MP Muthalib reissues death sentence amendment to parliament

Jumhooree Party (JP) MP Ibrahim Muthalib has resubmitted an amendment to the Clemency Act that if passed would require any death sentence then upheld by the Supreme Court to be carried out.

Muthalib is the second MP to table a motion to change the Clemency Act after the Maldivian Democratic Party’s (MDP) Ahmed Rasheed last month forwarded similar amendments.  Rasheed later withdrew these amendments from parliament though over concerns about the need for new regulations like the Penal Code to be passed.

Currently, death penalties imposed within the Maldives are able to be reduced to a 25 years prison sentence by the president under the Clemency Act. In November 2010, the Criminal Court of the Maldives issued a death sentence to a person found guilty of murder. However the last person to actually be judicially executed was Hakim Didi in 1953, who was executed by firing squad after being found guilty of consipiracy to murder using black magic.

MP Muthalib told Minivan News that the purpose of the latest amendment was to uphold Islamic Shariah in the Maldives.

”[The amendment aims] to avoid human beings from changing the verdict determined by Islamic Shariah,” said Muthalib. ”Its the same bill as presented last time.”

If the amendment gets passed, the president would not then have the authority to grant clemency on persons found guilty of murder, according to the parliamentarian.

The amended bill has been introduced in the parliament and now awaits a preliminary debate by members.

Early last month, MDP MP Ahmed Rasheed presented an amendment to the Clemency Act during a parliamentary session that required the death penalty to be administered without fail in cases where the sentence was upheld by the Supreme Court.

According to MP Rasheed’s proposed amendment, if the Supreme Court upholds a death penalty ruled by any court in the land,  a sentence of execution will be required to be conducted.

The MP said he felt he had to present the amendment because of the increase in assaults and murder cases, which had “forced the living to live amid fear and threats.

In 2010, Rasheed said that 423 cases of assault were sent to Prosecutor General, with 454 cases in 2009 and 104 reported during 2008.

After the preliminary debate was concluded and he was given the opportunity to say the last word on the amendment, Rasheed withdrew the changes he had originally submitted to parliament.

The MDP MP said he withdrew the amendment because other necessary bills related to gang violence such as the Penal Code and Criminal Justice Procedure Bill had yet to be passed.

According to Rasheed, after these bills were passed, he will then re-submit the amendment.

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Chief Justice assures full cooperation to National Crime Prevention Committee

The National Crime Prevention Committee formed to curb the rise in gang violence in the Maldives has said it has met with Chief Justice Ahmed Faiz and other judges on the Supreme Court bench, who have said they will fully cooperate with the committee to control gang violence.

The Supreme Court said it will resolve the issue of cases left pending in the courts without trials being conducted, said the committee in a statement.

The Supreme Court also offered assurances that it would assist the committee in issues related to the judiciary, the President’s Office said it a statement.

‘’Discussions at the meeting held at the Supreme Court were mainly focused on the prosecution of crimes such as rape, fraud, theft, drug related violence and other serious criminal offences within the existing legal framework,’’ the President’s Office said. ‘’The Chief Justice and the Prosecutor General, who also attended the meeting, assured the Committee it was working swiftly to prosecute and deliver justice and to reduce crime rate and tolerance of criminal activity in society.’’

The Chief Justice said it was important for the committee to work closely with the police and requested public cooperation with the police in their effort to find and bring criminals to justice.

President Mohamed Nasheed formed the crime prevention committee to curb gang violence and gang related crimes in the Maldives two days ago.

The committee consists of National Security Advisor Ameen Faisal, Home Minister Hassan Afeef, Attorney General Abdulla Muiz, State Defence Minister Mohamed Muiz Adnan and Prosecutor General Ahmed Muiz.

The President’s Office said that the committee had during their first meeting decided to establish a special task force to curb serious and organised crime.

The task force will be led by Maldives Police Service and will consist of officials from the Maldives National Defence Force (MNDF), Department of Penitentiary and Rehabilitation Services (DPRS), Attorney General’s Office, Ministry of Education, Courts of law, Prosecutor General’s Office, Maldives Customs Service, Ministry of Health and Family, Ministry of Human Resources Youth and Sports, Immigration Department and officials from the Local Government Authority.

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Cabinet decision will increase police use of non-lethal weapons, including tasers

Cabinet yesterday decided to permit police to use non-lethal weapons to curb the gang violence in Maldives.

The President’s Office said the decision was made after discussing a paper submitted to the cabinet by the National Security Advisor ”raising concern over the continuous increase of gang violence, street mugging and other serious criminal activities that risk people’s lives and social stability.”

”Discussing the paper, members of the Cabinet noted that existing police fir power to stop gang violence was not appropriate for current situation compared to some of the more lethal weapons used by gangs,” said the President’s Office. ”They also noted that, in a democratic country, granting police the power and capability to discharge their legal duties to maintain internal stability and security, and protect the economy, was necessary for national security.”

An official from the President’s Office said that non-lethal weapons including electroshock taser guns and mace spray were permitted under the new regulation, while the use and effectiveness of weapons already in use such as pepper spray were discussed. The official said he was unsure whether the decision included the use of rubber munitions.

Tasers are widely used as a ranged non-lethal option by many law enforcement agencies around the world such as the US, but have been criticised for their misuse by some officers and potential to cause cardiac problems in some recipients of the shock.  Mace is the brandname for a strong form of pepper spray, which causes a burning sensation on mucus membranes but is short-range.

Police Sub-Inspector Ahmed Shiyam said that police had not yet been informed as to what types of non-lethal weapons were now allowed.

”After we know what types of non-lethal weapons are allowed we can say how effective it might be on our operations to curb gang violence,” Shiyam said.

Currently tear gas, pepper spray and batons are used by police in the Maldives, however police have been previously criticised for inaction when confronted with gangs wielding knives and swords. In a recent attempted robbery of Baros Island Resort police discovered a harpoon gun in a boat allegedly used transport  the suspects to the island, however more conventional firearms are extremely rare in the country.

Recently a gang attacked another gang in the artificial beach area using sharp objects, shovels and iron bars, in the presence of many passing women and children who was enjoying the venue on the weekend. Local media reported that one woman fainted after witnessing the attack, while the gang also threatened a person in the area and robbed him of his motorbike at knife-point.

In another recent incident, a 21 year-old man identified as Ahusan Basheer was murdered in a gang attack despite reportedly informing police that he felt he was at risk of being attacked.

When journalists queried Deputy Head of Serious and Organised Crime Department Inspector Abdulla Nawaz in a recent press conference about Basheer’s security request, he said he had not received information regarding the matter.

In another incident two persons were stabbed near Maaziya football ground and one of the victims bled to death after a major artery was severed.

Blame has been passed between police and the Criminal Court for the lack of prosecutions  – police claim the court is being lenient with offenders, while the court claims police are providing insufficient evidence to convict.

”The court does not refer to the nature of the crime but rather refers to the evidence brought to the court against the accused,” said the criminal court in a recent statement, noting that everyone is considered innocent until proven guilty by a court of law and that ”everyone accused of criminal offense is not a criminal.”

The first to be reported dead in a gang attack was on December 3, 2007, where a person named Ali Ishar, 21, died after he was beaten and stabbed in the Henveiru Ward of Male’.

On April 12, 2008, 15-year-old Shifau Ismail died from heart failure, after being severely beaten with metal bars and sticks in a gang-related attack which was believed to be a revenge attack.

Ahmed Shaneed, 15, died on the eve of the second round of presidential elections while another man attacked in April of the same year died in hospital that October.

On December 8, 2008, Samir Abdul Mueen, 23, died after he was stabbed multiple times by two or three men on motorcycles on Male’s Janavaree Magu.

Abdulla Faruhad, 18, of Seenu atoll Hulhudhoo Lilymaage was stabbed on Majeedhee Magu in March 2009 and died shortly afterwards.

Many such deaths and gang related crimes were recorded after 2007, suggesting an increase the number of crimes committed annually. Perception or fear of crime – in many countries often considered more socially damaging that the crime itself – has risen markedly.

Authorities have responded with periodic crackdowns that typically result in a large number of arrests but few prosecutions.

Last year police and the Maldives National Defense Force (MNDF) arrested almost 60 people, including children, in a joint special operation launched on July 15 to curb gang violence after series of revenge attacks occurred between gangs in Male’ likewise the police special operation underway following the death of Ahusan Basheer.

Many of those who were arrested in the special operations claimed that the police and MNDF officers mistreated and abused them during their arrest and detention.

Many armed robberies and assaults were also reported last year.

In December 2009, prominent businessman Ahmed Ibrahim Didi, known as ‘Campus’ Didi, was stabbed and robbed of almost US$300,000 in cash by unknown assailants.

On December 30 the same year, the manager Mohamed Rashaad Adam and an employee of the Sunfront store on Majeedhee Magu were attacked on their way home.

On January 7, the Department of Penitentiary and Rehabilitation Services (DPRS) launched a rehabilitation program for recently released inmates who were serving time for minor drug offences. There were 62 former inmates enrolled in this program, with more than 150 still awaiting clearance.

On January 10, a man was attacked and stabbed with a sharp object in the early hours of that morning. According to police, he man was attacked by a gang of six men. A boy under the age of 18 was arrested in connection to the case.

On January 17, police arrested 19 people in connection with the stabbing of Ahmed Ibrahim ‘Campus’ Didi.

On January 20, head of the police drug enforcement unit Mohamed Jinah claimed “it won’t be long” before police arrest the remaining four of the top six drug dealers identified by President Mohamed Nasheed.

“Two of the top six drug dealers have been arrested. We will arrest the remaining four as soon as possible,” he promised.

On January 23, a group of men allegedly gang raped a woman on Fuvahmulah after dragging her to a beach and restraining her husband.

On January 28, six men were injured in a fight between two groups in Gnaviyanni Faumulaku, and one of the injured men died while receiving treatment.

On February 7, a 15 year old boy and his 35 year old father were attacked and stabbed by gang members in  Hulhumale’.

On February 8, a businessman was attacked and robbed of Rf435,000 (US$33850) and US$7100 on Janavary Magu near Sonee Hardware.

On March 1, President Mohamed Nasheed criticised the judiciary during a Maldivian Democratic Party (MDP) rally and said that the government would not back down and will continue to arrest drug dealers.

On March 2, a man driving a pick-up truck was stabbed near Vaadhee Fresh in Maameyo Magu.

On March 3, the country manager of Habib Bank was stabbed and robbed in his home by a gang of four masked men. During the incident he suffered injuries to his nose, forehead and right arm but was not seriously hurt.

On March 8, police arrested three men in connection with the armed robbery of Habib Bank’s country manager.

On March 15, four men forcibly entered DhiTV studios and attacked five senior officials at the station afternoon, shortly after the station aired a report on its 2 o’clock news claiming that Ibrahim Nafiz, ‘Chika’, had been released to house arrest. Three hours after the alleged gang attack on DhiTV, a Haveeru employee was stabbed in the back.

Abdul Razzag Adam, 39, who works at the printing department, was knifed outside the Haveeru office building while he was on his cycle.

On March 25, a well-known flower shop on Sosun Magu, Cactus, was robbed by a group of intruders who threatened staff with knives and box cutters.

A witness to the incident, who spoke with the staff, told Minivan News that three men entered the flower shop and threatened the staff with knives and cutters, and stole Rf35,000 (US$2700)

On March 26, a group of 15 men abducted, drugged and gang raped a 20 year old girl while reportedly filming the incident with a mobile phone.

On March 30 the Maldives Police Service (MPS) claimed some politicians were using gangs to cause unrest, intimidate people and attack opponents.

Police Sub-Inspector Ahmed Shiyam confirmed that “police have learned some politicians have used gang members to create unrest.”

On April 19, police arrested 22 people including four children under the age of 18 in Laamu Gan, after they were attacked during a wave of gang violence.

Police alleged gang members broke the glass windows of a shop in the industrial area of Mathimaradhu, burnt down a hut in Mulurimagu [district] and broke the windows of two houses. When they tried to stop the gang members, police claim they they were attacked and a police vehicle was damaged.

On 3 May, two men on a motorbike stabbed a 16 year old child in front of two police officers on Ameenee Magu near Imadudeen School, before fleeing.

Police Sub-Inspector Ahmed Shiyam said that the two police officers were investigating a motor vehicle accident when the incident occurred. The boy injured his lungs and arm during the stab.

On 26 May, a taxi driver threatened a 19 year-old girl with a knife inside his car. The girl was forced to give money to the driver while she was traveling to Indira Gandhi Memorial Hospital (IGMH).

On 29 May two men stabbed a 14 year-old boy in eight places, injuring his lungs and liver.

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Shahum attempted to attack officers with a machete, claim police

Police Inspector Abdulla Nawaz of the Serious and Organised Crime Department has claimed that Ibrahim Shahum, arrested in connection with the recent murder of 21 year-old Ahusan Basheer, was planning to attack officers with a machete when he was found hiding inside some bushes on an uninhabited island.

Police began searching for Shahum after Basheer was stabbed to death on Alikileygefaanu Magu in Male’, one of the capital’s main roads.

”It is believed that he was attempting to attack police officers with the machete,” Nawaz said, of Shahum’s arrest. ”He was arrested with three other persons including an under-aged boy, all of them are suspected to be involved in the murder case.”

He added that police believed Shahum was had led the attack on Basheer, and identified his suspected accomplices as Athif Rasheed and Mohamed Visham.

”There is a reason why they attacked Basheer, but we can’t divulge the information as it might obstruct the investigation,” he said. ”We are also trying to determine whether they had any connection with the owner of the uninhabited island.”

The murder case came not after a week Shahum was released by the Criminal Court citing lack of cooperation from the Health Ministry in providing certain documents.

Shahum was kept in detention six months following the investigation of another murder case involving a 17 year-old boy who bled to death after being stabbed.

On March 17, a group of men stabbed a 21 year-old man to death near NC Park in the Galolhu district of Male’.

Police said the incident occurred around 3:30am in the morning in Alikileyegfaanu Magu.

”He was stabbed four times in the back and three times in the chest,” police then said in a statement.

After the attack to curb the violence in Male’ police commenced special operations and arrested more than 50 persons who were arrested on charges of planning assaults, which most of them were arrested without any probable grounds to arrest or keep in detention according to the Criminal Court.

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President ratifies gang violence bill

President Mohamed Nasheed has ratified the bill on gang violence.

According to the bill, possession of sharp objects and other weapons without a valid reason is prohibited and huge penalties are served for those who violate the Act.

The Act has now been published in the government’s gazette.

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President Grants clemency for 39 Maldivians and 10 expats

President Mohamed Nasheed has granted clemency to 39 Maldivians and 10 expats who were sentenced to Maldivian jails.

Most of those granted clemency were inmates sentenced for long term punishments and had spent a long time in the cells, according to Director General of Department of Penitentiary and Rehabilitation Services [DPRS] Ahmed Rasheed.

“Among the 39 Maldivians [granted clemency], most were mainly charged with drug-related cases and some of them were sentenced for objection to order and other such crimes,’’ said Rasheed.

“Seven of the 10 expats were sentenced in a single fraud case.”

Rasheed said although clemency was granted to the seven expats, they would be deported from the Maldives.

President Nasheed also granted clemency decreasing the punishment of another 100 convicted criminals.

“These people were also mainly sentenced for drug related cases and some of them had been banished,’’ Rasheed said.

Inmates at Maafushi jail have on many occasions claimed that President Mohamed Nasheed promised that he would grant clemency to everyone in Maafushi jail when he came in to power.

They claimed that most of their parents and family members voted for president Nasheed due to this pledge he made.

However, the Human Right Commission of the Maldives [HRCM] has claimed that Male’ has reached a situation where it is difficult for people to live a normal life due to rising gang violence.

The commission noted earlier this week that the release of people charged with “perilous crimes” such as murder had led to them repeating the crimes, and that the agencies responsible for the implementation of sentences are not taking necessary measures to ensure they were served.

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Police confiscate weapons, arrest 59 suspected gang members

Police arrested 59 men and confiscated an assortment of weaponry, in a special operation yesterday to try and cut down on gang violence following gang-related six stabbings and a murder over the weekend.

A statement issued by police said that the 59 men were arrested “for the collection of information”, and noted that 15 were under the age of 18.

Police investigated two guest houses suspected of being used by the gangs, and discovered narcotics, weapons and items such as gloves and masks inside.

Police Sub-Inspector Ahmed Shiyam said that out of the arrested 59, 11 were released after questioning.

The Human Rights Commission of the Maldives yesterday issued a statement expressing concern over the rise in gang violence and called upon all the concerned authorities to take necessary measurements to curb the violence.

Last Thursday Maldives Customs officers discovered five 3-foot long swords inside a container unloaded from a cargo ship.

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HRCM expresses concern over gang violence, calls on the parliament to expedite bills

The Human Rights Commission of the Maldives (HRCM) has expressed concern over growing gang violence in the wake of the stabbing murder of a 17 year-old last Friday, describing the surge in violence as an obstacle to people “obtaining the freedom and rights guaranteed them in the Constitution.”

“We are very concerned that murder with sharp objects, gang wars and other crimes are now being conducted publicly,’’ HRCM said in a statement.

“It is with regret that we note that it has reached a situation where it is difficult for the people to live a normal life, and has become an obstacle for people to obtain the freedom and rights guaranteed by the Constitution.”

The commission claimed that the issue caused trouble for institutions of the state and obstructed the duties of those institutions.

“The commission has recently expressed concern over the issue and repeatedly called on the concerned authorities to pave way for a peaceful society for eternity,’’ the Commission said. “We note that the release of people charged with perilous crimes such as murder has caused them to repeat the crimes and that the agencies responsible for implementation of sentences are not taking necessary measurements.’’

The commission called on the Home Ministry and the Department of Penitentiary and Rehabilitation Services (DPRS) to fulfill its duties and take action quickly.

“We call on the parliament to expedite necessary bills such as the bill on the penal code, the criminal procedure bill, the evidence bill, parole bill and the bill on prohibiting threatening and using sharp objects and dangerous weapons,’’ HRCM said.

“We also appeal everyone to conduct all actions bound by the laws and in accordance with Islamic principles and democracy.’’

Recent gang violence reported

Last Saturday, a 17 year-old boy was stabbed in the leg and died after more than eight hours of treatment at Indira Gandi Memorial Hospital IGMH, according to a person familiar with the matter. A total of six men were stabbed during over the weekend.

On May 3, two men on a motorbike stabbed a 16 year old child in front of two police officers on Ameenee Magu near Imadudeen School, before fleeing.

On May 10, NGOs held discussion meeting on the new drug bill, aimed at reducing the number of drug addicts and gang violence in the Maldives.

On May 31, daily newspaper Haveeru reported simultaneous outbursts of violence near Athama Palace and Maafaanu Stadium on May 29, while another third victim was stabbed outside Galolhu police station the following day.

A 14 year old boy was also stabbed eight times on May 28, the newspaper reported, after he was reportedly mistaken by a gang for somebody else.

On June 1, a squad of masked police officers during a special operation destroyed the outer wall of Galolhu Masodige, a house police believed was being used by gangs to gather and hide weapons.

On June 16, a group of more than 10 men beat and stabbed a 19 year old man in Male’ in front of many witnesses, as he was walking down a street in Mahchangolhi, Male’.

On June 20, a 16 year-old boy was stabbed by a group of four men. The men rode up on motorbikes as the victim was near Fen building on Ameenee Magu, a person familiar with the victim told Minivan News.

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Woman stabs ex-husband to death in Male’

A 21 year-old woman has been arrested after allegedly stabbing her 34 year-old ex-husband to death near Woodapple restaurant in Male’.

Police said the man died in hospital on Tuesday afternoon while he was receiving medical treatment.

Police Sergeant Abdul Muhusin declined to reveal further information on the case “as the investigation is ongoing.”

The criminal court trial began yesterday with murder charges presented against Mariyam Nazaha by state prosecutor Dheebaanaz Fahmy.

According to daily newspaper Haveeru, Fahmy claimed Nazaha hid a knife in her bedroom with the intention of stabbing Hassan Shahid, of Machangoalhi Edhuruge.

Nazaha acknowledged the charges and denied them, Haveeru reported. Her lawyer, Ahmed Abdulla Afeef, said he would review the documents before responding to the charges.

Meanwhile, a person familiar with the matter told Minivan News the victim was stabbed by his ex-wife, after they separated some time ago.

He said he saw the victim run out of Baikendi in the Henveiru district of Male’ yesterday afternoon, enter a nearby shop and ask the shopkeeper to call the police as he had been stabbed.

”At first people in the shop thought he was joking, but then he took his hands from the wound and showed them the blood,” said the source. ”He was stabbed once in the lower back.”

The source told Minivan News that two passing police men stopped and assisted the injured man, while police headquarters sent more officers to the scene.

”He was taken to ADK hospital for treatment and later died,” he said.

The source claimed the man was stabbed inside the house where his ex-wife lived.

”He used to come to that house but he was not allowed inside,” the source said. ”They have a child that he comes to visit.”

He said the incident may have been the result of a court ruling yesterday regarding the child’s guardianship.

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