Tag: Maldives Correctional Services

Hospitalised Maafushi inmate requested transfer from cell before assault

An inmate who suffered serious head injuries in a prison fight at Maafushi jail last month requested to be transferred from his cell more than an hour before the assault, according to a one-page report shared by the Maldives Correctional Services (MCS) with parliament’s government oversight committee.

On February 24, Prison Corporal Mohamed Mujthaba, the ranking duty officer at the time of the incident, was informed by guards of unrest in cell number 12 of unit three, wing one, at about 5:25pm, stated the report read out by MCS Lawyer Mohamed Zahir at yesterday’s committee meeting.

Mujthaba questioned the prisoners and was asked by two of the three inmates in cell 12 – Ali Ashwan of Ma. Oasis Villa and Ibrahim Azar of M.Dhodhilige – to be transferred to a different cell.

“However, when [the inmates] were asked to explain the reason for wanting to change cells, they refused to do so until they were taken out of the cell,” the report revealed.

At about 6:00pm, the report stated, instructions were given by Prison Corporal Ali Maaniu, deputy head of the operation and security department, to transfer the inmates.

However, the third inmate in cell 12 – Ahmed Liushan, also from Ma. Oasis Villa – obstructed prison guards who attempted to take the other inmates out of the cell.

Duty-in-charge Corporal Mujthaba then made arrangements to transfer the inmates with the assistance of officers from the Emergency Support Group (ESG).

At about 6:50pm, Mujthaba and the ESG officers made their way to the cell upon hearing a commotion from the unit.

“When they opened the cell and looked inside, Ibrahim Azar was severely beaten. A lot of blood was flowing out of Ibrahim Azar’s head at the time. [Azar] indicated with gestures to the officers that he was assaulted by Ahmed Liushan. In addition, some officers saw Ahmed Liushan attacking Ibrahim Azar when they opened the cell,” the report stated.

The injured inmate was first treated by nurses at the Maafushi jail reception area before being taken to the Maafushi Health Centre.

A doctor at the health centre advised that the inmate be immediately taken to Malé after completing medical procedures, the report continued, whereupon he was sent to Malé on a speedboat with three prison officers and two nurses at around 7:45pm.

The other two inmates in cell 12 were meanwhile kept separately in holding cells for the investigation of the assault.

Commissioner of Prisons Moosa Azim was informed of the incident at 7:02pm, the report stated, whilst the assault was reported to the Maafushi police station at 8:03pm.

A police team began investigating the case shortly thereafter, took witness statements and sought forensic evidence.

Azar meanwhile underwent surgery at the Indira Gandhi Memorial Hospital (IGMH) for multiple injuries to his skull and remains in a coma under intensive care. He had been serving a five year sentence for drug abuse.

“Relevant” officials

Opposition Maldivian Democratic Party MPs on the committee meanwhile contended that prison officers were culpable in the incident as the inmates had been left unsupervised for more than 50 minutes.

Although Home Minister Umar Naseer and Commissioner of Prisons Moosa Azim were told to appear before the oversight committee yesterday, neither attended the meeting.

While Deputy Commissioner of Prisons Hassan Zilal and Superintendent Ibrahim Mohamed were sent in their place, both senior prison officials were unable to answer questions posed by MPs, citing lack of information.

The deputy commissioner informed MPs that he had been on the job for just two weeks and was yet to be given operational responsibilities. Zilal said he was not in Maafushi on the day in question.

Both officials suggested that MPs summon “relevant persons” to clarify details of the incident. Ibrahim Mohamed however revealed that doctors at IGMH had advised MCS that Azar should be flown overseas for medical treatment.

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Home Minister Umar Naseer orders preparations for death penalty

Minister of Home Affairs Umar Naseer has released an order on the Maldives Correctional Services mandating the implementation of the death penalty.

“I order the Maldives Correctional Services [MCS] to implement the death penalty – as sentenced by the Supreme Court – through the use of lethal injection, and to make all necessary arrangements for the implementation of such sentences, and to obtain all necessary equipment for the implementation and maintain the set-up at the Maafushi Prison,” read the order signed by Naseer and made public at a press conference today.

The home minister’s decision comes just days after a death sentence was handed to Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP Dr Afrasheem Ali in October 2012.

The order was received by MCS Commissioner of Prisons Ahmed Shihan at today’s event.

Naseer stated that the order is in alignment with the draft bill on death penalty implementation which the state has made ready for submission to the parliament. He confirmed that advice had been sought from the attorney general prior to the signing of the order.

“We will not wait for laws to be drafted and passed. The law allows for implementation, and it is at the discretion of the home minister to order implementation,” Naseer said, adding that – should a relevant law be passed in the future – the state would then abide by the new laws.

Implementation only after appeals

The home minister further stated that the death penalty will be implemented only after all appeal processes are exhausted. If the sentenced fails to appeal his case, the state itself will initiate all avenues of appeal prior to the implementation of the sentence, he added .

Naseer said that while the order applies to all pending death sentences, and not just the ones that come after the issuance of the order, the state will not seek to expedite any of the existing appeal cases.

“The government will not interfere with the work of the judiciary, either to expedite or slow down a process. The bottom line is, the death penalty will only be implemented once all the appeal processes are completed,” he stated.

“Regulations on how this penalty will be implemented have already been compiled. Media will have access to the centre of implementation, but not will be allowed inside. The MCS now must run training programs for those who will be involved in this work and they will also begin work on establishing the necessary set up,” he continued.

“While this order does not detail a specific deadline for completion of this task, the MCS will have everything ready by the time we will need to implement such a sentence.”

The minister added that, in the case of minors sentenced to death, “I think the rule is to wait till they turn eighteen for implementation of the sentence. It will be done in accordance with international treaties we have signed”.

Naseer stated that, as Home Minister, he would need to sign a specific order to authorise the execution of each individual person sentenced to death.

A source at the Home Ministry stated that, although there are approximately twenty individuals currently sentenced to death, all cases are being appealed at the High Court and have not yet reached the Supreme Court.

Background

While death sentences continue to be issued in the country, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954 for the crime of practising black magic.

In May last year, the UN country team called for the abolition of death penalty in the Maldives, stating: “in view of the country’s more than 50 year moratorium, the United Nations call upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty”.

Earlier in 2013, calls for presidential clemency to be blocked resulted in then Attorney General Azima Shakoor asking the High Court to decide upon the matter.

Azima further drafted a bill in December 2012 favouring the implementation of the penalty via lethal injection. This was met with opposition from religious groups including Jamiyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

In June 2013, Dhivehi Qaumee Party MP Riyaz Rasheed submitted a bill asking for death penalty to be implemented by hanging. The bill was rejected by 26 votes to 18, with no abstentions.

During campaigns for 2013 presidential elections, incumbent President Abdulla Yameen stated that “murder has to be punished with murder”. Yameen revealed that, although he was previously not an advocate of the death penalty, he “had a change of heart” due to “murders that have become too commonplace”.

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