child (CRC) last year. The CRC has been ratified by the country in 1991. The error has now been corrected.

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Man arrested for molesting 17 year old girl

Police yesterday (28 September) arrested a man from the island of Manadhoo in Noonu Atoll on charges of molesting a 17 year-old girl in the island.

Police said that the man, 39 years old, said that he was arrested after an arrest warrant was obtained while the man was on the island.

According to police, Lhohi Magistrate Court in Noonu Atoll have extended the man’s detention period to 15 days for the investigation of the case.

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22 year-old man to be charged for sexually abusing 17 year-old girl

Police have sent the name of a 22 year-old man to the prosecutor general (PG) to press charges for alleged fornication with a 17 year-old girl multiple times on the island of Kulhudhufushi in Haa Dhaalu Atoll.

The man was identified by the police as Ahmed Hassan, 22, of Kulhudhufushi.

Police said the man was arrested on August 1 this year and was summoned to the magistrate court in Nolhivaram island. The court had granted an extension of detention for 10 days from August 26.

According to police the man had previous records of assault, threatening police officers near Kulhudhufushi police station, attacking police officers using iron bars and stones, destroying public property, obstructing police duty,and attempting to capture Kulhudhufushi police station.

Police said that the man had two other pending cases at the Prosecutor General’s Office where he is to be charged for objection to order and driving a vehicle without having a driving license.

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High Court orders re-arrest of child abuse suspect

The High Court has ordered the arrest of the manager of Guraidhoo island’s (Thaa Atoll) state-owned utilities company.

Fenaka Corporation employee Ahmed Fuad was previously arrested in connection with two cases of child sex abuse but was released by Thimarafushi Magistrate Court when brought before the judges to extend his detention period.

A police media official today said that the case was appealed at the High Court after Thimarafushi Magistrate Court ordered his release.

‘’Yesterday the High Court cancelled the release order and issued an arrest warrant and extended his detention period to 15 days for investigation,’’ police media officer said.

“He was arrested at about 3:05pm yesterday,’’ the officer continued.

At the time he was arrested police told the media that the charges related to charges of molesting two minors, a male and a female aged 13 and 17.

Local media outlet Sun Online reported police as telling the paper that the two minors had testified against the accused during the hearing held to extend his detention period in Thimarafushi Magistrate Court.

Local newspaper ‘Haveeru’ reported that the victims are believed to have been in the guardianship of Fuad, who was also reported as being a senior activist in the government-aligned Progressive Party of Maldives (PPM).

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