Parliament’s Independent Commissions Committee has decided to summon Police Commissioner Abdulla Riyaz for questioning over police brutality against anti-government protesters who took to the streets, calling for the resignation of new President Dr Waheed Hassan Manik on February 8.
The issue was submitted to the committee last Wednesday by Maldivian Democratic Party (MDP) MP Ahmed Hamza.
Hamza told Minivan News that he submitted the issue to the committee because the Police Commissioner had said the police would not investigate the police brutality against anti-government protesters on February 7 and 8.
Hamza said Riyaz had told him that he had requested the Human Rights Commission of the Maldives (HRCM) investigate the case.
‘’I am interested to know why he has refused to investigate the case,’’ he said. ‘’HRCM and Police Integrity Commission (PIC) are also being summoned to ask about their investigations into police brutality that day.’’
Hamza said the committee furthermore decided to summon Prosecutor General Ahmed Muiz because some MPs were keen to ask him questions about the arrest of Criminal Court Chief Judge Abdulla Mohamed.
‘’The Chair of the committee will determine a date and time that they will be summoned,’’ he added.
He also said that lots of anti-government protesters and MPs were assaulted by police on February 7 and 8.
Independent Commissions Committee is chaired by independent MP Mohamed Nasheed.
MDP Deputy Leader and MP Alhan Fahmy has meanwhile submitted the case of the alleged coup d’état to the parliament’s National Security Committee for investigation and to determine the truth of the alleged events that took place on February 7.
Alhan said he was busy when Minivan News contacted him and did not respond.
He told Haveeru that the committee would investigate the circumstances of former President Nasheed’s resignation, and an allegation from Nasheed that Deputy Police Commissioner Atheef was held at knife point.
The National Security Committee has a majority of pro-government MPs and is chaired by Jumhoree Party (JP) Leader and MP ‘Burma’ Gasim Ibrahim, whom the MDP have alleged was one of the resort owners responsible for funding the coup.
Last month the Maldivian Democratic Party submitted the case of police brutality against their parliamentarians to the Inter-Parliamentary Union (IPU).
On February 8, thousands of anti-government supporters, led by former president Mohamed Nasheed, took to the streets demanding the resignation of the new President Dr Waheed Hassan alleging that his government was illegitimate.
Former President Nasheed, MDP Chairperson and MP ‘reeko’ Moosa Manik, MP Mariya Ali, MP Ahmed Shifaz and many other senior MDP figures were injured.
President of the Elections Commission (EC) Fuad Thawfeeq told Minivan News the commission is ready to hold any election mandated by law.
“We are confident we can organise any election mandated by law – whether it is a presidential election, referendum, or by-election. We will serve our duty,” Fuad said.
However, State Minister for Foreign Affairs Dunya Maumoon told the BBC on Saturday that the state’s independent institutions including the Elections Commission, Human Rights Commission (HRCM) and the judiciary were not strong enough for early elections to be held.
The ousted Maldivian Democratic Party (MDP) has called for early elections after the party’s Mohamed Nasheed resigned on February 7 in an alleged “coup d’état.” The Commonwealth and EU have supported the call for early elections.
Unless the institutions are strengthened, elections cannot be held in the country in “the foreseeable future,” Dunya told the BBC.
The US government has pledged US$500,000 (Rf7.7 million) for an elections programme to assist Maldivian institutions in ensuring a free and fair presidential election. The assistance will be made available from July 2012.
“We will not step back in our duty”
Speaking to Minivan News, Fuad said President Dr Mohamed Waheed Hassan’s government had not consulted the EC on its capacity to hold early elections. However, the commission has met with foreign teams and assured them of its capacity, Fuad said.
“We told them we have already held three successful elections in the past: the country’s first multi-party election in 2008, parliamentary elections in 2009 and local council elections in 2011,” Fuad said.
“There were more than 1180 seats for the island councils, atoll councils and city councils. That was a very large and complicated election. It was very successful. So I don’t see how anyone can raise questions regarding the Election Commission’s capacity,” he added.
Fuad noted the police played an instrumental role in upholding law and order during elections: “We will need the Maldives Police Services’ help in maintaining law and order and upholding the peace. If other relevant institutions are ready, there will be no problems in holding elections. We will not step back in doing our duty. If the law mandates it, we will hold a very successful election.”
President Nasheed resigned on February 7 after elements of the police and military mutinied. The MDP has acknowledged high levels of “animosity” between its supporters and the police, and called on the police to show restrain during arrest and detention procedures.
Fuad also said upcoming parliamentary by-elections for the Kaashidhoo and Thimarafushi constituencies “may be a platform to see if conditions are right for early elections.” The elections are scheduled for April 14.
HRCM: minor role
Meanwhile, HRCM president Mariyam Azra said the commission only played a minor role in organising and conducting elections.
“We only conduct awareness programs on the citizen’s right to vote without any discrimination during elections. We have the capacity to conduct awareness programs,” Azra told Minivan News.
The HRCM also trained elections observers, but Azra noted there were no funds budgeted for training observers in the state budget for 2012.
Transparency Maldives has previously conducted election monitoring.
“Society must be disciplined”
President Dr Waheed’s Spokesperson Masood Imad told Minivan News that law and order needs to be maintained before free and fair early elections can be held. Further, the MDP was violating law and order with its serial demonstrations, he said.
“Last night they demonstrated at the President’s house and said, “Kill the president, Kill the president”. We need guarantees from the MDP. We need to see society disciplined before free and fair elections,” Imad added.
The MDP has said it will step up its direct action program to press for early elections. The party’s supporters protested in front of Dr Waheed and Defense Minister Ahmed Nazim’s house on Saturday.
Dr Waheed’s administration also maintains that constitutional amendments would have to be made, and the Committee of National Inquiry (CNI) authorised to assess the legality of the controversial transfer of power would have to complete its inquiry before early elections could be held.
Investigation into the legality and legitimacy of the transfer of power on February 7 is not within Maldives’ independent state institutions’ mandate, the institutions have said.
Instead, the Human Rights Commission of the Maldives (HRCM) and the Police Integrity Commission (PIC) will respectively investigate human rights violations and police conduct on February 7.
The Prosecutor General (PG) and the Maldives Media Council claim the two bodies do not have investigative authority, while the Anti-Corruption Commission (ACC) said no cases have been lodged with the commission regarding the transfer of power.
Following the Commonwealth and EU’s call for an impartial investigation into the alleged coup d’état, President Dr Mohamed Waheed Hassan appointed a three member Committee of National Inquiry (CNI) to investigate the transfer of power. However, the commission has come under fire from the Maldivian Democratic Party (MDP) and civil society groups for unilateralism and lack of independence.
Moreover, the CNI has said it will not conduct a criminal investigation, but will publish a report based on members’ informed opinions in May. The commission’s mandate “specifically indicates that the inquiry will not be a criminal investigation. Any criminal investigation pertaining to the subject of the inquiry will remain the responsibility of the relevant authorities”.
But with the abdication of responsibility by independent state institutions, it now appears no independent commission in the Maldives will investigate the power transfer of February 7.
Ousted Maldivian Democratic Party (MDP) spokesperson Hamid Abdul Gafoor expressed “deep disappointment” and said institutions were “not extending themselves enough.”
“When the system breaks down, it is the responsibility of national mechanisms to deal with it. The democratic impulses driving these institutions are dying. This is why we are asking for external involvement and mediation in the inquiry,” he said.
President Mohamed Nasheed stepped down after elements of the police and military mutinied and called for his resignation. Video footage also show the police and military vandalising MDP’s offices and taking over state media Maldives National Broadcasting Corporation (MNBC) prior to Nasheed’s resignation.
Police cracked down on peaceful demonstrators in Malé the following day on February 8, leading to widespread arson and vandalism of courts, police stations and courts in the atolls.
HRCM
Speaking to Minivan News, the Human Rights Commission of the Maldives (HRCM) said the commission will investigate human rights violations on February 6, 7, and 8, and release a comprehensive report by mid-April. However, the commission will not look into the transfer of power.
“We will not be looking into the transfer of power. The transfer of power is out of the commission’s mandate or the capacity in terms of numbers to investigate such a complex matter that involves so many institutions,” said commission member Ahmed Abdul Kareem.
“If HRCM gets involved in this inquiry, then we will not be able to investigate day-to-day cases,” he added.
He also said the best solution was for an impartial state inquiry with the representation of the Majlis and courts.
HRCM is currently investigating former President Mohamed Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed. The former President, along with former Home Minister Hassan Afeef and Defence Minister Tholath Ibrahim, were last week summoned for questioning by the commission.
In response Gafoor said, “If the HRCM does not understand a coup to be an infringement of an entire public’s human rights, they are not extending themselves at all.”
Police Integrity Commission
President of the Police Integrity Commission (PIC) Shahindha Ismail said the commission would only be investigating the legality of police actions before and after February 7.
“Although the question of a coup has been raised, the PIC does not have the mandate to investigate such a claim. We are investigating police actions before and after February 7—whether they were lawful or unlawful,” she said. The PIC can only address the question of police mutiny once investigations are complete, she added.
Further, the PIC can only investigate the police role, but not that of the military. “There is no oversight body of the military except for the parliament,” she said.
Police Commissioner Abdulla Riyaz previously told local media the police would not be conducting an internal investigation of police conduct during transfer of power, citing concern of investigation “overlap” on the issue between the HRCM and the PIC.
Prosecutor General’s Office
Deputy PG Hussein Shameem said the Prosecutor General was not an investigative body, but could order an investigation if an investigation is not taking place.
“We have not ordered an investigation because we have been informed such an investigation is ongoing,” Shameem said referring to the CNI’s work.
Article 223 (d) of the constitution gives the PG the authority to oversee the legality of preliminary inquiries and investigations into alleged criminal activity. However, with the CNI stating it will not conduct a criminal investigation, the PG office’s role in the CNI inquiry is now unclear.
Maldives Media Council
Minivan News asked the Maldives Media Council (MMC) whether it was investigating the police and military takeover of the Maldives National Broadcasting Corporation (MNBC) on February 7. Video footage shows some kind of firearm or explosive being used to enter the courtyard, and MNBC staff alleged the police and military intimidated them, and forced some journalists to go home before rebranding the station to its former title under Maumoon Abdul Gayoom.
The 15 member MMC is mandated by law to establish and preserve the freedom of media.
MMC President Mohamed Nazeef said the council was not an investigative body, and was waiting on other institutions to complete investigations.
“We are waiting since other institutions, such as the HRCM are investigating this matter. We do not want an overlap. We are not an investigative body and we cannot conduct an in-depth criminal investigation. We can only recommend matters of concern to the police. But if no one is investigating the issue, we will address it,” he said.
“MNBC was state media, controlled and protected by the government. Our concern and focus was more on the media personnel and private independent media organisations,” Nazeef added.
The Anti-Corruption Commission
The Anti-corruption Commission (ACC) said that although the MDP alleged elements of the police and the Maldives National Defense Forces (MNDF) were bribed to revolt against Nasheed, the commission could not investigate the entire military and police force.
“There are allegations that the police and military took bribes during the transfer of power. But there are approximately 5000 police officers. We cannot investigate the entire police force. We would need to conduct a forensic investigation, check their bank accounts and the bank accounts of relatives. But no one, even on a podium, has said with certainty the individual who took bribes. They say all police officers took bribes. I would like whoever is accusing the police to give us more details,” ACC President Hassan Luthfee said.
He also said there had only been two cases submitted regarding the transfer of power. One of them concerned a complaint that MDP demonstrators who laid money at police feet were actually bribing the police. The MDP were protesting against alleged police bribery.
The CNI
The CNI has now asked for witness statements and asked the public to upload statements and videos on their website if witnesses were uncomfortable giving statements in person.
The CNI has collected statements from all political parties except the MDP. But the MDP has refused to cooperate with the committee.
“We do not recognise the CNI. How can the people who instigated a coup investigate the coup? There is no validity in the process. How can we give any weight to it?” Gafoor told Minivan News.
The MDP has raised concerns over the committee’s composition. The CNI is chaired by former President Maumoon Abdul Gayoom’s Defence Minister Ismail Shafeeu. The MDP has also called for strong international presence on the commission.
The EU, Commonwealth, India, UK and the US have called for an impartial investigation.
Dr Waheed Hassan told local television station Villa TV (VTV) he would resign and reinstate ousted President Nasheed if the CNI established the February 7 transfer of power to be illegitimate.
The former Home Minister Hassan Afeef was yesterday summoned to the Human Rights Commission of the Maldives (HRCM) to the police for questioning over the arrest of Criminal Court Chief Judge Abdulla Mohamed.
Speaking to the press outside the police headquarters, Afeef said he had no role in the arrest of Abdulla and that he had only requested the military to arrest him after police had asked him to make the request.
Afeef said it was the police that informed the Home Ministry that there were issues concerning the national security of the Maldives if Abdulla was to remain at large.
He said that in a letter he sent to the Defence Ministry on behalf of the Home Ministry, issues concerning the national security of the country were outlined very clearly.
He declined to provide details on the arrest of Abdulla because they concerned the national security of the country, he said.
When Minivan News contacted Afeef for a comment he said what he told last night outside the police headquarters was all he could say regarding the issue.
A police spokesperson today told Minivan News that police asked Hassan Afeef to come to the police headquarters at 9:30pm last night.
‘’He came on time and we questioned him about the arrest of Judge Abdulla Mohamed,’’ he said. ‘’He answered all the questions very well.’’
Yesterday afternoon Afeef was summoned to HRCM for questioning over the arrest of Judge Abdulla.
Afeef met the press outside the HRCM and said the commission faced him a lot of questions and that he answered all the questions fully and declined to provide details of the questions.
Recently Former government’s Defence Minister Tholhath Ibrahim and former President Mohamed Nasheed were summoned to the HRCM.
Tholhath was also summoned to the police headquarters, however, he used the right to remain silent.
Judge Abdulla Mohamed was arrested by the Defence Force in compliance with a police request.
However, the protests sparked in Male’ following the arrest and lasted until the resignation of the former president.
The opposition-led protests in the run up to Nasheed’s resignation initial called for the release of the Criminal Court Judge.
The first complaints against Abdulla Mohamed were filed in July 2005 by then Attorney General Dr Hassan Saeed, and included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused.
The Judicial Services Commission (JSC), the judicial watchdog, eventually formed a complaints committee to investigate the cases against Judge Abdulla in December 2009, which met 44 times but had failed to present a single report as of March 2011.
The JSC eventually concluded an investigation into politically-contentious comments made by Judge Abdulla Mohamed on DhiTV, but the report was never released after the judge sought a Civil Court injunction against his further investigation in September 2011.
Then-Home Minister Hassan Afeef subsequently accused the judge of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.
Afeef accused the judge of “deliberately” holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.
The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.
Then Vice President of the Maldives Dr Mohamed Waheed Hassan opposed the judge’s detention, stating on his blog that “I am ashamed and totally devastated by the fact that this is happening in a government in which I am the elected Vice President.”
Nasheed’s government requested assistance from the international community to reform the judiciary. Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, then Foreign Minister Ahmed Naseem said the commission’s shortcoming are “now an issue of national security.”
The Human Rights Commission of the Maldives (HRCM) has summoned former Defence Minister Tholhath Ibrahim for questioning over the arrest of Chief Judge of the Criminal Court Abdulla Mohamed.
Speaking to the media yesterday, Tholath said he told the commission that the information about the arrest of the judge could not be revealed to HRCM as the matter concerned national security.
Tholhath told Minivan News that he had informed the commission that he would only answer questions related to human rights violations.
Tholhath was accompanied to the commission by lawyer Nooruban Fahmy, the sister of MDP Deputy Leader and MP Alhan Fahmy.
President of HRCM, Mariyam Azra, recently told Minivan News that the commission was hoping to conclude the investigation before next month.
On March 4, Police summoned Tholhath for questioning over former President Mohamed Nasheed’s arrest of Abdulla Mohamed.
Criminal Court Chief Judge Abdulla Mohamed was arrested by the Maldives National Defence Force (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 acknowledged receipt but did not comply with Supreme Court orders to release the judge.
Opposition political parties held a series of protests which culminated on the morning of February 7 with police joining opposition demonstrators in an assault on the MNDF’s headquarters, and the resignation of Nasheed – allegedly under duress – and the handover of the presidency to Vice President Dr Mohamed Waheed Hassan.
Last week, Former President Mohamed Nasheed was also summoned before HRCM, in connection to his role in the controversial detention of Criminal Court Chief Judge Abdulla Mohamed earlier this year.
The former president attributed the initial arrest call to his Defence Ministry, on the grounds of “protecting” national security relating to alleged ethical concerns about the judge.
On the day Nasheed resigned, Judge Abdulla was brought Male’ and released from his detention.
The first complaints against Abdulla Mohamed filed in July 2005 by then Attorney General Dr Hassan Saeed included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused.
The Judicial Services Commission (JSC), the judicial watchdog, eventually formed a complaints committee to investigate the cases against Judge Abdulla in December 2009, which met 44 times but had failed to present a single report as of March 2011.
The JSC eventually concluded an investigation into politically-contentious comments made by Judge Abdulla Mohamed on DhiTV, but the report was never released after the judge sought a Civil Court injunction against his further investigation in September 2011.
Then-Home Minister Hassan Afeef subsequently accused the judge of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.
Afeef accused the judge of “deliberately” holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.
The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.
Then Vice President of the Maldives Dr Mohamed Waheed Hassan opposed the judge’s detention, stating on his blog that “I am ashamed and totally devastated by the fact that this is happening in a government in which I am the elected Vice President.”
Nasheed’s government requested assistance from the international community to reform the judiciary. Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, then Foreign Minister Ahmed Naseem said the commission’s shortcoming are “now an issue of national security.”
Mohamed Nasheed has become the first Maldivian president to be summoned before the Human Rights Commission of the Maldives (HRCM), in connection to his role in the controversial detention of Criminal Court Chief Judge Abdulla Mohamed earlier this year.
Nasheed had been requested to attend a HRCM hearing filed to try and understand who was responsible for taking the decision to arrest the judge. The former president attributed the initial arrest call to his Defence Ministry, on the grounds of “protecting” national security relating to alleged ethical concerns about the judge.
Today’s summons of the former president is said to be the first of three cases filed at the HRCM involving himself. These cases all relate to potential human rights abuses allegedly carried out both by and against Nasheed during the lead up and aftermath of a controversial transfer of power that saw President Mohamed Waheed Hassan installed as his successor.
The former president has since alleged that his resignation from the presidency was performed under duress.
Nasheed’s arrival today was heralded by a few hundred supporters who gathered around the HRCM building carrying banners alleging abuse at the hands of police earlier this week. Many of those gathered waited for the former president to deliver his account to the commission. Riot police arrived briefly at the area outside the commission, but the crowd later dispersed without confrontation.
The arrest of Judge Abdulla Mohamed itself occurred on January 16 in relation to a police request. The judges whereabouts were not revealed until January 18 however, leading to international condemnation of Nasheed as well as domestic criticism reflected in ongoing protests over several weeks that observers later suggested were partly linked to his eventual downfall on February 7.
HRCM spokesperson Jeehan Mahmoud told Minivan News that while additional cases relating to the former president would be focused on alleged human rights abuses against him after the build up and transfer of power, today’s hearing related to specifically identifying the party who placed the order to arrest the judge.
Jeehan added that the HRCM had previously unsuccessfully attempted to summon former defence and home minsters, as well as senior police officials who had served under Nasheed during the time the arrest decision was taken. However, today’s move was taken to request that the former president explain what had occurred himself.
“If these ministers and [police] representatives would have attended [the HRCM hearings], I think thing would have been a lot clearer,” she said. “We wanted to collect more responses on this as it hasn’t been clear where the order [to arrest the judge] had came from.”
Possible outcome
The commission spokesperson said that the group had not yet decided on what methods it would look to take to readdress any potential abuses of the judge’s human rights. Therefore she said it was too early to say whether this could include filing a case against any of the decison makers involved at the Prosecutor General’s Office.
Malé MP Imthiyaz Fahmy, who formed part of nasheed’s legal team today, told Minivan News that the former president gave testimony alleging that the decision to arrest the judge was related to a number of possible misdemeanour’s that had been attributed to him dating back several years.
In November, the national court watchdog, the Judicial Service Commission (JSC), was ordered to cease an investigation into Judge Abdulla Mohamed by the civil Court under an action he himself instigated.
Amidst developments such as these, Fahmy claimed that Nasheed used his testimony to claim that he had been informed by the Home Ministry that the judge had allegedly posed a “national threat” – prompting his eventual detention.
The MDP MP added that Nasheed then claimed that the Home Ministry had communicated with the Defence Ministry on the situation, which in turn led to the decision to arrest the judge after bodies like the Judicial Service Commission has raised alleged concerns over his ethical conduct.
“I was told Abdulla Mohamed would not comply with the police’s summons to investigate allegations [against him],” Nasheed later stated at a press conference following the meeting with the HRCM.
“The Home Minister wrote to the Defense Minister that Abdulla Mohamed’s presence in the courts was a threat to national security. And to take necessary steps. And that step, the isolation of Abdulla Mohamed, was what the [Defense] Ministry deemed necessary.”
Nasheed claimed additionally that he had sent representatives to Girifushi to check on Judge Abdulla Mohamed’s well-being during his detention, alongside allowing the HRCM to visit the judge.
Fahmy alleged that it was ironic that Nasheed, a leader he said who had openly discouraged the use of torture and actively campaigned against human rights abuses, had become the country’s first former leader to have been called in front of the HRCM.
However, HRCM spokesperson Jeehan said that Nasheed would be called back for two additional cases – expected to be sat at the same time – that would look into alleged abuses of human rights against the former president. The first case would be focused on the events of February 6 and February 7 this year, the two dates surrounding Nasheed’s “resignation” from office, a decision later claimed to have been part of a “coup d’etat” against him.
The third and final case would then concern any claims of human rights abuses against Mohamed Nasheed by police on February 8, the day after he tendered his presidency ended.
The Human Rights Commission of the Maldives (HRCM) has said the commission will conclude its investigation into the arrest of Criminal Court Chief Judge Abdulla Mohamed before the end of the month, and forward the findings to the Prosecutor General.
HRCM Member Ahmed Abdul Kareem told the press that the case took so long because some of the people involved “did not cooperate with the commission.”
Kareem told the press that all the statements would be finished by the end of next week, and that before the end of this month the case will be sent to the Prosecutor General (PG).
President of HRCM, Mariyam Azra, today told Minivan News that the commission was hoping to conclude the investigation before next month.
She said she could not confirm whether all the persons involved in the case were cooperating or not.
”Its a different team investigating the case and Ahmed Abdul Kareem is the only commission member in the investigating team,” she added.
Meanwhile, Police Sub-Inspector Ahmed Shiyam told Minivan News that police investigation in to the case was ongoing as well.
‘’We are still investigating the case and will send the case as soon as the investigation is concluded,’’ Shiyam said.
He also said former President Mohamed Nasheed “has not cooperated with the police.”
Local media Sun Online reported that police have decided to close the case and send the case to the Prosecutor General without including any statement from Nasheed because he had not cooperated with police.
Nasheed had been given the opportunity to give a statement to police at any time he wished, but he had not used the opportunity, Sun reported.
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, and the MNDF has 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 MNDF’s role in the arrest as unlawful, and requesting that the judge be released.
PG Muizz ordered an investigation by HRCM, and said it would evaluate the situation following the commission’s findings.
The first complaints filed against Chief Judge of the Criminal Court Abdulla Mohamed in July 2005 included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused. The complaints were first made by then Attorney General, Dr Hassan Saeed, now President Dr Mohamed Waheed Hassan’s political advisor.
Six years of similar complaints later, the judicial crisis leading to President Nasheed’s downfall was triggered after Abdulla Mohamed filed a case in the Civil Court granting him an injunction halting his further investigation by the Judicial Services Commission.
This was following by a High Court ruling against his police summons on January 16, prompting police to request the Maldives National Defence Force (MNDF) take the judge into custody.
Then Home Minister Hassan Afeef subsequently accused the judge of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.
Afeef accused the judge of “deliberately” holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.
The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.
At the time Vice President of the Maldives, Dr Waheed opposed the judge’s detention, stating on his blog that “I am ashamed and totally devastated by the fact that this is happening in a government in which I am the elected Vice President.”
Nasheed’s government then requested assistance from the international community to reform the judiciary. Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Foreign Minister Ahmed Naseem said at the time that the JSC’s shortcoming are “now an issue of national security.”
“We have been working to improve the judiciary since we came to power, but we have not succeeded,” said Naseem. “We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” he explained.
On February 7 Nasheed resigned “under duress”, after police joined opposition protesters in assaulting the main military base in Republic Square, vandalising the MDP headquarters, and taking over the state broadcaster.
A subsequent police crackdown on protesters on February 8, including women and the elderly, hospitalised many and triggered a surge of public and MDP-led animosity against the police and the new government.
A protest against the arrest of Addu Atoll MP Mohamed ‘Mode’ Rasheed morphed into a face-off between civilians and police forces, who were mocked as the corrupt servants of Maamingili MP and opposition Jumhoree Party (JP) leader Gasim Ibrahim and taunted by several hundred young men between Parliament and Sosun Magu on Sunday night.
“We are protesting this bad government, with these police, they hit head and they hit cock, ask them! They are coming drunk! We are saying this is not our police,” said one elderly man at the protest.
Another man jested, “You can buy one! Ten rufiya, one policeman!” as protesters chanted, “Lari Lari! Yes sir!” and “Villa police!”, a reference to Gasim’s lucrative Villa Hotels chain.
In a creative turn of events the young, mostly male gathering of “not MDP [Maldivian Democratic Party], just civilians” threw coins and cash, including valuable US dollars, at the approximately 10 police who had formed a human blockade with riot shields after pushing protesters away from parliament at around 8:30pm.
Dancing and chanting, the crowd asked people to make contributions while encouraging foreign media to take pictures of their antics. The police refused the bait for approximately 20 minutes before charging the crowd and pushing them towards busy Sosun Magu as civilians watched from nearby cafes and homes.
The baiting continued with protesters alternately insulting and running from the police until approximately 1:00am, when protesters were dispersed throughout Male.
Police officials report no arrests were made, however one officer in basic uniform was struck in the face with a stone outside of the MDP office while riding his bike on Sosun Magu at approximately 11:30pm. He is being treated at ADK hospital, police report.
It appears injuries were also sustained by demonstrators. One eyewitness reports crossing paths with a man near Parliament after 1:00am whose eyes were red and who was holding his head in pain. He claims he was walking along the street when police stopped and pepper sprayed him.
Police Sub-Inspector Ahmed Shiyam said the protesters’ implications of corruption and abuse were baseless: “As you know if there are any allegations there’s the Police Integrity Commission, if there are any concerns of human rights violations there is the Human Rights Commission. We are sure there is nothing like that happening here at the moment,” he said.
A police officer who spoke on condition of anonymity said, “not all police officers have taken money. Now everybody is being labelled. Those who are innocent should be cleared by holding those responsible accountable for their actions.”
Cloud of Doubt
Police are currently under scrutiny across the country. On Tuesday, February 7 a rogue faction assisted with the takeover of Maldives National Broadcasting Corporation (MNBC) and attacked an office of Maldives National Defense Force (MNDF) on Male’. At 1:00pm that day, former president Mohamed Nasheed resigned under conditions he later described as a “coup d’état.”
Since Tuesday, reports of police and military brutality against civilians and politicians who support Nasheed’s party (MDP) have spread from the Maldives’ southernmost atolls up to Male.
Following riots which left all police facilities, court houses and the prosecutor general’s office in ashes last Wednesday, Addu citizens report that police and military forces have teamed up with supporters of opposition Dhivehi Rayyithunge Party (DRP) and Progressive Party of Maldives (PPM) in a witch hunt for MDP supporters. Opposition members claim the police have merely asked the public to assist in the arrest of those responsible for Wednesday night’s destruction, while police in Addu flatly deny any wrongdoing.
In a previous article Minivan News spoke with citizens on Addu who claim to have been beaten after police facilities were destroyed on Wednesday night; several said members of their family remain in detention without charges.
While public and police accounts fail to match up, one rumor could hold water: “Some police uniforms, shield and batons were stolen during the fires, and we’ve received reports that people who the community confirms are not policemen are going around in those outfits,” said Superintendent Yoosuf Sobah of Addu City Police, suggesting that any beatings may only appear to be done by police. Some Addu City citizens confirmed the report.
Sobah added that misinformation bolstered Wednesday’s riots. “Raajje TV reported that two MDP members had been killed in Male’, and that triggered a huge sentiment within the demonstrators,” he said.
“A clear attack on the justice system”
While Sobah recognises the emotional factor of Wednesday’s fires, he said the destruction of all police and court house documents related to ongoing cases, which were not backed up in a central database, made it “clear that this was an attack on the justice system.”
Explaining the logistics of the Wednesday night’s operation, Sobah said Addu’s roughly 70 officers, spread over four islands, had been outnumbered by the hundreds who turned out after reports of a brutal police crackdown on a MDP march in Male’ reached the islands.
Sobah added that police are currently hamstrung in their posts. “We don’t have computers, records, facilities, so processing paperwork has been difficult.”
While paperwork is a challenge, police appear undeterred in making arrests. However, the lack of infrastructure raises the question of how evidence is being collected.
Some citizens who claimed to have been beaten and detained said they were told they would be taken again if evidence against them was found on CCTV. Sobah stated that there are no CCTV records, and explained that evidence against those who have been arrested since Wednesday is taken from “mobile phone videos, eyewitness accounts, and the people who we know were causing the violence.”
Three Addu City councilors and one MP have been arrested. When asked how the evidence against those individuals was acquired, Sobah did not provide specifics, stating only that all 80 arrests in Addu have been evidence based, and made with only the minimum force necessary.
“Some people we’ve arrested are hardened criminals, many are under sentence and in rehabilitation programs. Those have given us a lot of resistance. But many are cooperating, coming in, giving their accounts. We are releasing those without evidence,” he added.
Meanwhile, Al Jazeera has released a report with footage of the 74 individuals who are still in detention in Gan’s semi-destroyed police station. The report shows the bruised legs of men who claim they’ve been tortured; several individuals interviewed by Minivan News reported being forced to kneel on the ground, which was coated in broken glass and debris, and being doused in petrol and threatened with burning.
Sobah and Superintendent Abdulla Navaz, Head of Investigations in Serious and Organised Crime Department in Male, both said, “We have invited the Human Rights Commission of Maldives (HRCM) and the Police Integrity Commission (PIC) to come and see what we are doing. If they believe we have mistreated people, then they will take the necessary action.”
Sobah added that he hopes to find an alternative detention center, or perhaps to release detainees to house arrest in the coming days.
Testy police, tense public
The attack has created a sharp divide between the people and the police. Many are cautious about driving into Gan, where individuals are asked to provide identification at a military checkpoint. One young man was nervous when he realised he was carrying MDP registration papers in his motorbike.
While the public is nervous, the police are frustrated. Without clothes, computers or beds, but still on-duty, police on Gan report spending the first few nights on the causeway outside the burned station.
“It’s a very emotional time,” Sobah said. “A bunch of guys aren’t from Addu, and all they had here, their memories, are gone.”
Minivan News asked if the personal damage was fueling revenge attacks. “I understand this is an emotional time, but we’ve instructed them very carefully to prosecute people within the law. They’re trained police officers,” Sobah claimed.
Superintendent Navaz later suggested that the situation in Male’ has exhausted and destablised security forces. “Since January 16 we have been engaged in so many protests. At the time we couldn’t think of anything else except suppress, tackle and neutralise the protests. We are hopeful everything will be better. I can’t say it will be normal in any period of time, but it will happen with the passage of time. Now, we are getting different news, we don’t know what will happen any day. We should be ready for anything.”
Policing north to south
“For police, I think this is just as big as the tsunami.”
Noting that the council and police had joint plans to “bring policing in Addu up to Male’ levels,” he observed “this has set us back to 2004, not just Addu police but the whole police service.”
Meanwhile, the Male’ standard itself is on faltering, according to both police and public.
Police Commissioner Abdulla Riyaz yesterday stated that, “The police face big political challenges. In the face of those challenges it is very important that we regain the public’s confidence.”
Riyaz, whose appointment last week has been questioned as the law requires the police commissioner to come from a senior rank in the force, rather than a civilian – Riyaz was previously dismissed by Nasheed’s government – assured the police he would never issue an unlawful or illegal order.
Although policemen are instructed not to speak to the media, one spoke to Minivan News on condition of anonymity. “The public no longer trusts the police institution. We are receiving verbal attacks on the street and during protests,” he confided.
Sub-Inspector Shiyam denied receiving complaints from the public, and said the police forces are only being harassed at MDP gatherings.
While police are struggling to maintain unity and save face, they continue to deny the allegations of mistreatment which are piling up against them.
A report by MDP’s Parliamentary Group today provided pictures and statistics regarding attacks on MPs since February 7. According to the report, two MPs have been hospitalised due to beatings by police while Mariya Didi was twice targeted and beaten around her eyes. A total of 10 MPs are listed and photographed in the report.
Former Defense Minister Ahmed Faisal yesterday compared the Maldives’ current trajectory to Pakistan and Fiji. “I very much have the fear that the Maldives will turn into another Pakistan. Money has been paid to the police. The public has lost their trust and faith in the very people who are meant to protect them. How can they trust anyone, if with money they can make the police do this.”
A mother in Addu tells Minivan News how her sons were taken by police
Transcript:
The [children] came outside after having lunch and were playing here. My sister Aminath’s kid and a kid from a southern island was there too. While they were playing, the police barged in from that side [pointing to a direction behind her] and I don’t know exactly how many of them there were. I think there must be three to four hundred. I came out running when the police had entered our house and I said. ‘what happened. What happened. None of the kids here have gone out anywhere [during the protests]’.
Then someone grabbed the collar of one boy’s shirt and dragged him along with the other three boys out of the house and threw all of them into the police jeep.
I didn’t know what was happening to me and I have never seen such a thing in my life. I ran after them calling not to take them away. There were a lot of people. I ran after the police jeep when it took off. While I was chasing the jeep, someone stopped me and asked what happened. I said they have taken my boys.
I haven’t heard from the boys after they were taken into custody. The first day we kept calling [the police station] but they were not answering our calls. We kept repeatedly calling and they answered the call finally and I told them that we want to meet our kids. They replied that we can’t meet the boys today but we can on the next day.
We called them the following day and they were again not responding to our calls. But later they answered and said that now we cant meet the boys.
That night they [police] called us and told us to bring in some clothing for the boys, and look, they didn’t even give them clothing while they were arrested up until that night [woman starts crying].
Last night I couldn’t even sleep. Three out of the four boys were not wearing shirts when the police took them and they grabbed the collar of the one who was wearing a shirt.
I went to Gan [a ward of Addu city] on the bus to meet the police there and told them that I want to meet the boys. They simply handed me a form to fill in.
I haven’t seen police patrolling around here much after the arrest.
[Lady sitting in the joalifathi] I have seen them. When I went out to the shop there were police patrolling.
I hear from different people that the police were beating my boys to death. People who were released after the arrest say that the police had beaten them up. Even yesterday I met someone who was released and he said the names of the boys and said that the police were beating them.
Their ages were, the eldest was 27, two of them were 23 and the youngest was 21.
The opposition supporters must have directed the police to our house, otherwise why would they barge in like that . they came this way [pointing to her right]. Had they came from that way [pointing left] the boys would have been able to see them but they came the other way round.
[Man speaking] the boys don’t even live here, they come here on vacation and they all work in Male’. They work in government offices and resorts and yesterday they were supposed to leave back to work but now all of that is gone.
[When asked who were more dangerous, the police or the military or the opposition supporters]: from what we see everyone is equal and dangerous.
Mariyam Manike: If our kids are taken to custody, we have to know why they are being taken and the boys don’t even roam around the streets and they all stay at home.
Hassan Manik: the opposition supporters have some kind of a list which they think includes the people that has to be arrested [nasheed supporters] and they tell the police about the list and the police come to the houses of the people that were on the list and look for them.
Mariyam Manike: The whole street was flooded with people.
Hassan Manik: I was not even home. I was away on fishing.
Mariyam Manike: I have never seen such a thing ever in my life and even when I try to sleep or try to close my eyes, I see the same events again and again and I have not been able to sleep. [starts crying]
We don’t mind giving our names to the press, infact you should write down our names. Our kids were taken to custody without any charges and they didn’t do anything at all.
A camera cable of state broadcaster Maldives National Broadcasting Corporation (MNBC) was cut off during a live telecast this afternoon of parliament’s Independent Institutions Committee’s questioning of members of the Human Rights Commission of Maldives (HRCM).
The severed cable briefly interrupted MNBC’s live coverage and brought the meeting to a halt with vociferous objections from ruling party MPs.
When the meeting resumed, MPs of the ruling Maldivian Democratic Party (MDP) alleged that the cable was severed by Progressive Party of Maldives (PPM) MP Ilham Ahmed.
The opposition MP for Gemanafushi was not responding at time of press.
MNBC One meanwhile reported that its journalists at parliament witnessed Ilham cut off the cable while other media outlets have reported that the MP was heard asking a DhiTV cameraman to identify the MNBC cables.
Following the incident, Independent MP Mohamed ‘Kutti’ Nasheed, chair of the committee, apologised to HRCM members for the disruption and explained that as Speaker Abdulla Shahid was at a Judicial Service Commission (JSC) meeting at the time, he had asked the military officers in charge of parliament security to “freeze CCTV footage of the whole premise for the past hour.”
Nasheed added that he had “formally lodged a complaint” with the senior administrative staff for an investigation into the incident.
However MDP MP Ali Waheed interjected that according to security personnel “all the cameras at the area where the cable was were not functioning.”
Cameras at the corridor and near the stairs leading up to the committee room were turned off, Waheed claimed.
Waheed alleged that PPM MPs Ilham and Abdul Muhsin Hameed were responsible, noting that the DhiTV reporter confirmed that the opposition MPs inquired after the MNBC cable.
MDP MP Hamid Abdul Gafoor proposed adjourning the committee meeting until the matter could be investigated and “the security situation here can be updated.”
Nasheed concurred that the meeting could not be continued in light of the “seriousness of the problems we faced today” and concluded the session.
The MDP parliamentary group has meanwhile filed the case with police this evening.
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