HRCM investigating three cases of alleged torture in Male’ custodial

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

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

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

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

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

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

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

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

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

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

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

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

Systemic and systematic torture

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

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

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

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

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

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

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

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

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

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PPM pledges harsher punishments for assaulting police, ‘obstructing police duty’

Punishments for obstructing police duty and assaulting police officers will be made harsher under a Progressive Party of Maldives (PPM) administration, according to PPM vice presidential candidate and former Home Minister Mohamed Jameel Ahmed, reports local media.

Jameel noted that punishments for those who call for attacking police will be made harsher by amending the Penal Code as part of PPM’s policy for maintaining peace and security.

He pledged that a PPM government would try and ‘wrap up’ all criminal investigations and send them for prosecution within a month, as well as make “major changes” to investigative mechanisms.

“At the end of the party’s first five-year period, mechanisms will be set up to facilitate for prosecution to proceed within 24 hours,” said Jameel.

Surveillance mechanisms will be installed “across the whole Maldives” as well as “state-of-the-art forensic facilities”, he added.

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Investigative “difficulties” prevent holding GIP, DRP, MDA accountable for fraudulent party enlistment: Maldives Police Service

The Maldives Police Service (MPS) is experiencing “difficulties” investigating the 47 cases of fraudulent political party enlistment, with “no way” to hold the respective political parties accountable, reports local media.

Investigations are underway for 46 cases of fraudulent enlistment – including by already deceased people – filed by the Elections Commission (EC) and one individually lodged, MPS Chief Inspector Abdulla Shatheeh told local media.

The fraudulent political party forms include 15 from President Mohamed Waheed Hassan Manik’s Gaumee Ithihad Party (GIP), five from his Dhivehi Rayyithunge Party (DRP) running mate Ahmed Thasmeen Ali, and 27 from prominent businessman and MP Ahmed Siyam’s Maldives Democratic Alliance (MDA).

“Police are finding it difficult to pinpoint the culprits behind the fraudulent forms due to the absence of fingerprints on the forms and the process under which the forms were filled,” said Shatheeh.

“Under such circumstances there was no way to hold the respective political party accountable for the fraudulent forms,” he added.

Thus far only one case with “sufficient evidence” has been investigated and forward for prosecution, Shatheeh noted.

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President expresses “sadness”, JSC “forms committee” over Supreme Court judge sex tape

Police have formally notified the Judicial Service Commission (JSC), the Prosecutor General and President Mohamed Waheed Hassan regarding its investigation into the leaked sex-tape of Supreme Court Justice Ali Hameed.

Still images from the sex tape, allegedly showing the judge committing adultery with an unidentified foreign woman, were circulating on social media networks in Male today.

According to Maldivian law, the crime of fornication is subject to 100 lashes and banishment or house arrest for a period of eight months. However in the absences of witnesses or a confession, video footage is only considered supporting evidence.

The courts regularly issue this sentence, overwhelmingly to women found guilty of extramarital sex. Sentences are carried out in front of the justice building.

Commissioner of Police Abdulla Riyaz has meanwhile confirmed that it was Justice Ali Hameed’s video that is being investigated.

A police spokesperson told Minivan News individuals believed to be involved in the scandal had been either summoned to the police for questioning or had been arrested with a court warrant.

“We are currently investigating two cases concerning the video. One is the case of those who had been using the video to blackmail the people in it, and the other concerns the content of the video,” said the spokesperson.

Asked if there had been any intervention into the case by the JSC – which has previously asserted it has sole authority to investigate matters involving judges – the official said no such communications had been made. He emphasised that “police will not hesitate to take any action as required by law.”

Spy camera video

Last Sunday, a second spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary surfaced on social media networks.

The local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The discussion between the two individual revealed how feuds between politicians were settled through the court even when they did not involve any legal disputes.

In the video, the Supreme Court Justice reveals of devious plots by politicians including one that involved a plot of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,” however due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

In another instance, the alleged Supreme Court Justice further went onto reveal his political ‘hook-up’ with Abdulla Yameen Abdul Gayoom – the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom – claiming that he was one of Yameen’s “back-ups” and that his stand was “to do things the way Yameen wants”.

President Waheed expresses “sadness” over judge’s sex-tape

The video appeared shortly after the arrest of Ahmed Faiz – a council member of President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and then-Project Advisor at the Housing Ministry – while he was allegedly trying to sell a sex tape of a Supreme Court Justice, believed to be the same tape now subject to police investigation.

However, answering a question posed by local media at a press conference on Wednesday, President Waheed said it was a “very sad” thing for such a video to appear in public.

Taking a deep breath, Waheed said that there were “mistakes from both sides”, suggesting that both Justice Hameed and those who leaked the video were at fault.

“If the video is true, that means serious questions are raised against a Supreme Court Justice. However the video was obtained through planning. Making such videos in order to blackmail senior officials of the state is a huge crime,” Waheed said.

Waheed stressed that it was not within his mandate to take action against judges but appeared optimistic that the authorities would take action against the judge and that the matter would soon be resolved.

JSC irresponsible, says commission member

However, JSC’s member appointed from public, Shuaib Abdul Rahmaan did not share the same optimism.

In an interview with Haveeru, Shuaib contended that the JSC should suspend the judge from the Supreme Court bench while the police investigation was in progress.

Shuaib also alleged that the JSC was irresponsible as it had taken no action on the matter.

Speaking to Minivan News earlier, JSC Spokesperson Hassan Zaheen refused to comment on the case.

“Our legal department will analyse the video and if there happens to be a case which the commission needs to look into, then the department will inform the commission members,” he said at the time.

The JSC subsequently established a five-member committee to look into the matter at today’s meeting, after receiving the letter from police. Local media reported that the committee included commission members Latheefa Gasim, Ahmed Rasheed and Abdulla Didi, and two external lawyers: Hussain Siraj and Mohamed Anil.

Shuaib meanwhile alleged the JSC Chair, Hameed’s fellow Supreme Court Justice Adam Mohamed, was attempting to cover up the issue.

“Adam, it seems to me is trying to cover up the whole thing,” Shuaib declared.

JSC goes against precedent set by itself

According to Shuaib he had tried to take the matter to the commission meetings, but the chair had initially refused to put it on the agenda.

Instead, Shuaib said the chair of the commission wanted to make the matter a side table business and discuss it off the record.

Highlighting previous precedents in which the JSC had taken action against judges, Shuaib recalled the time former Civil Court Judge Mohamed Hilmee was arrested by police while indulging in sexual behaviour on the beach in front of the Hulhumale Magistrate Court.

Police at the time reported that  Judge Hilmy and his wife Aminath Ali – who was his girl friend at the time – were discovered by police while in a state of undress.

The pair refuted  the charges but the Criminal Court at the time noted that three police constables who witnessed the act had testified stating that “Aiminath’s underwear and pants were down to her knees” and that Hilmy had his “pants down to his knees” as well.

JSC Chair Adam meanwhile disputed Shuaib’s allegations, declaring that the commission would look into the matter in accordance with set procedures and rules.

Justice Hameed, who according to Supreme Court holds a Bachelor of Shari’ah and Qadhaa (Shari’ah and Law) degree from Ummul-Qura University in Mecca, is yet to face any repercussions over the sex-tape and continues to preside over Supreme Court cases.

His most recent appearance was on Thursday June 27, where he presided over the case involving the Bank of Maldives and DRP Leader Ahmed Thasmeen Ali’s company Kanbaali Faru Investment. The bank had sought to reclaim loans that had not been paid by Dr Waheed’s presidential running mate.

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Police investigating blackmail case involving Supreme Court Judge’s sex tape

Police have said they are currently investigating a case involving sex tapes of a judge alleged used in a blackmail attempt.

A police spokesperson said investigations are in progress and individuals believed to be involved in the case had been either summoned to the police for questioning or had been arrested with a court warrant.

“We are currently investigating two cases concerning the video. One is the case of those who had been using the video to blackmail the people in it, and the other concerns the content of the video,” said the spokesperson.

Asked if there had been any intervention in the case by the Judicial Service Commission (JSC) – who have previously claimed they are the sole authority able to investigate matters involving judges – the official said no such communications were made as of yet, and emphasised that “police will not hesitate to take any action as required by law.”

“In these types of cases, police investigators will look into those behind the blackmailing network, such as who is profiting from it, and will take all necessary actions against those involved,” the official stressed.

The spokesperson added that due to  current laws not being up-to-date with new media and social networks, there remained “slight difficulties” in investigating cases but said that such cases had previously been successfully investigated.

“Our cyber crime department and intelligence department will jointly work in apprehending those involved in blackmailing,” the spokesperson said.

Police urged the public and those who may have been victims of such blackmailing to make use of the police not to give in to the demands made by blackmailers.

Leaked spy camera footage

Last Sunday, a spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary surfaced on social media networks.

The local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The spy camera footage, which carries the date January 24, 2013, shows the pair discussing how politicians have been influencing the judiciary.

The discussion between the two individual revealed how feuds between politicians were settled through the court even when it did not involve any legal disputes.

“Politicians can resolve their failures if they work on it, what the judiciary has to do, what we have to do is when these baaghees (traitors) file cases, we should say, ‘That it is a political matter. That it’s not a judicial issue. It’s not a legal issue. So don’t drag us into this. There is no legal dispute,’” the judge is heard saying.

The discussion also revealed a plot of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,”

However, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

The alleged Supreme Court Justice further went onto reveal his political ‘hook-up’ with Abdulla Yameen Abdul Gayoom – the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom – claiming that he was one of Yameen’s “back-ups” and that his stand was “to do things the way Yameen wants”.

The Justice, despite being in Yameen fraternity, boasts in the video that he was a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

President Waheed’s party implicated

The video came to light shortly after the arrest of Ahmed Faiz – a council member of President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and then-Project Advisor at the Housing Ministry – while he was allegedly trying to sell a sex tape of a Supreme Court Justice, believed to be the same tape now subject to police investigation.

Faiz was subsequently dismissed from his position as a party council member. GIP also in a media release claimed that the party would consider expelling him from the party depending on how the police investigation proceeded.

Faiz, who has been placed under remand detention for 15 days, was also the GIP representative at press conferences of the unofficial “December 23 coalition” of eight political parties that organised a mass gathering in 2011 against the allegedly anti-Islamic policies of former President Mohamed Nasheed.

He was present at a press event of the December 23 alliance on January 8, 2012 where the group announced plans for a “mass symposium” for February 24, 2012. He was also present when opposition leaders met then-Vice President Dr Waheed in his official residence at 1:00am on January 31 – seven days before the controversial transfer of presidential power – and pledged their allegiance to the vice-president.

The ex-council member of GIP also participated in the press conference later that night when opposition party leaders called on the police and army to pledge allegiance to Dr Waheed and “not carry out any orders given by President Nasheed.”

Known to be a close aide of President Waheed, Faiz boasted about his influence within the government as a “close confidante” of President Waheed and that he was in a position to embezzle large amounts of money from MBC and the State Trading Organisation (STO) in a leaked audio clip aired on opposition-aligned private broadcaster Raajje TV.

President’s Office Media Secretary Masood Imad told Minivan News earlier that in light of the developments, Faiz had been sacked from his position in government.

Following the media reporting on the case, JSC Spokesperson Hassan Zaheen told local media that the commission had learned about the video through media reports.

He explained that the legal department would first analyze the video and then decide whether the case was one the commission should investigate.

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No police within 100 feet of ballot boxes, confirms elections commissioner

Additional reporting by Mohamed Naahii and Ahmed Naish

With two months remaining before the Maldives’ second multi-party presidential elections, former President Mohamed Nasheed, the current Maldivian Democratic Party (MDP) presidential candidate, has alleged that police are plotting to ruin the polls under instruction from Police Commissioner Abdulla Riyaz.

Nasheed, who won the Maldives’ first democratic election in 2008, made the allegations during an MDP rally held in the Galolhu ward of Male’ on Sunday night (June 29).

Attempts to influence the polls by the Maldives Police Service (MPS) were one among “a few concerns”, said Nasheed.

During a press conference held today (July 1), Nasheed emphasised his concerns about police influencing September’s presidential election results.

“We are revealing these possible issues only with the hope that the elections commission would take adequate measures to resolve them. The [Elections] Commissioner should only allow police and military officers [in polling places] after discussing with the candidates’ agents and receiving their consent,” Nasheed stated.

“Police should not be able to enter the polling station without an informed decision made unanimously with the elections commission members and agents of the candidates present at the polling station,” he continued.

“MDP members will not allow police or military to go inside polling stations unlawfully,” he added.

Speaking at the rally entitled “People of Galolhu with President Nasheed” on Sunday, the former president stressed that he was strongly convinced that no one could tamper with the election results, and said to ensure elections are free and fair MDP will have more than 1,900 of its own observers at the polling stations.

“According to information I am getting, Abdulla Riyaz is instructing police officers to barge into polling stations upon his signal, after two individuals enter and create a scene. The remedy to this is that we will ensure no police officer can enter the polling station unless approved by the elections commission,” Nasheed declared.

“This is how it is practiced in other places around the world. Police cannot just enter polling stations. Only the voter and elections officials are allowed. That is why, even a Special Operations (SO) police officer cannot go into a voting station on a whim,” said Nasheed.

The second method by which the police will attempt to ruin the elections is intervening during the vote counting process, after claiming that difficulties are being experienced, such as the election being “rigged”, Nasheed alleged.

The former President  reiterated he was confident he would win the election from the first round, predicting that his party would secure 56-57 percent of the popular vote.

“Based on the figures received during the party’s door to door campaign, we are currently able to secure 56 to 57 percent of the voters. From Galolhu, figures indicate MDP getting 73 percent of the vote. We are getting full support from other wards of Male’ as well,” he said.

The Elections Commission outlined some of the key regulations related to concerns regarding police interference with elections.

“Police cannot stand within a 100 foot radius of the ballot box,” Elections Commission President Fuad Thaufeeq confirmed to Minivan News today.

“Police can enter the area only if the Head of Polling Station requests their assistance to control any criminal activity that goes beyond his control,” he continued.

“The role of the police will be to assist the Elections Commission in keeping peace and public safety,” he added.

SO begin MDP arrests on Thinadhoo

Meanwhile, SO police officers have arrested MDP supporters on Thinadhoo Island in Gaafu Dhaal Atoll for allegedly “creating unrest” during President Mohamed Waheed Hassan Manik’s visit to the island earlier in June, according to social media reports and photographs.

“They started arresting MDP supporters today, at least three people so far,” a source from Thinadhoo told Minivan News today on condition of anonymity.

The Maldives Police Service (MPS) decided to station officers of the Special Operations (SO) command on Thinadhoo last week. According to local media, the SO officers will work with the Thinadhoo police station to establish “peace and security”.

The Maldives Police Service had not responded to Minivan News enquiries at time of press.

Police reserve force

President Waheed inaugurated the police special constabulary reserve force at a ceremony today.

The MPS announced plans for recruitment of officers for the special constabulary in May this year, with the new officers to be paid 85 percent of the salary of a regular police officer of the same rank.

At the function, 43 recruits from the first batch were presented documents of employment by President Waheed, after which they were sworn-in as police officers at an oath-taking ceremony.

The oath was administered by Criminal Court Chief Judge Abdulla Mohamed. According to police media, the judge advised the news officers on the importance of respecting oaths.

On June 23, police made an announcement seeking 75 “civil assistants” as non-uniformed personnel for administrative work.

Correction: The previous version of this article said Maldives Police Service officers cannot stand within a 100 metre radius ballot boxes, however it should have read 100 foot radius. Minivan News regrets the error.

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MDP Youth Wing President sues police for “unlawful” confiscation of mobile

The Youth Wing President of the Maldivian Democratic Party (MDP), Aminath Shauna, is suing the Maldives Police Service (MPS) for the “unlawful” confiscation of her cell phone, reports local media.

Her mobile phone was confiscated following her arrest during a July 2012 MDP protest. As her phone was held against a court order, according to Shauna, she is seeking a Civil Court ruling that declares the police action was illegal.

“I was arrested on allegations that I obstructed police duty. After arresting me around 6pm, the [Criminal] court order to confiscate my phone was sought around 10pm,” Shauna told local media. “The court order’s date was stated as July 7, but I was arrested on July 13.”

MPS attempted to return her mobile after she filed the Civil Court case, however Shauna refused to accept the phone until the court issues its verdict.

“I said I will accept the phone only after the court makes a decision on the matter,” Shauna said.

“Moreover, only through the trial I came to know that the police are trying to place terrorism charges against me. But I was arrested on charges of obstruction of police duty,” she added.

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PIC concludes investigation into “brutal and inhuman conduct” by police during power transfer

The Police Integrity Commission (PIC) has declared it has concluded its investigation into all cases of police misconduct during the controversial transfer of power that took place on February 6-8, 2012.

On February 7 an anti-government protest led by then-opposition political parties and religious scholars,   led to a mutiny by a segment of both police and military officers against Nasheed, resulting in his premature resignation from office.

The following day, Nasheed along with the MDP and thousands of people, took to the streets in protest claiming that Nasheed was ousted in a bloodless coup d’état.

However the en masse demonstration met a brutal crackdown from both police and military officers during which MDP MPs and members of the public sustained injuries.

During a parliamentary inquiry by the Parliament’s Executive Oversight Committee (EOC), the PIC claimed that actions by police during the mutiny which led to the change in government were  unlawful and amounted to crimes worthy of prosecution by the state.

PIC Vice President Haala Hameed said during the session that the PIC had identified 29 cases of police misconduct, out of which cases concerning six police officers had been sent to the prosecutor general (PG) for prosecution.

The PIC at the time claimed it had urged then-Home Minister Mohamed Jameel to suspend the officers immediately, however the request was not adhered to, and instead at least one of the accused was promoted.

Hameed said the commission had failed to identify the police officers in five of the remaining cases while 11 other cases lacked supporting evidence. She also said the PIC was still investigating seven cases of police misconduct during the transfer of power.

“These are not disciplinary issues, but crimes. Aside from sending cases to the Prosecutor General, we also recommended the Home Minister suspend these officers, because of the delays in prosecution. We believe these officers should not be serving in the police,” Hameed said.

However in an interview with local media on Monday, President of the PIC Abdulla Waheed said the commission had investigated a total of 20 cases of police misconduct that took place on February 6,7 and 8.

Waheed said these included cases initiated by the commission itself, and cases investigated based on complaints filed at the commission, out of which only two are pending at the moment.

Out of the 20 cases, 12 cases concerned police brutality during the crackdown on protests and during the events that unfolded, while eight concerned issuance of unlawful orders, obeying unlawful orders and officers failing to comply with the law while on duty, said Waheed.

“There are very serious issues in these cases. They include brutal and inhuman conduct by police officers,” he said.

Waheed also claimed that it had sent cases of four police officers to Prosecutor General (PG) office for criminal prosecution. He added that out of the four officers, three were commissioned officers however he declined to reveal any names.

The PIC Chair also said that while there remained cases filed on allegations lacking any basis, the cases that needed to be investigated had now been completed and sent to the PG while at the same time the commission would also send recommendations to address issues with the police to Home Ministry.

“We will address the issues highlighted in the recommendations made by independent institutions and the Commission of National Inquiry (CNI) report. There are no cases being investigated regarding the events of February 6 and 7,” Waheed said.

Some police officers are currently facing criminal charges for their misconduct during the events including two police officers who had allegedly assaulted and attacked opposition Maldivian Democratic Party (MDP) MPs Mariya Ahmed Didi and ‘Reeko’ Moosa.

Police Officer Ibrahim Faisal is currently being charged for attacking Mariya Ahmed Didi on February 8 while another officer, Mohamed Waheed, is also facing criminal charges for assaulting MDP Chairperson ‘Reeko’ Moosa, hitting him on the head with a metal canister.

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President Waheed meets with Sri Lanka’s inspector general of police

Sri Lankan Police Inspector General N. K. Illangakoon today met with President Dr Mohamed Waheed during a visit to the country.

According to the President’s Office website, Illangakoon discussed methods of strengthening collaborations between the respective police forces of both countries at a meeting in Male’ this morning.

President Waheed also thanked the inspector general for the ongoing support he said Sri Lanka had provided to help strengthen policing in the Maldives.

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