Tag: Feydhoo

Couple charged with aborting child deny murder charges in court

The Criminal Court has  conducted its first hearing into charges of murder against a couple who allegedly aborted their 20-week old foetus.

The local media present at the court identified the couple as Aiminath Shaahy Aalam, 21 and Ibrahim Visam, 26, both from Addu City.

The mother Aiminath Shaahy Aalam was given the opportunity to respond to the charges and told the court she had previously stated how the incident occurred in the statement she gave to police.

The statement was read out in court, in which she confessed she had not sought medical care when she knew she was pregnant, and that she and her husband had discussed the matter and decided to abort the child. According to the statement, she confessed to taking abortion pills.

However, today in court she denied taking the pills with the intention of aborting the child and said she did not know what the pills she used were. She told the court she got the pills from a doctor working in the Dhilshaadh Clinic on Hithadhoo in Addu City.

In the statement she gave to the police investigators, she stated that her stomach had started aching at night while her husband was sleeping. She said said she woke up her husband and told him about it.

She said her husband then took off his shirt and she dropped the fetus on his shirt.

When the judge queried this, she said that she felt that something dropped on the shirt, but she didn’t see what it was, and neither did her husband showed her. Instead, he wrapped the shirt around it and put it into a plastic bag and took it away.

In  the court today, Aalam denied she was involved in killing the baby and told the judge that she wanted the state appoint a lawyer for her.

The father’s trial was also conducted today. He also denied the charges and requested the court give him time to appoint a lawyer, which the judge granted.

Police discovered the foetus buried on the beach of Maradhoo-Feydhoo in December 2012, after local witnesses reported a motorist acting suspiciously in the area, according to local media reports.

Abortion in the Maldives is illegal unless it is proved the conception is the result of rape, or that the pregnancy is a threat to the mother’s health.

The Prosecutor General’s Office forwarded the couple’s case to the Criminal Court on May 2.

Police have claimed that the buried foetus was found with its heart beating, but later died after being taken to the hospital.

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Government pursues legal reforms with cabinet shake-up

The government has appointed Aishath Bisham as Attorney General (AG) to replace Azima Shukoor, who has taken the role of Minister of Gender, Family and Human Rights to oversee legal reforms previously proposed by the government.

President’s Office Media Secretary Masood Imad confirmed that the government had decided to transfer Shukoor as part of commitments to potentially end the use of flogging as a punishment for sexual offences – a practice it previously alleged serves to punish victims of rape and abuse in some cases.

Bisham’s appointment as AG comes as an Avaaz.org petition calling for a moratorium on flogging and better laws to protect women and girls in the Maldives reached more than two million signatures – more than twice the number of tourists who visit the country each year.

The campaign stems from concerns over the Juvenile Court’s sentencing of a 15 year-old girl to be flogged after she confessed to authorities of having consensual sex with an unknown man during investigations into a separate case of abuse.  The abuse was allegedly carried out by her stepfather.

Sources on Feydhoo in Shaviyani Atoll, where the 15 year-old girl originates from, last month told Minivan News that concerns had been raised by islanders since 2009 that the minor had allegedly been the victim of sexual abuse not just by her stepfather, but by a number of other unidentified men on the island.

During her time in the Attorney General (AG’s) Office, Azima Shukoor appealed the court’s decision regarding the minor’s sentence. Meanwhile, international pressure has continued to mount on the government to review the charges against the girl and push for reforms of how sexual offences are dealt with by the local court system.

President Dr Mohamed Waheed’s government has previously criticised the sentence, but warned this week that any form of boycott such as those proposed by Azaaz would serve to setback to the economic opportunities and rights we are all striving to uphold for women, girls and the hardworking Maldivian people in general.”

In a letter published on Minivan News on Saturday (April 6), Avaaz.org Executive Director Ricken Patel insisted that the organisation had not called for a outright tourism boycott.

“What we do stand ready to do, however, is to inform tourists about what action is and isn’t being taken by the Maldives government to resolve this issue and change the law, and to identify those MPs and resort owners who are using their influence to push for positive change – and those who are not,” Patel said.

“Around the world people are interested (and have a right to know) what kind of systems they’re supporting with their tourism dollars, and to make their holiday decisions accordingly,” he added.

Legal reform

The President’s Office has previously expressed hope that punishments such as flogging would be debated by relevant authorities to try and find an amicable solution to the problem.

The Maldives Constitution does not allow any law that contradicts the tenets of Islam, with the criminal charge of fornication outlined under Islamic Sharia.

However, President’s Office Spokesperson Masood previously noted that the Maldives had a tradition of turning away from practices such as the death sentence and various forms corporal punishment that form part of Sharia law.

He said that punishments such as removing the hand of a suspect in the case of theft had not been used since back in the 1960′s.  Masood maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

He concluded that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

Avoiding prosecution

A senior legal expert with experience of working under both the present and former governments has told Minivan News that that while the Maldives Constitution requires that laws in the country do not contradict Islamic Sharia, there were ways of avoiding prosecuting suspects on charges of fornication.

“There are many Islamic legal interpretations that place several conditions to fulfill before a prosecution on fornication be brought forward. Some scholars even go further and argue that hudood offences cannot be practiced in the legal justice systems at the current time,” claimed the legal source, who spoke on condition of anonymity.

“Their argument is that Islamic Sharia is a way of life and you cannot pick and choose which areas you need to implement. Basically, you cannot implement Islamic criminal justice system in its original form when Islamic commercial system or Islamic governance is not observed.”

Despite his government’s stance on flogging, President Waheed’s Gaumee Ithihaad Party (GIP) has recently declared itself part of a coalition with the religious conservative Adhaalath Party (AP), which has publicly endorsed the 15 year-old’s flogging sentence, stating that she“deserves the punishment” as outlined under Islamic Sharia.

The Adhaalath party, members of which largely dominate the Maldives’ Ministry of Islamic Affairs, stated that the sentence of flogging had not been passed against the minor for being sexually abused by her stepfather, but rather for the consensual sex which she had confessed to having to authorities.

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Maldives failed “at every level” to protect minor charged with fornication from years of abuse

Additional reporting by JJ Robinson.

Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect a 15 year-old girl convicted of fornication and sentenced to flogging, despite her history of alleged sexual abuse dating back to 2009.

While the case has only recently received global media coverage, local councilors and woman rights groups told Minivan News that authorities failed for years to address “public uproar” over the child’s alleged abuse.

The girl from the island of Feydhoo in Shaviyani Atoll is currently in the care of the Ministry of Gender and Family. She was identified as a victim of child abuse last year after the body of a dead baby was discovered buried in the outdoor shower area of her family home.

Her stepfather was later charged child sexual abuse, possession of pornographic materials and committing premeditated murder, while her mother also faces charges for concealing the alleged sexual offences.

However, during the course of investigations into the case, officials told Minivan News that the state had no choice but to press fornication charges against the minor after she confessed to having what she claimed was consensual sex with an unidentified man.  She now faces 100 lashes in public when she turns 18 – a sentence the President’s Office this week said it would try to avert amid growing international censure and debate over corporal punishment and reform of the country’s Sharia-based judicial system.

The case has led to intense global media scrutiny and an online campaign by petition website Avaaz.org, which gathered almost a million signatures in two days – more than the number of tourists who visited the country last year.

With Maldivian authorities and child protection bodies now in the global spotlight, Aneesa Ahmed, Chairperson for the Hope for Women NGO, said councilors from Shaviyani Atoll had been expressing concerns to authorities about the girl’s safety for several years.

Aneesa said the inaction of a wide variety of institutions in response to these concerns reflected the state’s failure “at every level” to try and protect from abuse.

“All institutions, including the counsellor – if she had one while being interrogated by police – failed, because I am told her case was reported as early as 2009,” she added.

Speaking on Thursday (March 21),  Atoll Council President Moosa Fathy said police had conducted numerous investigations into the girl’s situation since 2009 in response to concerns raised by councillors on Feydhoo.

However, Fathy said the girl had ultimately been left in the custody of her mother and stepfather even after she was found to pregnant. He blamed the “limited facilities” available to house and protect the girl, as well as a lack of budget, management and staff to shelter vulnerable young people.

“The police thoroughly investigated the matter, but the response of many organisations simply was not good enough,” Fathy said. “Even now the problem has not been solved.”

Fathy said that rather than blaming a single state or civil society organisation for the girl’s ongoing abuse, every institution charged with the girl’s care had to take responsibility for the matter.

“This girl needed special care. There are special shelters where she would have been safe, but I understand there is not enough budget or staff and general administrative mechanisms to run such programs,” he said.

Fathy said he had been raising concerns about the girl’s welfare for the last two years, and said he had also tried unsuccessfully to meet with former Gender Minister Dhiyana Saeed while she was still in her post to discuss the case.

Island uproar

Sources on Feydhooo have meanwhile told Minivan News that concerns had been raised by islanders since 2009 that the girl had potentially been the victim of sexual abuse not just by her stepfather, but a number of other unidentified men on the island.

However, the island council claimed the victim’s unwillingness to tell authorities about her alleged abuse meant she remained living with her mother and stepfather.

Island Councillor Ibrahim Naushaad told Minivan News that upon discovering the child was pregnant last year,  police and the Gender Ministry failed to remove the girl to a shelter.

“The police and gender ministry didn’t take responsibility or provide counselling to the girl,” he said. “The police and ministry investigated, but we don’t know what she said to them.”

Naushaad said the minor presently remained under the care of the Gender Ministry as she was unable to be returned to Feydhooo, as her biological father was being severely disabled and unable to support or look after his daughter.

“Same thing could happen again”

Naushaad alleged that several men on the island who were also believed to have had sex with the minor remained unidentified, leaving her at risk of further abuse should she return to the island.

“The Human Rights and Gender Ministry asked if they could send her back to the island, but I have explained that her father would be unable to look after her and keep an eye on her,” he said. “If they send her back here, the same thing could happen again.”

According to Naushaad, the minor was questioned by police on at least four separate occasions, but he said she had been unwilling to state whether she had faced sexual abuse from her family or other men on the island.

Sources on the island said that the perception was that the minor, along with her mother and stepfather, were believed to have been “lying” to police investigators.

Naushaad told Minivan News there remained concern among islanders that the girl had now been charged by the country’s court with fornication, after being found guilty of having sex with an unidentified partner.

“They did not identify who this man was and that is why we have concerns about what they are doing. This is not good,” he said.

Naushaad claimed the council done everything it could to try and take responsibility for the matter by continually raising concerns with authorities since back in 2009.

Legal review

After the minor was first charged with fornication in January, the government pledged to review the  use of flogging as a punishment and legal practices it claimed, in certain cases, criminalise victims of sexual abuse.

While there is no timetable for reforms to be put in place, President’s Office Spokesperson Masood Imad expressed hope on that punishments such as flogging would be debated and one day repealed.

“I’m sure when we debate [punishing suspects for fornication with lashes], we will find an acceptable solution for all parties,” he said.

The Maldives constitution does not allow any law contradicting the tenets of Islam, and the legal system defaults to Sharia law in areas not covered by common law.

The last statistics available from the Department of Judicial Administration on flogging sentences show that 90 percent of the people found guilty of “Zina” – fornication – and sentenced to flogging in 2011 were female.

A total of 129 fornication cases were filed in 2011 and 104 people sentenced, out of which 93 were female. This included 10 underage girls (below 18), 79 women between age 18-40 and and four women above 40 years.

Of the 11 males who were sentenced, only one was a minor, with the others aged between 25-40.

Compared to 2010, the overall sentences in fornication increased by 23 percent in 2011, but the number of males sentenced for flogging decreased by 15 percent while the women increased by 30 percent.

According to Maldivian law, a person found guilty of fornication is subjected to 100 lashes and sentenced to one year of house arrest or banishment while a minor’s flogging is postponed until she or he reaches 18.

History of selective enforcement

Masood noted that the Maldives had a tradition of turning away from practices such as the death sentence and forms of corporal punishment, even where these were proscribed in Sharia.

According to Masood, punishments such as removing the hand of a suspect in the case of theft had not been used since the 1960s.

He maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

However, Masood said that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

“Reforms must be undertaken, but this must be done gradually considering we are dealing with a process embedded in society,” he said. “A certain amount of compromise may be needed.”

Masood said the state was committed to preventing the minor from facing her sentence, while also looking at the potential for reversing the use of flogging as a traditional punishment.

“The little girl will not be flogged for another two years, so we must look at what can be done [in the meantime],” he said.

However the conservative religious Adhaalath Party – the members of which largely dominate the Maldives’ Ministry of Islamic Affairs – has already publicly warned that “no one has the right to criticise any penalties specified in Islam.”

Quoting verses from the Quran, a statement from the party said that no citizen should be allowed to express ideas and opinions about a verdict made in accordance with the religion in a court of law in a 100-percent Muslim country.

The Adhaalath Party further cautioned that criticising issues such as the girl’s flogging sentence would “encourage enemies of Islam, create confusion among the general public and open up opportunities for people who aim to stop the practice of similar penalties commanded in Islam.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” the statement read.

The Prosecutor General’s (PG’s) Office has confirmed to Minivan News that it was not presently involved with any discussions over possible legal reforms of charges like fornication. Such a mandate lay with Attorney General Azinma Shukoor, the PG’s office said.

Shukoor, who was also recently appointed the current Acting Minister of Gender, Family and Human Rights, was not responding to calls from Minivan News at time of press.

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Addu grows roots with SAARC preparations

“This is the foundation of Addu’s development,” said Addu’s mayor Abdullah Sodiq, referring to the city’s SAARC preparations during a press conference held in Hithadhoo yesterday. He said the projects had been supported by “99 percent” of Addu residents.

Maldivian media was flown to Addu yesterday to observe preparations for the upcoming 17th annual SAARC Summit, scheduled for November 10-12. Festivities will be held in the area starting on the first of the month, in conjunction with the Muslim holiday of Eid.

“We are expecting a lot of traffic through here, and are confident that everything will be ready in time,” Sodiq said. “But this is only the beginning, and we have many more plans for development.”

Addu’s SAARC projects have been underway for six months, officials report. As the deadline approaches, construction teams are working round the clock to finish two harbors, a VVIP lounge, roads and the country’s largest convention center.

Sodiq said the harbors will renovate Addu’s commercial prospects, while the convention center provides new opportunities for locals, officials and foreigners alike.

Construction of Feydhoo harbor continues as the first deadline passes and another approaches.

“The harbor is a central place for Addu, there is demand for it even after SAARC and we have plans to generate more industry and shipping using these new resources,” said Sodiq.

New roads constructed around the convention center have made future road development less expensive for the council’s budget, he added.

Addu’s council also plans to use the Rf115 million convention center, a two-story building of glass, wood and marble with a capacity of 3000, to transform the atoll from a quiet place to a hub of business and tourism.

“We have some representatives talking to businesses in Singapore and Malaysia about hosting events here,” Sodiq told Minivan News. “We will be soliciting bids to find the right event manager to look after the convention center as well. I think there are people interested in what Addu has to offer, and I’m sure we can get a market for it.”

Officials and locals interviewed also hinted at hopes for musical events, theatrical performances, art exhibitions and holiday celebrations.

Ministry of Tourism, Arts and Culture Assistant Director Ahmed Abeer Ismail said the centre’s origins were a sign of Addu’s potential. “That area began as a swamp, now it’s the biggest convention center in the country.” The swamp was heavily landscaped by MNDF and police forces, and now features a few scenic islands.

One of the Maldives’ most strategic atolls, Addu has been largely left to seed since the British withdrew its forces and influence in 1975. City councilor Ahmed Mirzad called SAARC the beginning of a new Addu.

“For 30 years we had Gayoom, and nothing was done in Addu. Then there was a new president, and unlike Gayoom he didn’t just look after Male’, he looked after the entire Maldives. For 30 years we didn’t even have one harbor that was working for Addu, but in the past six months, we have gotten everything,” said Mirzad.

Addu’s councilors were elected for the first time six months ago. Mirzad said the next three years will be a difficult but critical time for the council to prove itself to Addu’s people. Still, the timing is ideal.

“I don’t think, I know that this summit is the right starting point. Now, we will only keep going with our plans to grow,” he said.

Workers cross a newly-constructed road to continue landscaping across from the convention center.

One particular operation illustrates the grassroots motives behind the SAARC preparations. Selected from Maldives National University (MNU) Addu first-year students in hospitality, 24 Media Liaison Officers greeted Male’s press pack yesterday.

One young woman said the event was as much for the liaisons as for Male’ press.

“It’ll be challenging to handle foreigners and media personnel,” a group of students concurred. “But we are so happy to have this opportunity.”

“I was shocked to be asked to take part in SAARC, I never thought that I would get to work at something I’d heard so much about,” said another student. “And the certificate of reference that I’ll get afterwards will be really helpful for me when I’m looking for a job after graduation,” she added.

Liaisons have just completed a six-month management course and are attending seminars and briefings for SAARC. They will be divided into 11 teams of two to three officers and assigned to press pooles from different countries.

“The ministry was going to get people from Male’, but I suggested we use the local energy. They are good, they can do the job, and this is a key event, so why shouldn’t these students take part?” said Abeer.

Addu’s development isn’t only tailored to foreigners; Sodiq said part of the development plan is to bring Addu residents home.

“Unlike other islands, we have historical places to visit and our islands are connected, so tourists can actually see more than the sun, sand and sea. We will be constructing more lodgings as well, and our hospital and airport are going to be expanded. More business means more jobs, and part of the purpose of all this is to bring Addu citizens back after their migrations to Male’,” he said.

In Addu, infrastructure is a priority for community growth. Noting that education was key to development, Sodiq said that a Kangaroo school is scheduled to open next year, and a Billabong school is being considered.

For the moment, however, Addu’s mind is on SAARC.

With teams working around the clock to complete harbors in Gan and Feydhoo, and MNDF motorcades practicing their moves late into the night, Addu is a bustle of construction and security.

Both harbors were originally due for completion on October 25, yet concrete foundations have not yet been laid. However officials assure that they are 90 percent complete. When asked about setbacks, National Security Advisor Ameen Faisal said, “The weather. Due to heavy rains, many projects were delayed. It was unexpected and beyond our control, but we managed and we are on target.”

Inquiries of Addu’s appearance for SAARC yielded few details. “It’s a secret, we want it to be a surprise,” Faisal and Sodiq concurred.

Security, however, is highly detailed.

MNDF has delegated security teams to specific event components including media, medical, resort transport, and the airport. “Right now we are very confident in our security personnel and do not anticipate any problems during the SAARC summit,” said International Media Coordinator Ahmed Ibrahim.

Ibrahim added that “it will be helpful to have the extra security forces that other countries are providing because Addu is very big.” In addition to ground security, MNDF will be supported by the coast guard, which will establish multiple security layers around Addu’s marine perimeter, special task forces from Sri Lanka, and surveillance equipment from China, among others.

Summit guests include three of the world’s most controversial heads of state from India, Pakistan and Afghanistan. Their reputations do not appear to cause anxiety to SAARC officials.

“They will not receive any special treatment, unless requested of course,” said MNDF Commander of SAARC Airport Security, Ahmed Shafeeq.

“There is no risk at all,” said Faisal. “We aren’t even bothered about it.”

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