Tag: human rights

Prisons burdened with small crimes and poor management, report finds

The Maldivian prison population could be reduced by up to two-thirds if the government would “de-criminalise the offence of drug usage and propose mandatory rehabilitation”, according a report by the government and the United Nations Development Program (UNDP). The reform could reduce the number of youth incarcerated for minor offences, the report suggested.

The report also found that “the existing legislative framework and the current penal system does not support the human rights guaranteed under the Constitution, nor is it compatible with best practices outlined in the UN Standard Minimum Rules on Treatment of Prisoners.”

The “Prison Assessment and Proposed Rehabilitation and Reintegration of Offenders Report“, published on September 5, was conducted by Dr Aishath Ali Naaz and UNDP program specialist Naaz Aminath. The report surveyed 60 percent of the prison population as of February 2011 to assess current prison conditions and make recommendations.

It is the first report of this scope to be done in the Maldives.

Aminath said the report took five months to prepare. “It involved very consistent record-taking and visits to prisons. About part way through we realized that we needed a legal framework to make a more comprehensive report, so we met with MPs across the board to understand the strengths and weaknesses.” The team had met with government officials throughout the project.

Aminath said timing the release of the report was difficult after the release of prisoners from Maafushi prison in July.

Key issues identified in the report were a lack of legislative framework to support rehabilitation and reintegration programs; widespread accusations of corruption and inappropriate political influence among institutions; poor prison design; and inadequate budgeting and human resources.

The report’s first recommendation for reform was to “de-criminalise the offense of drug usage” and require rehabilitation, according to the offender’s criminal record.

A second recommendation to “establish a restorative justice program to minimize offenders being incarcerated for minor offences” would regulate the currently heavy flow of Maldivian youth into the prison system.

Of prisoners in the Maldives, the majority are males under 30 years of age who are educated below O-levels. At the time of the report, 66 percent of inmates polled were in jail for drug use or possession.

“There are small time drug users of 23 years of age who are being being sentenced for 70 years in prison,” said Aminath. “When you visit other countries, the jails are divided between minimum and maximum security according to the sentence. You know that criminals in maximum security areas are really hard-core. You also find that drug trafficking is a serious offense in most countries, and traffickers do the most time in jail. But here, traffickers get 25 years while small-time users get 60 to 80 years. These are not hard-core criminals, but they’re put away for almost their entire lives.”

Aminath noted that in the past, drug users who test positive for drugs were given two charges: one for using drugs, and another for testing positive. At present, only individuals in possession of a prohibited drug are prosecuted.”

“I’m not condoning drugs,” said Aminath, “but I think we need to help.”

The report criticised Maldivian prisons for being understaffed and poorly managed.

“The problem in the Maldives is that there aren’t proper prisons,” said Aminath. “It’s hard to even say what the capacity of these facilities is.”

After the fires in 2009, Maafushi prison in March and October 2009, Aminath said that basic living equipment like mattresses were not replaced. Maafushi and Male prisons do not have kitchens, and “there is no structure to support the prisoners who are there,” she said.

Asseyri prison was originally designed as a juvenile rehabilitation center. But Aminath noted that it remained empty until this past year, and since then has been filled with inmates of all ages. She said individuals she asked regarding it’s changed purpose were uniformed.

Inmates surveyed said medical services were inadequate. An investigation found that Maafushi prison compensated by sending an average of ten people to Male each day for medical purposes–an excursion which opens opportunities for smuggling good into prison.

Inmates also complained about a lack of structure in prison life. The report lists claims of torture, inhumane treatment, drug availability and false messages of hope from politicians as examples.

Prison regulations also make it difficult for inmates to develop their own structure. Aside from the Qur’an, inmates are not allowed to have any reading material. Only Asseyri and Maafushi prisons have ‘libraries’–rooms with a few books located outside the gated complex. “It’s risky to go there because it’s not within a protected area, and there simply aren’t enough staff to organise daily library trips,” said Aminath. “Plus, there isn’t much to read there. Really, I wouldn’t even call it a library.”

Naaz and Aminath asked prisoners to describe the types of rehab programs they felt were needed. Most recommended religious education (86.4 percent), counseling therapies (76.1 percent) and life skills (75.1 percent).

Among the report’s recommendations for reform is the development of a Mental Health act. It also encourages Parliament to pass legislation that was proposed 3 years ago, including a criminal procedure code, a penal code, an evidence act, and a parole bill.

Another suggestion is to establish a prison industry to train prisoners in vocational skills, a program that would directly support rehabilitation and reintegration programs.

Aminath said the research team is in conversation with the State Minister, and the Home Minister supports the recommendations.

Speaking at a press conference yesterday, Home Minister Hassan Afeef said, “the Government is committed to improving the rehabilitation system, given
how large a problem drugs are for our community.”

But change won’t happen overnight, Aminath cautioned. She said all institutions “need to strengthen the legal framework and get more involved with the community to make these changes. This applies to all institutions across the board here.”

Correction: A previous version of this story stated that the UNDP team had “‘met with government officials across the board to understand the strengths and weaknesses.'” It should have stated that the UNDP team had “met with MPs across the board to understand the strengths and weaknesses and advocate passing legislative framework bills.” The UNDP team had been in correspondence with government officials from the beginning of the project.

The previous version of the story also stated that, “Aminath noted that drug users who test positive for drugs are given two charges: one for using drugs, and another for testing positive.” It should have stated that “Aminath noted that in the past, drug users who test positive for drugs were given two charges: one for using drugs, and another for testing positive. At present, only individuals in possession of a prohibited drug are prosecuted.”

The previous version also stated that “Asseyri prison was originally designed as a juvenile detention center.” It should have stated that “Asseyri prison was originally designed as a juvenile rehabilitation center. Also, individuals who Aminath asked about its current use as a standard detention center were uninformed. Minivan News apologises for any confusion.”

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Maldives hails “new dawn” in Libya, increases international pressure on Syria

Maldives Foreign Minister Ahmed Naseem has welcomed “a new dawn in Libya” following reports yesterday that the rebel Transitional National Council (TNC) had all but taken control of Libya’s capital, Tripoli.

President Muammar Gaddafi remains nowhere to be found, but early reports yesterday – confirmed by the International Criminal Court (ICC) – suggested that the rebels had detained his son, Saif al-Islam.

Saif however appeared in front of journalists later in the day declaring that the rebels had “fallen into a trap”, and “screw the criminal court.”

The Maldives was among the first countries to formally recognise the TNC rebels as the sovereign representatives of the Libyan people, and helped organise several UN Human Rights Council resolutions increasing pressure on Gaddafi and legitimising Western military intervention.

“The Maldives took these steps because of our conviction that men such as Muammar Ghadaffi should not be allowed to check, through violence, the recent march of democracy and human rights across the Muslim world – the Muslim Awakening,” Naseem said.

“For decades, the government of Muammar Ghadaffi has ruled through a system of patronage, repression and fear. The Muslim Awakening brought hope that this system could be dismantled peacefully, through dialogue, reform and free and fair elections. However, instead Muammar Ghadaffi chose to use his security forces to attack and kill civilians.

“With the imminent fall of Ghadaffi, the Muslim Awakening lives on, and the Maldives looks forward to welcoming a new, democratic Libyan State into the international family of nations,” Naseem said.

Syria

The Maldives is taking a similar line on Syria it took with Libya earlier this year, insisting on democratic reforms and yesterday spearheading an emergency session of the UN Human Rights Council.

“The Maldives considers itself a friend of Syria and its people, and has watched with increasing alarm as the government there has responded to peaceful protests calling for democratic reform with violence and intimidation. Thousands have been arbitrarily detained and hundred of our Muslim brothers and sisters, including children, have been killed. Worse, these gross human rights violations have intensified during the Holy Month of Ramadan,” Naseem said, in another statement.

Syria, which has failed to respond to the Council or cooperate with the UN, is backed by Iran and has taken a hard line against civilian demonstrators calling for President Bashar al-Assad to step down.

Protests began in January 26 as the ‘Arab Spring’ demonstrations began to sweep through the Middle East, escalating into an uprising in which over 2200 people have reportedly been killed.

Involvement of the Maldives

At a press conference held yesterday in Male’, the Maldives Ambassador to the UN Abdul Ghafoor Mohamed said that the small size and relative isolation of the Maldives was “no impediment” the country’s pursuit of an international human rights agenda.

“I think we have shown that size is not everything in international relations,” Ghafoor said. “Even if you are a small country your commitments, your principles, and how you work with others can help you achieve many of your goals.

“Our relations with other countries and our record of promoting human rights both at home and in concert with other countries, and our cooperation with the Human Rights High Commissioner has given us respect and legitimacy in the international community, and we have been at the forefront of a number of resolutions that has been initiated on matters of grave concern,” he said.

Asked about the Maldives’ commitment to human rights locally, and whether he concurred with the Maldives’ recent delegation to the UN Committee on the Elimination of Racial Discrimination that the Human Rights Commission of the Maldives was the “most active national institution in Asia”, Ghafoor observed that “I don’t think there’s any country that has a perfect human rights record.”

“Without exception I think all countries have human rights issues and problems, but what is more important is how do we deal with it and how do we address these issues,” he said.

“I think Maldives has shown that it is willing to address the shortcomings it has in its human rights promotion and making every effort possible within the resources we have to improve our human rights record.

We are willing to work with other countries, with the international human rights organisations, even with NGOs to make the human rights issue a non-issue hopefully some time in the future. But that maybe a bit too much to hope for. So long as there are human beings interacting with each other there’s likely to be human rights issues.”

Speaking as to the Maldives’ position on the UN report detailing war crimes in the closing days of Sri Lanka’s civil war, Ghafoor said he did not think the matter would create friction with the Maldives’ neighbour.

“I do not see the government having any issues at this stage with the Sri Lankan government,” he said.

“[Naseem] has stated that we would like to see the UN take a more comprehensive review of what has happened in Sri Lanka, rather than concentrate on the last few days. This could skew the whole issue. So we do not see our memberships of the Human Rights Council making it difficult for us to have good relations with Sri Lanka or speak on issues of sensitivity. I think as good friends Maldives can speak very frankly with Sri Lanka and I’m sure they would happy to listen to our views.”

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UNDP awards US$79,862 to local CSOs in small grants program

The United Nations Development Program has awarded US$79, 862.95 to the 13 winners of the “Support to Civil Society Development” program in the Maldives.

The winning projects, supported by the Small Grants Facility and jointly funded by the UNDP and Australia Agency for International Development (AusAID), were designed by local CSOs and selected out of 54 proposed projects.

United Nations Resident Representative, Andrew Cox, spoke at the UN building today. Cox called civil society a “pillar of democracy”, and a significant factor in democratizing the Maldives. He commented on the large scale changes the country has faced in recent years, and called the Maldives “a country which shows much scope for growth and maturity.

This is the second round of projects in the program. Monitors of the first round had determined that the program was constructive, Cox said.

“Initiatives such as the Monitoring of Political Violence in the First Local Council Elections project, The Empowerment of Women project and The Right to Empower project – among the 09 projects funded in the first round, have indicated steps taken in the right direction by the civil society,” he said.

The second round of projects were selected from 11 atolls, including Raa, Baa, Noonu, Addu City, Malé City, and others. Almost every atoll in the country is represented in the selection.

Among the areas the program intends to address are human rights, governance, gender equality, and youth development. Cox added that the tenets of democracy, such as transparency, accountability, and the voice of the people will be empowered.

Cox backed the program by invoking the Maldives government’s Strategic Action Plan, “which guarantees that space will be allowed for individual freedoms and the civil society to thrive.”

In closing, Cox reminded his audience that significant challenges to establishing a full  democracy remain in the Maldives, but that they can only be overcome by the united efforts of the people. Cox reinforced the UN’s committment to supporting the Maldivian people in their pursuit of a consolidated democratic identity.

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UN Committee grills Maldives delegation on human rights commitment

A delegation from the Maldives headed by Attorney General Abdulla Muiz has reported to the UN Committee on the Elimination of Racial Discrimination, which will release its findings in early September.

According to a UN report summarising the meeting, the delegation was questioned on “restrictions on the practice of religion, the rights of migrant workers, human trafficking, the lack of anti-discrimination laws in the country, the role of the Human Rights Commission and the requirement that all members be Muslim, citizenship laws and the stipulation that non-Muslims could not become citizens nor could they openly practice their religion, the discrepancy in secondary school enrolment rates between boys and girls, and the interaction between English common law and Islam in the legal system of the Maldives.”

The committee noted that the government’s historical position had “been to deny the existence of racial discrimination in the country as the Maldives has a small homogeneous population, of the same origin, pursuing the same religion, and speaking the same language.”

However it had acknowledged that a substantial increase in migrant workers “requires legislative attention”, the UN committee noted.

“In the absence of prejudices leading to racial discrimination in the Maldives, the government did not take specific steps in terms of education and teaching, and culture and information, to address racial discrimination. However, the report says in the Maldives the teaching of Islam promotes understanding, tolerance and friendship among nations and all groups,” the committee noted.

The report was presented to the committee by Muiz, who emphasised the “enormous progress” the country had made in recent years towards guaranteeing “fundamental freedoms and individual liberties”.

He did, however, acknowledge the “enormous challenges” the Maldives faced in ensuring that those rights now protected by law were actually enjoyed in practice. In particular, the Maldives delegation identified these as including “fragile democratic fabric, infant democratic institutions, religious fundamentalism, heavy drug abuse, the vulnerability of the country to environmental threats and most recently, human trafficking.”

Furthermore, the delegation claimed, the country’s Human Rights Commission “was one of the most active national institutions in Asia” and “fully compliant with the Paris Principles”, apart from the requirement that all members of the Commission be Muslim.

“Maldivian law did not provide for freedom of religion, although in practice foreigners were allowed to practice religions other than Islam in private,” the delegation informed the committee.

Nonetheless, the Maldives was “a culturally diverse society” that protected its vulnerable migrant labour population by imposing duties on employers, “including responsibility for the employee during their stay and other requirements”, despite the absence of health and safety laws.

“The right to association and the right to strike were now guaranteed under the Maldives’ Constitution,” the delegation informed the committee.

It noted that while the Maldives did not have any laws prohibiting trafficking in persons “and no official studies or reports had been conducted”, the government had a “strong policy to prevent the country from becoming a safe haven for traffickers.”

“Muiz asked the Committee to bear in mind that the democratic and legal framework of the Maldives was a work-in-progress,” the committee noted.

Delegation confronted

In contrast to the Maldives’ position that racial discrimination did not exist, the committee observed that cases of hostility and ill-treatment of the country’s increasingly large number of migrant workers – half the country’s total workforce – had been reported.

“The Maldives should consider acceding to conventions concerned with the rights of non-citizens and amend relevant regulations to allow non-Muslims to acquire Maldivian citizenship,” the committee suggested, and noted that there was “still no anti-discrimination legislation” active in the Maldives.

“It is necessary for the State party to enact legislation on prohibition of incitement to national, racial or religious hatred,” the committee stated.

The committee observed that there was a lack of demographic information on the Maldives, given the extensive size of its foreign labour force, and that “it would be useful to investigate whether there are tensions between Maldivian citizens and foreign workers.”

“Restrictions on the rights of migrants and other foreigners to prohibit the practice of religions other than Islam, except in private, were of concern as well. Was any one Maldivian citizen married to an individual practicing a different religion?” one committee member asked.

Delegation defends

In response to the committee’s questioning, the Maldives delegation contended that the Maldives had “capacity constraints” and “relied on the support of international organisations”, in which case the committee noted “a report longer than three pages would have been appreciated.”

Regarding the committee’s questioning on freedom of religion, the delegation noted that the Maldives maintained a reservation to article 18 of the International Covenant on Civil and Political Rights on freedom of religion “and there were currently no plans to withdraw that reservation.

“This was a reflection of the deep societal belief that the Maldives always had been and wished to remain a 100 percent Muslim nation,” the delegation informed the committee, adding that “Muslims and non-Muslims lived harmoniously in the Maldives.”

“It was not true that under the new Constitution existing citizens could be arbitrarily deprived of their nationality if they were to stop practicing Islam. The Constitution was very clear on this point: no citizen could be deprived of his or her nationality under any circumstance. The Muslim-only clause under the citizenship article of the Constitution only applied to non-Maldivians wishing to become naturalised,” the committee reported.

The delegation acknowledged “increased reports of mistreatment of migrant workers by their employers”, but noted that the Maldives placed high importance on acceding to the eight core Conventions of the International Labor Organisation (ILO).

It also argued that “some of the rights and privileges enjoyed by foreign workers were even better that those enjoyed by Maldivians themselves”, such as those mandating the provision of food and accommodation for foreign workers.

“Foreign workers were not discriminated against in any way in the Maldives,” the delegation informed the committee.

In his concluding remarks, Muiz observed that the exercise of appearing before the committee “was tougher than even appearing before the parliament of the Maldives.”

Read the full summary

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HRCM sends report to UN Human Rights Committee

Endemic sexual violence against women and children, violent crime, abuse of migrant labourers and a persistent culture of torture in detention facilities are among a catalogue of serious issues facing the country, the Human Rights Commission of the Maldives (HRCM) has informed the UN Human Rights Committee.

The document summarises areas relevant to the International Covenant on Civil and Political Rights (ICCPR), which the Maldives acceded to in 2006. It heavily references the Maldives Journalists Association (MJA) and several news sources, including Haveeru and Minivan News, with little reference to primary research conducted by HRCM itself.

Violence against women

“One in five women between the ages of 15 and 49 years reported physical or sexual violence by a partner, and one in nine reported experiencing severe violence,” HRCM noted, referencing a 2006 study by the then Ministry of Gender and Family.

“One in six women in the capital Male’ and one in eight countrywide reported experiencing childhood sexual abuse under the age of 15 years. Of those women between the ages of 15 and 49 years who had ever been pregnant, 6 percent reported having been physically or sexually abused during pregnancy,” it cited.

“The survey further reported that many respondents’ perceived women to be subordinate to men, and that men used Islam to justify restrictions and violence against women.”

Parallel to this, HRCM observed a particularly low conviction rate for rapists and sexual assault offenders.

Reasons for this, the report claimed, included “the absence of an Evidence Act, the lack of witness protections provisions and fear of reprisals by abusers, finding witnesses (two male or equivalent women), awareness on the side of the victim regarding the condition that she should be in while reporting, such as not showering before consulting medical personnel, lack of national guidelines on medico-legal documentation, failures of existing laws and procedures leading to re‐victimisation of the victim, and intimidation of being stigmatised by the community.”

Forced labour

Abuse of migrant workers in the Maldives is occurring on an industrial scale, with at least 30,000 foreign workers (8-10 percent of the total population of the country), completely undocumented. Most of these are Bangladeshi nationals, with 2200 of those 2700 migrant workers deported in 2009 by the Department of Immigration and Emigration of Bangladeshi origin, HRCM noted.

“The State needs to enforce existing regulations relating to work place standards and regularly monitor the same,” the report noted. “In addition, the state should develop a mechanism whereby the wages to the workers are duly paid and the travel documents of migrant workers are not held in hands of employers in order to eliminate the undue influence by employers on the migrant workers to work in unfavourable conditions, including forcing them to do labour against their will.”

Documents of migrant workers such as passports were routinely confiscated by employers, the report stated.

“In the Maldives, it is a practice to take hold of the passport of the migrant worker by his/her owner for the intention of safe keeping, and this applies to both government and private sector together with the individuals,” HRCM said.

HRCM observed that the maximum fine facing labour traffickers for fines under the Employment Act was Rf 5000 (US$324). It noted that the Maldives had conceded to ratify the International Convention on Protection of Rights of All Migrant Workers and Their Families (ICPRMWF).

Violent crime

HRCM noted six crime-related deaths in 2010 and eight in 2009, and stated that this was high relative to the population.

“It is to be noted that most of the people who are involved in cases of extreme violence, and murders are repeat offenders (sometimes juveniles) providing clear evidence into the failure of the criminal justice system in the country,” HRCM stated.

Factors involved, the report noted, included “inadequate legislation pertaining the criminal justice system, such as a Penal Code does not reflect the spirit of the present Constitution, inadequate legislation pertaining to evidence and witnesses, dismissal of forensic evidence by courts, absence of a witness protection program and inadequate correctional and rehabilitation system for convicted offenders.”

Detention concerns

Visits from the National Preventive Mechanism (NPM) to Dhoonidhoo Police Custodial in March 2011 identified that five detainees had been kept in solitary confinement cells for periods ranging from several days to up to four months, without being let outside for exercise, HRCM stated,

HRCM also raised concerns about the standard of a “hastily built” jail in Addu Atoll in 2009, consisting of metal cages, to accommodate prisoners following a prison fire in Maafushi, and the confiscation of clothing as a disciplinary measure.

HRCM noted a general failure to keep arrested suspects separate from convicted criminals, and commented on the use of Maafushi prison as a police custodial.

The report also stated that “a high profile politician, Mr Abdulla Yameen, was held under protective police custody for a short period in 2010 in a place outside the formally established places for police custody” (Yameen, the leader of the opposition-aligned People’s Alliance and the former President’s half-brother, was detained in the Presidential Retreat at Aarah).

HRCM expressed concern that “in the case of Mr Yameen, he has not been compensated so far [for his detention on the Presidential Retreat].”

Read the full report

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Police investigating 51 complaints of torture and wrongful imprisonment

Police are investigating 51 new complaints of torture and wrongful imprisonment after soliciting cases from an office in the Velaanage building.

The torture investigation committee led by former Defence Minister Ameen Faisal was formed by Presidential decree to investigate torture allegations against former government, and obtain information concerning prison torture carried out during both the current and former administrations.

The office was opened last week following the release of disturbing photographs of tortured victims in custody, and the arrest of former prisons chief Isthafa Ibrahim Manik, who has since been released to house arrest on order of the High Court.

The photos released so far include images of men tied to coconut palms, caged, and bloodied. One of the photos, of a prisoner lying on a blood-soaked mattress, has a 2001 date stamp.

Police Sub-Inspector Ahmed Shiyam said some of the complaints concerned “inhumane activities” and violations of human rights within the prison system, while others related to people “who were imprisoned for a long time without trial, or were kept in custody despite a court order [to the contrary].”

“Most occurred a long time ago, 20-30 years,” Shiyam said. None of the 51 complaints selected for investigation referred to incidents in the last two years, he confirmed, although the office was continuing to seek information on recent cases.

The prisons system has been under particular scrutiny following the disappearance in April of crucial files relating to an investigation into human remains found on the site of the former Gaamaadhoo prison.

“People want to see justice for what happened,” a senior government source told Minivan News at the time. “Human remains were discovered and there is a strong reason to believe that something bad happened. However it looks like the investigation has been compromised.”

Police have since claimed that preliminary investigations revealed planned and systemic abuse of prisoners over a long period of time.

Several members of government, including President Mohamed Nasheed, maintain they were tortured in custody under the former administration.

Former President Maumoon Abdul Gayoom has denied allegations – among others – that incidences of torture occurred during his rule.

“All such allegations of corruption, mismanagement and misappropriation of funds and property are baseless and completely untrue, as are those of torture, repression, and unlawful detention during my presidency,” Gayoom said in a letter to UK Prime Minister David Cameron last year, dated October 17.

“Nearly two years after the MDP government assumed presidency, Nasheed and his government have failed to uncover a single shred of evidence to substantiate any of these allegations,” Gayoom said.

Cases of previous custodial torture can be reported to the government’s investigation committee on the 12th floor of Velaanage, by phone on +960 333 0584 or +960 333 0585, or island police posts.

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Former HRCM Commissioner joins MDP

Former President of the Human Rights Commission of the Maldives (HRCM), Ahmed Saleem has joined the ruling Maldivian Democratic Party (MDP), acknowledging the party’s support for his reelection to the Human Rights Commission of the Maldives (HRCM).

“When I ran for the membership of HRCM, they issued a three-line whip to vote for me. They backed me when I ran for the membership of MBC’s board as well,” said Saleem, who was voted out of the position by the opposition majority parliament.

“I served the government for 42 years yet they rendered me unneeded. But MDP supported me even then.”

Saleem said he had “always held a firm belief in human rights and democracy and I strongly support MDP’s policy on democracy and human rights.”

“I believe that without those political parties will not exist either. I want to make use of what I’ve learned from the human rights field,” he said.

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JSC denies arbitrary dismissal of magistrate, blames affair

The Judicial Service Commission (JSC) has told the Civil Court it removed the former Chief Magistrate of Thinadhoo in Gaafu Dhaalu Atoll, Ahmed Shareef, from the bench because of a previous conviction for having an affair.

In court for the third time this year facing allegations of unconstitutional behaviour, the JSC defended its decision to remove Shareef from the bench in August 2010 by providing the court with a detailed account of Shareef’s previous conviction dating back over a decade.

According to the records, Shareef was sentenced to two months under house arrest on July 30 2001, for having an affair. Shareef and the other person had been engaged in a “connection of love” prior to the case being brought to court in 1998, the records state.

The Criminal Court, which handled the case, was in possession of a photograph taken in Shareef’s house where the pair were alone on a bed. The sentencing judge said the court had determined the image depicted a sexual offence. Initial documents submitted to the court by the JSC to the labelled the other party in the affair as male, however the JSC has since claimed the party was female and that this was a typo.

As Shareef was a first time offender the judge suspended Shareef’s sentence for a period of three years. Which means, Shareef has argued, he did not fail the moral standards required of a judge by the Constitution as was wrongfully determined by the JSC.

Shareef is also alleging that there were a total of 37 judges, including himself, with previous convictions. The JSC removed only six of them from the bench, meaning that there are still 31 individuals with criminal convictions on the judiciary’s benches across the country.

In the Civil Court yesterday Shareef’s lawyer Ahmed Zaheen Adam said he is seeking from the JSC a list of all the judges currently on the bench who have criminal convictions to their name.

He also wants the JSC to furnish to the court details of the said convictions as well as the manner in which the JSC considered details of the offences prior to making the decision to allow them to remain on the bench.

According to papers filed by Shareef, the convicted offenders on the bench were – or are – involved in offences relating to misconduct, fraud, bribery and other crimes.

Shareef wants the JSC to explain the criteria it used to determine who should go and who should stay on the bench in what was intended to be the biggest clean-up in the history of the judiciary last August, required by the 2008 Constitution.

Shareef is alleging that the JSC did not, in fact, have a standardised and pre-determined methodology for deciding which judges were qualified to stay on the bench.

Similar to the allegations made recently against the JSC by two failed applicants to the High Court bench, Shareef has accused the JSC of allowing personal opinion and interest to influence its decisions regarding the fate of members of the judiciary.

Shareef alleges that the JSC paid scant regard to the Constitution or statutory law in dismissing him.

The Judges Act, he has argued, states that a member of the judiciary will be seen as failing to meet the required ethical and moral standards if they had served a sentence for a criminal offence in the seven years previous to his appointment.

Shareef’s conviction was 11 years old when he was removed from the bench on August 5, 2010, and his sentence had been suspended.

The Judges Act was being debated in the Majlis at the time of Shareef’s removal, and was passed five days later, on 10 August 2010.

The 2008 Constitution created and mandated the JSC with bringing the judiciary in line with its new standards designed to meet the values ascribed to by a functioning democracy within two years of the Constitution coming into affect. The deadline expired on 7 August 2010.

Had the passage of the Act taken less time in the Majlis, the JSC would have been in possession of detailed guidelines on if, how and when a member of the judiciary can be removed from the bench, the court heard.

Shareef alleges the JSC deliberately decided not to wait for the legislation to be passed by the Majlis and, in fact, expedited the dismissals to suit members’ own personal opinions and interests.

“Speaker of the Parliament Abdulla Shahid is a member of the JSC, and so is Dr Afraasheem Ali, another MP. How can the JSC in all honesty tell this court that it was unaware of the contents of the impending legislation?” Shareef’s lawyer Zaheen asked.

“It is a shame if lawmakers do not know the contents of their own laws,” Zaneen said.

The JSC pointed out that the Judges Act post-dates its decision to remove Shareef from the bench and argued that it cannot be expected to rely on legislation that did not exist. Nor can it be expected, it said, to pay heed to impending legislation.

Shareef is asking the court to reinstate him on the bench and to order the JSC to reimburse his “full salary and privileges” from August 2010 till now. He is also claiming to have suffered great emotional and financial distress as a result of the dismissal and is also seeking compensation for psychological damages.

The case will resume at the Civil Court within the next 10 days, on a date yet to be confirmed.

Correction: Documents provided by the JSC to the court mistakenly labelled the other party in the affair for which Magistrate Shareef was convicted as another male. The  party was female and the JSC has since claimed this was a typo. Minivan has corrected the error for this story.

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Proposal to lower legal age of juveniles to 16 may contradict UN convention, warns HRCM

The Human Rights Commission of the Maldives (HRCM) has met with opposition Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf after he presented an amendment to the law on protection of the rights of children redefining all persons above the age of 16 to adults.

Currently the legal age of children is all persons above the age of 18.

”In yesterday’s meeting the commission discussed the challenges that we may face in protecting and upholding the rights of children,” the HRCM said in a statement. ”The commission highlighted the importance of providing many of the rights mentioned in the law on protection of the rights of children to all persons below the age of 18.”

HRCM also requested that all persons below the ago of 18 should have all the rights mentioned in the UNICEF’s Convention on the Rights of the Child (CRC).

Mahlouf presented an amendment to parliament to designate only persons under the age of 16 years as juveniles last week, lowering the age limit by two years.

”The purpose of changing the age is due to the significant increase in involvement of minors in crimes sinister in nature, and they cannot be sentenced to the full extent as they are considered minors,” said Mahlouf. ”Although they are considered as minors, they are sometimes very dangerous.”

Mahlouf said he has noted that children of the age 16-18 are more likely to be engaged in criminal activities because many finished their ordinary level education at the age of 16, and most of them did not prefer further studies which was leading them to the wrong path.

Speaking at a DRP rally Mahlouf said according to information he gathered to draft the bill, more than 600 young people have committed or have assisted committing assaults.

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