Tag: Hoara Ibbe

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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MDP ‘Hoara’ Ibbe’s sexual assault trial scheduled next month

The trial against senior Maldivian Democratic Party (MDP) activist and former Undersecretary of the President’s Office, Ibrahim Rasheed ‘Hoara Ibbe’, has been scheduled for next month.

Rasheed stands accused of sexually abusing a 17 year-old girl in December 2012.

The Criminal Court stated that the Prosecutor General had filed the case in the court on February 19.

The Criminal Court told the media that Rasheed was charged under article [c] of the Special Measure for Perpetrators of Child Sex Abuse Act of 2009, which states that perpetrators of child sex abuse can be sentenced up to 14 years.

Ibrahim Rasheed is a well-known politician and a senior figure within the opposition MDP who  also served in the President’s Office under the former government of Mohamed Nasheed.

Rasheed was arrested on December 6, 2012, after being discovered in a house in Galolhu Ward of Male’ with a seventeen year-old girl.

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, police later declined to confirm these reports.

In January 6, 2013, the Criminal Court placed Rasheed under house arrest, after keeping him in pretrial detention for a month.

According to Maldivian law, any person under 18 years of age is considered a minor.

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Former President’s Office under-secretary placed under house arrest

Former President’s Office Under-Secretary Ibrahim Rasheed ‘Hoara’ Ibbe, who stands accused of sexual offences against a 17 year-old girl, has been placed under house arrest.

Rasheed, who served in the President’s Office under the previous government of Mohamed Nasheed, had been kept in pretrial detention until yesterday (January 5) over the allegations.  The Maldives Police Service today confirmed that his detention had been extended for an additional 15 days under house arrest.

Rasheed was arrested on December 6, 2012, after being discovered at a house in the Galolhu Ward  of Male’ with a seventeen year-old girl.

A Criminal Court Spokesperson had told local media that Rasheed was brought before a judge yesterday for a hearing on whether to extend the period of his detention. The presiding judge decided that the suspect was to be placed under house arrest for the next 15 days, according to reports.

Police Sub-Inspector Hassan Haneef today confirmed to Minivan News that Rasheed was now placed under house arrest, but could not give further details of the case as it was related to a minor.

‘’In such cases related to minors we do not provide details,’’ he said.

Haneef also declined to confirm local media reports alleging Rasheed and the 17 year-old girl had been found naked when discovered together by police.

Ibrahim Rasheed is a well known politician and a senior figure within the opposition Maldivian Democratic Party (MDP).

Legal grounds

According to Maldivian law, any person under 18 years of age is considered a minor.

Special provisions relating to child sex abuse cases state that “for the purpose of this law, unless proven otherwise, the courts shall not accept that the sexual activity was carried out with the consent of the minor, if the minor is between the ages of 13 to 18.”

Sexual offences involving minors is punishable by up to 25 years imprisonment.

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Police summon former Defence Minister and President’s Office Undersecretary for questioning

Police have summoned former Defense Minister Tholhath Ibrahim to for questioning over former President Mohamed Nasheed’s arrest of Criminal Court Chief Justice Abdulla Mohamed.

Former Undersecretary of the President’s Office Ibrahim Rasheed ‘Hoara Ibee’ has also been summoned for questioning  to over alcohol bottles police reportedly discovered inside Presidential Residence Muleeage, on the day of the police mutiny.

Rasheed today told Minivan News that he was summoned to police and asked about the bottles, and that he answered the police questions.

‘’I told them that the area where they found the items can be accessed by anyone who enters Muleeage so nobody could be certain who they belonged to,’’ Rasheed said. ‘’We believe there was police mutiny in February 7 – the  day they claimed to have found those bottles – and we are not sure whether it was the police or the Maldives National Defence Force (MNDF) who were in control of Muleeage that day.’’

Rasheed said ‘’I think their main objective is to destroy our reputation, it’s what they have always been doing, so we expect more allegations.’’

Tholhath confirmed to Minivan News that he was questioned about the arrest of Judge Abdulla Mohamed.

Police Sub-Inspector Ahmed Shiyam also confirmed that the pair were summoned for questioning over some cases reported to police.

He said that as the investigation was still not concluded, police could not give further details.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request.

The judge’s whereabouts were not revealed until January 18. The MNDF had acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz joined the High and Supreme Courts in condemning the MNDF’s role in the arrest as unlawful, and requesting that the judge be released. Former President Mohamed Nasheed has maintained that he was upholding the constitution in the arrest of the judge, following the failure of both parliament and the judicial services commission to adequately investigate him, after the Chief Judge in September 2011 had the civil court issue an injunction against his further investigation by the judicial watchdog.

Opposition political parties held a series of protests which culminated on the morning of February 7 with the resignation of Nasheed – allegedly under duress – and the handover of the presidency to Vice President Dr Mohamed Waheed Hassan.

The same day, MNDF and police officers claimed to have found alcohol bottles and hash oil in the presidential residence.

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