Tag: Maafushi jail

“Torture should not be happening in a democracy,” says Shakir

Torture is a principle area of concern for the Maldives, Minister of State for Foreign Affairs Aslam Shakir has said, appealing for support from the international community.

Shakir delivered his message at the closing ceremony of the National Dialogue on the Implementation of the Optional Protocol to the Convention Against Torture (OPCAT), held last Thursday in the Ministry of Foreign Affairs.

Shakir emphasised that the country needed to improve existing policies for torture elimination, and find new methods to sustain a torture-free Maldives.

Torture was considered a byproduct of former President Maumoon Abdul Gayoom’s government, Shakir alleged, stating that the practice “has no place in the Maldives today.”

“In the past it happened, but we got rid of that government. We are now in a democracy, and in a democracy torture should not be happening,” he said.

The minister called on the international community to provide support: “We don’t the either the funds or the experience to implement the systems we need to improve the issue of torture. The international community  could help us by providing money, personnel and guidance,” he said.

Shakir claimed that the international community had been hesitant to engage with the Maldives on the question of torture.

“Part of the international community thinks that as a Muslim country, we have a tradition of violence and doing things our own way. But we would like them to let us explain our position,” he said. “We are struggling to build a democracy, and we would like the guidance of the international community.”

Former President of the Human Rights Commission of the Maldives, Ahmed Saleem, told Minivan News in an interview last year that the Maldives continued to have a pervasive “culture of torture”.

Former State Minister for Home Affairs, Mohamed Adil, who previously handled the Department of Penitentiaries and Rehabilitation, told Minivan News today that the government was successfully improving human rights issues.

“I would say, compared to the previous government, that we have reduced the issue of torture in the Maldives by 80 percent,” Adil said.

Adil said that even though the number of torture cases in the Maldives had fallen in recent years, it was important to continue working towards a torture-free society. He noted that the communication system between the public and the police had been improved.

“With the help of the Human Rights Commission of the Maldives (HRCM), the public is very much aware of what is happening in the prisons,” said Adil.

Concerns over prison and custodial torture were recently raised when President Nasheed appointed a special commission to re-investigate the 2003 shooting at Maafushi Jail. A source who was present at the time of the shooting told Minivan News that torture was a daily activity for prison guards.

Three of the Maafushi officers, who were convicted in the original investigation but released in 2004, have been put back in jail.

Likes(0)Dislikes(0)

Committee to probe 2003 Maafushi Jail shooting

A second investigation of the 2003 Maafushi Jail shooting has been launched by a special committee appointed by President Mohamed Nasheed and his cabinet.

The committee includes Housing Minister Mohamed Aslam, Attorney General (AG) Abdulla Muiz and Defence Minister Thalhath Ibrahim Kaleyfaan, and will investigate the incident that took place on September 20, 2003 – a watershed moment following the death in custody of Evan Naseem that led to street riots, the declaration of a state of emergency, and ultimately, the introduction of multi-party democracy and the eventual ousting of former President Maumoon Abdul Gayoom.

An investigation was previously conducted by a special commission under former President Maumoon Abdul Gayoom. The censored results were published in January 2004, and 12 prison guards were sentenced to death. Captain Adam Mohamed, the commanding official charged with ordering the shootings, was granted clemency by Gayoom. Subsequently, the sentence of the prison guards was commuted to 25 years in jail.

In June 2011, the case was re-opened and three of the former prison guards, who were living at large, were sent back to jail.

State Home Minister Mohamed Naeem previously told Minivan News that he regretted sending the convicted men back to prison after a long period without clear legal action.

“If [the former administration] had not freed them from prison, by now they would have served most of their sentence and could have even possibly applied for clemency,” said Naeem.

However, he did say that the action of the former administration had not only violated the rights of the convicted, but also those of the victims.

“When the victims who survived that time see these convicted people roaming around the streets, how do they feel? It is unfair for them,” he said at the time.

An individual who was imprisoned at Maafushi jail at the time of Evan Naseem’s death and the prison shootings spoke to Minivan News about the renewed investigation.

“I think they need to find out who ordered the torture of Evan Naseem–was it the highest ranking officer, or a lower officer? This has been delayed too long now. We have to have proper justice to move ahead,” he said.

The source added that a lot of information surrounding the incident had been censored, and said he wasn’t sure that “the right people” had been sent back to prison.

“I think it is wrong for the one who complied with the order to take the punishment. It should be the one who gave the order,” he said.

Former President Gayoom at the time was also Minister of Defence and National Security.

The former Maafushi prison guards involved in the shootings were recently re-arrested for the 2003 event. The source said several senior prison officials had informed him at the time that the order to shoot on September 20 had come from the top.

The shooting occurred after inmates broke out of their cells “to learn the details of fellow Evan Naseem’s death”, the source said.

The source told Minivan News that he could hear people being tortured from his cell, and that he had also heard these sounds on the night that Naseem died. His own cell was secure at the time of the riot.

“This army man was controlling us, and he said it was nothing. But we knew some things were happening. I knew, because I saw people jumping off the wall from my cell.

“When they opened the door to the block to bring the breakfast things we kept asking the guards what was happening but they would tell us nothing. Finally, we asked the guards to please open the gate so we could see, and at that time we saw a lot of people lined up on the beach in handcuffs. By the evening the army came and took control of things. Then, an inmate said ‘let’s burn this place down!’, but I said, ‘No, let’s work to get free. We are not going to burn the prison.’ I told him not to do anything, but he said ‘Let’s use [force].’ I said, ‘Let’s negotiate.’  So we negotiated.”

Following the shooting, 19 inmates and one officer were reported injured, and three inmates were reported dead. 15 of the 20 persons wounded had been shot above the knee.

An English translation of the initial investigation, provided by the Dhivehi Observer on January 24 2004, described the prison break as “not an emergency situation,” and determined that the use of weapons against the inmates was “neither a proportionate response nor a reasonable means of control.”

The report, which was filed by the former administration’s special commission, further stated that inmates were partially excused for the alleged riot “on account of the fact that they were acting on deep grief and frustration and did not appear to intend further harm [other] than demanding an investigation into Naseem’s death.”

Naseem “died due to grievous hurt caused to him by some personnel of Maafushi Jail Security System,” stated the report. The report further notes that inmates at Maafushi Jail had requested to meet with a security officer from the Department of Corrections several times after learning of Naseem’s death. Captain Adam Mohamed was assigned to this meeting, but chose to ignore it; he was the captain that the inmates confronted with their questions during the outbreak. The investigation report states that the captain “did not offer any reasonable response to those questions.”

CCTV recordings of the prison’s Operations Room and the block in which the initial outbreak took place had not been preserved for the investigation, and no Event Log Book had been used by officials, the report claimed.

Likes(0)Dislikes(0)

Adhaalath Party concerned over “second chance” offered to criminals in Maafushi Jail

Adhaalath Party has said it is “very concerned” over the decision made by the President to offer a second chance to more than 400 convicted criminals imprisoned in Maafushi Jail.

‘’Releasing convicted criminals without involving the Parole Board and solely by the decision of the President will disrupt the peace of our society and cause disorder,’’ said the Adhaalath Party in a press statement.

The party said given that the actions of the government in releasing the criminals were “uncivilised” and “undemocratic”, and accused the government of seeking political gain from the release of the convicts.

‘’Offering such an immunity to the criminals, putting aside the rights of  society to security is, the Adhaalath Party believes, a violation of rights,’’ the party said.

Most of the criminals to be offered a second chance were imprisoned for theft and robbery, drug abuse and other ‘serious’ criminal offences, the Adhaalath Party alleged.

‘’It is to be noted that while the government is releasing drug addicted criminals, there is no adequate mechanism to rehabilitate drug addicts in this country,’’ the party said, adding that the decision would not end up with a favorable result despite the government’s efforts to provide the former inmates shelter and job opportunities.

If the government wished to release inmates responsibly, the government should decrease its expenditure and spend money to upgrade the prisons, Adhaalath suggested.

‘’All citizens know that illegal drugs are available in the prisons, and that inmates are testing positive to drugs is evidence that they are not being adequately looked after inside the prison,’’ said the party.

Press Secretary for the President, Mohamed Zuhair, recently said the impending release of close to 400 convicts would not result in a spike in crime rates in Male’.

“Our statistics show that there will be nearly 400 convicted criminals that have been granted a second chance,” Zuhair said. “Out of the 119 people released on a previous occasion only two people had to be taken back to prison for committing an offence.”

Zuhair added that the inmates will be released on the condition that they will be returned to prison to complete the rest of their sentences if they commit any sort of offence in the next three years.

Apart from being hired for government jobs, the released inmates will be required to participate in rehabilitation programmes as well as national service programmes over the next two years.

Likes(0)Dislikes(0)

Reintegration programme begins for 200 convicts in Maafushi jail

A programme to reintegrate convicts to be released from Maafushi prison back into society began with 200 inmates today.

In his address to the nation on Independence Day, President Mohamed Nasheed announced that close to 400 convicts would be offered “a second chance,” given government jobs and gradually reintegrated into society.

MNBC One reports that the first round of the reintegration programme began this morning with 200 inmates chosen for release.

Over 80 percent of inmates in Maafushi jail were incarcerated for drug-related offences.

Likes(0)Dislikes(0)

Three prison guards convicted over Maafushi riot shooting sent back to prison

Three former prison guards sentenced to death by the former administration for shooting at inmates during a prison riot in 2003 have been returned to jail after they were found to be living at large.

Police Sub-Inspector Ahmed Shiyam confirmed that police had received reports that those found guilty were at large and had been handed over to the Department of Penitentiary and Rehabilitation Services (DPRS). He referred Minivan News to the Home Ministry for further information.

Home Minister Hassan Afeef referred Minivan News to the DPRS, while the DPRS referred Minivan News to State Home Minister Mohamed Naeem.

Naeem told Minivan News that the relevant documents showed that 12 of the 13 found guilty were sentenced to death, but former President Maumoon Abdul Gayoom, using Presidential privileges, had commuted their sentence to a 25 year imprisonment.

‘’The 13th person was the head of the prison – he was found guilty but was granted clemency by the High Court, which was allowed according to the then blue constitution,’’ said Naeem. ‘’It was unfair, and violated the rights of many. How come the former President could grant clemency to the head of prisons who ordered the shooting, but imprisoned the officers who did the shooting?’’

Naeem said the documents at the Home Ministry showed that the 12 officers were at first kept in Maafushi Prison until the new prison head sent a letter to the-then Home Minister Ahmed Thasmeen Ali – now the leader of the opposition – that it was unsafe for the 12 to be among the other inmates.

‘’They were then transferred to Dhoonidhoo Prison, and after two months again a letter was sent to Thasmeen from the then Deputy Police Commission saying that there was no lawful grounds for keeping convicts in Dhoonidhoo to implement verdicts,’’ he said. ‘’And that was the end of the document trail. We do not know what Thasmeen said in reply, or how they managed to stay at large.’’

Thasmeen did not respond to Minivan News at time of press.

Naeem said he regretted that the Home Ministry was obliged to send the convicted officers back to prison after such a long time.

‘’They have wives, kids and families, but this had to happen because of the former administration. If they had not freed them from prison, by now they would have served most of their sentence and could have even possibly apply for clemency,’’ Naeem said. ‘’But there is no other choice – it is our legal responsibility to implement verdicts, whoever it is.’’

Naeem said the action of the former administration had not only violated the rights of those found guilty, but also those of the victims.

‘’When the victims who survived that time see these convicted people roaming around the streets, how do they feel? It is unfair for them,’’ he said.

Likes(0)Dislikes(0)

Former head warden Isthafa denies torture allegations, as police appeal for victims to come forward

Former chief prison warden ‘Isthafa’ Ibrahim Mohamed Manik has issued a statement to the media denying torture allegations made against him by police, after the High Court overruled a court warrant extending his detention.

In the statement, Isthafa said he welcomed police efforts to investigate allegations of mistreatment inside the prison, but said the public had been misled that he had confessed to condoning torture and inhumane activities in the prison.

‘’I regret that police arrested me unlawfully against the constitution and against the laws’’ said Isthafa in the statement. “The High Court’s ruling clarifies that I was arrested unlawfully.’’

Isthafa said that while the state was investigating torture activities conducted in the prisons over a long period of time, “I was in charge of the prison for eight years.’’

“I have never ordered the torture of anyone or acted against the law, and neither did my superiors ever order me to do so,’’ he added.

Police arrested Isthafa over the weekend and took him to the prison island of Maafushi, where the island’s court granted police an extension of detention for 15 days. This was yesterday overruled by the High Court, which determined that the arrest was unlawful and that there were no probable grounds to extend his pre-trial detention period.

Today Maldivian Democratic Party (MDP) activists gathered near the President’s Office, the Justice Building and other areas of Male’ calling for the arrest of former President Maumoon Abdul Gayoom, demanding justice for the prison torture they alleged he condoned.

The activists were holding posters and carrying a coffin, claiming that many inmates had passed away as a consequence of inhumane activities and torturous activities they were subjected to.

Meanwhile the Criminal Court last night issued a warrant on Isthafa, banning him from leaving the country for a month.

The torture investigation committee formed by Presidential decree to investigate torture allegations against former government, led by former Defence Minister Ameen Faisal, has meanwhile established an office inside Velaanage’ to obtain information concerning prison torture carried out during both the current and former administrations.

Police in a press statement appealed for the public to report any information they had to the office on the 12th floor of  Velaanage, or to phone +960 333 0584 or +960 333 0585. Outside Male, complaints can be submitted to police posts on the islands.

Police are currently investigating allegations of torture inside prisons under the former administration, claiming that planned, systematic and long-term torture of prisoners had taken place in Maldivian prisons, while records of inmates were incomplete or non-existent.

Allegations of prisoner mistreatment have continued to come from the prisons even after the current administration took power in 2008, and both the government and the Human Rights Commission of the Maldives (HRCM) previously expressing concern over a “culture of torture” than continued to pervade many institutions.

On October 14, 2010, Police arrested a 19 year-old man while he was sitting near his house,  who later alleged that ‘’the whole duty shift’’ beat him using batons and shoes, before he was taken to solitary confinement  where he alleged he was kept in a cross position until his release the next day – without being brought in front of a judge.

On July 21, 2010, a 19 year-old man was arrested in a joint police and Maldives National Defense Force (MNDF) special operation to curb crime alleged officers pushed him into a police bus and blindfolded him with his hands tied with clips.

“They took me to a place and removed my silver ear-rings, my bracelets, necklace and sunglasses,” he claimed. “Then they took me to another place and removed the blindfold, and ordered me to remove my clothes. I refused, but I had no other choice so I did, and they told me to bend over. They harassed me verbally and physically.”

A 14 year-old boy arrested the same day near Giyasudeen School claimed that police treated him the same.

“They took me into a small room and removed the blindfold, and took up a trimmer. I asked them why they had to cut my hair, and they said they were getting me into the religion of Islam. I refused them permission to cut my hair, and I looked at the ground I saw blood all over the floor,” he said. “They started beating me when I refused.”

Another 16 year-old boy who was arrested near Ahmadiyya School said the officers blindfolded and handcuffed him, “and told me to sit down,” he said. “I checked with my hands to make sure there was a chair, and when I touched the chair when I turned to sit down they pulled the chair away. Again they hurt my wound and I told them that it hurt.”

He said the officers asked him to show them his wound, and when he removed his shirt they started hitting the wound and asking whether it hurt.

All were released without charge.

One January 24, 2011, a 17 year-old boy was arrested on Boduthakurufaanu Magu before being driven in a police vehicle to a dark spot near Male’s artificial beach, where he was violently beaten by officers with batons.

The 17 year-old said the squad, consisting of “around 22″ police officers beat him simultaneously with their batons.

On December 29, 2010, inside Maafushi prison, inmates and prison officers clashed with one inmate suffering a broken shoulder, another inmate breaking his nose and third suffering injuries to his eyes because prison officers hit and broke the glasses he was wearing, alleged a person familiar with the case.

The clash allegedly occurred after prison officers did not appear when called to respond to the critical health condition of another inmate.

On April 20, 2010, at least 15 inmates were badly injured in a prison riot in Maafushi Prison.

Most of the cases were reported to the Police Integrity Commission (PIC) but by far no trial or transparent investigation was conducted into these cases.

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

Likes(0)Dislikes(0)

Police officer caught with charged mobile phone batteries in Maafushi Prison

Head of Department and Penitentiary and Rehabilitation Services (DPRS) Mohamed Rasheed has confirmed that a police officer is being questioned for allegedly attempting to smuggle charged phone batteries to inmates at Maafushi prison.

”When he [the police officer] entered through the prison gates, our prison officers suspected that he was up to something,” said Rasheed. ”So prison officers followed him and made sure that something was going with him.”

After the prison officers were sure, Rasheed said prison officers immediately informed the police about the matter.

”Police searched his body and discovered those items on him,” he said. ”We did not search his body because he was a police officer and we thought it would be best to let the police do it.”

Rasheed said that a part of Maafushi Prison had been given to police temporarily to use to keep pre-trial detainees.

Police Sub-Inspector Ahmed Shiyam also confirmed that a police officer was caught with two charged batteries on him.

”We are investigating the case,” Shiyam said. ”Two extra mobile phones were found with him as well.”

In March last year, State Home Minister Ahmed Adil said several jail officers are being investigated on suspicion of helping inmates to bring mobile phones and drugs into cells in Male’ prison.

He also claimed that prison officers were helping inmates to bring in mobile phones and drugs.

Likes(0)Dislikes(0)

Inmates petition President over Maafushi prison conditions

Inmates in Maafushi jail have sent a petition to President Mohamed Nasheed complaining that conditions in the prison have deteriorated to the point where few inmates can sleep.

The petition signed by 236 prisoners claimed that inmates now allocate time to sleep, one after another, on the floor without bedsheets or pillows. The petition also claimed that the inmates do not have good medical facility or a safe environment in which to live.

“Only a few inmates can sleep when it rains,’’ said the petition. ‘’The capacity of the units is for 35 men, but we note that 90-100 inmates are kept in each unit.’’

The prisoner’s petition lists benefits discontinued after the government came to power.

The list of complaints sent by the inmates includes:

  1. Inmates are not given the opportunity to conduct the five prayers, or the Friday prayers.
  2. An increase in the number of issues related to hygiene.
  3. Two doctors working in the prison system are writing prescriptions without identifying the disease.
  4. The government used to provide religious books but this has come to a halt.
  5. Inmates were not receiving 3-7 grams of milk daily that had been allocated.
  6. TVs and radios on which to watch the news and entertain the inmates have been restricted.
  7. Pillows, mattress and bed-sheets were not provided, and were instead appropriated by jail officers claiming that the government could not afford to provide them.
  8. Lightbulb, fans and other electrical products were are restricted and inmates are in pitch darkness at night.

The petition also claimed that the prison still contains inmates convicted for actions which are not crimes under the current constitution, such as several who participated in an anti-government riot in 2003.

On May 13, families of inmates claimed the jail was “in chaos”, with neither the inmates nor jail officers reportedly in charge.

A person familiar with Maafushi jail told Minivan News that the situation was deteriorating daily due to unfulfilled pledges the government made to inmates, and that fights between inmates and jail officers was a daily occurrence.

“Inmates in the cells are demanding fulfillment of the pledges President Mohamed Nasheed made, and the jail officers claim they do not have the budget or power they demand.”

Moreover, he said, inmates were claiming that their parents and family had voted for President Nasheed because of the pledges he made during the presidential elections.

”They claim that half of Nasheed’s votes came from inmates’ families, who voted for the pledge that they will give parole and clemency to inmates,” he said.

Shortly after the new government came to power, Special Envoy to the President Ibrahim Hussein Zaki visited the jail.

”He came and told all the inmates to think that they all were free now,” he said. ”He said that within weeks everyone will be free.”

He added that inmates were very happy about the news but “after days there was no sign of them and inmates became disheartened.”

In protest, inmates staged a hunger strike in December 2008.

”The State Minister [for Home Affairs, Ahmed Shafeeq] visited the inmates, bringing a document signed by the president and told everyone to calm down,” he said. “Then again our families, kids and spouses were happy with the news.”

In October, rioting inmates set Maafushi jail on fire, resulting in violent clashes between inmates and prison guards.

”All the inmates were divided into the damaged cells without even cleaning the place,” he said.

On April 20,inmates in Maafushi jail were badly beaten by jail officers in a prison riot on Sunday morning at around 12:15 am, after they were allegedly asked to go out to the prison yard and kneel on the ground.

A person familiar with the case told Minivan News that the riot was sparked when jail officers entered Unit 7 while everyone was sleeping.

Likes(0)Dislikes(0)

Maafushi jail “in chaos”, claim families of inmates

The country’s main prison in Kaafu Atoll Maafushi is “in chaos”, families of inmates have claimed, with neither the inmates nor jail officers reportedly in charge.

A person familiar with Maafushi jail told Minivan News that the situation was deteriorating daily due to the unfulfilled pledges the government made to inmates.

The source said fights between inmates and jail officers was a daily occurrence.

“It has become the normal situation inside the cells and someone will get hurt. It won’t be a good day without it,” he said.

“Inmates in the cells are demanding fulfillment of the pledges President Mohamed Nasheed made and the jail officers claim they do not have the budget or power they demand.”

Moreover, he said,  inmates were claiming that their parents and family had voted for  President Nasheed because of the pledges he made during the presidential elections.

”They claim that half of Nasheed’s votes came from inmates’ families, who voted for the pledge that they will give parole and clemency to inmates,” he said.

Shortly after the new government came to power, Special Envoy to the President Ibrahim Hussein Zaki visited the jail.

”He came and told all the inmates to think that they all were free now,” he said. ”He said that within weeks everyone will be free.”

He added that inmates were very happy about the news but “after days there was no sign of them and inmates became disheartened.”

In protest, inmates staged a hunger strike in December 2008.

”The State Minister [for Home Affairs, Ahmed Shafeeq] visited the inmates, brought a document signed by the president and told everyone to calm down,” he said. “Then again our families, kids and spouses were happy with the news.”

In October, rioting inmates set Maafushi jail on fire, resulting in violent clashes between inmates and prison guards.

”All the inmates were divided into the damaged cells without even cleaning the place,” he said.

He added that the jail officers continually insist that they did not have sufficient funds.

Inmates did not have pillows, mats, toothpaste, washing powder, enough plates for everyone, enough space for 80 men in a cell and no medication, he said.

”There are no chairs to sit, if the inmates built a chair on their own, MNDF, ESG Force and police will come and give punishments,” he claimed.

Moreover, water given to inmates was not filtered and has led to medical issues.

”But there are not even first aid services there,” he said.

Units with a maximum capacity of 35 was housing between 80 to 90 inmates, he continued.

Further, inmates faced difficulties meeting their parents.

”Former government sent inmates home for three days a month and one month a year,” he said.

He said that sometimes the media said that there were sports and other events conducted for the inmates ”which is not literally how it happens,”

”Only 20 inmates they participate in these events, who are friends and has family relationship with the jail officers,” he claimed.

He said that inmates were counting their days wishing for a day when the president would fulfill his pledges he made to the inmates.

“Day by day Maafushi jail’s condition is going down and inmates have to suffer. Those who sleep on the soft beds, eats on the bigger plates, lives in the bigger houses do not feel what the inmates feel,” he complained.

Response

Director General of Department of Penitentiary and Rehabilitation (DPRS), Ahmed Rasheed, said he had received information about the scuffles after the latest incident last month.

Rasheed said that inmates were provided with mattresses and pillows but they damaged them “when they get angry”.

”To damage something does not take too much time, but to get money to replace it takes a lot of time,” Rasheed explained.

He said the jail was reconstructed after the inmates set the place on fire, but admitted that it was not like as it was before as ”it took several years to built the place like that.”

He said the department was providing all basic necessities and amenities to inmates.

Likes(0)Dislikes(0)