Tag: maldives

Amnesty calls for moratorium on flogging in Maldives

Amnesty International has called upon the Maldives to establish a moratorium on flogging, and to annul all convictions for the crime of fornication.

The human rights NGO has made the recommendations as part of its submission for the 60th session of the Committee on the Elimination of All Forms of Discrimination against Women later this month.

“Laws criminalizing ‘fornication’ or ‘adultery’ can act as a deterrent to women and girls reporting rape because they fear being prosecuted if their allegations are not believed,” reads the submission.

The committee is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

In its submission for the UN Human Rights Council’s Universal Periodic Review, released last month, Amnesty argued that human rights in the Maldives in general had deteriorated over the past four years.

While having ratified CEDAW in 1993, the Maldives has maintained reservations to any provision which may contradict the principles of Islamic Sharia enshrined in the country’s Constitution.

“As frequently highlighted by UN treaty bodies and UN Special Procedures, including CEDAW, flogging constitutes a cruel, inhuman or degrading punishment and the criminalization of fornication is a violation of the rights to privacy and bodily autonomy,” said Amnesty.

The NGO reported that attempts to gain statistics of the incidence of flogging from the Prosecutor General’s Office had been unsuccessful.

New regulations for flogging introduced by the Supreme Court last October noted that the offender must be of sound mind, must not be pregnant, and must not have an illness that could endanger his or her life due to flogging.

Moreover, a sentence for flogging must be implemented after the convict has either exhausted the appeal process or declined to appeal the verdict in the specified period.

Information previously made available by the Department of Judicial Administration showed that, while applicable to both men and women, flogging is largely discriminatory against women in practice.

“In 2013, the office of the Prosecutor General told Amnesty International that convictions were primarily based on confessions, and that if the accused denied the allegations, the charge of ‘fornication’ would normally be dropped,” read the report.

“The office said men usually denied such allegations, and were therefore not charged. This was also true for some women, unless they had become pregnant or were under pressure from their communities. In such cases they admitted to the allegations and were charged.”

Additionally, Amnesty’s submission to the committee recommends that the Maldives bring laws on rape and other forms of sexual violence into line with international human rights standards.

Amnesty also called upon government to investigate and prosecute all allegations of rape and other forms of sexual violence and ensure that anyone who reports rape or other forms of sexual violence is provided with appropriate support services.

While polls conducted in recent years suggest that two thirds of Maldivians would support a moratorium on the practice, public criticism of the practice has caused unrest.

After UN High Commissioner for Human Rights Navi Pillay called for a moratorium while speaking in the People’s Majlis in 2011, protesters gathered outside the United Nations Building in Malé, calling for her arrest.


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Gasim defiant as opposition sign agreement to defend Constitution

Opposition leaders have attacked the leadership of President Abdulla Yameen as the Maldivian Democratic Party (MDP) and Jumhooree Party (JP) officially signed an agreement to defend the Constitution.

“It is becoming too apparent that President Yameen is headed towards establishing a dictatorial rule,” said former President Mohamed Nasheed at the signing ceremony in Malé’s carnival area on Thursday evening.

JP leader Gasim, meanwhile, railed against persistent attacks on his business interests as more reports emerged of setbacks to the Maamigili MP’s personal investments.

“President Maumoon [Abdul Gayoom] can laugh but tell me which part of the Constitution allows the state to seize people’s property and businesses unfairly and unjustly, without even compensation?”

Former President Gayoom last week suggested that talk of defending the country’s Constitution made him laugh, arguing that the current government has not violated the document.

The opposition has accused Yameen’s administration of breaching the Constitution, in particular through the removal of the auditor general and two Supreme Court judges late last year.

The live feed to Thursday’s ceremony- supplied by Gasim’s VTV – was cut prior to the event, with reports that the cable had been vandalised. The transmission was subsequently provided via the MDP-aligned Raajje TV.

Home Minister Umar Naseer has this afternoon (February 7) announced his decision to leave the JP as result of the party’s “new course”.

Gasim defiant

Former Yameen ally Gasim challenged his opponents to take his assets, suggesting the government had no legitimacy following the withdrawal from the Progressive Coalition.

“You were elected with my support. I can guarantee you that you will not receive 51 percent of Maldivian votes. Forget it.”

Gasim’s eventual support for the Progressive Party of Maldives (PPM) candidate Yameen – a decision his party said had been made democratically by its council at the time – tipped the balance in the much-delayed 2013 presidential poll.

The JP’s national council officially announced the end of its alliance with the PPM last month – in effect defunct since Gasim’s decision to stand for Majlis Speaker in May – handing its leader the authority to strike an alliance with the MDP.

The JP’s opposition to key government legislation last year saw Gasim receive setbacks to his businesses, as well as physical threats against his person – both of which the party blamed on Gasim’s former political allies.

“You can seize everything, take it. Take it. After all, things can only be taken from people who have them,” he told those at Thursday night’s rally.

“Yameen, do not think that a well-built man can come and shoot me with a gun. No, No, No. I am not afraid even one bit.”

Former President Nasheed also addressed those present – including senior representatives from both parties.

Nasheed reiterated suggestions that the repeated failure of governing coalitions demonstrated that a parliamentary system was required for the Maldives.

“The Maldivian people want a parliamentary system of governance, a system without a president who is too powerful, a system in which a coalition of political parties can govern,” said Nasheed.

In a 2007 referendum, approximately 62 percent of the public backed the presidential form of governance ahead of the country’s first multi-party elections.

At the time, both the MDP and President Yameen’s former party, the Progressive Alliance, supported the parliamentary system, while then President Gayoom supported a presidential system.

Nasheed’s own electoral coalition – which included Gasim’s JP – fell apart soon after his 2008 election, with the subsequent anti-government alliance forcing his resignation in February, 2012.

The agreement

Thursday night’s rally saw the distribution of the agreement, which pledges to “defend the spirit of the Constitution and do everything necessary to guarantee the rule of law”.

The agreement pledges to prevent the passing of any propositions in the People’s Majlis against the letter or the spirit of the Constitution, both inside and outside of the Majlis.

Together, the two parties control 34 seats in the 85-seat legislature, although MDP internal party discipline had been a decisive issue in recent votes – most notably in December’s vote to remove Chief Justice Ahmed Faiz and Justice Muthasim Adnan.

The agreement pledges that the parties will cooperate to hold the government accountable for Constitutional breaches, as well as working to defend those subjected to intimidation by the authorities.

Signatories to the agreement pledged to: “investigate and cooperate to bring an end to Government intimidation against the general public, journalists, state owned companies, employees, business leaders, youth, independent institutions, and politicians”.

To these ends, the parties agreed to form an Inter-Party Commission and a joint parliamentary committee within ten days,


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Avaaz petition urges government to find those behind Rilwan’s disappearance

Social activist website Avaaz has called upon President Abdulla Yameen and his foreign minister Dunya Maumoon to identify those involved in the disappearance of Minivan News journalist Ahmed Rilwan.

“We call on you to ensure a thorough investigation into the disappearance of Minivan News journalist Ahmed Rilwan and bring to justice all those involved in his alleged abduction,” read the petition launched this week.

Avaaz – which means ‘voice’ in various languages – is urging Maldivian authorities to protect free speech in the Maldives and to address the threat of violent extremism.

A private investigation into the 29-year-old’s disappearance implicated radicalised gangs, while – despite a lack of progress in the search – the home minister has acknowledged gang involvement.

Avaaz campaigns in 15 different languages, claims over 40 million members in 194 countries, and has been described as the “globe’s largest and most powerful online activist network” by the UK’s Guardian newspaper.

Rilwan’s brother Moosa told the organisation that he had turned to them after fearing that Maldivian authorities were doing nothing to aid the search.

“Rilwan was a brave journalist who exposed the dangerous Islamic radicals operating in these paradise islands and who had issued many death threats to my brother. But many of these extremists have links with ruling politicians and that’s why the police are not moving on Rilwan’s case,” suggested Rilwan.

Similarly, speaking with Minivan News on the occasion of Rilwan’s 29th birthday last month, his mother Aminath Easa said she was convinced her son was a victim of a coordinated abduction.

“The police will look for him and find him if their superiors order them to do so. I believe government officials are complicit in this case,” said Easa, aged 67.

Friends and family of Rilwan take part in the second 'Suvaalu March' on January 8

International pressure

After suggesting opposition groups, friends, and family of the journalist were obstructing the investigation, authorities have assured that the search continues six months after Rilwan was last seen at the Hulhumalé ferry terminal – shortly before witnesses reported a man being forced into a car outside of Rilwan’s apartment.

Commissioner of Police Hussein Waheed told the media last month that the search was continuing without “interruption or boredom”, though he declined from revealing specifics, saying that information previously circulated by sources had “cast a shadow over our work”.

While foreign minister Dunya has previously spoken out about the case, noting the importance of protecting free speech, President Yameen has yet to comment on the matter beyond a brief remark made shortly after the disappearance.

Rilwan’s brother told Avaaz that international pressure was the only thing that would make the authorities act, noting the country’s heavy reliance on the billion dollar tourism industry.

“This Sunday [January 8] it will be 6 months since Rilwan disappeared. When we get to 50,000 signatures, Avaaz will take out ‘Missing person’ ads in major Maldivian newspapers and launch a massive media awareness campaign on the extremism and corruption in my beautiful islands,” said Moosa.

“Please join my family’s search for Rilwan.”

Avaaz previously launched a Maldives campaign in March 2013, calling for the flogging sentence given to a 15-year-old rape victim to be rescinded.

After 2 million people signed the petition, the High Court overturned the sentence in August 2013.

Deputy Minister of Tourism at the time of the first petition Mohamed Maleeh Jamal – now minister of youth and sports – called the campaign’s motive “dubious”.

Meanwhile, then President Dr Mohamed Waheed – to whom the petition was addressed – thanked the international community for its concern but warned against calls for a tourism boycott.

In response, Avaaz Executive Director Ricken Patel denied a boycott had been called for, suggesting that tourists had the right to know the issues of countries they intend to visit.

“Around the world people are interested (and have a right to know) what kind of systems they’re supporting with their tourism dollars, and to make their holiday decisions accordingly,” said Patel.

Sign the petition here

(PHOTO: RILWAN’S BIRTHDAY EVENT, JANUARY 18, 2014; MINIVAN NEWS ARCHIVE)


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Q&A: “With patience, until I die” – Rilwan’s mother vows to continue the search

“Horror in paradise”: Avaaz launches campaign to target Maldives’ tourism reputation over flogging sentences

MDN investigation implicates radicalised gangs in Rilwan’s disappearance

“Not all crimes in the world are solvable”: Home minister says on Rilwan’s disappearance

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Opposition questions PG’s independence as Gasim comments investigated

The Jumhooree Party (JP) and Maldivian Democratic Party (MDP) have questioned the independence of Prosecutor General (PG) Muhthaz Muhsin.

Speaking at a joint press conference today, JP Deputy Leader and former transport minister Ameen Ibrahim said that Muhsin had become “someone who just rings a bell when a certain party asks him to”.

Muthuthaz told media outlets yesterday that his office was looking into comments made by JP leader Gasim Ibrahim regarding the recently resumed hearings in the MDP leader Mohamed Nasheed’s case against the assembly of the Hulhumalé Magistrate’s Court bench.

The conclusion of the High Court case – stalled since April 2013 – would clear the way for Nasheed to be tried for the 2012 detention of Criminal Court Chief Judge Abdulla Mohamed.

Speaking at press conference at JP’s headquarters in Maafannnu Kunooz last night, Gasim called upon the PG to retract the case against the former president, saying he had already been punished for the judge’s detention by choosing to step down after being given a public ultimatum of releasing the judge or resigning.

The PG swiftly responded by saying that Gasim, as an individual citizen, could not ask for the retraction of a criminal case, accusing him of going against the spirit of the Constitution.

“Gasim is saying that the public offered Nasheed an ultimatum to resign or release Judge Abdullah. However, it is illogical that Gasim is saying that by resigning Nasheed has been punished for arresting the judge,” Muhsin told Haveeru.

“Are we to believe that if the police commissioner resigned tomorrow after illegally arresting a lot of people, that he has been punished?” he asked.

He further criticised Gasim, saying that he would not have a problem if the argument had been made from an academic background: “However, I am not aware that Gasim has the academic background, I see the talk as political.”

Gasim’s legal opposition to the first round results of the 2013 presidential elections – praised by international observers – led to their eventual annulment, before his endorsement of Abdulla Yameen brought the Progressive Party of Maldives’ candidate’s victory.

Muhsin was appointed in July last year, more than six months after the previous post-holder Ahmed Muizzu resigned shortly before parliament was set to debate an MDP-initiated no-confidence motion against him.

Muizzu was criticised by the MDP for failing to take action against mutinying police and military officers, who Nasheed has alleged caused him to resign under duress on February 7, 2012.

Speaking at today’s press conference, MDP Chairperson Ali Waheed condemned the remarks made by Muhsin, pointing out that Gasim was the biggest businessman in the Maldives who has set up one of the few higher educational institutions.

Meanwhile, a press statement released by Nasheed’s lawyers today noted that freedom of expression is a fundamental right guaranteed in Article 27 of the Constitution, as long as it does not go against the tenets of Islam.

“We urge the prosecutor general to not take any action against the Constitution, by taking action against honorable Gasim Ibrahim expressing his opinion under rights guaranteed in Article 27 of the Constitution,” read the statement.

The MDP-JP alliance to defend the Constitution began with MDP pledges to defend the Maamigili MP from attacks on his person and business.

Minivan News was unable to obtain a response from the PG’s Office regarding the matter at the time of publication.


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When thirst became a crisis in Maldives: Business Standard

“On December 5, the Indian Railway Catering and Tourism Corporation (IRCTC) received a phone call from the Union external affairs ministry, routed through the railway ministry,” recalls Jyoti Mukul for India’s Business Standard.

“It was not a usual communication but a direction to pull out something as basic as drinking water to meet a diplomatic call.

A day earlier, the Maldivian capital of Male had experienced a crisis. Its only desalination plant, which supplies drinking water to citizens after treating sea water, had caught fire. It, indeed, was a disaster for the island nation; India offered help and so did China and Sri Lanka.

Since the sea route would take at least four days, the quickest relief was to air-lift drinking water from India and take it to Male.

The need to rope in IRCTC, Indian Railways’ government-owned catering and tourism company, was felt.”

Read more

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Government and opposition send messages to mark Sri Lankan independence

Both the government and opposition have extended felicitations to the people of Sri Lanka on the occasion of the country’s 67th Independence Day.

President Abulla Yameen sent messages to the newly elected President Maithripala Sirisena, and his Prime Minister Ranil Wickremesinghe, extending good wishes from the people of the Maldives.

Meanwhile, the opposition Maldivian Democratic Party released a statement noting that Maldivians have always followed development in Sri Lanka, saying that “progresses in foreign and political affairs [in Maldives] have always reflected developments in Sri Lanka.”

“The Maldivian Democratic Party joins our cousins in Sri Lanka in reflection that this Independence Day holds much significance, as it reflects a history of great sacrifices made by many Sri Lankans in the attainment of its freedom,” said party Spokesman Hamid Abdul Ghafoor.

President Sirisena inflicted a surprising defeat on the ten-year incumbent Mahinda Rajapaksa in last month’s presidential polls.

Sri Lanka gained independence from British rule on February 4, 1948. The Maldives will itself celebrate 50 years since it gained total independence from the British Empire on July 26 this year.

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Transparency reviews the Majlis in 2014

Transparency Maldives has published its 2014 Majlis review, reporting that 10 bills were passed in 59 sittings of the 18th People’s Majlis.

Of the 85 members elected to the expanded parliament in March, only 16 have had a flawless attendance record since, with an overall attendance figure of 90 percent.

The members from the opposition Maldivian Democratic Party (MDP) had the worst average attendance of the three main parties – 85 percent, compared with the Jumhooree Party’s (JP) 91 percent and the ruling Progressive Party of Maldives’ (PPM) 93 percent.

It was the Maldivian Development Alliance leader, and Progressive Coalition member, Ahmed ‘Sun Travel’ Shiyam who had the worst attendance of any MP, appearing at less than half the sessions, reported Transparency.

Other than the Adhaalath Party, for whom Makunudhoo MP Anara Naeem is the only MP, Siyam’s MDA was the only party whose representation in the 18th Majlis has remained stable.

Despite winning 33 seats in the March polls, the PPM has now gained an additional 11 MPs, while its former ally the JP has a net loss of 2 seats.

After winning a disappointing 26 seats in the house, the MDP lost 4 MPs to opposition parties as well as expelling Majlis Deputy Speaker ‘Reeko’ Moosa Manik from the party.

Legislation

The most important legislative changes brought by the Majlis in 2014 were the Anti-Money Laundering and Counter-Terrorism Financing Act, the new Penal Code, the Special Economic Zone Act, and amendments to the Judicature Act.

The report describes the benefit of the money-laundering bill as preventing terrorism financing, kleptocracy, narco-trafficking, human trafficking, illicit arms trafficking, counterfeiting currency, corruption, and transnational organised crimes.

“Money laundering has potentially destructive social and economic consequences. It allows criminals such as drug traffickers, corrupt officials, and transnational organised crime syndicates to introduce illicit proceeds or ‘dirty money’ into legitimate finance streams as legal funds,” explained the anti-corruption NGO.

The new penal code – to be introduced in April this year – represents the culmination of 10 years’ work and will replace an old code that has been described by legal experts as obstructing the course of justice due to its “outdated” nature, read the review.

“In April 2004, the new penal code was finally passed, making it the first modern, comprehensive penal code in the world to incorporate the major tenets and principles of Islamic law.”

Parliamentary group attendance

The report described the government’s flagship Special Economic Zones Act as laying “an edifice for economic, industrial, social, financial and infrastructural development.”

“It allows economic activities to be carried out under a relatively liberal manner through tax exemptions to investors and developers.”

Despite the promise of major ‘transformative’ investment – yet to be realised, the opposition has argued that the bill will “allow the government to conduct transactions broadly with no transparency and no opportunity for oversight, as a result of which the possibility of losing the country’s independence and sovereignty would be high”.

The SEZ was passed in August in the face of 300 proposed MDP amendments.

Appointments and dismissals

Regarding the changes to the Judicature Act – which facilitated the removal of two Supreme Court judges – Transparency’s report pointed out its previous concerns over the “political influence on the judiciary in the Maldives”.

Amendments requiring the reduction of the bench from seven to five in December saw the JSC swiftly select Chief Justice Ahmed Faiz and Justice Muthasim Adnan in a decision marked for its lack of transparency.

The Majlis’ subsequent approval of the pair’s dismissal was described as a “black day for the constitution” by Faiz, while UN Special Rapporteur Gabriella Knaul predicted a “chilling effect” on the work of the judiciary.

Finally, the review of the Majlis’ work for 2014 noted the appointment of a number of key figures, including Prosecutor General Muhuthaz Muhsin – appointed after political wrangling saw the constitutionally mandated deadline for filling the position missed by six months.

After the Supreme Court removed the Elections Commission’s senior leadership less than a month before the Majlis elections, MPs appointed Mohamed Shakeel and Ahmed Sulaiman to the commission in November. They were also joined by Ismail Habeeb Abdul Raheem and Amjad Musthafa in receiving Majlis approval.

The Majlis appointment of President Abdulla Yameen’s nomination of Hassan Ziyath as the new auditor general in November was also a source of controversy, with outgoing auditor general Niyaz Ibrahim arguing that his removal had been unconstitutional.

Niyaz was ousted as a result of last minute changes to the Auditor General’s Act, proposed to the the Majlis by the PPM on the same day the audit office published a report implicating tourism minister and deputy PPM leader Ahmed Adeeb in a US$6 million corruption scandal.


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Murrath tells court he was coerced into murder confession

Ahmed Murrath – the man sentenced to death for the 2012 murder of prominent lawyer Ahmed Najeeb – has told the High Court today that he was coerced into confessing by the police.

Speaking at his appeal hearing, Murrath was reported as saying that police threatened to arrest his parents before instructing him on what to say during his Criminal Court trial.

“The police even poked at my feet to remind me what to say while I was at the court chambers,” Haveeru reported the 29-year-old as telling the court today.

Murrath and his girlfriend Fathimath Hana, 18, were arrested and charged with Najeeb’s murder after his body was discovered by police stuffed inside a dustbin, badly beaten with multiple stab wounds.

Though she did not confess to murdering Najeeb, Hana was also found guilty of the crime and sentenced to death, less than a month after the murder. She has also filed an appeal case at the High Court and is awaiting trial.

Murrath had previously confessed to having killed Najeeb, saying the crime had been committed in a fit of rage, and under the influence of drugs, suggesting Najeeb had attempted to sexually assault his girlfriend.

His lawyer had previously told the High Court that Murrath confessed in order to escape punishments he received during the investigation period, including sleep deprivation.

In addition, the lawyer said his client’s responsibility was diminished due to the influence of drugs, and that he had the right to retract his confession as there were no witnesses to the crime.

Murrath’s appeal case was filed after the previous 90-day appeal deadline had expired, however the high court still chose to accept the case.

Meanwhile, in a ruling deemed unconstitutional by legal experts and the political opposition, the Supreme Court has shortened the appeal period to just 10 days.

Last year, the cabinet advised President Abdulla Yameen that there was no legal obstruction to implementing the death sentences, after Home Minister Umar Naseer ordered an end to the 60-year moratorium on executions.

The order closely followed the conclusion of the Dr Afrasheem Ali murder trial, in which Hussein Humam was sentenced to death. Similarly, Humam also claimed that his confession was given under duress.

Yameen’s government has since pledged repeatedly that it would not hesitate to implement the sentence, with the president reported as saying last week that it was only the lengthy judicial process that had prevented executions so far.

Most recently, the Criminal Court sentenced Mohamed Niyaz of Kaaf Thulusdhoo Redrose to death after he was found guilty of murdering 35-year-old Ali Shiham on the night of July 31 last year.

A recent report from Amnesty International estimated that around 20 individuals were currently facing the death sentence in the Maldives, though the Prosecutor General’s Office has yet to release official figures.


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Convicted murderer retracts confession in High Court

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First meeting on Chinese tourist safety held

The first convening of the ‘Joint Meeting Mechanism’ to discuss the safety and security of Chinese tourists in the Maldives has been held between foreign minister Dunya Maumoon and Chinese Ambassador Wang Fukang.

Dunya spoke of the importance of strengthening tourism ties between China and the Maldives and stressed the significance of the joint mechanism to facilitate a line of communication regarding the safety of Chinese tourists, reported the foreign ministry.

“Ambassador Wang Fukang thanked the Government of Maldives for the coordination and cooperation extended in ensuring a safe environment to the Chinese tourists in the Maldives,” the statement read.

The meeting was attended by senior officials from the Maldivian foreign service and the embassy of China, along with representatives from the tourism ministry, the immigration department, the police, the Maldives Customs Service, as well as relevant tourism industry groups.

The joint mechanism was agreed under an MoU signed during Chinese President Xi Jinpeng’s official visit to the Maldives in September 2014, during which President Abdulla Yameen expressed his hope Chinese visitors would increase three-fold over the next four years – which would mean nearly one million Chinese visitors a year.

While one Chinese tourist was killed in a motorcycle collision in the capital last year, the majority of casualties are related to water sports – most often drowning.

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