Tag: HRCM

Journalists facing danger, says human rights watchdog

Journalists in the Maldives face many challenges, dangers, and loss of freedom due to their role or expression of views, the state human rights watchdog has said.

The Human Rights Commission of Maldives (HRCM) observed that the Maldives fell four ranks in the Reporters Without Borders’ press freedom index for 2015 to 112th place.

“The commission has previously noted that Maldivian journalists face death threats and intimidation and that the Maldivian state has to work to establish an environment where journalists can operate freely,” the commission said in a statement issued today on the occasion of World Press Freedom Day.

Journalists should be able to report information on issues of concern “truthfully, sincerely, and without fear”.

The commission urged the media to act responsibly and respect basic rights and societal norms in providing information.

Journalists should take special care when reporting on issues involving persons with special needs, children, and vulnerable groups, the commission advised.

The commission called on all state institutions to ensure a safe environment for reporting and provide information with ease.

In a tweet with the World Press Day hashtag, Vice president Dr Mohamed Jameel meanwhile said today that “we must applaud the role of journalists & free press in establishing a fair democratic society.”

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Inter-generational violence and state negligence led to Ibthihaal murder, says police

Inter-generational violence and state negligence led to the abuse and death of three-year-old Mohamed Ibthihaal in January, police have said.

Chief Inspector Abdulla Satheeh said negligence by government authorities and the island community on Vaavu Rakeedhoo was partly responsible for the toddler’s murder.

“Investigating the death is not enough, wide investigation into circumstances surrounding his death is also important,” Satheeh told the press on Thursday.

Ibthihaal’s body was found with signs of severe abuse on January 28 in the worst case of child abuse in recent years. The murder shocked the nation while reports that officials had been aware of Ibthihaal’s abuse sparked public outrage.

The boy’s mother, Fathmath Afiya, was arrested for murder two days later and has since been held in remand detention.

Afiya’s stepfather, Ismail Raoof, was arrested on April 1 on suspicion of physically and sexually abusing Ibthihaal.

Satheeh said marks on the child’s neck indicated that he had been strangled.

Police also found swelling on the right side of his forehead, scrapes on his face, wounds on his right ear and scars all over his body. Some of his ribs were broken as well.

Satheeh said Ibthihaal’s death was caused by “major injuries” while some older scars remained unhealed.

“Mohamed Ibthihal had received physical and psychological harm from different individuals on different occasions, for a long period of time,” he said.

Police explained that Ibthihaal had been under the care of his maternal grandmother from the age of one and lived with her in Vaavu Keyodhoo and Meemu Madduvari.

Afiya’s stepfather is suspected of having abused Ibthihaal at the time.

Seven months before his death, Ibthihaal was brought back to Rakeedhoo to live with his mother, where his psychological and physical abuse continued.

Afiya had two other children at the time and is accused of mistreating Ibthihaal, neglecting to feed or wash the boy.

Satheeh said Afiya’s husband, Ibthihaal’s step father, took care of the boy.

On the day before his death, Afiya had not fed Ibthihaal after giving the boy a glass of juice. His stepfather fed him after coming home that night, Satheeh said.

Police suggested that Afiya’s anger towards her son stemmed from rumours surrounding his birth. Ibthihaal was reportedly born out of wedlock.

During her interrogation, Afiya confessed to severely beating Ibthihaal after waking up in the morning “because of the anger she had towards him”.

Afiya said she called for help when she saw no movement from the child.

Local media has reported that Afiya was also a victim of sexual abuse.

Afiya’s stepfather, Raoof, had previously been banished by the Vaavu Keyodhoo court after being found guilty of abusing a step-child. Afiya was reportedly the victim of the abuse.

Negligence

In its submission to the UN’s Universal Periodic Review, the human rights watchdog said children born out of wedlock face discrimination in the Maldives.

Illegitimate children were denied their father’s name, inheritance and child maintenance, the Human Rights Commission of the Maldives said.

The commission noted that the absence of requisite procedures, inconsistencies in institutional applications and lack of sensitivity among law enforcement and judiciary towards domestic violence are fundamental issues faced in implementation of Domestic Violence Act.

Limited capacity of investigators and their belief that such cases are family matters inhibit victims from getting redress.

“Reporting of domestic violence cases remain low as a result of lack of confidence in the system, fear of intimidation by perpetrators, stigmatisation and inadequate information on protection measures,” the commission stated.

“Violence against children takes place in all settings. Only a small proportion of reported child abuse victims gets justice and remains re‐victimised due to systemic failures.”

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Adhaalath party complains of double standards on protests

The religious conservative Adhaalath party has formally complained to the Human Rights Commission about what it says are double standards in how the Elections Commission handles political party protests.

Adhaalath’s letter notes that the Elections Commission last week fined the both the main opposition Maldivian Democratic Party (MDP) and the Adhaalath party for breaking political party rules and allegedly inciting violence.

However, the Adhaalath party said that at protests of the ruling Progressive Party of Maldives (PPM), “Young men have been present with their faces covered, holding pipes and sticks.”

Despite these circumstances, police and the Elections Commission did not take any action against the PPM, the letter said.

The Adhaalath Party asked the Human Rights Commission to investigate discrimination between parties, and what they said was obstruction of the freedom of expression by the Elections Commission.

Police have also previously written to the Adhaalath party, saying they received complaints from the public about protests held jointly by the Adhaalath and MDP.

Police said the protests were violating the human rights of other citizens, and asked the Adhaalath to hold protests without being too loud or disrupting the peace and order of Male’ city.

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Maldives human rights watchdog under siege

The Human Rights Commission of the Maldives (HRCM) has slammed the judiciary for compromising its independence, describing the Supreme Court’s suo moto proceedings over a submission to the UN Human Rights Council as the biggest challenge the watchdog has faced in its 11-year history.

In its 2014 annual report, the independent commission noted the Supreme Court and the Juvenile Court accused the HRCM of making false allegations in the Universal Periodic Review and a confidential report into a 15-year-old rape victim’s flogging sentence.

The Supreme Court and Juvenile Court’s charges affected the commission’s independence and ability to carry out its mandate, the report said.

The controversial suo moto regulations allow the Supreme Court to initiate proceedings, prosecute and pass judgment. The first case of its kind, in March 2014, saw the apex court sack the Elections Commission’s President and Vice President for contempt of court.

Jumhooree Party (JP) MP Ali Hussein said the judiciary’s “harassment of HRCM” was an indication of the “extraordinary levels of judicial activism in the country.”

“The judiciary is acting outside its boundaries, it is annulling laws, making laws, dismissing members of the independent commissions. The judiciary needs to be restrained immediately. But there is no way to hold them accountable.”

Judges must be educated and sensitised to human rights, fundamental norms and best practices in a democratic society, he continued.

However, lamenting President Abdulla Yameen’s decision to appoint disgraced Supreme Court Judge Ali Hameed to the judicial watchdog Judicial Services Commission (JSC), Ali said judicial reform was only possible through a long hard people’s struggle.

Hameed was implicated in a series of sex tapes involving foreign women, but the police have closed the investigation citing non-cooperation from the judge, according to media reports. The JSC subsequently refused to take action against Hameed.

Meanwhile, parliamentary group leader of the ruling Progressive Party of the Maldives (PPM), Ahmed Nihan, said the People’s Majlis must play a key role in mediating the conflict between the HRCM and the judiciary to ensure the commission’s independence.

The majority leader described the dispute as “a teething trouble in a nascent democracy,” and said the HRCM must continue to exist as “a pillar of multi-party democracy.”

The opposition Maldivian Democratic Party (MDP) agreed the responsibility for ensuring HRCM’s independence rested with parliament, but said the PPM-dominated Majlis had no regard for the independence of the state’s watchdog bodies.

MDP MP Eva Abdulla also accused ruling party MPs of harassing human rights commissioners through the parliament.

The five members of the HRCM were summoned separately to the Majlis last week and questioned in a closed-door meeting regarding the commission’s statement condemning the Criminal Court’s 13-year sentence on former President Mohamed Nasheed.

The HRCM on March 14 expressed concern over apparent lack of due process in the opposition leader’s trial, and said the Criminal Court had failed to respond to a request to monitor court proceedings.

Eva also noted increasing threats against the HRCM, most recently that of a group of angry men on February 24 entered the commission’s officers and threatened to harm the five commissioners following a statement condemning the police’s mistreatment of Nasheed ahead of a hearing on February 23.

HRCM Vice President Ahmed Tholal meanwhile received threatening calls and messages after the police claimed he had called them “baagee” or traitor on February 22. The police have since withdrawn the claim.

The Supreme Court’s suo moto case is still pending “like a sword hanging over the HRCM,” Eva said.

The MP for Galholhu North also concurred with JP’s Ali Hussein, stating the judiciary should be held answerable through the JSC.

“We must end this judicial dictatorship. Within the People’s Majlis we must ensure the JSC fulfills its mandate. And above all, appoint qualified judges to the judiciary,” she said.

The HRCM in its report said the judiciary faced the most number of challenges in protecting human rights in 2014. The commission also expressed concern over the sudden dismissal of Chief Justice Ahmed Faiz and Justice Muthasim Adnan in December.

 

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Respect Criminal Court verdict, says President Yameen

President Abdulla Yameen has called on all parties to respect the Criminal Court’s verdict against former President Mohamed Nasheed.

In a statement released by the President’s Office last night, President Yameen noted that the opposition leader has “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

“The government calls on its international partners to engage constructively, based on mutual respect and dialogue in consolidating and strengthening democratic values and institutions in the country,” reads the brief statement.

“The government remains steadfast in ensuring the separation of powers as stipulated under the Maldivian constitution and upholding the rule of law in the country.”

In the wake of the Criminal Court sentencing the opposition leader to 13 years in jail on Friday night (March 13), the United States, United Kingdom and the European Union expressed concern with the lack of due process, while Amnesty International said Nasheed’s conviction “after a deeply flawed and politically motivated trial is a travesty of justice.”

Domestically, the Human Rights Commission of Maldives said the former president was denied fundamental rights that guarantee a fair trial in line with the Maldives’ obligations under the International Covenant on Civil and Political Rights (ICCPR).

Moreover, human rights NGO Maldivian Democracy Network urged the UN Special Rapporteur on the Independence of Judges to intervene in order to prevent a “slide back to autocracy,” whilst Transparency Maldives expressed “grave concern” and stressed that Nasheed was denied legal representation, the right to appeal, and sufficient time to mount a defence.

However, President’s Office Spokesperson Ibrahim Muaz Ali told Minivan News yesterday that he believed the Criminal Court “would have afforded due process in the conduct of Nasheed’s trial.”

“If you study this case, from the beginning to the end, it is clear the charges are not politically motivated,” Muaz insisted.

President Yameen as head of state could not “interfere in judicial proceedings and is not to blame for court proceedings,” he said.

Intervention

Commonwealth Secretary-General Kamalesh Sharma released a statement yesterday noting that the intergovernmental organisation would continue to closely follow the judicial process after the verdict.

The Commonwealth urged restraint and advised peaceful resolution of “differences of view” through dialogue.

“The Foreign Minister of Maldives, Hon Dunya Maumoon, has made recent public comments welcoming constructive and close dialogue with international organisations,” the statement read.

The Commonwealth assured its commitment to working with the Maldives to address issues of concern.

“All societies should have the space and opportunity for dialogue in order to ensure that universally shared values are advanced, and to create a stable and harmonious future,” the statement continued.

“All societies should also have national institutions that enjoy the confidence, trust and respect of the people they serve. The Commonwealth is committed to offering practical support in a collaborative partnership to achieve these goals in an enduring way.”

The Asian Centre for Human Rights (ACHR) has meanwhile called on the UN to hold an emergency session on the situation in the Maldives.

The ACHR “urged the members of the UN Security Council to take necessary measures to seize assets and freeze accounts of President of Maldives Mr Abdulla Yameen, Foreign Minister Dunya Maumoon, Prosecutor General Muhthaz Muhsin and the three judges overseeing Nasheed’s trial i.e. Abdulla Didi, Abdul Bari Yoousuf and Sujau Usman and other key officials of the regime, impose travel restrictions and trade embargo, and withhold financial assistance and technical cooperation to the Maldives until the release of Nasheed.”

“The trial is a travesty of justice – Judge [Abdulla Mohamed] who claims himself to have been illegally detained for which former President Nasheed was charged under terrorism charges still heads the Criminal Court trying Nasheed and effectively allowed his deputy, Judge Abdulla Didi, to convict Nasheed in a kangaroo trial. If the United Nations and international community fail to intervene now, democracy may never return to the Maldives,” said ACHR Director Suhas Chakma.

The Asian Forum for Human Rights and Development (Forum-Asia) also condemned the verdict and noted that Nasheed was “never investigated for the fresh charges of terrorism before trial.”

“The trial of Nasheed was riddled with numerous violations of basic human rights and fair trial standards, and his conviction must be condemned. This is a clear case of political persecution and therefore the verdict is not surprising, considering the manner in which the court has conducted the trial,” said Forum-Asia Executive Director Evelyn Balais-Serrano.

Related to this story

Democracy Network alerts UN Special Rapporteur on Independence of Judges on Nasheed’s sham trial

Former President Nasheed found guilty of terrorism, sentenced to 13 years in prison

“This is not a court of law. This is injustice,” Nasheed tells the Criminal Court

US, EU, and UK concerned over lack of due process in Nasheed trial

Nasheed trial “not free or fair,” says Maldivian Democracy Network

Former President Nasheed appears in court with arm in makeshift sling

 

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Democracy Network alerts Special Rapporteur on Independence of Judges on Nasheed’s sham trial

Human Rights group Maldivian Democracy Network (MDN) has urged the UN Special Rapporteur on the Independence of Judges and Lawyers to investigate the jailing of former President Mohamed Nasheed on terrorism charges.

The “independence of the judiciary has been lost,” MDN said in a letter to Gabriela Knaul, stating President Abdulla Yameen was using the judiciary as a tool to “oppress the opposition.”

“We fear that without timely intervention, the country will complete its slide back to autocracy. We strongly urge you to investigate the matter further and issue a public statement denouncing this flagrant abuse of rights being perpetuated through the Maldives’ judiciary,” the letter read.

MDN called upon the international community to take serious measures to prevent further human rights violations at the “helm of a corrupt judiciary.”

The former president was convicted of terrorism and sentenced to 13 years in prison last night (March 13) over the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

Nasheed’s administration detained Judge Abdulla after deeming him a national security threat. Then- Home Minister Hassan Afeef accused the judge of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

Delivering the guilty verdict last night, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed ordered the chief judge’s arrest or “forceful abduction.”

The NGO described the trial as a “political tool designed to disqualify him from contesting future elections and silence his voice of political opposition,” noting that the trial took place at an “uncharacteristically extreme speed.”

“The systematic procedural irregularities in the current proceedings demonstrate that the current charges against Nasheed are a continuation of the same campaign to disqualify him from political office and effectively silence his political dissent in the Maldives, using a corrupt and biased judicial system to realise this goal,” said MDN.

All four of Nasheed’s lawyers quit on March 9 in protest of the Criminal Court’s refusal to grant sufficient time to examine the prosecution’s evidence and mount a defence.

The presiding judges had denied the lawyers’ request for adequate time, stating the legal team has had the case documents for three years.

Meanwhile, the Human Rights Commission of the Maldives (HRCM) said today Nasheed “was denied fundamental rights which guarantee a fair trial by the constitution, and some rights granted by the International Covenant on Civil and Political Rights.”

HRCM noted that the Criminal Court denied requests made by the commission to observe trials.

Advocacy group Transparency Maldives (TM) also expressed “grave concern” on the guilty verdict, stressing Nasheed was denied legal representation, right to appeal and adequate time to build a defence against new terror charges.

TM also noted that the “serious issues of conflict of interest were prevalent in the case” with two of the three judges presiding over the case having provided statements during the investigation.

“These procedural irregularities raise serious questions about the fairness, transparency and independence of the judicial process followed and the provision of the accused’s inalienable right to a fair trial,” read a TM statement today.

TM called upon state actors to “uphold democratic principles and international conventions”, while urging the public and law enforcement agencies to “exercise restraint and calm in order to mitigate further deterioration of the security situation in the Maldives.”

Knaul had previously expressed concern over lack of due process in a 2012 trial in which Nasheed had been charged with “arbitrarily detaining” Judge Abdulla at the Hulhumalé Magistrate Court.

Knaul questioned the constitutionality of the magistrate court and the appointment of the three-judge panel, “which seems to have been set up in arbitrary manner, without following procedures set by law.”

“It is indeed difficult to understand why one former President is being tired for an act he took outside his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” wrote Knaul, in her report to the UN Human Rights council following her mission in Maldives in February 2013.

Prosecutor General Muhthaz Muhsin in February withdrew the lesser charges and re-prosecuted Nasheed on harsher terror charges.

The United States, United Kingdom and the European Union have expressed concern with the lack of due process, while Amnesty International said Nasheed’s sentencing “after a deeply flawed and politically motivated trial is a travesty of justice.”

Related to this story

Former President Nasheed found guilty of terrorism, sentenced to 13 years in prison

“This is not a court of law. This is injustice,” Nasheed tells the Criminal Court

US, EU, and UK concerned over lack of due process in Nasheed trial

Nasheed trial “not free or fair,” says Maldivian Democracy Network

Former President Nasheed appears in court with arm in makeshift sling

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Five minors brought under state care

The Human Rights Commission of the Maldives (HRCM) has brought five siblings under state care.

The five siblings, all minors from Gaaf Dhaal Atoll Nadella Island, were taken in to state custody after their mother failed to provide necessary care and protection, local media have reported.

“The Gender Ministry is also preparing to provide the much needed and necessary healthcare and counseling to the mother of the five children,” HRCM’s statement read.

Newspaper Haveeru said the children were aged between four and 14 years of age, and had been abused by their mother. They were only enrolled in school this year, the paper added.

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Government to submit gender equality bill to parliament

The government will submit legislation on gender equality during the ongoing first session of the People’s Majlis for 2015, Attorney General (AG) Mohamed Anil has said.

Speaking at a function held at the Islamic Centre yesterday to mark International Women’s Day, AG Anil – who also heads the Ministry of Law and Gender – said the bill would protect women’s rights, empower women socially and economically, and ensure equal rights.

Anil said the government has undertaken significant efforts to promote women’s rights and “eliminate obstacles” faced by Maldivian women.

“Of the total 926 members of the Ministry of Economic Development’s Sabah project, I note happily that 91 percent are female members,” he said.

He added that 60 percent of the Ministry of Fisheries and Agriculture’s commercial loan scheme would be earmarked for women and youth.

The government has also formulated and enacted rules for operating daycare centres to assist working mothers, Anil said, adding that an amendment would be submitted to tax laws to exempt the centres from GST.

Efforts were currently underway to establish safe houses in each atoll for victims of domestic violence, he added.

Safe houses or temporary shelter have so far been set up at the Family and Children Service Centres  in Haa Dhaal Kulhudhufushi, Shaviyani Fonadhoo, Thaa Veymandoo, and Gaaf Dhaal Thinadhoo, Anil noted.

Anil said there was no discrimination between boys and girls in the education sector, noting that 70 percent of graduates from the National University in March 2014 were female.

In its concluding observations released last Friday (March 6) on the combined fourth and fifth periodic reports of the Maldives, the UN Committee on the Elimination of Discrimination against Women welcomed legislative reforms such as the Sexual Harassment and Abuse Prevention Act of 2014, the Sexual Offences Act of 2014, the Prevention of Human Trafficking Act of 2013, and the Domestic Violence Prevention Act of 2012.

The Maldives acceded to the UN Convention on Elimination of Discrimination against Women (CEDAW) in July 1993

The committee also noted the establishment of the Family Protection Authority in 2012 and welcomed “forthcoming amendments to the Family Act to regulate the distribution of matrimonial assets upon divorce.”

In his presidential address at the opening of parliament earlier this month, President Yameen said the legislation would protect women’s rights in divorce cases as pledged during the presidential campaign.

The CEDAW committee meanwhile noted “that the principle of equality between women and men is not yet explicitly enshrined in legislation” and called on the state to ensure that the gender equality bill includes a definition of discrimination on the basis of sex.

The committee also expressed concern about “the delay in conducting a gender impact analysis of some of its existing laws, including family law provisions which continue to indirectly discriminate against women, and in adopting regulations necessary for the full implementation of the Domestic Violence Prevention Act and the Prevention of Human Trafficking Act.”

Insufficient progress

Meanwhile, in a press release yesterday, the Human Rights Commission of Maldives (HRCM) said the Maldives has not achieved or made adequate progress under the Millennium Development Goal of ensuring equal rights for women.

Referring to its shadow report to the CEDAW committee last year, the commission said it had noted the underrepresentation of women in decision-making as well as the minor role of women in economic development.

The report noted that some police officers believe violence against women was caused by women failing to fulfil their duty as submissive wives.

The HRCM also contended that women were not receiving full protection under the new domestic violence, sexual offences, and sexual harassment laws, noting that regulations required under the domestic violence law have yet to be enacted two years after it was passed.

“Despite domestic violence cases being reported, we note that that relevant state institutions are not taking action in accordance with the obligatory rules for such cases,” the HRCM press release stated.

The commission also stressed the importance of expediting the passage of the gender equality bill and appealed to the executive to allocate sufficient funds and resources for institutions responsible for protecting women’s rights.

“Awareness also needs to be raised among girls regarding their physical and reproductive health,” the press release continued.

“To achieve this, we appeal for both further widening the role of state institutions and civil society organisations and instilling the spirt of working together.”

The slogan for this year’s International Women’s Day is ‘Empowering Women – Empowering Humanity: Picture it!’

Related to this story

CEDAW committee welcomes progress on women’s rights, expresses concern with child marriages, flogging and gender stereotypes

Some police officers believe women to blame for domestic violence, says HRCM

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Civil Court rejects Nazim’s defamation case against police chief

The Civil Court has rejected a defamation case filed on behalf of former Defence Minister Colonel (Retired) Mohamed Nazim against Police Commissioner Hussain Waheed.

Briefing the press today on the status of several cases relating to Nazim’s arrest and prosecution on charges of weapons possession, terrorism and treason, Hameed revealed that the Civil Court refused to accept the defamation case on the grounds that the police chief has legal immunity for statements made in his official capacity.

Nazim’s lawyers sued Waheed for telling the press on January 29 that an improvised explosive device was found in Nazim’s home.

Hameed said at the time that the explosive device had not been found during the initial search, and was not listed in a record of items found, explaining that police only announced its discovery days later after an analysis conducted without independent oversight.

The legal team would request a review of the Civil Court registrar’s decision, Hameed told the press today, contending that the immunity was specified in a regulation pre-dating both the 2008 constitution and the Police Act.

The legal team was also awaiting replies from the Civil Court regarding lawsuits against Prosecutor General (PG) Muhthaz Muhsin for alleged violations of Nazim’s constitutional rights and “malicious prosecution” of his wife, Afaaf Abdul Majeed.

The PG office withdrew charges of weapons possession against Afaaf on February 25.

Afaaf has also sued PG Muhsin for defamation.

Hameed also revealed that the PG office yesterday declined to provide information requested under the Freedom of Information (FoI) Act. The legal team has subsequently filed a case against the PG office at the Civil Court.

The Police Integrity Commission (PIC) has meanwhile met Nazim today to seek a statement for its investigation of a complaint regarding Police Commissioner Hussain Waheed, Hameed noted, adding that the Human Rights Commission of Maldives was also investigating a similar complaint.

The legal team also submitted complaints to the PIC regarding the SWAT team involved in the midnight raid, Hameed said, adding that the PIC has said it was in the process of gathering information in response to a separate FoI request.

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