AG seeks to strengthen prohibitions on carrying of sharp weapons

Attorney General Mohamed Anil has today submitted to parliament a number of amendments to the act prohibiting carrying and threatening use of sharp weapons.

Speaking at a press conference held by the cabinet’s Social Council, Anil revealed that amendments included the narrowing of certain rights that the accused currently have.

Among these, the right to remain silent and the right to consult with legal representatives will be narrowed, while police will be given the right to hold suspects in custody for purposes of community safety until the court considers the case.

The proposed changes comes as the number of stabbing incidents in the country continues at an alarming rate, with 18-year old Ibrahim Shifaaz last week becoming the latest in a list of incidents that have resulted in three deaths this year.

Anil explained that the present law only stipulates penalties for the carrying of sharp weapons and for threatening individuals with the use of sharp weapons.

“Both the home minister and we at the AG office find it to be very concerning that the law does not describe penalties for damages caused by such actions, such as the taking of a life, loss of a limb, or other physical harm to the victims,” Anil stated.

“Currently, these crimes are tried under the existing old Penal Code, which has in it far too lenient penalties. Thus, the proposed amendments will include new penalties that can be given to perpetrators for commission of such an act.”

He described the newly proposed penalties as including 7 to 15 year jail sentences and even the death penalty, depending on the seriousness of the crime.

Minister of Home Affairs Umar Naseer prompted international concern when calling for an end to the country’s 60 year moratorium on the death penalty earlier this year, completing the required regulatory changes in April.

The new amendments also stipulate that crimes falling under this act should be investigated within 15 days of arrest, while the Criminal Court must complete the case within 30 days from its submission.

Anil also announced that three additional bills have been submitted to parliament. These are the goods and services tax bill, the construction bill, and the mutual legal assistance bill.

Earlier on October 15, Umar Naseer conducted meetings with pro-government parliamentarians about amendments to these same laws.

“Reactions from parliamentarians of both Jumhooree Party and Progressive Party of Maldives were positive to my recommendations,” Naseer said at the time.

At today’s press conference, Naseer also revealed that the government has plans to commence a MVR4 million  (US$260,000)  project to further develop the security of the prisons in the coming week following the recent escape of two convicted murderers last weekend – both since apprehended.

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Second escaped convict Shahum apprehended in Malé

The Maldives Police Services have apprehended the second convict who escaped from Maafushi Jail, Ibrahim Shahum Adam, 23 years, in a guesthouse in Malé at approximately 7:40 pm today.

Although Home Minister Umar Naseer had said an armed team of soldiers would be working with the police to catch Shahum yesterday, only police officers were involved in the operation and weapons were not used, the police said in a tweet.

Local media have identified the guesthouse as Midnight guesthouse on Maaveyo Magu in Machangoalhi ward.

A SWAT team and officers from the intelligence, traffic and central operation command were active in the operation, a statement by the police said.

Shahum had escaped from Maafushi Jail on Friday (October 17) along with Fariyash Ahmed, 26 years. Both were serving life sentences for murder.

Fariyash was apprehended yesterday afternoon while drinking a coffee at Tatians café in the Henveiru ward of Malé. He had shaved his beard off, taken off his glasses and was wearing a wig.

Shortly afterwards, Naseer held a press conference in which he announced a prize of MVR 75,00 (US$4,854) for information and a second convict who had escaped from the authorities in 2010.

The two inmates had used a broken saw to cut through 22 bars on a window, climbed onto the Maafushi Jail roof and used a rope made of bed sheets to reach the ground.

Naseer in an appearance on state broadcaster Television Maldives on Sunday night revealed that investigations were ongoing to determine whether prison guards were complicit in the escape.

“Nothing we have so far found in the investigation indicates any negligence or involvement of prison guards. However, if such a thing comes to our notice, we will take immediate action,” he said

Jumhooree Party MP and former Commissioner of Police Abdulla Riyaz has called for an independent inquiry into the jailbreak.

Opposition MPs meanwhile contended that the government’s “negligence and irresponsibility” allowed the dangerous criminals to break out from a high security prison.

The Maldives National Defense Force’s (MNDF) appeal to MPs to stay in at night following the jailbreak is indicative of the prevailing state of fear and the government’s loss of control over “terror activity in the Maldives,” MP Imthiyaz Fahmy said.

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Addu City condemns government’s “obstruction” of guesthouse venture

Addu City Council has condemned the government’s alleged “obstruction” of its flagship guesthouse venture which aims to establish up to 2000 guesthouse beds.

“Government officials are spreading falsehoods to reduce investor confidence with the aim of obstructing Addu City Guesthouse Venture,” read a council statement released on Monday (October 20).

Condemning the “atrocity,” the council urged “government officials to stop such acts and facilitate an environment for this project – intended to bring development to the people – to succeed.”

The tourism ministry has denied the allegations, though the President’s Office has told local media it believes the scheme was designed purely to benefit members of the Maldivian Democratic Party (MDP).

The council on October 13 had handed over 29 plots of privately owned land to an India’s SG18 Realty to develop approximately 250 beds.

Companies from Denmark, Australia, and the United Arab Emirates have also expressed interest in building and operating guesthouses, the council has said.

A source close to the Addu City Council said government ministers had told investors foreigners they would not be allowed to operate and manage guesthouses.

However, State Minister for Tourism Hussein Lirar has dismissed Addu City Council’s allegations, and said he has to consult with a lawyer to definitively say if Maldivian laws and regulations bar foreigners from operating guesthouses.

“If foreigners get involved in guesthouse business, it narrows the opportunity for Maldivians to benefit,” he said.

An amendment to the Guesthouse Regulation of 2010 says licenses will be issued only to Maldivians, or partnerships without foreigners or companies registered in the Maldives as per the 1996 Company Act.

The Company Act says foreign companies may do business in the Maldives if they register in the country.

Meanwhile, President’s Office Spokesperson Ibrahim Muaz Ali has today said the Addu City Guesthouse Venture is a scheme by opposition MDP to benefit its supporters. All six Addu City Councilors belong to MDP.

“It seems to us as if it’s a plan to benefit individuals of a certain party. MDP members have participated in Addu City Guesthouse Venture meetings, and it seems from the photos and media that it is aimed to benefit party members. So it appears the project is designed for political gain,” he told newspaper Haveeru.

He claimed the council should have shared information on the venture with the government and the Local Government Authority if they sincerely intended the project to benefit all Addu residents. The council has previously said the Ministry of Tourism has been informed and Minister of Tourism Ahmed Adeeb has written a letter approving the venture.

The ministry has meanwhile revealed plans to establish guesthouse islands where multiple investors will be invited to build guesthouses on uninhabited islands.

The guesthouse island consists of three components, leasing of 5000 square feet plots for 25 rooms, 10,000 for 50 rooms and water villa plots for 100 rooms.

Foreigners can only invest in the 5,000 and 10,000 square feet plots if they form a joint venture company with a Maldivian. However, they will be allowed to bid for the water villa component without a Maldivian partner.

The Addu City Council in its statement said investors have expressed interest in developing guesthouses in all areas designated for guesthouse development in Addu.

Although landowners will have the option of operating guesthouses once they are built, the majority of landowners have no desire to manage them, Mayor Abdulla Sodiq previously told Minivan News.

The council has said the aim of the US$20million venture is to create jobs in the country’s second most populous region and increase living standards in Addu.

The region’s Gan International Airport will only become viable with 3,000 – 4,000 beds in operation in Addu, the council has said.

There are only two resorts in Addu at present and only a few additional islands for resort development. Even if all the remaining uninhabited islands are developed as resorts, it would not increase bed capacity to the required figure, the council said.

Hence, guesthouse tourism is key to ensuring the viability of the Gan International Airport, the council added.

Despite being the country’s second largest urban area, Addu is home to just 3.6 percent of the industry’s registered bed capacity.

The Maldives’ tourism industry, with over 100 resorts and nearly one million visitors per year, brings in approximately US$2 billion annually.

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Cancer society launches SMS quiz

The Cancer Society of the Maldives has launched an SMS quiz to raise awareness of breast cancer.

Running from October 20 – 29, the quiz’s winners will be in with a chance of winning a weekend for two at Reveries Diving Village, in Laamu Atoll.

Participants must SMS ‘BC’ to 360 and answer all 10 questions correctly to be entered for the prize. The competition is being run in association with Dhiraagu.

The Cancer Society of Maldives seeks to raise awareness of the disease within the community as well as producing a cancer patient database in the country, which currently has no official record of the illnesses prevalence.

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Police apprehend Fariyash in Malé, soldiers authorized to shoot in search for Shahum

Maldives Police Services have apprehended escaped convict Fariyash Ahmed at a café in Malé this afternoon.

Fariyash, 26 years, of Gaaf Alif Atoll Maamendhoo Island escaped from Maafushi Jail along with Ibrahim Shahum Adam, of Galholu Cozy in Malé, where both were serving a life sentence for murder on Friday (October 17).

Home Minister Umar Naseer at a press conference today said Fariyash was arrested while drinking a coffee by himself at Tatians café in the Henveiru ward of Malé. He had shaved his beard off, taken off his glasses and was wearing a wig.

Naseer said Fariyash is under interrogation regarding Shahum’s whereabouts, and said an armed group of soldiers will be working with the police in the search.

“An armed team of soldiers will work with a police team in the search for Shahum. They have been authorized to use their weapons should they face danger. They have the discretion to shoot,” Naseer told reporters.

If the commanding police officer believes the team is in a “dangerous situation” the police team will step back and allow soldiers to take over and shoot if necessary, he explained.

Shahum had no choice but to surrender or face “very sad consequences,” the minister warned and said the government will not bear any responsibility should Shahum get killed in the search operation.

“I inform Shahum and all those who know him, hand yourself over. The government will not bear any responsibility for loss of [his] life in what may happen,” he said.

Online newspaper Sun has claimed Shahum was sighted at Le Cute shop in Malé this morning. The police are looking through CCTV footage to identify the man, the newspaper has claimed. The police have declined to comment on the matter.

The minister has also offered a prize of MVR 75,000 (US$ 4,854) for information on Shahum and Abdulla Luthfee who had escaped from authorities in 2010 while he was abroad in India for medical treatment.

Luthfee had been serving a life sentence for his role in the 1988 coup attempt.

Jailbreak

In an appearance on state broadcaster Television Maldives on Sunday night (October 19), Naseer said the two inmates had used a broken saw to cut through 22 bars on a window, climbed onto the Maafushi Jail roof and used a rope made of bed sheets to reach the ground

They had also placed pillow dummies on their beds during a nightly headcount.

The saw may have been acquired from a construction site on the prison grounds, Naseer said.

“This wasn’t planned and done in a single day. It was done under a well-planned systematic attempt,” he added.

“There is no prison in the world from which someone or the other has not escaped from. The strength of a prison system is in how quickly we recapture escapees and return them to their cells,” he also said.

“We will find them. The government is willing to use all the powers vested in them to find them, recapture them and return them to prison.”

He also revealed that investigations were ongoing to determine whether prison guards were complicit in the escape.

“Nothing we have so far found in the investigation indicates any negligence or involvement of prison guards. However, if such a thing comes to our notice, we will take immediate action,” he said

Jumhooree Party MP and former Commissioner of Police Abdulla Riyaz in parliament today called for an independent inquiry into the jailbreak.

Opposition MPs meanwhile contended that the government’s “negligence and irresponsibility” allowed the dangerous criminals to break out from a high security prison.

The Maldives National Defense Force’s (MNDF) appeal to MPs to stay in at night following the jailbreak is indicative of the prevailing state of fear and the government’s loss of control over “terror activity in the Maldives,” MP Imthiyaz Fahmy said.

Public fears over personal safety and security was “a characteristic of a failed state,” the Maldivian Democratic Party (MDP) MP added.

The police have conducted searches on Maafushi, Himmafushi, Guraidhoo and Gulhi Islands, and continue to search vehicles and houses in Malé. The Coast Guard is helping the police conduct searches of boats.

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Police to assist with Maafushi Prison security after jail break

Maldives Police Service (MPS) is to assist Maldives Correctional Service (MCS) in strengthening Maafushi Prison security of after two convicts serving life sentences for murder escaped from the prison on Friday night (October 17).

A police media statement said a police team will be stationed on Maafushi Island to assist MCS on a need to basis and that the two institutions are currently taking measures to strengthen security.

The police declined to reveal details of how many police officers are to be stationed on the island or what kind of security measures are to be taken.

Fariyash Ahmed of Gaafu Alifu Maamendhoo and Ibrahim Shahum Adam of Malé escaped from Maafushi Prison after sawing off metal bars in a ventilation shaft.

Minister of Home Affairs Umar Naseer accepted that loopholes in the prison system had allowed the two prisoners to escape, but said he was confident the police would recapture the convicts and bring them to justice.

“There is no prison in the world from which someone or the other has not escaped from. The strength of a prison system is in how quickly we recapture escapees and return them to their cells,” said the home minister.

On Saturday (October 18) Umar Naseer tweeted that the prison escape is an opportunity to identify loop holes in the prison system and to improve the system.

“Every prison escape is an opportunity for Prison Officers to identify the loop holes and improve the system while we hunt them down,” read the tweet.

Meanwhile, in a statement released on Sunday (October 19) MPS called upon the public be extra vigilant as the search for the two ‘dangerous’ convicts continue with the aid of Maldives National Defense Force and the Coast Guard.

Police also urged the public to submit any information they may have about the escapees to the following numbers:  3322111 or 9911099. The police have also pledged to take legal action against individuals who withhold information on the whereabouts of the Shahum and Fariyash.

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High Court grants Humam a month to appoint lawyer in death penalty appeal

The High Court has granted a man convicted of killing MP Dr Afrashim Ali one month to appoint a lawyer.

Hussein Humam had requested the period at the first hearing of the appeal at the High Court this morning.

The Criminal Court sentenced Human to death on January 16, finding him guilty of intentional murder, stating Humam had assaulted the ruling Progressive Party of the Maldives (PPM) MP with a sharp object and intentionally killed him.

Dr Afrasheem was found brutally murdered in the stairwell of his apartment building on October 1, 2012.

Humam gave contradictory statements in court regarding his involvement in the crime. Although he initially confessed to the crime, he later retracted his statement claiming the statement had been given under duress.

He appealed the death sentence in May, just before the 90 day appeal period for lower court rulings was about to expire.

Death penalty

Shortly after the Criminal Court sentenced Humam to death, Minister of Home Affairs Umar Naseer announced plans to implement the death penalty ending an unofficial sixty year moratorium on the practice.

Speaking on a show on state broadcaster TVM on Sunday night, Naseer said the incumbent government will not “shy away” from implementing the death penalty despite pressure from foreign countries and human rights organizations.

“We are not one to shy away from implementing the death penalty by showing various excuses. Nothing will stop us from implementing the death penalty as planned,” Naseer said.

He said that while he respected the views of European countries which are calling on the government to continue with the moratorium on the death penalty, he believed that the decision lies solely with the Maldivian government.

“While European countries are speaking against the death penalty based on their set of principles, the US, Indonesia, China are not, even though they are by far the more populated countries. Each country has a separate viewpoint on it, and I understand and respect that. However, I believe there is a need for the death penalty to be implemented here, and come what may, we will implement it”.

The decision to reintroduce implementation of the death penalty  has given rise to public debate.

While Islamic groups have said that capital punishment is a crucial aspect of the Islamic Shari’ah, Mauhadini Sanawi and Azhar University graduate Scholar Al Usthaz Abdul Mueed Hassan previously told Minivan News that Islam is a religion of forgiveness first, and called on the state to abolish the death penalty.

“In taking qisaas, it is prescribed that it must be done in the manner that the crime was committed. Like the metaphor an eye for an eye. Taken in the exact same manner. How can this be done in cases of murder? How can the life of the murderer be taken in the same manner as that of the murdered? This is prescribed so as to discourage the taking of qisaas,” Mueed said at the time.

The government has previously announced that lethal injection is the state’s preferred method of implementing capital punishment.

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MPs urged to stay in at night as MNDF offers personal security

Members of the People’s Majlis have been asked to avoid going outside at night, as the Maldives National Defence Force (MNDF) enhances personal security from today onwards.

Described as “a step in ensuring the safety of all members of the parliament”, MPs were informed that additional personal security would be made available to any member who requested it.

“The MNDF also requests you to pay special attention to your safety and protection if you absolutely need to go outside tonight,” continued the message from the Majlis Secretariat yesterday (October 19).

MNDF spokesman Hussain Ali has confirmed that the decision was made after discussions between the Majlis and the Ministry of Defence, though he declined to comment on the specific reasons for the timing of the increased protection.

The Maldivian Democratic Party (MDP) has today suggested that the move indicates the “loss of domestic security and extreme levels of fear”.

“It also shows the extent to which senior officials of the government responsible for ensuring public safety and security have lost control of terrorist activities,” read a party press release this evening.

The move follows a growing number of threats made against MPs in recent months, with the Inter Parliamentary Union having described the government’s reaction as a test of its democratic credentials.

A series of attacks against the MDP’s premises and upon the homes of some of its members in late September followed months of death threats, described as too numerous to mention by the party’s spokesman.

Attacks on elected officials have become more common in recent years, most notably the brutal murder of Progressive Party of Maldives MP Dr Afrasheem Ali in October 2012.

Earlier this year, MDP MP Alhan Fahmy was nearly paralysed after being stabbed in the back in a busy restaurant in the capital Malé.

A delegation from the IPU visited the Maldives late last year, requesting an urgent assessment of the political situation following repeated allegations of threats and intimidation against Majlis members.

“The frequent intimidation, harassment and attack of MPs as they go about their work have been deeply worrying,” read an IPU press release after the delegation’s visit last November.

After meeting with the IPU earlier this month, union member and MDP MP Eva Abdulla raised concerns over the personal safety of MPs and journalists in the Maldives.

“[Eva] spoke about the lack of thorough investigations of these cases, perpetrators not facing trial, the failure of law enforcement in the face of atrocities committed out in the open, the failure of the People’s Majlis to look into the cases, and the creation of a culture of intimidation in the Maldives,” explained an MDP press release after the meeting.

Eva – who has been in personal receipt of threats against both herself and her family members – also received a threat suggesting the MDP’s next gathering would be targetted by suicide bombers.

A subsequent rally held in Addu City was disrupted by youths with wooden planks and rocks before the party’s headquarters in Hithadhoo were attacked by arsonists.

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Prisoner’s escape was our fault, but we will find them: Home minister

Minister of Home Affairs Umar Naseer has accepted that loopholes in the prison system allowed two dangerous convicts to escape from Maafushi prison on Friday (October 17)

Ibrahim Shahum Adam and Fariyash Ahmed of Javaahiruvadhee in Gaafu Alifu Maamendhoo were both serving life sentences for separate murder incidents.

Naseer told Television Maldives yesterday (October 19) that the Maldives Police Services will doubtless recapture the two criminals and return them to prison.

Describing the escape during his interview, Naseer said that necessary changes to procedure had been identified which would now be implemented.

“There is no prison in the world from which someone or the other has not escaped from. The strength of a prison system is in how quickly we recapture escapees and return them to their cells,” said the home minister.

“We will find them. The government is willing to use all the powers vested in them to find them, recapture them and return them to prison,” he added.

The search has today expanded to the capital Malé after investigations in Maafushi and neighbouring islands proved fruitless.

The escape

Naseer described the layout of the Maafushi Prison as being divided into two subsections, referred to as ‘The Pentagon’ and ‘U2’.

U2 is the facility where criminals who pose daily threats are kept, whereas prisoners in Pentagon get a few hours a day out in the prison grounds. The two escapees were placed in the Pentagon wing of the prison at the time of escape.

Naseer stated that the prison houses over 700 inmates, all of whom are convicted on serious charges including murder, rape, and pedophilia.

The escapees had placed dummies made of pillows on their beds at the time of the routine headcounts, the minister explained, resulting in the guards miscounting.

This particular method of escape was made famous by the 1979 film ‘Escape from Alcatraz’, which was itself based on a 1962 escape attempt from the island prison in San Francisco.

Umar Naseer said that it was common for inmates to be asleep under blankets at these times, meaning that nobody noticed anything was amiss.

“We have now realised that it is not alright for us to just count people in a cell, and that we must instead wake everyone up and have them line up for the count,” Naseer said.

In the meantime, the prisoners had escaped out of a barred window and onto the prison roof before reaching the ground via bed sheets tied together.

The escapees had used a broken saw to cut through 22 bars on the window, with Naseer suggesting that the work had been done in a series of days on the windows, which are about 10 feet above the ground.

Naseer admitted that the saw may have been acquired from the prison grounds as there is currently an ongoing construction project to build a new check post in the U2 wing of the prison.

“This wasn’t planned and done in a single day. It was done under a well-planned systematic attempt,” Naseer said.

Opportunity for improvement

“We can look at this as an opportunity to improve upon the current prison system,” Naseer said, describing the prison system as a “learning experience”.

“We have now noticed loopholes in our way of doing things. In future, we will improve upon them. I can guarantee that no other convict can escape using this technique again,” he stated.

“The prison system is largely manual now. The locks on doors, monitoring the grounds, all of this is done manually. We will in future work to automate these things,” he said.

He revealed that the cells have cameras, but that inmates often avoid being on them by spending time in the attached bathrooms or through other tactics.

Naseer said that investigations are currently being conducted into whether the escape was made possible due to the negligence of prison guards.

“Nothing we have so far found in the investigation indicates any negligence or involvement of prison guards. However, if such a thing comes to our notice, we will take immediate action,” he stated.

While the minister noted that the prison system is being maintained on a tight budget, he maintained that his philosophy is to “make do to the best of our levels on whatever budget allocation is available”.

Naseer dismissed the opposition Maldivian Democratic Party’s labelling of the escape as symptomatic of the government’s failings as a “rant released from a desperate party”.

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