Tag: law

Rehabilitation and housing vital to combat Male’s youth crime, say police

The Maldives Police Service has backed claims by the country’s Housing Minister that congested living conditions in Male’ are proving to be a major contributor to ongoing youth crime, though the organisation adds that addressing the issue of rehabilitation for young offenders is just as big a concern.

Police spokesperson Sergeant Ahmed Shiyam accepted that high levels of congestion resulting from large numbers of people travelling and settling in the capital has led to little living space for many youngsters, who are being left to aimlessly roam the capital’s streets.

The comments follow claims last week by Home Minister Mohamed Shihab suggesting that escalating crime rates in the capital were a result of insufficient housing conditions that have made young people more susceptible to criminal activity out whilst in Male’.

“When we were young, we could play indoors. We did not have to go out. Now we are forced to go out and meet up with a gang and are caught up in a hassle,” Shihab was reported as saying in Haveeru. “Crime-free places do not exist now. But our living conditions are forcing us to walk into gangs.”

In response to these comments, Shiyam said that the capital is becoming increasingly cramped as more and more people travel to Male’ from outlying islands for work, often leaving young people little alternative than to head out aimlessly onto the streets. It is this aimlessness that the police spokesperson claims young people are increasingly telling officers was the main reason for them running into trouble with the law.

While not every person out on the streets is prone to taking part in criminal acts, in cases where an individual is convicted of involvement in civil disturbances, Shiyam noted that accruing a criminal record for drugs or other civil offences can make it extremely difficult to secure jobs or rehabilitation in the future.

He added that the country’s police force alone is not able to combat these issues, it has launched some programmes in an attempt to rehabilitate young men of between 12 to 14 years of age that have been involved in criminal or possible gang activity.

Some of the schemes being adopted by the police included literally taking young offenders off the streets of Male’ to more secluded island environments in attempts to try and engage different types of learning and cultural experiences.

“Sometimes when we take [young people] to separated and secluded islands, we find these boys do not even know how to pray,” he added.

The police spokesperson explained that additional skills such as computing, photography and art are also being taught to try and encourage a more productive or practical interest in society.

Shiyam claimed the police were having “great success” in running these rehabilitation and activity programmes with young people, although similar programmes with older offenders were not yet being undertaken.

He added that government institutions such as the Ministry of Human Resources Youth and Sports also have similar mandates for providing rehabilitation and activity programmes to try and ensure that young people have options available to them. For those that do get in trouble with the law, the police spokesperson says he remains hopeful that more projects to try to train and rehabilitate young people will be put into practice in the next few years.

It is not just local authorities that are concerned about the impact of Male’s congested housing on young people.

Executive Producer for the Maldives Nation Broadcast Corporation (MNBC)’s Youth TV service, Ibrahim Muaz, said he agreed that congested housing conditions in the capital were certainly exacerbating unrest and discontent among young people.

However, Muaz added that “it was unfair to marginalise young people as the sole perpetrators of crime in the Maldives.”

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Comment: Maldives no paradise for victimised young people

The Maldives is often described as ‘paradise’ or ‘heaven’, or is often described as the most peaceful and most beautiful nation in the world.

We have white sandy beaches, coconut palm trees hanging their leaves to the sea, as seen in the pictures, and the charming view of the sunset.

And this nation is also largely considered by the international community to be one of the best countries for freedom and rights.

Now let’s take a glance inside the so-called ‘paradise’ and see what we find. I am a Maldivian and I love this nation with all my heart. However, the truth will remain as the truth, although most of them try to hide it… forgive me and my words as I continue.

The constitution of the Maldives is just a bunch of words put together in a book with a green cover. In other words, its just an image portrayed to the international community, to show them how much the government pays attention for the rights of the citizens and for the freedom of the citizens. And also to show how democratic the society is.

Believe it or not, we do not have even one third of the rights and freedoms guaranteed in the constitution.

Seeing the chapter on freedom and rights – the second chapter of the constitution – brought comfort to a lot of citizens. Well, it did comfort the citizens before we realised it is guaranteed not for the poor ordinary citizens, but only for the wealthy and high-profile people of the nation.

More than half of the youth are into drugs, one way or another. Either dealing it or using it. You all know this is to be true.

The police have no idea how to deal with this issue. The only solution they apply is intimidation, harsh words, handcuffs and batons.

As a matter-of-fact, police have developed a nasty habit of arresting kids roaming the streets.

Police keep these arrested kids in detention for 23 hours and releases them presenting them face justice. Where is the article 45 of the constitution? Article 45: “Everyone has the right not to be arbitrarily detained, arrested or imprisoned.”

I would like to tell Commissioner of Police Mohamed Faseeh that this is not helping. In fact, it makes the situation of Male’ worse day by day. They cannot be stopped using that method. Think twice Mr Faseeh. If it could prevent the crimes, there would be no more gangs in Male’ because every time police conduct operations, hundreds are arrested and released. The ultimate price of it is ‘nothing’.

Most of the arrested kids are presented with wide opportunities to engage in crimes and gangs during their 23 hours stay behind the bars. The people they meet behind the bars become very friendly.

I have witnessed, on more than one night, kids sitting in public areas being arrested on no charges and being released after 23 hours without being presented to court. Their whole life shatters after being victimised by such a police ‘special operation’.

His family disowns him for bringing disgrace to the family. What other choice does he have? Other than joining the friends police forced him to meet behind the bars?

These kids are helpless. They live in tiny little congested houses with their entire family. They have no place to lie down inside their homes. That forces them to roam around, to sit on public benches. But if they get arrested while sitting there, where is the article 32 of the constitution? Article 32: “Everyone has the right to freedom of peaceful assembly without prior permission of the State.”

I have seen some of them refusing arrest as they have not committed any offense. However, the police warns them they have the power to arrest, and that for demanding for their freedom and rights, one can be arrested for 23 hours.

Our little green book includes the phrases “unlawful arrest” and “unlawful order”. Article 64: “No employee of the State shall impose any orders on a person except under authority of a law. Everyone has the right not to obey an unlawful order.”

In the meantime, the real gangsters have been at large. They have been progressing their work and have built nests not only in the capital city Male’ but also in other islands. It is public knowledge. As a result, there has been a significant and notable increase in the crime rate across the islands very recently.

Crimes are increasing at a steady rate. Gangs spreading their work nationwide.

It’s about time the police took appropriate measures on this issue for sake of the future of our next generation. The political parties and MPs can’t deal with these issues as they are too busy with their own wars.

The law enforcing agency’s pathetic manner of dealing with the issue will never solve it either. The police may think their aggressiveness and hostile actions towards these boys will assist them. If you think so, you’ve got it so wrong.

It only encourages them to challenge the police. If the police confront them thisway, I am sure they would never give up, they would rather suffer a broken rib. Hostile action and aggressiveness is not the answer to our problems. The other day you release them, they will be out there again.

Police officers also need to improve their own ethics before they are sent out to correct others’ mistakes. I have met females who complain that it is common practice for police officers patrolling the streets to stop by and whistle at young woman on the streets. To me that’s inexplicably disgraceful.

Police officers speak rudely, to show people they are powerful. Yes, you are and we know that. We wonder how many lives of innocent kids you will ruin before you catch one single criminal.

The wisest of us Maldivians would leave the country. Do not even think of the word ‘enjoy’ while you are living here. One could be arrested for having a chat with a friend in a public place. When the police say jump, you just ask “how high?”.

The articles stated in our constitution are very sophisticated, but we do not get to taste the sweetness of it. Article 63 of the constitution states: “Any law or part of any law contrary to the fundamental rights or freedoms guaranteed by this Chapter shall be void or void to the extent of such inconsistency.”

So I doubt if the police law is valid. I do not know what will be your perspective. I just exercise my right to express my opinion when I feel it’s time.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Comment: How does Islamic Sharia go against human rights?

On the November 6, 2010, Minivan News published in its Comments and Opinion column an article titled “HRCM and Islamic Sharia,” written by supposedly feminist local writer, Aishath Aniya.

The article is mainly about Aniya’s objection to a suggestion by the HRCM President who said: “Human rights protection can be successfully achieved adhering to the principles of Islam.”

As such, Aniya has made two daring statements.

In the fourth paragraph, she writes: “For a moment, I could not understand what she [HRCM President] was trying to say. Her words suggested that HRCM – the highest authority to safeguard human rights in the country has joined the religious narrative that poses a clear threat to human rights, social justice and economic sustainability of the country.

And, in the fifth paragraph, she continues: “I am quite assured that if HRCM engages within the confines of Islamic Sharia, as it is understood now, we could be a long way from protecting and sustaining human rights in the Maldives.”

I read the article repeatedly. And what I noticed was that other than making a bold— and perhaps, emotional—statement, Aniya could not prove her point.

I also noticed that Aniya may have not done sufficient research. Because when I read the last sentence of the 14th paragraph, I was convinced that she apparently does not know the difference between Sunnah (saying and living habits of Prophet Muhammad (PBUH) and Ijthihad (the process of making a legal decision by independent interpretation of the legal sources, the Quran and the Sunnah).

I understand Aniya’s objection to the adherence of Islamic Shariah. But she has failed to explicitly say where and how Islamic Sharia actually goes against human rights, social justice and the economic sustainability of a modern society.

Aniya has extensively quoted Abdullahi Ahmed An-Na’im, Professor of Law at Emory University School of Law. But it was mainly about the origin of Islamic Sharia, its sources and the developments during the early days.

She has not discussed which Acts of Islamic Sharia are inconsistent with the norm of a modern society, and how.

The two primary sources of Islamic Sharia are the Quran and Sunnah, something Aniya also has acknowledged by quoting An-Na’im. Does she hold a view that the Quran and Prophet’s teaching goes against humanity?

If the objection is to the “traditional interpretation” of Quran and Sunnah— thereby calling for modern interpretation, then who is more appropriate for the task. Should we rely on the view of a single scholar or should we respect the consent of the majority of the scholars?

Aniya is certainly impressed with An-Na‘im work. John L. Esposito, Professor of Religion and International Affairs at Georgetown University has the following interesting comment on An-Na’im’s book, Islam and Secular State: “Although An-Na‘im wishes to present his views from within the Islamic tradition, he also states early on that his arguments are not exegetical in nature and therefore do not aim to interpret traditional Islamic sources such as Qur’an, hadith, tafsir, or legal theory (usul al-fiqh).”

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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ICJ and former UN Special Rapporteurs to help Maldives strengthen judiciary

A delegation from the International Committee of Jurists (ICJ), led by two former UN Special Rapporteurs, will visit the Maldives September 13-18 to discuss a long-term engagement aimed at strengthening the country’s judiciary.

A statement from the Ministry of Foreign Affairs said the ICJ had agreed to work with the government on “a sustainable basis” to strengthen the judiciary and incorporate international standards into national law and practice, and build public trust in the legal institution.

The ICJ mission will be led by Dr Param Cumaraswamy and Dr Leandro Despouy. Dr Cumaraswamy was UN Special Rapporteur from 1994 to 2003 and has held roles including President of the Law Association of Asia and Chairman of the Human Rights Committee of the International Bar Association.

Dr Despouy was the UN Special Rapporteur from 2003-2009 and was previously the President of the UN Human Rights Commission.

The Foreign Ministry described the pair “as two of the world’s foremost experts on matters pertaining to the judicial sector and the separation and balance of powers between the judiciary and the other branches of government.”

During their visit in September the pair will decide the terms of reference for the ICJ’s engagement, and “gather information about the challenges to judicial independence and integrity, and report back with findings and recommendations.”

Minister of Foreign Affairs Dr Ahmed Shaheed said that while the country had taken “important steps” to increase independence and trust in the judiciary through parliament’s appointment of a Supreme Court last week, “Rome wasn’t built in a day and it is important that we, as a country and as a government, think long-term.”

Speaking to Minivan News earlier this month, the President’s member on the Judicial Services Commission (JSC), Aishath Velezinee, called for international arbitration of the judiciary, particularly disputes regarding the reappointment of judges under standards she argued were unconstitutional “and would deprive the nation of an honest judiciary.”

“We need an impartial investigation of what is going on. And I believe the Maldives does not have anyone able to conduct an impartial investigation. We need assistance,” she said.

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Government can’t restrict judges from entering Supreme Court: lawyer Shaheen Hameed

Prominent lawyer Shaheen Hameed has said that the government did not have the authority to restrict judges of the Supreme Court from entering the court, reported radio station SunFM.

Shaheen Hameed is the nephew of former President Gayoom, and has represented current President Mohamed Nasheed when he was arrested by the former administration.

SunFM reported that Shaheen claimed he had lately noticed the armed forces and power of executive attempting to work beyond the laws.

Moreover, Shaheen Hameed claimed the government was influencing the juducial system, an institution stated as independent in the constitution of the Maldives, and that the attempt was “against the spirit of the constitution.”

The government contends that the Supreme Court and the interim judges ceased to have legitimacy on conclusion of the transitional period last Saturday, with the annulment of Chapter 14 governing transitional matters, and has urged parliament to legislate the appointment of a new Supreme Court as a matter of urgency.

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Majlis undermining executive power: Eva Abdulla

The Majlis is undermining the constitutional powers of the executive branch, said MDP MP for Galolhu Uthuru, Eva Abdulla, during yesterday’s Majlis session.

Abdulla gave examples from draft amendments to the Civil Service Act, the Public Finance Act, the Police Act and the newly proposed Atolls Capital bill, which she said were designed to narrow policy options for the executive branch. She condemned the amendments and the new bill. The mandate of the Majlis is to make independent institutions responsible, said Abdulla, but it is now attempting to manage those institutions.

Last week, the Civil Service Act was amended to make Civil Service Commission appointments through the Majlis, which also rejected the government proposed amendments to the Decentralisation Act, and passed a law mandating a change of island capitals on Shaviyani and Kaafu atolls.

Maria Ahmed Didi, MDP chairperson, has said that the encroachments by the Majlis were unconstitutional, and the MDP has claimed that the aim of such amendments and laws was to stop the government’s development projects. However, the DRP has said the amendments and new bills were designed to make government more accountable.

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Islamic education top priority: Moosa Maniku

Islamic education is more highly prioritised than at any other time in Maldivian history, said MDP parliamentary group leader Moosa Maniku during a Majlis debate on a DRP bill to mandate the teaching of Islam and Dhivehi in grades 11 and 12 in the country’s schools.

The DRP bill was proposed for political purposes, said Maniku, and he condemned it. “The constitution very strongly stipulates that Islam as the Maldivian religion and Dhivehi as the Maldivian language shall be protected,” he said. “That’s for all Maldivians, and not for the government alone or for students alone. We do not need another law to respect Islam and Dhivehi in this country. There is no time in our history when Islamic scholars were as free as they are now.”

Laws which aim to limit the policy options for the government are unacceptable, said Maniku, and there are rights which have to be given to people but they cannot be delivered as there is no legal infrastructure for that to happen. It will be better if the Majlis could help people in realising those rights, he said, and the current debate was a waste of the Majlis’ precious time.

DRP members spoke in favour of the bill during the debate. Abdul Azeez Jamaal Aboobakur, a co-sponsor of the bill , said that he had submitted the bill in a personal capacity and his aim was not political. It is important to protect the main pillars of Maldivian society from imminent threats and dangers, he said.

The bill was accepted for further debate and sent to the Majlis committee for national development.

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The Police are the law enforcement agency, not Islamic Ministry and Fiqh Academy: Islamic Minister Baari

The Islamic Ministry and the Fiqh Academy are not law enforcement or investigative agencies, but serve as advisory bodies to relevant government offices, said the Minister of Islamic Affairs Dr. Abdul Majeed Abdul Baari while answering questions from MPs in the Majlis yesterday.

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Islamic Foundation calls for death sentence if apostate fails to repent

The Islamic Foundation has called for self-declared apostate Mohamed Nazim to be stripped of his citizenship and sentenced to death if he does not repent and return to Islam.

Nazim claimed he was “Maldivian and not a Muslim” during a public question-and-answer session with Islamic speaker Dr Zakir Naik, the first time a Maldivian has publicly announced he is not a Muslim.

According to the Maldivian constitution all citizens are required to be Muslim, and the country is always described as a “100 percent” Muslim country.

The 37 year-old angered many in the approximately 11,000-strong crowd with his statement during Dr Naik’s ‘Misconceptions about Islam’ lecture on Friday.

Dr Naik responded that Nazim had read the wrong books and “deviated from Islam”, and requested him “to read correct books on Islam, and Inshallah, you’ll come back to Islam.”

However Nazim did not relinquish the microphone and pressed Naik to clarify the penalty for apostasy.

“In Islam, there are many cases, it doesn’t mean death penalty,” Dr Naik explained. “But if the person who reverts who was a Muslim then converts to and becomes a non-Muslim and propagates his faith and speaks against Islam, and if it’s Islamic rule, then the person should be put to death. But just because a person who is a Muslim becomes a non-Muslim, death penalty is not the ruling.”

Nazim was escorted from the venue by police for his own protection, after members of the audience attempted to attack him.

Police Sub-Inspector Ahmed Shiyam said two men who tried to attack Nazim were arrested after they attacked the police officers protecting him. Nazim himself “was not injured because police protected him,” Shiyam said.

He was taken to a police building where a crowd of protesters had gathered, calling for him to be punished. Shiyam confirmed that Nazim is now being held in an undisclosed location for five days while police investigate “in consultation with the Islamic Ministry and the Prosecutor General’s office.”

Today the Islamic Foundation of the Maldives issued a press statement calling on judges to give Nazim the opportunity to repent “and if he does not, then sentence him to death as Islamic law and Maldivian law agree.”

“The Islamic Foundation believes that the person who announces apostasy should be punished according to Islamic laws,” the NGO said, warning that Nazim represented “a disturbance to the religious views and the religious bonds that exist with Maldivians.”

“Hereby if this man does not do his penance and come back to the Islamic religion, the Islamic Foundation of the Maldives calls to take the citizenship away from this man as mentioned in the Maldivian constitution.”

If case crossed into areas not covered by the laws of the country, “then the judges should rely on Islamic law,” the NGO stated, as per article 142 of constitution which says judiciary shall look into Islamic shar’ia on matters not covered in law, and sentence accordingly.

“So it is requested that the commissioner of police run the legal research on this man and take this to the Prosecutor General’s office. We also request the Prosecutor General to go through this matter and to take this man to the criminal court for trial,” the Islamic Foundation said.

A government official involved in the legal process, who requested that his name and department be kept anonymous, said he was “really worried” and described the case as “a very sensitive subject”.

“Police are investigating the case,” he said. “My understanding is that the court authorities will give [Nazim] opportunities to change his mind. I think he will be given every opportunity to think about his decision.”

Minister for Islamic Affairs Dr Abdul Majeed Abdul Bari told Minivan News that Ministry officials had acted quickly to remove Nazim from the venue “for his own protection”, and had now handed the matter over to the legal system.

“I don’t know if there is a penalty for apostasy according to Maldivian law,” he said.

The Adhaalath Party issued a press statement claiming that the act violated the constitution of the Maldives and called on the government “to strengthen Islam and protect the constitution.”

Religious NGO Jamiyyathul Salaf declined to comment on the matter during a press conference held today on another matter, however NGO Jamiyyathul Musliheen expressed “concern and regret” over the incident.

”Not a few number of Maldivian youths are moving further from the religion, and many of them are going renegade,” the NGO said in a press statement, adding that “it is a responsibility of the government to strengthen Islam in the country.”

President of the Human Rights Commission to the Maldives (HRCM), Ahmed Saleem, said “what happened was really unfortunate.”

“I think the best thing will be to talk to him and to make him understand the situation and the repercussions, talks which HRCM will welcome,” Saleem said.

He said he was unsure how the Maldivian government would handle the incident.

“I’m afraid of the reaction from the international community should we resort to harsh action,” he said. “I don’t think it would be in our interest – we have just been given a seat on the UN Human Rights Council. This is something we need to think seriously about before we start using harsh language.”

Minivan News contacted several local human rights NGOs however they had not responded at time of press.

A senior government source, who requested anonymity, said he felt the case “will be a real test of how the government will abide by its international commitments.”

Press Secretary for the President Mohamed Zuhair was on medical leave and unable to comment.

Minivan News was unable to reach Nazim himself for comment, however a person close to the matter described him as “a very sensible guy who will think of the people around him. But he will not give up on calling for people to be more honest about themselves. I think he will become a genuine refugee if he refuses to take back his words,” she said.

A transcript Dr Naik’s response to Nazim is available here.

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