PIC requests punishment of officers for unlawful arrest of Thulhaadhoo Council president

The Police Integrity Commission (PIC) has recommended the Home Ministry take action against police officers involved in the arrest of Thulhaadhoo Island Council President Ahmed Rasheed earlier this year, according to media reports.

On January 26, 2013, police arrested Rasheed on charges of creating unrest while participating in a protest against Adhaalath Party Leader Sheikh Imran Abdulla when he arrived on Thulhaadhoo.

Along with Rasheed and island council member Ziyau Rasheed Ibraim, 11 people were arrested over their alleged involvement in confrontations on the island.

The PIC’s recommendation was made after investigating a complaint filed by Rasheed contending that his arrest had been unlawful.

Rasheed claimed in the complaint that he was arrested in his home after the protest was over by police officers with their faces covered.

Channel News Maldives reported at the time that clashes had occurred between supporters of the the opposition Maldivian Democratic Party (MDP) and the government-aligned Adhaalath Party during Sheikh Imran’s visit.

The councilors were released the next day after being taken to court for extension of the period of their detention.

Concluding its investigation into Rasheed’s arrest this week, the PIC’s report stated that the police officers had arrested and handcuffed Rasheed in violation of arrest procedures.

The PIC report explained that officers were required to follow regulations specifying the procedure for handcuffing a suspect during an arrest.

In reference to other claims made by Rasheed that police used inappropriate language when they communicated with him, the PIC said that the investigation team was unable to prove whether or not allegations were true.

A police spokesperson today told Minivan News that no instructions had been received from the Home Ministry on the PIC’s recommendations concerning the case at time of press.

“The PIC procedure is they send these recommendations directly to the Home Ministry, and the ministry will then forward the case and have us take action against officers. The Home Ministry may also take action,’’ he said.

PIC Director General Fathimath Sareera Ali Shareef was not responding to calls from Minivan News at time of press.

Earlier this week, Assistant Commissioner of Police Ali Rasheed revealed that the police disciplinary committee had decided not to take any action against five police officers facing criminal prosecution over police brutality against MDP demonstrators on February 8, 2012.

The decision was made despite a recommendation from the PIC to the home ministry to take administrative action against the six police officers accused of brutality.

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Former Home Minister denies responsibility for ministry overspending in 2011

Former Home Minister Hassan Afeef has said he cannot be held answerable for the MVR 1 million (US$66,943) spent in excess of the Home Ministry’s budget in 2011.

The 2011 audit report for the ministry revealed that MVR 1,030,934 was spent in addition to its allocated budget while Afeef was Home Minister.

The auditor general’s report further states that the ministry initiated a number of projects without any announcement – a violation of the Public Finance Regulation, according to local media.

Afeef claimed that while he held his post in 2011 he had no involvement in the ministry’s spending, adding he was “not supposed to be aware” of the matter.

“I was not in charge of the finances, for that we had a financial controller. It is under the finance act that each individual ministry has one, and they deal with the expenditure.

“I cannot be answerable to those things because [the financial controller] has the responsibility for spending the Ministry’s budget,” Afeef told Minivan News.

Asked if he was aware that the ministry had gone over its budget at the time, Afeef added: “I am not supposed to be aware. If there was something I should be aware of, they would make me aware of it.”

The Home Ministry audit report revealed that MVR 86,329 (US$5,605) was spent on the preparation of Dharubaaruge convention centre in Male’, while MVR 75,000 (US$4,870) was spent for a music and boduberu program and MVR 36,225 (US$2,352) allocated towards a sound system for a presidential speech.

The decisions, according to local media, were all made without prior announcement to find a suitable party.

Furthermore, MVR 12,548 (US$814) was spent by the Home Ministry in 2011 to host a Ramadan breakfast for its employees, without authorisation from the Finance Ministry.

Speaking about the expenditures, Afeef stated that there were certain factors that had not been taken into consideration in the budget, adding “if the budget is not enough, they have to spend the money to fund the extra costs.”

The report noted that MVR 64,000 (US$4,155) was spent on ‘attire allowance’ for employees for national day and independence day celebrations.

The audit report also highlighted further discrepancies in expenditures made from the Department of Immigration and Emigration – which at the time functioned under the Home Ministry.

The Controller of Immigration was awarded MVR 26,729 (US$1,735) for his phone bill, while 10 employees from the department were given MVR 48,032 (US$3,118) in excess of their salary. Meanwhile, three employees at the department received MVR 2,392 (US$155) less than their agreed salary, according to local media.

Issues raised in the report on the Department of Penitentiary and Rehabilitation Service (DRPS) show that MVR 617,257 (US$40,081) had been used in contradiction to the shift-duty guidelines declared by the Civil Service Commission.

MVR 56,123 (US$3,644) was awarded to employees in excess of their salary, while MVR 3,473 (US$225) was withheld from two employees who were owed the amount.

Furthermore, contraband confiscated from inmates was not properly recorded. MVR 8,691 (US$564) was also taken from the DPRS safe and left unaccounted.

The auditor general advised that proper action be taken against parties who had violated the regulation.

Investigation into failure to recover misappropriated funds

Parliament’s Public Accounts Committee announced on Monday (February 25) that it intended to investigate the failure by authorities to recover misappropriated funds in previous audit reports.

In the meeting held on Monday, Committee Chairperson MP Ahmed Nazim revealed that the committee intended to send a letter to Attorney General Aishath Azima Shakoor regarding the failure to recover the money.

Majlis Finance Committee member MP Ahmed Hamza told Minivan News that the Public Accounts Committee was still going through the reports and was unable to give an estimate as to how much money is still owed as a result of the misuse of state funds.

The finance committee member said that there were two issues in regard to the failure of recovering misused funds.

“If the government incurs a loss due to the misappropriation of funds, rather than recover the money, the guilty party faces criminal punishment instead.

“Secondly, it is a case of certain members finding it not possible to recover the funds that have been misused,” Hamza added.

When asked whether there had been any effort to recover the money in the past, Hamza stressed that some had been returned, but he was unable to give a rough figure as to how much.

Dhivehi Rayyithunge Party (DRP) MP Visam Ali was reported by local media as saying that government offices do not correct issues relating to how funds are managed, even after repeatedly being advised to do so in audit reports.

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Twelve brothels shut down: Home Ministry

Twelve brothels have been shut down in an operation launched by police after President Mohamed Waheed assumed office in February, the Home Ministry has revealed.

In a press release last week, the Home Ministry expressed concern with the extent of prostitution in the Maldives and the involvement of locals in operating the clandestine enterprises.

The press statement did not however name the establishments that have been raided by police and closed down in recent months.

Efforts were underway to amend the relevant laws to impose harsher punishments on those involved in prostitution and operating brothels, the Home Ministry statement added.

In May this year, the Islamic Ministry announced that it was formulating rules and guidelines for registering and operating alternative medicine centres, spas and beauty salons to prevent the use of such establishments as a front for prostitution.

Shutting down spas and massage parlors doubling as brothels was a key demand of a ‘mega protest’ on December 23 organised by eight political parties and religious NGOs to ‘Defend Islam’ against the allegedly liberal policies of the ousted Maldivian Democratic Party (MDP) government.

Adhaalath Party President Sheikh Imran Abdulla had claimed during the December 23 demonstration that there were over 60 brothels in the Male’ alone, double the number of mosques in the capital.

Briefing press on the first 100 days of the Waheed administration on May 20, Islamic Minister Sheikh Mohamed Shaheem Ali Saeed claimed the ministry possessed a list of suspected brothels in inhabited islands, “most of which have already been shut down.”

“There are still suspected places on the list [in operation],” he added.

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Government to upgrade all ID cards to smart cards

The Home Ministry has announced that all national ID cards are to become smart cards, containing fingerprint information.

State Minister for Home Affairs Ahmed Fayaz said that discussion were under way with the Department of Planning as well as the Pension Administration Office to determine the best way in which the changes can be implemented. The new smart cards are to replace the old ones as they expire.

Fayaz is also reported as saying that the ministry may collaborate with the police of the National Registration to obtain this information.

Home Minister Dr Mohamed Jameel Ahmed is reported as saying that a list of 23,000 people awaiting new cards when the current government came to power has been reduced to around 3,000, with 1,000 cards nearly ready for distribution.

It was reported that the additional information would make the cards multi-functional, potentially doubling and insurance cards and driving licenses.

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Home Minister claims reports of criminal activity in Usfasgandu, after criminal court drops request for court order

The Home Minister Dr Mohamed Jameel Ahmed yesterday claimed to have received reports that criminal activity was being conducted at the opposition Maldivian Democratic Party MDP)’s protest camp in Usfasgandu area.

Jameel’s comments come only days after the Criminal Court refused to grant a court order for the forced dispersal of the protest camp, which was granted to the MDP by the Male’ City Council – which has an MDP majority. The court had argued that the case fell under the jurisdiction of the Civil Court.

Jameel was not responding at time of press. However he was reported in Haveeru saying that: “No complaints of any criminal activities had been raised with us at the time [of the original court order request]. But now many complaints have been received including criminal offences.”

The Criminal Court last week decided that the case concerning the disputed jurisdiction of the Usfasgandu area fell outside of its remit. The police had requested the court order following an instruction from the Home Ministry to take over the area on behalf of the government.

The MDP have based their activities in the area since their original ‘Justice Square’ protest camp was dismantled by security forces on March 19. During the subsequent court case the MDP’s legal team decried the fact that the government forces had acted without a court order.

After the camp had been dismantled, the government defended its actions, arguing that criminal activities had been planned and executed in the area.

There had been incidents in the days immediately preceding the raid in which police had been attacked by individuals who were then reported to have retreated into the crowded camp area.

Furthermore, the March 19 raid came only hours after an MDP led march, originating at the ‘Justice Square’ camp, in protest of the re-opening of the People’s Majlis turned violent resulting multiple injuries to both civilians, police and military personnel. Villa Television (VTV)) also sustained significant damage.

During the raid itself, after a brief media blackout, the security forces paraded cases of alcohol to waiting journalists as apparent evidence of illegal activity in the camp.

The ensuing court case was inconclusive, being dismissed on a technicality shortly before the closing statements were expected. The technical issue was resolved and the case re-filed, before again being held up on a similar issue.

Hissan Hussian, a member of the MDP’s legal team, said that the MDP will not stop police investigating potential cases of criminality. She said that the police could obtain a search and arrest warrant if it had reasonable grounds to believe that illegal activity was taking place.

“We are saying that if criminality is going on, they are free to investigate. We will not give cover to anyone engaging in illegal activities,” said Hissan.

She also revealed that a petition had been circulating in protest of the bullying tactics being used against the MCC. The petition seeks to remind the Local Government Association (LGA) and other government ministries that jurisdictional battles must be pursued through the appropriate legal avenues. The petition so far has arounf 150 signatures.

This follows the submission to the LGA last week of a petition criticising the MCC’s policies on religious speeches as well as its general provision of services.

Over 60 days had passed between the MDP’s relocation to Usfasgandu and the Home Ministry’s order to the police, during which time no complaints of criminal activity had been received according to the Home Minister’s comments.

Spokesman for the MDP Hamid Abdul Ghafoor saw these accusations as a furtherance of the government’s attack on basic freedoms: “This is very telling. They have tried but they are losing a battle against freedom of expression.”

“The coup administration appears to be acting on the previous constitution while we are acting on the current constitution. They have memory loss,” said Ghafoor

Ghafoor, who is also MP for Henveiru South, the constituency in which Usfasgandu lies, said that he had not been made aware of any criminal activities in the area.

“If there were serious problems I would be the first to know. I walk around the area every day,” he added.

Police Sub-Inspector Hassan Haneef was unable to give specific details of any of these complaints, explaining that such complaints do not always go through the police but can go directly to the Home Ministry.

Usfasgandu has become the most prominent in a series of inter-governmental disputes between the central government and Male’ City Council (MCC). The government has argued that the MCC’s leasing of the Usfasgandu area for political purposes violates the terms of the 2010 decentralisation act.

The MCC has repeatedly refuted this and refused to cede control the area to the Housing Ministry. MCC Mayor ‘Maisan’ Ali Manik has said previously that the MCC would stand aside if a court order was obtained, whilst stating his belief that that these jurisdictional issues fall within the mandate of the Civil Court.

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Police request court warrant to dismantle MDP protest site at Usgandu

Police have sought a warrant from the Criminal Court to dismantle the Maldivian Democratic Party (MDP) protest site at ‘Usgandu’, following a request made by the Home Ministry.

In a statement, police said the request was made to the court yesterday afternoon at 1:00pm.

Police said the Home Ministry had requested police implement a decision made by cabinet to reclaim the land from the MDP-dominated Male’ City Council, and give it to the Housing Ministry.

On May 9, the Housing Ministry wrote to Male’ City Council requesting it hand over ‘Usgandu’ to the ministry, however the Council declined to do so, police noted.

The statement said the land was given to Male’ City Council according to laws that placed state land under the jurisdiction of local councils.

MDP Chairperson and MP ‘Reeko’ Moosa Manik yesterday claimed that if police dismantled the MDP protest camp at Usgandu, protests would erupt all across Male’.

Moosa said that if their camp was dismantled, MDP supporters would gather near the Maldives Monetary Authority (MMA) – the same area the then-opposition aligned parties held a series of protests against former President Mohamed Nasheed.

Moosa added that the Uagandu was given by Male’ City Council to MDP according to the law, and that security forces had no right to restrict citizens from claiming a fundamental right such as freedom of assembly.

Following the controversial transfer of power on February 7, Male’ City Council allocated the empty area near the tsunami monument to the MDP, which set up a protest camp.

However on March 19, hours after President Dr Waheed Hassan Manik delivered his inaugural speech to the parliament, security forces raided the area, dismantled the camp and painted over anti-government graffiti, removing all trace of MDP from the area.

Male’ City Council subsequently granted Usgandu to MDP to conduct their political activities until the end of June. The MDP meanwhile filed a case against the dismantling of the tsunami monument site in the Civil Court, which is ongoing.

Police Spokesperson Hassan Haneef today told Minivan News that there were no updates on the story as of yet, adding that he had not been informed whether the court had issued the warrant.

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Government closes national offices established by Nasheed

The Home Ministry has closed the seven national offices established by Former President Mohamed Nasheed to oversee government projects at regional and local level.

The administrative structures of the seven national offices, formerly called  as the Province offices were formed by Nasheed’s cabinet in March 2011 to oversee developments within seven regions across the country to try and coordinate national developments within the decentralised councils.

Then-opposition had argued that the formation of National offices contradicted the purpose of decentralisation.

The National office’s will be closed from Thursday and all the services will be continued through atoll and island councils, Home Ministry’s Deputy Abdullah Mohamed told Haveeru.

The staff  will meanwhile report to the councils and the assets will be transferred following an audit, Mohamed said.

According to him, as the offices were established under a presidential decree, it will be officially dissolved with a decree.

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PG criticises Home Minister, calls for action on police brutality allegations

Prosecutor General (PG) Ahmed Muizz has criticised Home Minister Ahmed Jameel for “misinforming” the public over the PG office’s performance in a press release unveiled Thursday (March 16).

Muizz, responding to comments made by Jameel,  called on the home minister to himself act upon and investigate allegations of police brutality and other unlawful acts carried out during the controversial transfer of power on February 7.

The statement counters allegations made at a press conference held March 11 in which Jameel called the criminal prosecution system “lazy,” claiming that the PG office was delaying the prosecution of cases relating to arson and vandalism in Addu City on February 8.

Supporters of former president Nasheed are alleged to have destroyed police, court buildings, vehicles and a police training centre on February 8 in Addu in the aftermath of a perceived brutal police crackdown on protesters in Male’.

Muizz said although the police had claimed by February 16 to have filed cases related to widespread violence that occurred on February 8, the PG had only received incomplete documents as of February 21. He pledged he would expedite the February 8 cases, but only after verifying evidence related to them.

“This office is not mandated to prosecute all cases submitted by the Maldives Police Services,” the statement read. “This office will only lay charges once we have independently verified all evidence and if we believe the accused can be convicted.”

In Defence

Responding directly to Home Minister Jameel’s criticisms of the amount of work being carried out by the PG’s office, Muizz claimed that he could only conduct cases within the wider parameters of the criminal justice system.

“Some note an ‘extraordinary delay’ with cases submitted to this office.  But the PG’s office believes the performance of any institution within the criminal justice system must be measured based on the nature of the institution’s work, and in comparison with other offices with which the institution coordinates its mandate with,” Muizz stated.

Jameel had previously said that the delay in prosecution did not lie with the police, but rather with the PG’s office.

However, Muizz noted that of 305 cases the police had filed for prosecution in January and February of 2012, only 97 cases had been investigated and filed within three months of the crime being committed

Of these, only 22 were cases related to offences committed in 2012. In 42 of the 305 cases, the police had taken over a year or more to complete investigations, the statement also noted.

The PG office had also submitted 442 drug-related offenses to the criminal court, and had completed 87 percent of cases filed with the office in 2011.

“Hence, we do not believe our performance is far behind that of other institutions within the criminal justice system,” the statement read. However, many aspects of the criminal justice, including that of the PG office, needed to be strengthened in order to better serve the public, the statement added.

Allegations against Police

“I believe the Home Minister, as one mandated with upholding the constitution and the fundamental rights of the citizens of the Maldives, must act upon allegations of unlawful behaviour said to have been committed by the police between February 6 and 8 through an internal process that the public can trust, but one that does not cause loss of faith in the police,” Muizz said.

Former President Mohamed Nasheed announced his resignation after the military joined a police mutiny on February 7.

The next day, Nasheed alleged the transfer of power had been a coup d’état and led a peaceful march in Malé on February 8.  Police were widely reported to have used tear-gas and excessive force against Nasheed’s Maldivian Democratic Party (MDP) supporters.

Amnesty International (AI) has issued several statements condemning and documenting police violence in Malé and Addu City on  February 8 and in the weeks following the transfer of power.

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Mohamed Shihab appointed Minister of Finance and Treasury

Mohamed Shihab, a member of ruling Maldivian Democratic Party (MDP), has been appointed as Minister of Finance and Treasury by President Mohamed Nasheed.

Shihab previously held the post of Political Advisor at the President’s Office. He has also served as Minister of Home Affairs under the current administration.

Presenting Shihab with his ‘Letter of Appointment’, President Nasheed emphasised his confidence in Shihab’s capability in executing the financial and economic reform policies of the country.

Mohamed Shihab assured the President that he would put forth his utmost effort as Finance Minister.

Parliament is expected to vote on the appointment when it returns from recess in March.

Previously a member of the MDP’s former coalition partner Jumhoree party, Shihab replaced Jumhoree Party Leader Gasim Ibrahim as Home Minister 21 days into the Nasheed administration.

In late 2010 the cabinet resigned en masse to protest the “scorched earth politics” of the opposition-majority parliament, which it accused of obstruction and attempting to wrest executive control.

Shihab was among seven ministers whose reappointment was rejected by parliament in November 2010. He has since been serving as Political Advisor to Nasheed.

Opposition Progressive Party of the Maldives (PPM) spokesperson Ahmed Mahlouf told Minivan News today the party would discuss the nomination in its parliamentary group before signalling its position.

“It is important to fill the post,” Mahlouf said, adding that “we don’t expect to have any difficulty discussing Shihab’s nomination.”

“I don’t think Shihab is coming from a background in finance, he has instead been Home Minister and an advisor,” Mahlouf explained. “But he is experienced in politics, he served in Parliament for 17 years, and he has been a speaker. I think we see him as someone we can communicate with easily.”

Mahlouf said Shihab’s communication skills were superior to those of former Finance Minister Ahmed Inaz, who he claimed did not have a good relationship with Parliament.

Calls to opposition Dhivehi Rayyithunge Party (DRP) were not answered at time of press.

Inaz
Picture from Manadhoolive.com.mv

Shihab’s appointment as Finance Minister follows the resignation of Ahmed Inaz, whose credibility was compromised when MDP activists found him in covert conference with Mulaku MP Abdulla Yameen of opposition Progressive Party of Maldives (PPM) in a non-residential poorly-lit area of Male’ at 12am.

Inaz was subsequently taken to MDP headquarters, where activists demanded his resignation. He resigned two days later along with the State Minister of Finance Ahmed Naseer.

Directly following the encounter MDP activists suggested that Yameen was attempting to bribe Inaz, while others believed it was a set-up.

In June 2010, Yameen was arrested on charges of bribery and attempting to topple the government. The Supreme Court however ordered his release.

Prior to the presentation of the Letter of Appointment, Mohamed Shihab took the oath of office of the members of the Cabinet before the Supreme Court Judge Abdulla Areef.

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