Tag: gang violence

Mahlouf’s resolution to postpone recess narrowly defeated

A resolution to delay parliament’s upcoming recess at the end of the month, until crucial bills to reform the criminal justice system could be passed, was narrowly defeated today.

Opposition Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf had proposed extending the ongoing session until belated bills on evidence law, criminal justice procedure and special measures to combat crime along with amendments to the gang crimes legislation and Children’s Act, could be enacted into law.

Of the 70 MPs in attendance, 34 voted against the resolution while 30 voted in favour and six abstained.

During yesterday’s debate, MPs of both the ruling Maldivian Democratic Party (MDP) and opposition parties argued that parliament’s perceived failure to pass necessary laws was not to blame for the shortcomings of the criminal justice system, particularly the authorities’ collective failure to secure convictions against “dangerous criminals” and enforce jail sentences.

Home Minister Hassan Afeef revealed on Monday that there were “about 300 people” sentenced in absentia that were yet to be taken to jail.

Closing the debate at the penultimate sitting of this year’s first session of parliament, Mahlouf argued that MPs should hasten to pass the legislation if only because “there will no longer be any person or institution that could point the finger at us and say ‘it’s because the People’s Majlis hasn’t completed [necessary laws].'”

Despite the 17th parliament having passed more legislation than any of its predecessors, Mahlouf urged MPs to “accept the reality” that the public did not believe parliament was doing enough.

“[They say] the number of days we work in the Majlis is low,” he said. “I accept this today. We take a holiday for four months of the year. We work about 12 days a month. For a year, it’s about 96 days. We don’t work for about 260 days of the year.”

The DRP MP for Galolhu South noted that none of the MPs opposed to postponing the recess had claimed there was no urgent need for the criminal justice legislation.

After voting on the resolution ended, Speaker Abdulla Shahid informed MPs that completed legislation on special measures to combat crime has been sent for their perusal.

The bill was amended in consultation with law enforcement authorities to include essential provisions from all three belated bills to serve as a stop-gap measure until parliament returned from recess.

Shahid explained that a proposal for a special sitting to be held during the recess in May would be put forward at tomorrow’s final sitting.

MDP MP “Reeko” Moosa Manik raised a point of order to suggest a sitting to be held tomorrow night to pass the crime legislation, but Shahid replied that a decision would be made after discussion with party leaders.

DRP squabbles

Mahouf – who has sided with “Zaeem DRP” against DRP Leader Ahmed Thasmeen Ali in the ongoing factional strife within the main opposition party – was attacked yesterday by MPs of the rival opposition faction for taking a holiday after submitting the resolution.

While DRP MP Abdulla Abdul Raheem accused Mahlouf of attempting “to pin a medal on himself and claim to be the best,” DRP MP for Mid-Henveiru Ali Azim claimed Mahlouf had taken the most leaves of absence during the past Majlis session.

Mahlouf hit back at Raheem today, claiming that he saw a form the Maafanu West MP had allegedly signed to defect to the MDP before changing his mind in 24 hours.

Moreover, he added, MPs Rozaina Adam and her husband Mohamed Nashiz were yet to return from an official trip to Panama despite MP Mariya Ahmed Didi, Speaker Shahid and Secretary General Ahmed Mohamed having arrived back in the country three days ago.

After attacking Thasmeen and Football Association Chairman Ali Azim for alleged poor attendance and lack of participation in important committee tasks, Mahlouf also exchanged heated words with DRP MP for Mathiveri Hussein Mohamed, who told him “to shut up and sit down.”

Hussein Mohamed argued that since Mahlouf’s resolution stated that a one month holiday should be granted once the “complex and technical” bills were passed, “what if we are only able to go to recess in November, how do we pass the state budget then?”

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MPs clash over postponing recess

MPs clashed today over a resolution proposed by MP Ahmed Mahlouf to postpone parliament’s upcoming recess at the end of April to complete legislation currently at committee stage to reform the criminal justice system.

Several MPs from both main parties argued that convicts were not “roaming free and committing crimes with impunity” because of parliament’s failure to pass necessary laws.

MP Mahlouf – who has sided with the “Zaeem DRP” in the ongoing factional strife within the main opposition party – came under fire from his former Dhivehi Rayyithunge Party (DRP) colleagues for taking a holiday after submitting the resolution.

Last Wednesday’s sitting of parliament was cancelled reportedly because Mahlouf, who was supposed to present the resolution to the floor, was out of the country.

Defending himself from the intraparty criticism, the DRP MP for Galolhu South asserted that he had not been “sun tanning on the beach” but had faced a family emergency.

“I would deeply regret it if you vote against the resolution saying ‘Mahlouf took a holiday,’” he said.

In the ensuing debate however, DRP MPs Ali Azim and Abdulla Abdul Raheem accused Mahlouf of submitting the resolution “with the intention of deceiving the public.”

While Azim claimed that Mahlouf was “the MP that took the most number of holidays during the past session,” Abdulla Abdul Raheem accused the DRP Youth Wing President of ulterior motives behind the resolution.

Raheem alleged that Mahlouf’s true purpose in delaying the recess was “to conduct business transactions with certain people here.”

Shifting blame

Praising Mahlouf for “continually raising the issue of curbing gang violence” in parliament, ruling Maldivian Democratic Party (MDP) parliamentary group leader “Reeko” Moosa Manik however contended that the necessary bills “cannot be finished in one night with us cooking rice pudding and staying here overnight.”

Moosa concurred with other MPs that the absence of legislation could not be blamed for either unenforced sentences or dubious judgments by judges.

Following consultation with the National Crime Prevention Committee and law enforcement authorities, the Minority Leader explained that a sub-committee was in the process of drafting temporary legislation containing crucial provisions of the three belated bills.

If opposition leaders could “control voting by their parliamentary group,” said Moosa, the bill should easily be passed on Thursday.

“Increasing the number of days we spend talking here is not going to bring a solution,” said People’s Alliance (PA) MP Abdul Azeez Jamal Abubakr, arguing that the resolution would not make a difference “one way or the other” as the bills in question were at committee stage and the reviewing process could continue during the recess.

MDP MP Mohamed Riyaz however backed the resolution and criticised opposition MPs for questioning Mahlouf’s intent.

On the issue of unenforced sentences, the MDP MP for Dhandhoo claimed that there were 622 convicts out of jail when the previous government left office.

“Those who killed people [in custody] in Evan Naseem’s case are at home today,” he said, referring to eight former prison guards found guilty of beating a 19 year-old inmate to death in September 2003.

Moreover, Riyaz continued, failure to locate former Atolls Minister Abdulla Hameed to face charges of corruption shows that Commissioner of Police Ahmed Faseeh has “failed.”

MDP MP Ibrahim Rasheed meanwhile criticised the “lazy attorneys” at the Prosecutor General’s Office for failing to secure enough convictions.

In his turn, DRP Deputy Leader Ali Waheed argued that as the Maldives had a presidential system, it was President Mohamed Nasheed who should bear responsibility for the crime situation.

While police have recently revealed identities and crime records of 17 dangerous criminals, Waheed said that according to police statistics there are over 600 youth active in gangs in Male’ alone.

Moreover, he added, estimates from different state institutions of the number of convicts not serving sentences did not match.

Implying that he did not support the resolution, Waheed suggested breaking for recess to “give counselling to our political leaders” as they were “obsessed with winning power” instead of serving the public.

Independent MPs Ismail Abdul Hameed and Ahmed Amir meanwhile called for constitutional amendments to entrust wider powers to enforcement authorities, such as a longer period of detention and more legal discretion for judges.

Undelivered summons

Meanwhile in the continuing war of words between the rival opposition factions, DRP MPs Azim and Raheem alleged today that Deputy Speaker Ahmed Nazim – who was presiding over the sitting at the time – had dodged Criminal Court court summons eight times to date on the grounds that he was busy at parliament.

In March 2010, Nazim pleaded not guilty to charges of conspiracy to defraud the former Ministry of Atolls Development.

As the common man was routinely sentenced in absentia, said MDP MP Ahmed Easa, “what law is missing that the Honourable MP for Dhiggaru can’t be taken to court?”

Responding to accusations against the “missing” former Atolls Minister, MP Ahmed “Redwave” Saleem loudly denied the allegations against the long-serving Speaker of the People’s Majlis.

“There were big thieves in the previous government, why don’t you go find them?” he suggested.

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Court extends Gabarey detention

The Criminal Court yesterday extended the detention of Ibrahim Abdulla ‘Gabarey’ by five days after police arrested him again following his release by the court earlier this week, reports Sun Online.

Gabarey is among “nine most dangerous criminals” identified by police last week and detained in a special operation to curb gang violence following the fatal stabbing of a 21 year-old in the capital Male’ on March 16.

Police records show that Gabarey had been arrested 14 times in the past for various offences, including violent assault.

Deputy Prosecutor General Hussein Shameem meanwhile revealed at a rare press conference yesterday that police had forwarded 40 cases involving the nine, 17 of which were ongoing at court.

Guilty verdicts were issued for nine of these cases, said Shameem, while seven were not proven.

Apart from insufficient evidence, Shameem revealed that eye witnesses retracting or changing their statements at trial was  one reason for acquittals.

However, he added, two witnesses to a murder were successfully prosecuted for perjury after they were found to have given false testimony.

The Prosecutor General’s Office was greatly assisted by recently enacted legislation outlawing gang activities and possession of weapons, said Shameem, as possession of knives and swords could not be prosecuted before the new laws came into effect.

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Parliament cancelled over ‘lack of work’

Today’s main parliamentary session was cancelled the basis of there being no work on its agenda.

Dhivehi Rayyithunge Party (DRP) MP Dr Abdulla Mausoom has meanwhile claimed that the Majlis was nonetheless “on track” with its legislative duties and was being unfairly criticised for a perceived spike in gang violence across the country.

Speaking to Minivan News, Dr Mausoom claimed that despite the cancelation of a scheduled meeting in the Majlis’ main chamber today, committee work was still continuing in the parliament, which he believed was playing its part in pushing legislation to allow law enforcement officials to deal with violent crimes, despite certain “public perceptions” to the contrary. The opposition party MP claimed that parliament was stepping up its workload to ensure the government, as the country’s executive branch, had the right powers and capabilities to uphold the law.

While alleging that current statistics indicated that there were an estimated 460 people on the country’s streets who should be held in custody over their suspected involvement in criminal activity, Mausoom said he believed that national media had incorrectly created an impression that potential parliamentary failings were solely responsible.

“There are people who have been sentenced [for criminal behaviour] that are currently out on the street. There is a public perception that a lack of legislation has led to this,” he said. “The media perception is that more legislation is needed to do their work and that they have to be detained somehow. However, I do not think this is the case.”

Mausoom said that the formation by the president of a National Crime Prevention Committee and the passing during the current parliamentary session of a number of bills, such as measures to punish individuals carrying items that can be used as weapons, served to highlight that the Majlis was working to try and deal with public concerns about gang violence and other major crimes.

“MPs and opposition parties have made agreements to try and work together to ensure major bills are passed quickly,” he said. “Two of the bills currently in the Majlis relate to criminal process and witness protection, but these will take time as they are very technical.”

Mausoom added that he understood possible frustrations from the public that parliament’s main session had been cancelled and would not reconvene till next week after Deputy Speaker Ahmed Nazim said that certain MPs wishing to present bills to the floor were unavailable to do so today.

However, Mausoom claimed that “public perceptions” about the cancellation of today’s main session and wider concerns that MPs may not be acting professionally were failing to address wider societal problems concerning crime that he believed represented a failure of the government to deal with the issue.

“The Majlis is not the executive [governing] branch, we are the legislative branch,” he said. “My question to the government would be; what is the missing piece of legislation that is preventing you from doing your jobs and protecting people?”

Mausoom’s comment come after parliamentary speaker and fellow DRP MP Abdulla Shahid told Minivan News last month that he believed that while the Majlis had become much more productive in the number of bills and legislation it was passing, the institution had still failed to live up to public expectations.

“The three branches of government are trying to deal with a situation where, as in any transition, the expectations of the public are at a very high level. When you have a new democracy come in, citizens will be wanting things to change overnight. [These expectations] have been seen in many countries,” the speaker said at the time. “The challenges that we have here – with the judiciary and parliament – are not because we are unable to perform, but that we are unable to perform to the expectations of the people.”

Shahid accepted that subjects such as outlining a clear and clarified penal code, as well as an Evidence Bill to support judicial reform and policing, were vital areas needed to be addressed by MPs, with partisan behaviour between rival parties within the Majlis creating the impression that there was no interest in having such bills passed.

In order to facilitate a faster moving reform of criminal legislation, Shahid claimed that talks had been opened during March between the various political stakeholders required to finalise any agreements.

“I met with party leaders and also the chair of all the committees yesterday (March 30). There is the general desire amongst the leadership to find ways of increasing the productivity rate of the house. We feel even though we continue to do work ahead of what any other parliament had done, still we are far behind in meeting the public’s expectations,” he added.  “The reality is that we need to meet these public expectations. The committee chairs have given me an agreement that they will try and finds ways of fast tracking many of the bills, while political parties supplied an agreement that on issues on which they may disagree, they will endeavour to deal with the technical and more mundane bills faster.”

Aside from MPs working along partisan lines, Shahid said that the issue of language was another significant challenge for members to overcome – especially in translating very technical proposals relating to legal definitions into Dhivehi from other languages.

While other Commonwealth countries were able to take existing legislation and adapt the document accordingly, the Speaker took the example of the Penal Code. In its original English draft, put together by Professor Paul Robinson at the University of Pennsylvania Law School, the code was said to have perfect sense, yet the Speaker said it did not translate directly into the Dhivehi language.

The speaker’s comments were generally shared by certain local NGOs like Transparency Maldives, which claimed that it believed parliament was additionally failing to meet its responsibilities as set out in the national constitution.

Aiman Rasheed, Projects Coordinator for Transparency Maldives, told Minivan News earlier this month that although it accepted that there had been improvements within the effectiveness of the Majlis concerning the amount of legislation passed, the NGO was concerned that parliament had failed to work independently and pass vital bills such as a national Penal Code.

“Shahid is right when he says that parliament has failed to meet public expectations,” he claimed at the time. “It is not just in meeting public expectations that the Majlis has failed in, but constitutional expectations as well.”

Rasheed said that although parliament was holding the president and the executive accountable for their actions, he believed that there was a failure to review legislation in terms of financial and political impacts before it was being passed from parliamentary committees back to the Majlis.

Rasheed said that the NGO had spoken with 15 MPs from across a number of political parties including the Maldivian Democratic Party (MDP) and the DRP as part of a project called Parliament Watch designed to try and put a spotlight on governance and political decision making. From these discussions, Rasheed claimed that the NGO had uncovered a wide consensus of concerns over parliament’s ability to review and research the legislative process.

“All the parliamentarians that we have spoken to said that they believed that the current set up is not sufficient for parliament to meet its constitutional requirements,” he said. “There is no proper system of review mechanisms [within parliament].”

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19 year-old stabbed, days after police said most dangerous nine criminals were detained

Unknown assailants stabbed a person in the Mahchangolhi ward of Male’ last night, three days after the Deputy Head of the police’s Serious and Organized Crime Department (SOC) Inspector Abdulla Nawaz told the press that the most dangerous criminals in Male’ had been detained.

Police Sub-Inspector Ahmed Shiyam said the victim was attacked in Nikagasmagu of Mahchangolhi ward.

”His condition was not too serious,” Shiyam said. ”It is too early to say whether it was a gang fight.”

He said two men were arrested in connection to the case.

Only last week, a 25 year-old man identified as Ahmed Mirza died after he was attacked with iron bars and other weapons while he was sitting in the children’s park in Villingili.

Mirza was attacked after he reportedly made some comments about a girl.

Last Thursday, Inspector Nawaz informed the press that nine persons police believed to be dangerous criminals were now held in detention.

The nine persons Nawaz identified were: Ibrahim Shahum, Rilwan Faruhath, Ahmed Shiruhan, Abdulla Naseer, Ahmed Shareef, Mohamed Visham, Ibrahim Abdulla, Gassan Ali and his brother Hassan Ali.

Meanwhile, the parliament has commenced work to amend the Clemency Act to execute persons sentenced to death, while the Criminal Justice Procedure Bill was also presented to the parliament at the same time and is now currently at the committee stage.

In an effort to curb the rise in gang violence, President Mohamed Nasheed has formed a Crime Prevention Committee led by former Defense Minister Ameen Faisal.

So far the committee has held meetings with the Supreme Court and almost all concerned authorities, although it has yet to announce any progress.

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Villingili observes moment of silence in memory of assault victim

A group of about 200 people living in Villingili on Friday observed a moment of silence to commemorate Ahmed Mirza, 25, who died after  suffering severe injuries to his head in a violent attack last week.

The group marched on the streets of Villingili calling for the death penalty to be issued to murderers. Demonstrators also marched towards the houses of five suspects arrested in connection with the case and gathered outside.

Media reported that police blocked the entrance of the houses as demonstrators gathered around.

The march was also attended by opposition Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan and family members of Mirza, and ended peacefully at the Children’s Park in Villingili where Mirza was last sitting before he was attacked

Nihan did not respond to Minivan News at time of press.

Mirza was assaulted last Monday with iron bars and other weapons in Villingili after he allegedly made comments concerning a girl.

He died early Thursday morning in Indira Gandi Memorial Hospital (IGMH).

Mirza was declared brain-dead after doctors at the IGMH examined him and was kept on life support for almost two days according to the family’s wishes.

Mirza’s father told local newspaper Haveeru that his son had made plans to marry his girlfriend after a month.

Currently a Criminal Procedure Bill and an amendment to the Clemency Act to uphold death sentences withdrawing the authority president has to grant clemency on those sentenced to death are being presented to the parliament to curb the gang violence.

The Criminal Procedure Bill presented by Maldivian Democratic Party (MDP) Parliamentary Group Leader MP ‘Reeco’ Moosa Manik was accepted by the parliament has now been sent to the National Security Committee.

The amendment to the Clemency Act presented by Jumhoree Party (JP) MP Ibrahim Muthalib requires to uphold death sentences if upheld by the Supreme Court or if the Supreme Court itself delivered a death sentence.

Currently all the death sentences issued are implemented as a 25 year imprisonment.

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14 death sentences issued in the past 10 years: Criminal Court

The Criminal Court has said that 14 death sentences have been passed in the last decade, however many of those convicted and given the sentence have been rearrested and brought before judges on different cases.

The court said that a total of 9197 persons had been given sentences for various crimes within the past 10 years – approximately three percent of the Maldives’ population.

2950 persons of the total 9197 convicted were banished, while 798 persons were placed under house arrest and 5435 persons were imprisoned, said the Criminal Court.

However, the court said many of the convicts who are supposed to be serving their time were brought before the judges accused of committing further offenses.

Meanwhile, the parliament has commenced its preliminary debate on the amendment presented by Jumhoory Party (JP) MP Ibrahim Muthalib to the Clemency Act, which requires death penalties to be implemented if the Supreme Court upholds a death sentence issued by a lower court or of the Supreme Court itself issues a death sentence.

If the amendment is passed the President will not have the authority to grant clemency for those who are found guilty of any offense that serves a death penalty.

The amendment was originally presented by Maldivian Democratic Party (MDP) MP Ibrahim Rasheed, who withdrew it claiming that he would resubmit it after bills relating to evidence and penal code were passed.

Parliamentary Group Leader of MDP ‘Reeko’ Moosa Manik has now presented the Criminal Justice Procedure Bill, which parliament has accepted and is awaiting preliminary debate.

As MPs present bills to try and control rising gang violence, early this morning a 25 year-old victim died in hospital after an assault two days ago that left him in a coma.

Another youth, Ahusan Basheer, 21, was stabbed to death last month on a busy street in Male. Ibrahim Shahum, 20, who was released by the court after being held in pre-trial detention for six months in connection with another murder case, was arrested along with two others. An under-aged girl, who reportedly witnessed the crime, was also arrested and kept in pre-trial detention.

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Villingili assault victim on life support after gang attack causes serious head injury

A 25 year-old man who suffered severe head injuries in an assault by a gang in Villingili two days ago has been declared brain-dead and is currently on life support at Indira Gandi Memorial Hospital (IGMH).

Police Sub-Inspector Ahmed Shiyam said that police had received a report that the man had died, however this was not confirmed by the hospital.

”We can’t confirm whether he is dead, we have not yet received any official document yet,” Shiyam said, adding that five men had been arrested in connection with the attack.

IGMH Spokesperson Zeenath Ali told Minivan News that the victim’s condition was critical and that no progress had been observed since he was admitted to IGMH.

”The attack caused a very serious head injury,” she said. ”He is currently in a coma and on life support.”

Several media outlets have identified the person as Ahmed Mirza from the island of Maalhendhoo in Noonu Atoll.

Mirza, who works in a shop in Male’, was attacked on Monday night and rendered unconscious by his attackers. He was attacked while he was sitting in a park in Villingili.

Police have suggested the attack involved a gang, while Minivan News has received unsubstantiated reports that the assault was prompted following comments made about a girl.

A family member of the victim told local newspaper Haveeru that doctors had lost hope that Mizra would survive.

“He’s still on life support, hospitalised in the ICU because of the family’s request”, she told the paper. ”It’s like he’s gone, only with a pulse.”

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Entertainment not the solution: Youth Minister

The government’s policy to solve problems facing Maldivian youth is not to provide more entertainment facilities but to spur job creation and encourage gainful employment, Youth Minister Hassan Latheef told press yesterday.

Speaking at a press conference at Dharubaaruge convention centre, Latheef said that the government did not believe that the “primary task of youth is entertainment,” adding that a steady income would lead to a more stable life.

A recently concluded survey of 24,000 businesses in Male’, Viligilli and Hulhumale’ revealed that there were over 1,600 unwanted jobs in the Greater Male’ region.

The results of the survey will be published on the ministry’s web site next week.

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