Tag: HRCM

Alidhoo Resort staff allegedly still owed wages: “If they don’t like it, they can leave,” says resort owner Jabir

J Hotel & Resorts owner MP Abdulla Jabir has responded to no payment allegations made by Aldihoo Resort staff, declaring “If they do not like it, they can leave”.

Staff at the resort revealed how both Maldivian and foreign workers had not received pay for four months and six months respectively, despite complaints made to management and various external government organisations.

Alidhoo Resort in Haa Alif Atoll is run by J Hotel & Resorts, a company owned by Maldivian Democratic Party (MDP) MP Abdullah Jabir, the husband of former Human Rights Minister Dhiyana Saeed.

Five Alidhoo Resort workers living in the near-by island of Dhidhdhoo spoke to Minivan News – under condition of anonymity – of their frustration as management continues to withhold their pay.

The five workers claim that the Human Rights Commission of Maldives (HRCM) has “forgotten” about them, despite multiple complaints made to the institution.

“We [staff] complain every other week to the HRCM, but never receive any response. We contacted the Labour Ministry and they told us they would reply in November, but they still haven’t got back to us.

“Our verbal complaints never get us anywhere with management, usually they say ‘we can’t pay you right now”’even though the resort’s been at 100 percent occupancy the last few months,” alleged the staff.

Earlier this year the Tourism Employees’ Association of the Maldives (TEAM) released information revealing that Alidhoo’s management had not paid the resort’s 125 expatriate staff for six months, while the 85 local employees had not been paid since May.

“I am struggling more than the staff”: MP Abdulla Jabir

Responding to the no payment allegations, J Hotel & Resorts Chairman Abdulla Jabir explained that there was a delay in payment because of a “delay in making money”.

Jabir claimed that there had been less than 30 percent occupancy in the last year, despite staff claiming it being at 100 percent for the last two months.

“We have 250 staff [at Alidhoo Resort] and rather than go on leave and then come back during times of low occupancy they are telling us they want to stay.

“[The staff] are not struggling, that’s wrong. If they are struggling, they will not stay. They are staying and that means they are not struggling.

“I am struggling more than them,” he added.

Staff have gone on strike on three previous occasions over the salary issue, but have been met with harsh penalties including the dismissal of those staff involved in the strikes.

Sources from within the resort claim they face losing their jobs if they make a formal complaint to management and are therefore “trapped” over the payment issue.

Despite Jabir’s company owning Alidhoo Resort, the MDP MP distanced himself from allegations made by the workers claiming that he “is not involved in this” and that the media need to contact the people responsible for the matter, adding: “You don’t contact [Silvio] Berlusconi for every matter in Italy, you contact the respective ministers.”

“If I close the resort they don’t get pay, they don’t get food, they don’t get accommodation and they will be jobless.

“Maybe they get 10 days, 15 days delay in salary, or even a month’s delay in salary, but they are making it. It is not an issue,” Jabir told Minivan News.

“The staff can go home if they feel like not working for us.”

A mother from Baarah, Haa Alif Atoll who has worked at the Alidhoo Resort for the last four years, alleged to Minivan News that even when staff are paid late, they are rarely paid the full amount.

“In two months they will pay for just one month, and if pay is delayed for three months, we will still only get one month’s pay, that is how they operate,” she said.

“I went to Human Resources and asked why my salary has been cut off for the last four months and they said ‘we can only pay for one month’, and that’s MVR 3000 (US$ 195).”

Jabir has agreed to sell property to finance staff: Jabir’s wife Dhiyana Saeed

When the staff payment issue was raised back in June 2012, the now former Human Rights Minister Dhiyana Saeed – who is also the wife of J Hotel & Resorts chairman – said that no complaints had been made to her ministry.

Speaking to Minivan News over the recent claims, Dhiyana said that she was aware that her husband was having financial “trouble” and that there are outstanding payments to both staff and other people, however she claimed that Jabir is “doing his best” to repay the debts.

“We talk about these problems at home and [Jabir] has agreed to sell his property to finance staff and other people.

“It has been very hard for him to raise the money, but we are very close to making a deal with selling the property and clearing our debts,” said Dhiyana.

MDP members mark International Human Rights Day

Jabir, who recently switched from the Jumhoree Party (JP) to the Maldivian Democratic Party (MDP), joined the MDP’s Journey of Pledges tour as they visited neighbouring islands to Alidhoo Resort.

Minivan News raised the staff payment issue with MDP President Mohamed Nasheed moments after he had just completed a run to mark International Human Rights Day in Kulhudufushi earlier this week.

“There has been so many human trafficking allegations and you mention a certain entrepreneur having not paid [his staff], but I keep on going to work sites all over the country and there are so many ex-pats unpaid and their working conditions are also so bad, that is human trafficking,” said Nasheed. “If you have appropriate standards across the board then you won’t have this opportunity of cheap labour.”

HRCM’s Investigation Officer Aishaph Afreen Mohamed revealed that a complaint had been lodged by Alidhoo Resort staff in September, and that an investigation by the HRCM into the complaint is “ongoing”.

When asked how long the investigation is expected to last, Aishaph stated she was “not sure” as the HRCM has to obtain information “from all relevant departments”.

Almost all staff have now been paid: Alidhoo GM Jadhulla Jaleel

General Manager of the Alidhoo Resort Jadhulla Jaleel, admitted there had been a delay in paying staff, but claimed that as of today “almost all” staff had been paid.

“Sometimes there is a delay, but we always pay. Our staff trust us that they will be paid,” Jaleel said. “Only today (November 11) we have paid almost all of the staff, we paid a total of MVR 500,000.”

When asked to further clarify how many staff come under “almost all”, Jaleel then stated: “All staff, both foreign and local have been paid.

“If you call your sources, they will confirm they have been paid. Some of the staff won’t be able to confirm it because they won’t have collected their money today,” Jaleel claimed.

A reliable source within the resort confirmed to Minivan News that as of November 11 they had been paid, but for only two out of the four months owed. The source also alleged that foreign staff members were yet to receive any of their six-months of missing payments.

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No official response from PIC over bystander’s death, authorities “elusive and slow”, says widow

Leaked CCTV footage which has thrown into dispute an official police account of 43 year-old Abdulla Gasim Ibrahim’s death in a motorcycle accident on August 17 has been making rapid rounds on social media.

The family of the victim in September raised the matter with the Police Integrity Commission (PIC), stating: “the ‘accident’ occurred due to a policeman standing in front of Hilaaleege using his baton to hit the head of the driver on a motorcycle which had two people fleeing after stealing, which caused the motorcycle to lose control and drive into Abdulla Gasim Ibrahim’s motorcycle.”

Ibrahim’s widow Naseema Khaleel told Minivan News on Monday that she had received no official response from the PIC to her letter.

“I call the PIC now and then and ask about it. They first said they’ve asked the police for the relevant footage, then later said they had received it. The standard answer since then has been that they are looking into the matter,” Khaleel said.

“The police call every now and then. They called a few days back to ask for the motorcycle registration and bills. They too say they are investigating the case. I do want to take the matter to court. Right now I’m waiting to see if we get a response from PIC,” Khaleel explained. “What else can we do?”

Khaleel stays home taking care of the couple’s two children, and said she has faced much hardship following her husband’s death.

“No state bodies or anyone else have extended any sort of support. My brothers and family help as much as they can. The younger child is seven and I, too, wish to provide for my children, for their education and school activities. But it is hard now,” she said.

Khaleel said she had approached the police after the incident, asking for assistance in taking her husband abroad for emergency medical care, but to no avail.

“I did approach the police to ask for help, but did not get any assistance from them. We had bury him in Sri Lanka in the end. I was not even given the police records, which further complicated things there. Had I gotten at least cooperation from the police, things would not have been as difficult as they were,” she said.

Khaleel said that although the Aasandha health insurance scheme helped with the medical costs, the graveness of the situation called for her and other close family members to travel with Ibrahim. She said the family had not received any assistance even in this instance.

“I am not trying to blame the police or any other persons involved. But even the police have said that Gasim had no fault in this, that he was just an innocent bystander. Then someone needs to take responsibility,” Khaleel said.

“I don’t know what else we can do. They are elusive and very slow, which is why we keep calling back. All I want is justice,” Khaleel told Minivan News.

Investigation almost concluded: PIC

PIC Director General Fathimath Sarira confirmed the PIC had received the letter, and that the investigation was now nearing the point of conclusion.

She also confirmed that the PIC had previously received the leaked footage and that it was part of the ongoing investigation.

Article 41(c) of the Police Act states that Maldives Police Service should inform the PIC upon the occurrence of death or infliction of grave bodily injury to a person due to the use of force by a police officer.

Asked if police had in accordance with the above article notified PIC of the incident, Sarira replied, “Police has notified the commission about the accident over a phone call. Although, when we first heard of the case, it was only said that a speeding motorcycle had collided with a parked one and led to a death. But then later, we got the footage too.”

Asked for clarification on what actions the commission would take if police were found to have failed to notify the commission as required, Sarira responded that police usually did keep the PIC informed and that she could not recall any recent incidents to refer back to.

“We will be concluding this investigation very soon and can then provide more details,” she said.

Meanwhile, Vice President of the Human Rights Commission of the Maldives (HRCM) Ahmed Tholal stated that they had only become aware of the incident after the leaked video went viral on social media.

“We have today started discussions on the matter in the commission meeting. Only after the commission members conclude discussions can we provide details on how we will proceed to act on this matter,” he said.

“Police Commissioner Riyaz must take responsibility”

Former President Mohamed Nasheed and the Maldivian Democratic Party (MDP) have meanwhile released statements condemning the cover-up of the incident, and calling for Police Commissioner Abdulla Riyaz to take responsibility for the incident.

“I am shocked and appalled by the leaked video, which appears to show a policeman hitting a motorcyclist in the head with a baton, which led to the death of an innocent bystander,” said Nasheed.

“Under [President Mohamed] Waheed’s administration, we are seeing a return to the thuggish brutality of Maldives’ authoritarian past. I implore the international community to pressure the Waheed government to immediately and impartially investigate this case, to bring human rights abusers in the security forces to book, to cease its harassment of opposition members, and hold early elections so democracy can be restored.”

Warning: some viewers may find the following footage disturbing.

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High Court upholds acquittal of police officer accused of assaulting Hussain Solah

The High Court has upheld a Criminal Court verdict acquitting a police officer of charges over assaulting an inmate in 2007, who was later found dead floating in Male’ harbour.

Corporal Ahmed Shah (Haa Dhaal Vaikaradhoo, Prim Rose) was accused of assaulting inmate Hussein Solah (Seenu Hithadhoo, Naazukeege) on April 12, 2007, three days before Solah was found in the harbour near the Atolhuvehi Detention Centre in Male’.

Shah was prosecuted on request of the Human Rights Commission of Maldives (HRCM), which obtained witness statements from three detainees who claimed Corporal Shah assaulted Solah in custody.

A seven-month investigation by the HRCM found that there was “not enough evidence to say for certain that Solah was [ever] released from custody.”

Police denied any wrongdoing and claimed Solah was released on April 13, informing HRCM that the inmate was suicidal and exhibited symptoms of heroin withdrawal.

In November 2009, more than a year after charges were pressed against the police corporal, the Criminal Court ruled that Shah was not guilty on the grounds that the witness statements were not sufficient evidence for a conviction.

The court noted that as Corporal Shah was in charge of the jail at the time, the witnesses were likely to be prejudiced against the senior officer.

Following the verdict, Head of the HRCM Legal Department Mohamed Shafaz Wajeeh told Minivan News that the court had a set a precedent of not considering witness statements from detainees without corroborating evidence.

Shafaz said he believed the case represented progress as it had been the first time such charges were pressed against a serving police officer.

The state however appealed the Criminal Court verdict at the High Court, which ruled (Dhivehi) yesterday that the verdict could not be overturned as the prosecution was unable to prove guilt beyond reasonable doubt.

History

Hussain SolahHussein Solah, 27, was arrested on drug related charges in Hithadhoo on April 9, 2007 and brought to Male’. Police claimed he was released on April 13, but he did not contact family or friends, and was found dead in the harbour outside the detention centre on the morning of April 15.

In January 2008, the HRCM requested criminal charges be filed against Corporal Shah, based on its findings and three witness statements.

In June 2009, the HRCM expressed concern that the case remained stalled at court as no hearings had been held for a year at the time.

Deputy Prosecutor General Hussain Shameem told Minivan News in June 2009 that a total of three hearings were conducted by the Criminal Court since March 2008.

At the last hearing on October 21, 2008, said Shameem, the issue of transferring proceedings to a court house near the Hathifushi low risk jail for a witness who was serving a sentence there was discussed.

HRCM Media Official Jeehan Mahmood, currently a member of the commission, told Minivan News at the time that the HRCM considered the case a custodial death.

A police media official meanwhile confirmed that Corporal Shah was serving in the police force and had not been suspended.

Under normal procedure, he said, a police officer who had a complaint filed against him or was involved in an ongoing court case would be suspended.

“But this is the Human Rights Commission’s allegations and it’s based on witness statements from three prisoners,” he said. “They don’t have any other evidence besides that.”

Waiting for justice

The discovery of Hussain Solah’s body sparked protests in the capital and Addu by the Maldivian Democratic Party (MDP).

Former President Mohamed Nasheed, then-chairperson of MDP, was beaten and arrested by police near the Aasaharaa cemetery  in Male’ on April 15, 2007, the day Solah’s body was found in the harbour.

Solah’s family meanwhile rejected the findings of a postmortem conducted in Sri Lanka, which showed that the cause of death was drowning.

On April 28, Solah’s body was buried in the Aasaharaa cemetery without the consent of the family.

Speaking to Minivan News in June 2009, Hassan Zareer and Waheeda Ahmed, Solah’s parents, said they were still waiting for justice for their son’s “murder”.

Zareer said police called on the night of April 13, 2007 and said his son was going to be released.

“When the HRC checked the cell they found his bag, his clothes and a chit that he had with him,” Zareer said.

Zareer said he was convinced that his son was killed by police.

“I was surprised because it was a holiday and the court usually doesn’t finish cases that soon,” he said.

Police asked him where Solah should be sent to in Male’ and he told them to send him back to Addu.

Zareer found out his son was dead when he saw the news on TV on April 15, he said.

He added he did not accept the explanation from police or the post-mortem conducted in Sri Lanka.

Further, he referred to security cameras outside the detention centre, which police could have used to prove that Solah was released.

“We just want to know who is responsible,” said Zareer. “We don’t want money or anything like that.”

The family was planning to submit a petition to parliament requesting an inquiry into the death.

“I think about it all the time. It is in my heart every day,” said his mother.

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Deputy Police Commissioner denies HRCM’s “emotionally charged” claims

Deputy Commissioner of Police Hussain Waheed has denied the claims of the Human Rights Commission (HRMC) that officers were “emotionally charged” on February 8.

The commission’s report described interviews with “senior officers” which suggested that “a large number of civilians were injured by police officers…because individual police officers were too emotionally charged at the time.”

Waheed reportedly told Sun Online that he didn’t believe the police had “ever acted out in emotion”.

“We will never be emotional; it is not a word in our vocabulary,” he said.

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Security forces did not take “sufficient measures” to control Addu City unrest: HRCM

Security forces did not take “sufficient measures” to control the unrest in Addu City on February 8 as damage to private and public property could have been “minimised” if police and army carried out their duties, the Human Rights Commission of the Maldives (HRCM) concluded in its investigative report (Dhivehi) released publicly this week.

On February 8, a brutal police crackdown on supporters of the formerly ruling Maldivian Democratic Party (MDP) sparked riots across the country, with police officers forced off many islands while police stations and courts were burnt down in the southern atolls.

Following reports of police brutality and rumours of the death of a protester in Male’, police stations, police vehicles and the police training academy in Gan, as well as court houses, were set ablaze in Addu City. Addu is an MDP-stronghold and the second most populated area in the Maldives after the capital Male’.

Concluding its report on the events of February 8, the HRCM recommended that the Maldives Police Service (MPS), Police Integrity Commission (PIC) and Maldives National Defence Force (MNDF) should investigate the failure to contain the unrest and take legal action against security service personnel who were deemed negligent or responsible for the inaction.

MPS and PIC should also “immediately investigate” allegations of torture in custody and inhumane treatment of detainees from Addu City and take action against the responsible police officers, the HRCM recommended.

In addition, the commission stated that legal action should be taken against police officers who were negligent in providing medical treatment to detainees as well as against officers who “violated the dignity of private households and infringed upon the rights of residents” during the arrest of suspects from their homes.

Moreover, the HRCM recommended providing “training and information on not committing cruel or inhumane acts during arrests or in all interactions with those detained at various stages of investigations.”

The report concluded that the unrest in Addu City “caused fear among citizens and deprived them of a number of rights” while “irreparable damages” to police stations, property and court buildings posed “serious obstacles to provision of many basic services.”

The commission stated that it received complaints of torture and inhumane treatment of detainees in the wake of the unrest and widespread arson, noting that fundamental rights of those arrested were not protected “in an ideal manner”.

“Signs of torture”

In its concluding observations, the HRCM noted that 17 people were treated for varying degrees of injuries caused during the unrest in Addu City. The injuries included a fractured bone and half-inch deep head wound.

During a visit to a detention center in Addu City, the HRCM team observed “signs of torture” on the bodies of 10 detainees who alleged mistreatment, including bruises and wounds on most of them as well as a two-inch deep gash on the shoulder of one detainee.

The team also observed “signs of a cigarette burn on the soles of the feet of one detainee.”

Five to six detainees were kept in cells with a capacity for two inmates, the HRCM noted. Detainees in Hulhudhoo were kept handcuffed in the police station’s sitting room, the commission found, adding that the cuffs were only removed for trips to the toilet.

The HRCM investigative team in Addu City corroborated allegations by the detainees that police officers covered their bodies in ash. The commission noted that several detainees were not treated for injuries despite being taken to the Hithadhoo Regional Hospital on February 11.

Moreover, the detainees alleged that in addition to using obscene language in front of family members during their arrests, police officers threatened to kill and torture them and damage their houses in retaliation.

Based on its findings, the HRCM concluded that police actions towards detainees in Addu City following the unrest of February 8 were in violation of constitutional protections as well as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

However, the HRCM found that rumours of detainees being abused on coast guard vessels were unfounded as there was no evidence to support the claims.

The commission also took note of serious damage to state assets and property – including court documents – as well as personal belongings of police officers, recommending that the state identify and compensate the officers.

Following investigations of arson by the police, the Prosecutor General’s Office pressed terrorism charges against more than 60 individuals from Addu City, including an MDP MP and a councillor.  However, charges have not been pressed against any police officer to date.

On May 30, the PIC issued a press statement revealing that a case against Staff Sergeant Ali Ahmed was forwarded for prosecution after the commission obtained video footage of the accused officer striking an MDP protester while he was on the ground.  It is unclear if the case been filed at the Criminal Court.

Responding to allegations by the MDP on August 15 that the commission was “deliberately delaying” releasing its findings to the public for “political interests”, the HRCM issued a press release stating that its investigation into human rights violations on February 8 was “not an investigation that was initiated following a case filed to the commission” but rather a “self-initiated investigation”.

The commission also claimed that the report had been sent to the relevant authorities on May 28, and that it had additionally shared “necessary information” with the public during a press conference on July 18.

Violence in Addu City

In a press conference on February 10, former President Mohamed Nasheed claimed that police and military were “ransacking Addu City.”

Nasheed claimed that police were working together with members of former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM), who were “dragging people out from their homes and asking them if they are MDP or PPM. If they say MDP, they are spraying them with pepper, beating them and arresting them.”

Minivan News was contacted by a man, identifying himself as an MDP supporter, who claimed to have been “arrested and beaten” on Hithadhoo in Addu City, at 1:30pm on February 9.

He alleged that he was targeted because the Dhivehi Rayithunge Party (DRP) in Addu sent a list of people who had participated in protests to the police.

He was taken from his house with his family: “They threw my sister like a dog, and said all kinds of very bad words to my parents.”

He was taken to Gan with 33 others where the station had been burned.

“They poured petrol around us and said: ‘We will burn you, we can do anything because no one knows where are you are and no one will come to save you.'”

The military and police members allegedly removed some peoples’ clothes, sprayed them with pepper spray, and made them all “dance like dolls. They were doing it for their own entertainment, smiling and laughing.”

On February 11, Al Jazeera reported allegations of “savage beatings” by the police and custodial abuse in Addu City with footage of injuries exhibited by victims.

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Releasing PIC findings ahead of CNI report “of utmost importance”: PIC President

The Police Integrity Commission (PIC) has stated its intention to release findings from ongoing investigations into alleged breach of laws and regulations by police officers during the lead up to and in the direct aftermath of February’s controversial transfer of power.

Speaking to Minivan News today, PIC President Shahinda Ismail said the institution would be releasing three separate reports. These reports will focus on the events of February 6 and 7, the events in Male’ on February 8 and the events in Addu Atoll on February 8 and 9. She also stated that these reports would be available to public upon release.

“I feel that it is of utmost importance to release the reports before the Commission of National Inquiry (CNI) report comes out. If not, there is a chance that the PIC investigations are not given the importance it merits. We’re working to get this done,” Shahindha added.

Meanwhile, local news website Haveeru quoted PIC Vice President Dr Abdulla Waheed as saying that the commission has gathered information from a variety of sources and its reporting was now almost complete.

Asked if PIC had so far taken action against any police officers found at fault through the investigations, Waheed refused to comment on it before the release of the said reports.

With reference to the HRCM reports released last Saturday, Waheed said that the commission had not yet discussed the findings concerning police conduct. He added that the commission would be able to respond to them once government offices resumed work after the holiday period.

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Police crackdown on February 8 “brutal”, “without warning”: HRCM

A police crackdown on a Maldivian Democratic Party (MDP) march across Male’ on February 8 that left dozens of demonstrators injured was “brutal” and “without prior warning,” the Human Rights Commission of Maldives (HRCM) concluded in an investigative report (Dhivehi) made public yesterday.

Based on its findings, the HRCM recommended that the Maldives Police Service (MPS) and Police Integrity Commission (PIC) should investigate the “disproportionate” use of force in violation of police regulations authorising use of less-lethal weapons. Legal action should be taken against the officers responsible for any such offences, the commission concluded.

“This commission notes that the human rights of a number of people were violated as a result of police using disproportionate force in violation of the constitution, the Police Act and regulations, and international conventions the Maldives is signatory to in dispersing a gathering of MDP supporters at the MMA [Maldives Monetary Authority] area on 8 February 2012 ,” the HRCM report concluded.

“The commission believes that those who carried out these acts must bear responsibility.”

On February 8, thousands of MDP supporters took to the streets after former President Mohamed Nasheed declared that his resignation the previous day was “under duress” in a “coup d’etat” instigated by mutinying Special Operations (SO) police officers.

The HRCM report on the human rights violations that occurred on February 8 was compiled based on interviews with senior MDP leaders who participated in the walk, police commanders, senior military officers, eyewitnesses, victims of police brutality and media personnel as well as photo and video evidence.

An injured protester

While 32 people filed complaints with the commission concerning varying degrees of injuries sustained in the crackdown, 20 people submitted medical documents of their treatment of injuries.

Among the injuries caused by the police baton charge, the HRCM report noted that several people were bruised and battered, one person fractured a bone in his leg, one person was left with a broken arm and six people sustained head wounds.

Two fingers on the left hand of one demonstrator were crushed, the report noted, and the victim had to undergo treatment at the operating theatre.

The former ruling party meanwhile informed HRCM that the march across Male’ was spontaneous and that the party had not planned to stage any protests on the day.

According to the MDP, participants of the walk were sitting down at the MMA area when the police charged without warning and caused serious injuries, noting that most people were attacked from behind.

Senior members of the party told the commission that police were asked to let MDP supporters continue their march along the outer ring road of Boduthakurufaanumagu.

MDP claimed that police refused to transport victims of the alleged brutality to the hospital and that former President Nasheed’s military bodyguards left the area before the baton charge.

“Emotionally charged”

In interviews with senior police officers and commanders in the field on February 8, the HRCM was told that police intelligence had learned that the MDP supporters were planning to “confront” police officers.

Participants of the MDP walk “attempted to cause damage” to the Family and Child Protection Unit building and Galolhu police station, the officers claimed, at which point they determined that the gathering was not peaceful.

Police did not allow the march to continue because participants could have entered the Republic Square or green zone, where gatherings are prohibited under freedom of assembly regulations.

Police further claimed that protesters hit police shields and that armed gangs “under the influence of drugs” were part of the crowd.

While protesters did not cross the police line, the senior officers said that rocks were thrown at the police. About 30 riot police and plain-clothed officers from other departments were in the area at the time, police said.

While police conceded that “a large number of civilians were injured by police officers” on February 8, senior officers interviewed by the HRCM revealed that the riot police were not acting on commands.

The violence occurred “because individual police officers were too emotionally charged at the time,” the senior officers said.

“And when civilians were getting injured by individual police officers, [they said] senior police officers went to the area and attempted to gather all police officers in one place,” the report stated.

The senior police officers further claimed that police were “very psychologically weakened” due to the events of February 7.

Following the crackdown, police admitted that “use of force” forms were not filled out and an “after action review report” was not drafted as was required under normal procedure.

Meanwhile, the Maldives National Defence Force (MNDF) informed HRCM that about 15 soldiers were active in the area during the crackdown, but claimed that military personnel did not witness police brutality.

When the protesters reached the MMA junction, they began striking the MNDF riot shields and throwing water bottles. They were then pushed back about 20 feet, where they sat down, the MNDF explained.

Contrary to the HRCM’s findings, the MNDF claimed that police advised the protesters to disperse and issued warnings before advancing with riot shields.

Military personnel used coloured smoke “to minimize damage and for ease of controlling those gathered,” the MNDF informed the commission.

Concluding observations

Opposition-aligned private broadcaster Raajje TV meanwhile provided video footage to HRCM showing the arrest of MDP MPs ‘Reeko’ Moosa Manik, Mariya Ahmed Didi, Imthiyaz Fahmy and Ibrahim Rasheed.

MDP Chairperson 'Reeko' Moosa Manik

An HRCM team that visited Dhoonidhoo detention centre observed “bruises all over the body” of one of the MPs, while her eyes were bloodied and swollen.

The commission noted in its concluding observations that police officers “acted very harshly” towards the politicians “in ways that could cause physical and psychological harm” even though they showed “no resistance.”

While the Raajje TV cameraman was shooting the arrest of MDP Chairperson Reeko Moosa Manik, HRCM was told that two plain-clothed officers “pushed and shoved” Raajje TV reporters to the Republic Square and severed the camera cable, ending the station’s live feed.

However, in its concluding observation, the commission reprimanded the private broadcaster for their coverage of the events, which “incited fear and hatred among citizens, instilled a spirit of vengeance and caused serious damage to private and public property.”

Conversely, the commission noted that reporters from private broadcasters DhiTV and Villa TV – alleged by the MDP to have incited hatred against the administration of former President Nasheed and promoted the “coup d’etat” – were “threatened and intimidated” by MDP supporters and were consequently prevented from covering the march.

The HRCM also noted that students at Immadhudeen School during the afternoon session were adversely affected by the MDP supporters gathering outside the party’s Haruge camp on the afternoon of February 8. The party’s gathering area was ransacked by rogue riot police and army officers prior to President Nasheed’s resignation.

The commission contended that MDP supporters were loud and used obscene language outside Haruge, which was reclaimed by supporters led by President Nasheed to the area after the MDP national council meeting earlier in the day.

Citing article 72(b)(1) of the Police Act, which prohibits “commission of an act that could obstruct the execution of any of the police powers and discretions, or plotting to commit such an act, or participate in the commission of such an act, or call for or encourage or assist others to commit such an act,” the HRCM claimed that MDP supporters who participated in the walk “obstructed the performance of police duties.”

Moreover, the commission noted that patients and staff at hospitals ADK and IGMH faced “serious difficulties and inconveniences” due to MDP supporters gathering outside both hospitals following the police crackdown.

However, the BBC reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

“People scattered as officers sprinted towards them silhouetted against the lights of passing traffic,” the BBC’s Andrew North reported from Male’. “Inside the hospital, dozens of Mr Nasheed’s supporters are still being treated for injuries, following earlier scuffles in the main square. Among them is Reeko Moosa Maniku, chairman of Mr Nasheed’s Maldives Democratic Party – who was with the former president when the clashes broke out. With a large head bandage and his shirt bloodied, he regained consciousness as we arrived. The police said they would kill me, he told us, as they beat me. Another MP was still unconscious in another ward.”

The crackdown

While riot police baton charged the front of the protest march on February 8, Minivan News observed riot police officers charging the crowd from a narrow alley leading to the MMA area.

The Special Operations officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.

Parts of the attack from the rear were filmed by Al Jazeera, which reported on February 8 that “police and military charged, beating demonstrators as they ran – women, the elderly, dozens left nursing their wounds.”

Amid the clashes, a group of opposition demonstrators infiltrated the crowds, attacking MDP supporters, according to witnesses.

Former President Nasheed was reported among the injured, and received head injuries during the clashes. He was briefly taken under police custody before being released back into the crowd.

Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area at IGMH.

One young woman who had gone to IGMH with her sister was being treated for a head wound. A gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.

“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.

Explaining that she, her sister and most women had joined the party’s “walk around Male” because they understood it was not a violent protest, the young woman said she had never seen indiscriminate beating of men and women on Male’ under Mohamed Nasheed.

“It was just supposed to be a peaceful walk. That’s why we went, and why more women than usual went. But there was no warning of the attack, no announcements, we were all beaten even after we began retreating. My sister was almost trampled,” she said. “I just think it’s disgusting that the police could beat so many unarmed women.”

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HRCM findings will reflect CNI conclusions on transfer of power: President’s Office

The government will not make “special” preparations to address the findings of the Commission of National Inquiry (CNI) once they are published next week, claiming it does not expect any “abnormal” outcome from the report that would see its legitimacy questioned.

President’s Office Spokesperson Abbas Adil Riza today told Minivan News that while it did not wish to speculate on the CNI’s outcome before receiving its findings on August 29, the government expected similar conclusions regarding the transfer of power to those of the Human Rights Commission of the Maldives (HRCM).

The opposition Maldivian Democratic Party (MDP) has dismissed the government’s claims, adding that the CNI was an independent body, overseen by international partners, and would therefore focus on the “big picture” concerning the power transfer, rather than any individual report.

The HRCM yesterday publicly released several reports around alleged human rights abuses committed in the lead up to February 7, as well as reported violations that occurred once the government of President Dr Mohamed Waheed Hassan came into power on February 8.

Among some of the key findings of the reports were that former President Nasheed gave “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6. The HRCM also concluded that the Maldives Police Service needed to investigate alleged brutality conducted by its own officers after the transfer of power.

The HRCM’s findings are expected to be taken into consideration by the panel currently overseeing the CNI, which includes members appointed by President Waheed and a representative for former President Mohamed Nasheed. Under its reformed composition, the CNI is also co-chaired by retired Singaporean judge Govinda Pannir Selvam. Representatives from the United Nations and the Commonwealth will also advise the CNI’s work.

The CNI was initially established by President Dr Mohamed Waheed Hassan to investigate the details of February’s controversial transfer of power, before having its board reconstituted following international and domestic pressure.

Potential outcomes

With the government expected to receive the CNI’s report on August 29 – a day before it will be released to the public – Abbas Adil Riza said that the President’s Office saw “no need” to devise plans to address the potential outcomes of the CNI.

“The HRCM report has proven what we have always maintained about how this government came to power. We expect similar findings [from the CNI] that the previous chief executive displayed gross negligence and a violation of laws. We don’t expect a different stand,” he claimed. “However, on the basis of the CNI report, we will take necessary actions against any criminal behaviour found to have been committed at the time, should issues be raised.”

Abbas added that elections were therefore still scheduled for July 2013. Both the MDP and the Commonwealth Ministerial Acton Group (CMAG) have called for early elections to be held during 2012 to resolve the increasingly bittier political divide in the country.

With President Waheed expected to travel to Sri Lanka tomorrow for a postponed state visit, Abbas claimed that no discussions regarding the CNI and its outcomes were planned with Sri Lankan President Rajapaksa.

He added that the visit would therefore be focused on high-level talks concerning wider bilateral relations and commercial opportunities between the two nations.

“Out of context”

Responding to the release yesterday of the HRCM’s findings, MDP Spokesperson and MP Hamid Abdul Ghafoor said the party’s “experts” were studying the individual reports at present before making comment.

However, on a first glance basis, he accused the HRCM of publishing a “convoluted array of statements” that were additionally “out of context” with wider happenings during the transfer of power.

“The report accuses [former] President Nasheed of issuing unconstitutional orders, the whole thing is out of context and frozen over a 48 hour period,” he said. “At this stage, I would say there are many oversights in these findings.”

Ghafoor added that Abbas’ claims that the CNI would draw a similar conclusion to the HRCM’s findings reflected the position taken by Umar Naseer, Interim Deputy Leader of the government-aligned Progressive Party of Maldives (PPM).

On Sunday (August 19), Naseer leaked details of the HRCM’s findings before they had been released publicly, focusing on claims that Nasheed had given “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6.

He added that the HRCM report concluded that the MNDF and police officers at the Artificial Beach area were “unlawfully” ordered to leave the area, which led to a breakdown in command and control of the security forces.

The HRCM report was also said by Naseer to conclude that Nasheed’s orders to leave the area violated article 245 of the constitution, by obstructing security forces from fulfilling their lawful duties.

However, Ghafoor added that he was “not concerned” that the HRCM’s findings would lead the CNI to dismiss the MDP’s allegation that it was removed from office in a “coup d’etat”.

He claimed that due to international participation, the CNI, as an independent body, was well placed to view the HRCM report in the wider context of Maldivian politics. Ghafoor claimed that the CNI would be aware of alleged concerns over the conduct of the country’s independent institutions to do their work without political influence.

Ghafoor alleged that during the last three years, the majority of former opposition, now government-aligned, MPs had allowed the country’s independent institutions to be “shielded” from scrutiny concerning the outcomes of their work.

“The HRCM has always been a source of problems concerning independence” he claimed. “You just need to look at its failure to investigate the atrocities committed under the former government [of President Maumoon Abdul Gayoom].”

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HRCM to publish February 7 report at “earliest” date following alleged leak

The Human Rights Commission of the Maldives (HRCM) will release its report on rights abuses leading up to February’s controversial transfer of power as soon as possible after parts of its findings were allegedly leaked by the Progressive Party of Maldives (PPM).

The HRCM claims that the report has not been shared with any political party as of yet, while raising fears sections of it may already have been used as a “political tool” after being disclosed to the media.

Speaking to Minivan News today, HRCM Vice President Ahmed Tholal said that the commission had only shared the report with stakeholders to whom its recommendations were relevant. According to Tholal, these stakeholders include the Maldives Police Service and other selected state institutions.

According to details of the report leaked by PPM Interim Deputy Leader Umar Naseer on Saturday (August 18), the HRCM concluded that former President Mohamed Nasheed gave “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6.

According to Naseer,  the HRCM report stated that the MNDF and police officers at the Artificial Beach area were “unlawfully” ordered to leave the area, which led to a breakdown in command and control of the security forces.  Consequently, citizens were injured and huge damage was caused to the state, Naseer stated, citing the report.

While local media has reported that the document shared by PPM was the HRCM report with sections removed, Tholal confirmed that the full report had been sent to stakeholders.

Tholal said that in light of the reported leak, the HRCM now intended to share its published findings with the public at the earliest possible date.  He was unable to provide a specific date, but said the decision had to be made in a commission members’ meeting as required in their regulations.

Meanwhile, HRCM Commission Member Ahmed Abdul Kareem, speaking during a press conference on July 18, stated that the commission would not be looking into the events surrounding the transfer of power on February 7 as it did not fall within the body’s mandate.

When asked about the contradictions between this statement and the accounts given by Umar Naseer that were said to be have taken from the report, Tholal responded today by saying that he had not seen what details the PPM Deputy Leader had shared. He claimed that the HRCM had not conducted any investigation into the controversial transfer of power.

Tholal also expressed concern that the report was currently being used by some entities as a political tool ,“The reason why we haven’t put in a confidentiality clause is that our intention is to release it to the public when the time comes. It is not a confidential document as such. But the point is, when it is shared, we expect it to be used for the intended purposes and not as a political tool”.

In addition to the PPM, its coalition government partner the Jumhooree Party (JP) also held a press conference about the report this week.

Local newspaper Haveeru reported that Jumhooree Party (JP) Deputy President Ameen Ibrahim stated the leaked report would put an end to questions about the transfer of power in February.  According to Ameen, the two main questions around the events on February 7 had been answered through the report; firstly whether there was a coup, followed by whether or not President Waheed assumed his presidency through legal means.

While HRCM claims that they had not investigated the transfer of power through their report, JP Spokesperson Moosa Rameez contended the findings provided conclusive details on the event.

The JP representatives also stated they were very confident the upcoming Commission of National Inquiry (CNI) report would conclude the transfer of power had not been a “coup d’etat” as alleged by the now opposition Maldivian Democratic Party (MDP).

Neither the PPM’s Umar Naseer or JP spokesperson Abbas Adil Riza were responding to calls at the time of press.

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