Man arrested for stealing bananas

A man has been arrested in the early hours of Wednesday for being caught in the act of stealing bananas from a stall at the local market in capital Malé city.

Police informed media that the arrested man is a local, age 34, who has a previous record of drug abuse.

He was arrested by officers who were patrolling the streets of Malé. Police recovered a number of what are suspected to be stolen bananas from his possession.

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JSC vote to proceed after new voter lists brought no complaints

The Attorney General’s Office announced yesterday (July 1) that it had not received any complaints regarding the voters’ list for the election of a lawyer to the Judicial Services Commission.

The Supreme Court last week amended regulations in order to allow previously judges and MPS – previously excluded – to take part in the election of the legal representative on the judicial watchdog.

Subsequently, the office has announced the list to be the final version, placing the number of eligible voters at a total of 788 persons.

According to the announcement, the election will be held in five other islands in addition to capital city Malé – Ihavandhoo in Haa Alif atoll, Kulhudhuhfushi in Haa Dhaal atoll, Veymandoo in Thaa atoll, Fonadhoo in Laamu atoll, and Villin’gili in Gaafu Alif atoll.

In Malé, voting booths will be placed in Arabiyya School on Chandhanee Magu.

The election is scheduled to be held from 9.30am to 3.30pm on July 13.

Five candidates are registered to contest in the election, including former Deputy Prosecutor General Hussain Shameem, former JSC member Latheefa Gasim, as well as lawyers Mohamed Fareed, Mohamed Faisal, and Anas Abdul Sattar.

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No redress, no compensation, no reconciliation

Describing a beating at Maafushi Jail, musician Abdulla Easa said: “Sometimes I felt I was floating, suspended in mid air, going from one officer’s boots to the other.”

Easa was tortured simply for refusing to stand in queue for flatbread.

Prisoner testimonies indicate torture and ill treatment has been widespread and systematic in Maldivian jails.

Officers tortured inmates “just for fun,” said Easa. “For example, when they went out for a swim, they would call out to anyone they liked, “you come.” They would make us kneel down, they would bury you half in the sand, burn you with cigarettes.”

Former journalist Abdulla ‘Fahala’ Saeed, said he saw security officers rip both the clothes and the skin off of one man when they pulled him out after burying him in the sand.

“One morning, a person named ‘Kelaa’ Areef was taken to the beach and half buried in the sand so he could not move at all. At some time he started reciting the Shahadha, saying that he was going to die, then one of the officers said, ‘He is now ‘dhonvefa’ [heated up] Time to take him out’.”

Then two of them held him under his arms and pulled him out, ripping off his clothes and ripping his skin [on sharp coral sand]. He was all bloody. He was unconscious. Then they threw him in the cell.”

Both Easa and Saeed have claimed they saw people die in jail from the torture they receieved.

No redress

But to date, no survivors or families of victims in the Maldives have received any redress or compensation, and there has been no effort at reconciliation at the national level.

Ten years have passed since the Maldives signed the UN Convention Against Torture.

The Torture Victims Association say survivors have no confidence in a “politicised and incompetent judiciary” and are waiting on judicial reform to pursue justice.

Human Rights Commission of the Maldives (HRCM) member Jeehan Mahmoud said difficulties in substantiating claims of torture and a state tendency to protect the accused over the victim have constrained efforts at redress.

However, the recently ratified Anti Torture Act – which heavily penalises torture and assures compensation for victims – is a “big encouragement” to end such practices, she said.

Proving that an individual officer committed acts of torture beyond reasonable doubt may be difficult, but state institutions must he held accountable, Jeehan said, adding that the Maldives needs a reconciliation effort to end a culture of impunity and ensure non recurrence.

No confidence

The TVA has collected 125 statements of torture, and submitted 25 cases to the HRCM on February 6, 2012 – the day before the controversial resignation of President Mohamed Nasheed, himself a well-publicised victim of torture during his time as a pro-democracy activist.

President of TVA Ahmed Naseem said survivors do not believe they will get justice with the present judiciary.

“After all they went through, all the humiliation they suffered, if the courts say this is nonsense, then they will be in a worse situation than before. They will go nuts. We cannot take chances. We cannot afford to humiliate them,” said Naseem.

“People still have nightmares, people’s lives have been destroyed, families have been broken. We cannot let these people down. So we have to wait,” he added.

Naseem suggested enough evidence existed to hold state institutions accountable. The former National Security Services had a punishment book or ‘Adhabu Foi’ which contained details of state sanctioned torture, he said.

But with the return of former President Maumoon Abdul Gayoom’s party to power, there is no longer any political will to address the past, Naseem said. “The culprits are in government now.”

Vice President Dr Mohamed Jameel Ahmed, during a UN Human Rights Council in 2012, admitted to a history of torture, but said: “As a government we believe we have an independent judiciary. We leave it to the victims to invoke these instances before a court of law.”

The government cannot afford compensation for victims, said Dr Jameel – then Home Minister.

The UNHRC has urged the Maldives to set up an Independent Commission of Inquiry to conduct criminal investigations and ensure compensation for all victims of torture.

In defense of the accused

The Maldives Police Services is the only institution in the country with a forensics laboratory, but the HRCM is unable to use forensics services when the police is the institution that stands accused of torture, Jeehan said.

The state hires and pays lawyer fees on behalf of the accused, and refuses to take disciplinary measures such as suspension until investigations are complete.

“The system does not work to protect the victim. Even simple steps, such as suspending the accused until investigations are complete could show the government’s commitment to end torture and brutality.”

The state’s defense of the accused deters witnesses from the accused institution from coming forward, Jeehan continued.

“They are not protected from bullying within the institution either. Documents are lost – and witness statements by all officers match up word to word. The only evidence then are the statements by civilians who saw brutality. With this imbalance, getting redress is a difficult task.”

Former Police Integrity Commission (PIC) President Shahindha Ismail has also said the Maldives Police Services tends to protect its employees when they are accused of brutality.

“There have been cases where evidence has been tampered with. This shows the police, as an institution, does not want to end this culture of brutality. It appears to promote it instead,” she said.

Shahindha also said limited resources and limited powers hamper the state’s independent institutions, noting that the PIC cannot take direct disciplinary action against a police officer accused of human rights violations.

“There is no political will to end torture. Despite a hiatus in police brutality from period 2009- 2011, the culture of brutality was never erased within the institution,” she said.

Shahindha has called on the government to purge employees accused of torture.

Reconciliation

Jeehan said state institutions must recognise victims of torture and offer them compensation, noting that failure to prove torture in the courtroom only exacerbates impunity and a lack of confidence in institutions.

The state must begin public interest litigation on behalf of multiple victims of torture and start a reconciliation effort, she said.

“With civil compensation, even though individuals may not be held accountable, the state institution will be held accountable. It would constitute some form of recognition for the victim, that the act of violence indeed did happen.”

She called for reconciliation mechanisms that allow both perpetrators and victims to deal with the past, as well as acknowledging the suffering caused on a national level.

“It allows society to move on, provides political stability and social coherence. It is a platform that allows society to resolve differences and hold discussions.”

“The younger generations still do not know what had happened in their history – it will provide them with answers. Social coherence cannot exist with all of these unresolved questions,” said Jeehan

Shahindha said judicial reform and political will is required for victims to receive justice.

“This may take a long time. Time for mature politics to be established in the country. Until then, the victims remain victims, caged in their trauma. They cannot be termed survivors until they receive redress.”

The UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul in a 2013 report said unless serious human rights violations of Maldives’ authoritarian past are addressed, there could be more instability and unrest in the country.

“Impunity affects democracy, the rule of law, and the enjoyment of human rights in a radical way, and undermines the people’s trust in state institutions,” read the report.

“States bear a responsibility not only to investigate violations of human rights, but also to ensure the right of victims to know the truth, to provide adequate reparation and to take all reasonable steps to ensure non-recurrence of the said violations. Addressing past violations could help the Maldives move forward and develop the justice system intended in the Constitution of 2008.”

Watch Esa’s testimony here. Watch Saeed’s testimony here.

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Home Minister’s trial delayed as court decides on change of judge

Home Minister Umar Naseer’s scheduled hearing in his disobedience to order trial was postponed today after the Criminal Court was unable to decide on a request to change the presiding judge.

Haveeru reported that it was not yet clear whether Naseer’s plea to Chief Judge Abdulla Mohamed and Chief Justice Ahmed Faiz to remove Judge Abdulla Didi from the case had been granted.

The request came after Judge Didi refused to accept a procedural point raised by Naseer in the previous hearing earlier this month.

Naseer had asked Judge Abdulla Didi to annul Article 8 (a) of the 1968 General Laws under which he is charged, claiming the clause contradicted the freedom of expression guaranteed by the constitution.

Didi ruled, however, that Naseer’s claim does not classify as a point of procedure, ordering the trial to continue.

Naseer’s lawyer Adam Asif has refused to proceed with the trial until Didi’s decision on the procedural matter is issued in writing. Asif has said that Naseer intends to appeal the decision.

Didi said he took Naseer’s refusal to proceed with the trial as a refusal to speak in his own defense.

He adjourned the hearing after allowing the state to present video evidence of Naseer’s speech, and said he would hold one more hearing for concluding statements and issue a verdict in a separate hearing.

On June12, Didi had issued an arrest warrant ordering the police to present Naseer at the court after he missed three consecutive hearings while overseas on official business.

If convicted under Article 88 of the penal code, Naseer faces imprisonment, banishment or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10).

A similar request for a change of judge was granted to Progressive Coalition leader Ahmed ‘Sun’ Shiyam in May after the Maldivian Development Alliance had objected to the manner of the presiding judge in his alcohol smuggling trial.

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President creates Ministry of Law and Gender

President Abdulla Yameen has today created the Ministry of Law and Gender, which is set to oversee all government functions related to families, children, women, people with special needs, and human rights.

These functions, previously under the remit of the Ministry of Health, have resulted in the change of this ministry’s title to the Ministry of Health. Dr Mariyam Shakeela was today sworn in as head of this department.

Among the new ministry’s areas of oversight are the Attorney General’s Office, the special needs facility in Kaafu Guraidhoo, and the Villingili orphanage.

“The Ministry of Law and Gender will further be mandated with tackling the issue of domestic violence, apart from those responsibilities of the Courts and the Maldives Police Service,” explained a President’s Office press release.

The President’s Office revealed that the renamed Ministry of Health will be responsible for all regional hospitals and health centres, the Food and Drug Authority, and blood services.

The minister of health will also oversee the Social Protection Agency, the ‎National Drug Agency, and the Health Protection Agency.‎

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MATATO backs guest house island policy

The Maldives Association of Travel and Tour Operators (MATATO) has endorsed the Thumburi guest house island project, urging its members to take part in the government’s plans.

“MATATO believes this will help target mass charter flights, rather than FIT [Fully Independent Traveller] or small groups, paving the way to bring back major charter operators to the Maldives,” said the group which represents over 50 local travel agents and tour operators.

Only Maldivians will be permitted to invest in such projects, the government has revealed, with priority given to those not yet involved in the industry.

“The concept is similar to the beach lodges in Phuket or Hikkaduwa. Thus, MATATO would like to urge its members to participate in this development opportunity, as it would allow them to grow from mere travel agency businesses to property owners within the process of vertical integration of a travel agency,” read an association press release.

The official launch of the scheme – part of President Abdulla Yameen’s election manifesto – came last week with a call for expressions of interest from small and medium businesses in the Laamu atoll development.

Envisioned as a way to “responsibly diversify the tourism product of the Maldives”, the plans to develop uninhabited guest house islands come after the rapid expansion of guest houses alongside local communities in the past five years.

Some in the industry have, however, questioned the schemes ability to offer the same level of benefit to local economies.

“The association believes this is a good project, worth our attention and promotion, although fine tuning will still be required, as this is a new concept to the Maldives,” said MATATO which also suggested its members could form a consortium for the project.

The Thumburi project will  make land available on the 17 hectare uninhabited island – as well as the linked Hulhiyandhoo island – for investors to develop hotels, a diving school, water sports centres, restaurants and shopping centres, while government owned companies will invest in the island’s basic infrastructure – electricity and sewage.

“Rather than seeking a large scale investment, the current scheme offers smaller investors an opportunity to invest only in specific sub products, or a small block of accommodation similar to that of investing in a guest house,” today’s MATATO press release continued.

Describing the project as “a new concept for a world class brand”, the Thumburi brochure reveals plans for several beach hotels with rooms ranging from US$100-200 – far less than that currently charged by the country’s budget resorts.

The Maldives Marketing and Public Relations Corporation will lead the project and engage with investors who will then market their own products.

Contributing an estimated 80 percent of the Maldives’ GDP and famous worldwide for it’s luxury one island/one resort image, the country’s tourism industry attracted over one million visitors for the first time in 2013.

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MP Musthafa donates flour, sugar, and rice to constituents

Ruling Progressive Party of the Maldives (PPM) MP Mohamed Musthafa has donated a bag of rice, flour and sugar to every household in his constituency for Ramadan.

Musthafa told local media the MVR300,000 worth of donations was intended to help his constituents in Thimarafushi and Veymandoo Islands in Thaa Atoll.

“I do this every year. Before I gave them money. But this time instead of money, I gave them staples so they can use it for Ramadan,” Musthafa told Channel News Maldives (CNM).

He said a majority of Maldivians continue to live in poverty without basic necessities. MPs must take care of their constituents, he said.

Although the public think salaries and benefits of MPs to be excessive, “it is nothing compared to all that the [MPs] have to do,” Musthafa said adding that most MPs are not able to live on their salaries.

The monthly salary of a Maldivian MP is US$7,083 – a figure considerably higher than their counterparts in many developed countries.

Musthafa claimed an MP makes MVR3.5 million (US$22,6537) in each term and said “One has to spend much more than that to even get into the Majlis.”

MP for Thaa Atoll Guraidhoo, Hassan Manik Dhon Manik also donated staples to the needy in his constituency.

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Some schools ignore government’s Ramadan instructions

Some schools in have continued holding classes for grade 9 and under, despite instructions from the Education Minsitry to stop lessons during Ramadan, reports Haveeru.

Local teachers told Haveeru that extra classes have been arranged after consultations between parents and teachers amid fears that the extended break would prevent the completion of the syllabus.

Instances of classes continuing were reported in Gaafu Dhaalu and Lhaviyani atolls.

With less than seven days’ notice, the government last week announced that school sessions would not be held for students in grades 9 and under during the month of Ramadan.

The regulations also said that school sessions for grades 10 to 12 should begin after 9am and should last a duration of three hours per day.

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India provides 74 scholarships to Maldivian students

India will provide scholarships for 74 Maldivian nationals to study in India for the 2014-2015 academic year.

The scholarships will be provided under a number of different schemes including the Indian Council for Cultural Relations (ICCR), which involves all university level under-graduate and post-graduate courses in Arts, Science, Engineering, Commerce, Business Administration and Law.

The Indian High Commission in Malé has described the response to the offer as “overwhelming”:

“The grant of 39 scholarships every year to Maldivian students is an important positive step forward in strengthening and promoting our cultural ties with Maldives, and it also adds another new dimension to the already warm and friendly relations between the two countries, based on mutual trust and understanding,” read a high commission press release.

Noting the longstanding educational links between the two countries, the press release said that 5,530 Maldivians have now completed the Technology Adoption Project launched in 2011 – including 3.053 teacher certifications, 1,674 youth certifications, 803 in ICT related courses.

17 of the ICCR scholarships – which cover all expenses, including international air passages, board, lodging, and internal transport – have already been awarded, with the rest currently being processed.

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