human rights violations – Minivan News

35 percent of Asian MPs’ human rights cases from Maldives, says IPU

The Inter Parliamentary Union (IPU) has revealed that the Maldives accounts for 35 percent of all its human rights cases concerning Asian MPs.

“Maldives has a very high number of MPs (27) with cases before the Committee. Arbitrary detentions and violations of freedom of expression are the most common complaints reported, followed by torture, ill-treatment and other acts of violence,” said the IPU.

The union’s ‘Human Rights Abuses of MPs – 2014′ report – released to mark Human Rights Day (December 10) – shows that Africa and Asia are the most dangerous regions for parliamentarians.

Earlier this year, the union had suggested that the authorities’ response to the growing number of threats against MPs would represent a test of the Maldives’ democracy.

The union emphasised the “high price parliamentarians are paying to defend fundamental human rights and exercise their right to freedom of expression”.

Despite being the smallest country in Asia, the Maldives made up 27 of 78 parliamentarians from 12 countries in Asia who have cases lodged with the IPU’s human rights committee.

Previous statistics from the IPU show that the global average number of inhabitants per parliamentarian is 146,000. With 85 MPs, the Maldives’ 2014 census shows the country has 1 MP for every 4,014 inhabitants.

In October, opposition Maldivian Democratic Party (MDP) MP Eva Abdulla – the first Maldivian member of the IPU – met with the committee to raise concerns over the personal safety of parliamentarians and journalists in the Maldives.

At the time, Eva highlighted the lack of thorough investigations in cases of threats and assault, perpetrators not facing trial, the failure of law enforcement, the failure of the parliament to look into cases, and the creation of a culture of intimidation in the Maldives.

In a year in which MDP MP Alhan Fahmy narrowly avoided paralysis following a stabbing, threats against MPs and their families have become commonplace.

In October, the Maldives National Defence Force temporarily offered MPs additional personal security as well as urging Majlis members not to go out at night time unless absolutely necessary.

The IPU’s list of Maldivian cases also included the late Progressive Party of Maldives MP Dr Afrasheem Ali, brutally murdered outside of his home in October 2012.

MDP MP Ali Azim was controversially removed from the Majlis over an issued of decreed debt last year

Cases from around the world

The IPU explained that 311 parliamentarians from 41 countries had cases referred to the IPU Committee in 2014 – a 13 per cent increase from 2013, which saw 270 parliamentarians lodge cases, from 40 countries.

The most common human rights complaints are arbitrary detention, lack of fair trial, violation of freedom of expression and unlawful suspension and loss of parliamentary mandate.

Other dangers faced by parliamentarians include death, torture, threats and arbitrary arrests, explained the IPU

As per the 2014 statistics, the highest number of parliamentarians who have lodged cases at the committee are from Africa with 38 per cent, followed by Asia with 25 per cent.

Middle East and North Africa have 18 percent, while the Americas have 14 percent, and Europe 5 percent.

71 percent of these parliamentarians are from opposition parties, and 89 percent are male.

“These figures are extremely worrying as they show that all over the world MPs face serious harassment and sometimes even death, in a clear attempt to intimidate and silence critical voices and dissent,” said IPU Secretary General Martin Chungong.

“The figures we are presenting today are cases reported to IPU, but there are other abuses that remain beyond our scope, as the Committee can only intervene at the request of the MP concerned, family members, legal representatives, fellow MPs or human rights organisations,” he continued.

The statement reads that the majority of cases have been under the committee’s consideration for less than five years, while 10 percent of the cases are from more than 10 years ago, and another 5 percent date back to the 1990s.

It also notes that 101 new decisions were adopted by the IPU this year, calling on authorities of the relevant countries to “take effective steps towards a satisfactory settlement of the cases”.

Of the 314 cases, 71 are new cases involving parliamentarians from the Maldives, Cambodia, Colombia, Democratic Republic of Congo, Ecuador, Iraq, Israel, Oman, Palestine, Venezuela and Zambia.

The Committee also closed cases involving 12 parliamentarians in 2014.

Related to this story

Government’s reaction to death threats is a test of democracy: IPU

Inter-Parliamentary Union requests urgent visit to Maldives

Opposition MP Alhan Fahmy stabbed

MPs urged to stay in at night as MNDF offers personal security

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No redress, no compensation, no reconciliation

Describing a beating at Maafushi Jail, musician Abdulla Easa said: “Sometimes I felt I was floating, suspended in mid air, going from one officer’s boots to the other.”

Easa was tortured simply for refusing to stand in queue for flatbread.

Prisoner testimonies indicate torture and ill treatment has been widespread and systematic in Maldivian jails.

Officers tortured inmates “just for fun,” said Easa. “For example, when they went out for a swim, they would call out to anyone they liked, “you come.” They would make us kneel down, they would bury you half in the sand, burn you with cigarettes.”

Former journalist Abdulla ‘Fahala’ Saeed, said he saw security officers rip both the clothes and the skin off of one man when they pulled him out after burying him in the sand.

“One morning, a person named ‘Kelaa’ Areef was taken to the beach and half buried in the sand so he could not move at all. At some time he started reciting the Shahadha, saying that he was going to die, then one of the officers said, ‘He is now ‘dhonvefa’ [heated up] Time to take him out’.”

Then two of them held him under his arms and pulled him out, ripping off his clothes and ripping his skin [on sharp coral sand]. He was all bloody. He was unconscious. Then they threw him in the cell.”

Both Easa and Saeed have claimed they saw people die in jail from the torture they receieved.

No redress

But to date, no survivors or families of victims in the Maldives have received any redress or compensation, and there has been no effort at reconciliation at the national level.

Ten years have passed since the Maldives signed the UN Convention Against Torture.

The Torture Victims Association say survivors have no confidence in a “politicised and incompetent judiciary” and are waiting on judicial reform to pursue justice.

Human Rights Commission of the Maldives (HRCM) member Jeehan Mahmoud said difficulties in substantiating claims of torture and a state tendency to protect the accused over the victim have constrained efforts at redress.

However, the recently ratified Anti Torture Act – which heavily penalises torture and assures compensation for victims – is a “big encouragement” to end such practices, she said.

Proving that an individual officer committed acts of torture beyond reasonable doubt may be difficult, but state institutions must he held accountable, Jeehan said, adding that the Maldives needs a reconciliation effort to end a culture of impunity and ensure non recurrence.

No confidence

The TVA has collected 125 statements of torture, and submitted 25 cases to the HRCM on February 6, 2012 – the day before the controversial resignation of President Mohamed Nasheed, himself a well-publicised victim of torture during his time as a pro-democracy activist.

President of TVA Ahmed Naseem said survivors do not believe they will get justice with the present judiciary.

“After all they went through, all the humiliation they suffered, if the courts say this is nonsense, then they will be in a worse situation than before. They will go nuts. We cannot take chances. We cannot afford to humiliate them,” said Naseem.

“People still have nightmares, people’s lives have been destroyed, families have been broken. We cannot let these people down. So we have to wait,” he added.

Naseem suggested enough evidence existed to hold state institutions accountable. The former National Security Services had a punishment book or ‘Adhabu Foi’ which contained details of state sanctioned torture, he said.

But with the return of former President Maumoon Abdul Gayoom’s party to power, there is no longer any political will to address the past, Naseem said. “The culprits are in government now.”

Vice President Dr Mohamed Jameel Ahmed, during a UN Human Rights Council in 2012, admitted to a history of torture, but said: “As a government we believe we have an independent judiciary. We leave it to the victims to invoke these instances before a court of law.”

The government cannot afford compensation for victims, said Dr Jameel – then Home Minister.

The UNHRC has urged the Maldives to set up an Independent Commission of Inquiry to conduct criminal investigations and ensure compensation for all victims of torture.

In defense of the accused

The Maldives Police Services is the only institution in the country with a forensics laboratory, but the HRCM is unable to use forensics services when the police is the institution that stands accused of torture, Jeehan said.

The state hires and pays lawyer fees on behalf of the accused, and refuses to take disciplinary measures such as suspension until investigations are complete.

“The system does not work to protect the victim. Even simple steps, such as suspending the accused until investigations are complete could show the government’s commitment to end torture and brutality.”

The state’s defense of the accused deters witnesses from the accused institution from coming forward, Jeehan continued.

“They are not protected from bullying within the institution either. Documents are lost – and witness statements by all officers match up word to word. The only evidence then are the statements by civilians who saw brutality. With this imbalance, getting redress is a difficult task.”

Former Police Integrity Commission (PIC) President Shahindha Ismail has also said the Maldives Police Services tends to protect its employees when they are accused of brutality.

“There have been cases where evidence has been tampered with. This shows the police, as an institution, does not want to end this culture of brutality. It appears to promote it instead,” she said.

Shahindha also said limited resources and limited powers hamper the state’s independent institutions, noting that the PIC cannot take direct disciplinary action against a police officer accused of human rights violations.

“There is no political will to end torture. Despite a hiatus in police brutality from period 2009- 2011, the culture of brutality was never erased within the institution,” she said.

Shahindha has called on the government to purge employees accused of torture.

Reconciliation

Jeehan said state institutions must recognise victims of torture and offer them compensation, noting that failure to prove torture in the courtroom only exacerbates impunity and a lack of confidence in institutions.

The state must begin public interest litigation on behalf of multiple victims of torture and start a reconciliation effort, she said.

“With civil compensation, even though individuals may not be held accountable, the state institution will be held accountable. It would constitute some form of recognition for the victim, that the act of violence indeed did happen.”

She called for reconciliation mechanisms that allow both perpetrators and victims to deal with the past, as well as acknowledging the suffering caused on a national level.

“It allows society to move on, provides political stability and social coherence. It is a platform that allows society to resolve differences and hold discussions.”

“The younger generations still do not know what had happened in their history – it will provide them with answers. Social coherence cannot exist with all of these unresolved questions,” said Jeehan

Shahindha said judicial reform and political will is required for victims to receive justice.

“This may take a long time. Time for mature politics to be established in the country. Until then, the victims remain victims, caged in their trauma. They cannot be termed survivors until they receive redress.”

The UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul in a 2013 report said unless serious human rights violations of Maldives’ authoritarian past are addressed, there could be more instability and unrest in the country.

“Impunity affects democracy, the rule of law, and the enjoyment of human rights in a radical way, and undermines the people’s trust in state institutions,” read the report.

“States bear a responsibility not only to investigate violations of human rights, but also to ensure the right of victims to know the truth, to provide adequate reparation and to take all reasonable steps to ensure non-recurrence of the said violations. Addressing past violations could help the Maldives move forward and develop the justice system intended in the Constitution of 2008.”

Watch Esa’s testimony here. Watch Saeed’s testimony here.

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Torture victims require redress, thwarted by institutionalised impunity

Maldivian victims of systemic and systematic torture that has been occurring for decades have yet to find redress, while the legacy of wide-scale human rights violations continues to be perpetuated by state institutions due to institutionalised impunity, government, state institutions and civil society organisations have said.

The Human Rights Commission of the Maldives (HRCM) has confirmed it is investigating three recent cases of detainees being tortured by Department of Penitentiary and Rehabilitation Services (DPRS) officers while in the Custodial Reception and Diagnostic Centre (Male’ Jail).

Officials from the HRCM visited Male’ Jail June 2, 2013 after the family of a detainee informed the HRCM on May 31, 2013 that the victim had been beaten by DPRS officers.

In March this year local media reported that the HRCM was investigating allegations of torture in Male’ prison, however due to authorities “not cooperating” with the investigation the HRCM team was forced to visit Maafushi Prison instead.

In response to the allegations, DPRS Commissioner Ahmed Shihan told CNM that thus far no warden was found to have been involved in the torture of detainees and if a prison warden was found to have acted unlawfully, action will be taken against the officer.

“We will keep monitoring to ensure that all wardens act according to the law,” said Shihan.

In May 2011, former Prisons Division Head of the DPRS Isthafa Ibrahim Manik was detained and questioned by police, after disturbing photographs of tortured victims in custody were obtained by the – now dissolved – Presidential Commission and leaked to the media.

While instances of Maldivians in state custody suffering human rights abuses remains problematic, it is symptomatic of a long standing history of torture that has yet to be remedied or seriously addressed.

“It is quite worrying that we keep hearing about accounts of torture in custody. These recent accounts are an indication of the consistence and continuing abuse in custody,” Maldivian Democracy Network (MDN)’s Executive Director Humaida ‘Humey’ Abdulghafoor told Minivan News yesterday (July 13).

“There is systemic and systematic abuse of detainees [in the Maldives], therefore the practice of torture is unlikely to just disappear over a short period of time,” she emphasised.

While the HRCM’s national preventative mechanism should protect people from the state committing human rights violations, Humaida believes this mandate has been inactive and not working effectively.

“The HRCM has a national preventative mechanism that legally obligates them to ensure mistreatment of prisoners is prevented from happening in jails,” she said.

“Monitoring and oversight is very important because of the history we have, but this mechanism is not working effectively,” she added.

Given the physical and psychological harm torture victims suffer that “cannot be dissociated”, supportive mechanisms that account for this trauma need to be established for Maldivians, explained Humaida.

“There must be an enabling environment for victims to come forward, which doesn’t seem to be there,” she said.

“Many families and victims are afraid and not willing to talk or report these violations because they feel intimidated [by the state] given the risks of revictimization and possible harassment,” she continued.

“Things on the surface may appear quiet, however that doesn’t mean everything is good,” she noted.

Humaida explained that without an enabling environment for victims to report the human rights abuses they have suffered, there is subsequently a lack of documentation and enquiries that would ultimately identify the root causes and/or perpetrators of torture in the Maldives.

“It is impossible for HRCM to know how this torture is happening without proper documentation and enquiries,” she said.

“The Torture Victims Association (TVA) is the only organisation doing such work,” according to Humaida. “The TVA [also] submitted torture victims’ testimonies to the HRCM February 6, 2012, which the victims were able to provide because they no longer felt afraid.”

“A report [by TVA and international NGO Redress] about ill treatment of prisoners was submitted to the HRCM in July 2012, containing the most concrete evidence produced regarding torture occurring while in detention,” she continued.

“Victims’ testimonies were also presented to the UN Human Rights Committee [July 2012 in Geneva], which made recommendations that the Maldives has not yet implemented,” she added.

Reports that included testimonies of police brutality, in addition to torture and ill-treatment of detainees in jail, were presented during the meeting held in relation the to International Convention on Civil and Political Rights, which the Maldives is a signatory.

It has been over a year since the reports were submitted and Humaida cited the “inactivity and apathy of authorities” as a possible reason there has not been any action to redress these past, wide-scale instances of torture.

“I’m very surprised the HRCM has not given updates on how these investigations are proceeding,” she said.

“[Additionally,] while they used to visit prisons regularly and produce reports, that is not something they seem to be doing anymore, which is also a concern,” she added.

HRCM mandate limited

The HRCM mandate specifies that the commission’s focus should be on incidents post-2000, however there is a clause that does allow investigations of past human rights violations if a case is “serious enough”, HRCM Vice President Ahmed Tholal explained to Minivan News yesterday (July 13).

“Torture occurs when state authorities function with impunity, which does not produce a society that is respectful toward human rights,” said Tholal.

He explained that the HRCM is coordinating a strategy to holistically approach past human rights violations on a wider scale.

“We have discussed as a commission how to address human rights violations on a wider scale and how to approach cases to systemically root out torture,” Tholal stated.

“It is very important to ensure absolvement of that feeling [state authorities function with impunity] amongst the people,” he continued.

“The Maldivian people need some sort of redress and closure,” he added.

In regard to the accounts of torture submitted to the HRCM last year by TVA and Redress, Tholal explained that if a human rights violation has occurred then the HRCM looks into the issue on a case by case basis and that allegations of torture submitted by the organisations are currently under investigation.

“We are currently looking into the complaints of each victim [from the reports]. However, some information and evidence is hard to come by,” said Tholal. “For example, we are not able to contact the actual people directly, we have to seek their contact information from the organisation. But we are trying to move as fast as we can.”

Institutionalised impunity

Meanwhile, the Commonwealth Ministerial Action Group (CMAG) was given an update on the current human rights situation in the Maldives this past April, by MDN in collaboration with the International Federation for Human Rights (FIDH).

The brief noted that while some steps have been taken in the past decade to reform institutions and investigate allegations of human right abuses, including torture committed by the security services, limited mandates, a lack institutional will, and senior officials publicly dismissing these concerns has prevented redress.

“A culture of impunity has been institutionalised for perpetrators of past human rights violations that… encourages the security forces to disregard the rule of law and commit further human rights abuses in impunity,” stated the brief.

In September 2012, FIDH released a report detailing the human rights situation in the Maldives, titled “From Sunrise to Sunset: Maldives backtracking on democracy”.

FIDH noted that the government of President Mohamed Waheed Hassan Manik has been accused of a wide range of human right violations, including violent harassment of street protesters, torture and harassment of pro-opposition media as wells as legal and physical harassment of the opposition.

“Practices to silence political dissent that had disappeared in the course of Nasheed’s presidency, have once again become prevalent under Mohamed Waheed’s presidency,” said FIDH.

Police station and prison torture

There are many accounts of the systematic and sustained use of torture within the state’s prisons and police stations perpetrated by military personnel, police, coast guard, and prison officers, according to the Redress/TVA report which included accounts of individuals who allege that they were tortured or ill-treated during former President Maumoon Gayoom’s regime between 1978-2008.

“Most victims were initially tortured or ill-treated during interrogation and questioning, either at police stations or at various detention centers,” stated the report. “Torture and ill-treatment continued in prisons and detention facilities, typically as a form of intimidation and punishment.”

“But until now, the victims of such treatment have not been provided with any justice for what has been done to them. Despite accepting that torture and ill-treatment occurred on a wide scale, the Maldives is yet to address its legacy,” the report noted.

The findings highlighted that “While there was no apparent limit to the forms of torture and ill-treatment used, many were quite specific to the island environment.”

Torture and ill-treatment of detainees was often inflicted outside the prison buildings, and guards appear to have been given free range to use whatever methods they choose, including: beatings, burning, being tied to palm trees, the use of high-pressure hoses, the use of stocks and other painful restraints as well as suspension, near drowning, being restrained and covered in sugar water to attract ants, subjection to noise and sleep deprivation, sexual abuse and sexual humiliation, etc., the report found.

The government of Maldives previously acknowledged that the use of torture was systematic in the country, as stated in its Universal Periodic Review report to the UN Human Rights Council in 2010.

However, current government officials deny torture and ill-treatment of detainees is problematic, and claim that human rights reports conducted by civil society organisations are subject to political bias in favor of the Maldivian Democratic Party (MDP).

Meanwhile, former President Mohamed Nasheed – a previous torture victim himself – pledged to institute structural changes to reform police and military institutions upon his re-election in September, during an MDP function held at the JW Marriott Hotel in Kuala Lumpur, Malaysia July 13.

The Department of Penitentiary and Rehabilitation Services (DPRS) and Maldives Police Service (MPS) had not responded to enquiries at time of press.

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HRCM investigating three cases of alleged torture in Male’ custodial

The HRCM issued a recent press release stating they were “investigating complaints of brutality” towards detainees at the Custodial Reception and Diagnostic Centre (Male’ Jail).

Officials from the HRCM visited Male’ Jail June 2, 2013 after the family of a detainee informed the HRCM on May 31, 2013 that the victim had been beaten by DPRS officers.

“From the investigations that ensued, [the HRCM] found proof that there were two more detainees who sustained injuries while in custody,” read the statement.

“The HRCM is currently investigating the cases, therefore I’m sorry I cannot be more specific, but I cannot comment at the moment,” HRCM Vice President Ahmed Tholal told Minivan News today (July 13).

“The HRCM always considers allegations of human rights violations quite serious issues and is quick to react, [which is] crucial when human rights violations occur, because otherwise there is no point,” explained Tholal.

“In cases involving torture, fresh evidence is needed, additionally the torture could be ongoing and taking immediate action is needed to protect the victim,” he continued.

“There must be some sort of comfort and support to people when things fail,” he added.

In situations where there is the prospect that a large number of people have suffered human rights violations, it is part of the HRCM’s public relations strategy to announce that investigations are occurring, Tholal noted.

“This is both to demonstrate to the public that the commission is acting proactively, as well as to encourage other victims to submit their complaints to the HRCM,” said Tholal.

Tholal explained the basic assumption from which the HRCM functions is that ‘things are going ok’, but if the state fails to protect human rights – in cases of domestic violence, child abuse, health, migrant workers, for people with disabilities – even if the violations are not directly perpetrated by the Maldives’ government, the HRCM will still investigate.

“The HRCM is always accessible, if any sort of human rights violation occurs we urge people to report it,” he added.

Systemic and systematic torture

“It is very, very good, I’m pleased the HRCM has made the decision to go public with their investigations. HRCM needs support from us,” the Maldivian Democracy Network’s Executive Director Humaida ‘Humey’ Abdulghafoor told Minivan News today.

“It is quite worrying that we keep hearing about accounts of torture in custody,” said Humaida. “These recent accounts [the HRCM announced they are investigating] are an indication of the consistence and continuing abuse in custody.”

“There is systemic and systematic abuse of detainees [in the Maldives], therefore the practice of torture is unlikely to just disappear over a short period of time,” she emphasised.

Humaida highlighted the need to address the “complete lack of professional standards” within the DPRS and Maldives Police Service (MPS).

“What is the system of accountability within the MPS? Where are the professional standards and oversight?” she questioned.

“It is an indicator of the total unprofessional behavior by the MPS that there are ongoing allegations of torture. It is most despicable, no agent of the state should be involved in abusing its citizens,” she declared.

Minivan News spoke with a Maldives Police Service Media Official, Sergeant Hussain Siraz, however he was not aware of the current HRCM investigation and was unable provide an official comment to Minivan News.

Meanwhile, Police Spokesperson Chief Inspector Hassan Haneef was not responding to calls at time of press.

Correction: The previous version of this article said Maldives Police Service officers were accused of torturing detainees, however this should have referred to Department of Penitentiary and Rehabilitation Services officers. Minivan News regrets the error.

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Civil society groups slam government for “failure to ensure conducive environment for elections”

Prominent NGOs have released a joint human rights brief accusing the Maldivian government of failing to create conditions conducive to free and fair elections, ahead of the Commonwealth Ministerial Action Group (CMAG) meeting to be held in London this Friday.

The International Federation for Human Rights (FIDH) and the Maldivian Democracy Network (MDN) reported that with less than six months before the presidential elections “there are clear signs indicating that the coalition government in power since February 2012 has so far failed to set the conditions for free and fair elections in which ‘all parties and leaders are able freely to conduct election campaigns’.”

“The most critical matter in this regard is the continued interference of the executive on other branches of power, as manifested by the trial of several opposition members to prevent the opposition from running in the upcoming elections,” the brief reads.

Authorities have both failed to ensure a ‘free and fair’ atmosphere with respect to freedom of information or freedom to assembly, as well as made no efforts to inform and educate voters on electoral rights and responsibilities, the report claims.

FIDH and MDN highlight that promoting and protecting human rights has suffered from a “substantial lack of progress” and that a “culture of impunity for perpetrators of past human rights violations” has been institutionalised.

While “human rights abuses reduced drastically” following former President Mohamed Nasheed’s election in 2008, past and present police brutality, torture and impunity have gone unaddressed, states the brief.

Institutions such as the Police Integrity Commission (PIC), the Human Rights Commission of the Maldives (HRCM), and a Presidential Commission – created in 2009 and disbanded in 2012 – failed to investigate and address human rights abuses, including torture committed by the police services, given their limited mandates.

“The coalition government established in February 2012 has been accused of a wide range of human rights violations, from violent repression of street protests, arbitrary arrests, sexual harassment of female protesters, torture, harassment of pro-opposition media, to legal and physical harassment of members of the opposition,” states the brief.

“Since the HRCM made public its reports on these allegations in August 2012, no action has been taken for investigation or redress,” the brief continues.

Systematic omissions have been identified in the the Commission of National Inquiry (CoNI) “serious enough to raise fundamental questions about the accuracy of the report’s conclusions.” Furthermore, recommendations made by the CoNI on August 30, 2012 regarding human rights abuses, torture, and impunity “were immediately dismissed by senior government officials; this could only encourage the security forces to disregard the rule of law and commit further human rights abuses in impunity,” the brief reads.

“Uncertainties” have caused a “new phase of slowdown” in the country’s legal reform process as well.

“Women have suffered and still suffer from the absence of a strong legal framework… and women’s rights remain at risk of being curbed by religious parties influencing the governing coalition and pushing for the full implementation of Sharia,” the report states.

Rising tensions regarding interpretations of Islam is “particularly an area of concern” given the “fundamental views being introduced by the Adalath party and some religious groups, mainly those that are being linked with Shari’a and harsh punishments,” claims the brief.

“Bearing in mind that there is absolutely no public trust in the judiciary to have the capacity to deliver justice under these circumstances, those critical of these [religious] interpretations have faced violent consequences,” reads the brief. “To date, there are no reports of an investigation or any on-going effort to find the perpetrators of these crimes [of murder and attempted murder].”

Following Nasheed’s claim he was deposed in a coup d’état, the Commonwealth suspended the Maldives from the CMAG, and said it had decided to place the Maldives on its formal agenda in February 2012 because of “questions that remain about the precise circumstances of the change of government, as well as the fragility of the situation in the Maldives.”

In September 2012, CMAG decided the Maldives would remain on the agenda under the item “Matters of Interest to CMAG”, however its suspension from the international body’s democracy and human rights arm has now been revoked.

CMAG recommendations

FIDH and MDN emphasised that the newly reformed CMAG mandate includes “situations that might be regarded as constituting a serious or persistent violation of Commonwealth values”, and the “systematic denial of political space, such as through detention of political leaders or restriction of freedom of association, assembly or expression.”

“These situations have continuously characterised the political environment of the Maldives especially since the change of power of 7 February 2012.”

FIDH and MDN provided CMAG with five key recommendations in regard to the deteriorating human rights situation in the Maldives.

They compelled CMAG to raise concerns regarding human rights violations in the Maldives, especially allegations of police brutality and torture, and request government authorities take all necessary measures to prevent violence, respect the due process of law and prevent arbitrary arrests.

A review of CMAG’s position on CoNI report should be conducted, especially in reference to “later developments”.

CMAG should also advocate for the preservation and consolidation of democratic achievements and take all necessary steps to guarantee the conditions for free, fair and inclusive elections in September 2013.

Providing technical assistance to the Maldives’ government is recommended. This is necessary to strengthen the rule of law and support the development of public institutions, in particular the judiciary, as well as independent commissions such as the HRCM, the PIC, and the Judicial Service Commission (JSC).

Finally, provide support to civil society organizations to raise public awareness about the role of public institutions and the importance of separation of powers, develop human rights education programs, and play a key role monitoring democratic and independent institution building.

Maldivian government recommendations

FIDH and MDN also provided the Maldivian government with a list of 11 recommendations to improve the country’s human rights failures.

This includes strengthening independent commissions, such as the PIC, JSC, and HRCM, in accordance with CoNI report recommendations. Reforming the judiciary should also be prioritized.

The physical and psychological integrity of human rights defenders, journalists and members of the opposition must be also guaranteed in all circumstances.

Initiating a national campaign to address past human rights violations (1978-2008), including “accountability for perpetrators, acknowledgement, truth-telling mechanisms, reparations, and legal and institutional reforms to prevent occurrence of new violations” is recommended.

“Such mechanisms would also act as a deterrent to prevent any future form of harassment, intimidation, arbitrary arrest or ill-treatment by State security personnel,” the brief states.

Additionally, the Majlis (parliament) should “urgently enact” pending legislation, ensure civil society is consulted, and that the bills “fully conform with international human rights commitments and obligations of the Maldives.” Furthermore, the death penalty should not be enshrined in those texts.

FIDH and MDN also recommend the government fulfill its various international commitments. This includes investigating allegations of torture, adopting implementing legislation for the International Criminal Court statute, as well as guaranteeing the human rights and protections enshrined in the International Covenant on Civil and Political Rights (ICCPR).

Additionally, the scope of the Maldives’ reservation to Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) – which aims to eliminate discrimination in all matters relating to marriage and family relations, and ensures gender equality – should be significantly reduced.

Adhering to the recommendations of various UN Special Rapporteur’s, which have addressed some of the systemic problems within the judicial system and various human rights issues, is also recommended. As is arranging future Rapporteur’s missions regarding transitional justice and additional human rights challenges.

Government reaction

Minister of State for Foreign Affairs Dhunya Maumoon told local media yesterday (April 23) that Foreign Affairs Minister Dr Abdul Samad Abdullah had left for London April 22 to participate in the CMAG meeting.

Maumoon highlighted that this marks the first occasion the Maldives has been invited to a CMAG meeting since its removal from the agenda.

“The opportunity for the Maldivian Foreign Minister to participate in a CMAG meeting was a great achievement, and one which resulted from the efforts by President Waheed’s government in cooperation with the Commonwealth,” said Maumoon.

“Now Maldives will have the opportunity to partake in discussions at CMAG. But the Maldives delegation will not be present when the group discusses the Maldives,” she added.

Maumoon also reiterated the government’s position that the Maldives should not have been on CMAG’s agenda and that “the move was prompted by a lack of understanding of the true events that transpired in the Maldives.”

“Some countries” had realized this error and accused Nasheed of influencing CMAG members, Maumoon claimed.

While Maumoon admitted “there was always a fear of instability in Maldives due to the rather infant democracy in the country,” she also highlighted that “international partners have acknowledged the positive strides the country has made brought about in a relatively peaceful manner.”

In April 2012, Maldives’ permanent representative to the EU Ali Hussein Didi criticised the Commonwealth’s involvement in the Maldives, telling the European Parliament that the Commonwealth’s Ministerial Action Group (CMAG) lacked a clear mandate to place the Maldives on its agenda.

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