Tag: Human Rights Commission of the Maldives

MDP files corruption case in ACC over delay in HRCM report

The opposition Maldivian Democratic Party (MDP) has filed a case in Anti-Corruption Commission (ACC) alleging corruption involved in Human Rights Commission of the Maldives (HRCM)’s delay in releasing its findings concerning a police crackdown on protesters on February 8.

In a press statement released (Dhivehi) yesterday, the MDP alleged that HRCM was “deliberately delaying” the release of its findings for “political interests”, despite stating in local media that it had completed the investigation process.

“Human Rights Commission of the Maldives has stated in the media that they have finished compiling the report following their investigation into the violent police crackdown on protesters on February 8, after the toppling of the legitimate government by a coup d’état,” the party said.

“This party condemns the commission’s delay in releasing the report, which we believe is because of  political interests,” read the statement.

The MDP alleged that the actions of HRCM were in violation of the regulation on right to information, and claimed that despite the commission’s statement to local media stating that it had released the report, it was not publicised anywhere.

“When [we] requested a copy of the report, the commission responded saying that a copy of report would only be made available after the commission decided on the matter during a meeting held on Wednesday, August 15, and said that they had sent the report to MDP office. But as of now, no such report has been received,” read the statement.

The MDP in the press statement said that these actions suggested that “members of the commission are involved in corruption – the use of power and authority for the benefit of certain parties”, and that therefore MP Ibrahim Rasheed would submit the case to the ACC on behalf of the party.

The MDP also called on the commission to immediately release its report to the public without delay.

HRCM response

Following MDP’s statement, the HRCM released a counter statement explaining the procedures it follows after releasing a report.

“This commission acts in accordance with the stipulations of article 24(c) and 24(d) of the Human Rights Commission of the Maldives Act.  Therefore, it includes issuing of the investigation report to the party that filed the case, and we also share a copy with those that we feel are responsible and the authorities,” read the statement.

Article 24 of the Human Rights Commission of the Maldives Act (Act no. 6/2006) dictates the procedures which the commission has to follow after completing its investigations.

Article 24(c) states: “The commission should present a report of the investigation to the party that filed the case to the commission and to those which the commission believes should take responsibility.”

Article 24(d) states: “The commission should present its investigation report to the relevant authorities, and must advise them on way to which issues concerned in the report be not repeated again.”

HRCM in the statement said that the publicising of an investigation report would be decided after meeting held by the members.

The commission also claimed that the investigation into  the events that took place 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 concerned parties on May 28, and had also shared “necessary information” with the public during a press conference on July 18.

Minivan News understands that the report has been submitted to the government, but has not been otherwise circulated.

February 8

On February 8, thousands of protesters who took to the street in peaceful protest following the controversial toppling of former President Mohamed Nasheed were met by a violent crackdown by police.

The political chaos was triggered after Nasheed rallied MDP supporters, declaring that his resignation had been under duress, and called for the freshly-appointed President Mohamed Waheed Hassan to step down and call for elections.

“Yes, I was forced to resign at gunpoint,” Nasheed told foreign reporters after the rally. “There were guns all around me and they told me they wouldn’t hesitate to use them if I didn’t resign.”

Nasheed’s supporters then clashed with police and military forces near Republic Square, and were repeatedly tear gassed by the police. Dramatic footage of the crackdown has been shared on social media. More videos uploaded showed police kicking and beating protesters on the ground.

A Minivan News reporter was injured following what he described as a baton charge by former President Maumoon Abdul Gayoom’s ‘Star Force’ officers.

“They were beating old women with batons,” he said. “It was just like the old days.”

Police also confirmed at the time that there had been injuries to protesters.

HRCM investigation

The HRCM condemned the police brutality against civilian demonstrators.

“We highlight the fact that a lot of civilians and police officers have inflicted injuries of varying degrees during the demonstrations organised by the MDP, which became a confrontation between police and protesters,” a statement read at the time. “With regards to the demonstration, this commission is in the process of investigating the matters under its mandate.”

Addressing police forces and the public, the commission requested both parties to safely support the rights guaranteed in Article 32 of the constitution, which provides for the freedom of assembly.

“We advise the police to maintain their actions to standards that would not lose the public trust on the police service and we call the public to support and assist the police in executing their duties,” read the statement.

On May 29, HRCM stated that it had completed the investigation of the event and stated that its findings were sent to the authorities including the Prosecutor General’s office and parliament.

HRCM member Jeehan Mahmoud at the time said all but one of its investigations into the government changeover in February, and the events that led up to it, had now been completed.

One more report into the alleged human rights abuses conducted by police on the day of February 7 was left to be completed, she added.

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HRCM questions former Defence Minister over arrest of Chief Judge

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.”

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HRCM to conclude investigation into the arrest of Judge Abdulla Mohamed before April

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.

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