MDN alerts PIC over failure to investigate criminal activity in missing journalist report

Human rights group Maldivian Democracy Network (MDN) has requested the Police Integrity Commission (PIC) to probe police’s failure to investigate dangerous criminal activity outlined in a report into the disappearance of Minivan News journalist Ahmed Rilwan.

The report – which claimed Rilwan was likely to have been abducted by radicalised gangs – was sent to the police on September 22 along with a letter requesting the police investigate its findings, MDN said.

The police proceeded to dismiss the report, however, claiming it was released for “political gain,” and has not yet informed the NGO if it has looked into any of the allegations.

The investigation – conducted by Glasgow based Athena Intelligence and Security – identified possible suspects in Rilwan’s disappearance, and confirmed hostile surveillance of Rilwan on the night he went missing. It also linked his disappearance to an abduction at knifepoint outside Rilwan’s apartment on the same night.

“The Maldives Police Services failed to investigate the various criminal actions outlined in the report in the past 2 months and 26 days,” MDN’s letter to the PIC on Monday read.

“We request that your commission investigate and take action against those police officers who have been negligent in this case.” Criminal activity highlighted in the report include:

  • Death threats issued against Rilwan by the administrators of Facebook Group Bilad Al-Sham and stalking by an individual called Ismail Abdul Raheem
  • Abduction with a knife reported on August 8 in front of Rilwan’s apartment
  • Hostile surveillance of Rilwan by at least two people belonging to Kuda Henveiru gang in Malé

Home Minister Umar Naseer has also acknowledged involvement of gangs in Rilwan’s disappearance. Meanwhile, Rilwan’s family has also lodged a complaint at the PIC accusing the Maldives Police Services of negligence.

The police had failed to treat the case seriously despite Rilwan’s high risk profile, the family said. Although an abduction reported outside Rilwan’s apartment at 2 am on August 8, the police only took statements from eyewitnesses on August 14, the family noted.

Further, the police officer in charge of the Hulhumalé police station prevented junior officers from apprehending and searching the car used in the abduction on the same night, the family said.

“If the abduction had been investigated immediately at the right time, the police would have been able to find the victim and clarify if it is our brother or not,” Rilwan’s sister Mariyam Fazna has said.

The police only searched Rilwan’s apartment 29 hours after the abduction was reported and searched his office 11 days afterwards. The police also failed to make a public announcement on Rilwan’s disappearance – despite a request by the family – and did not inform the public on how to act if they had any information related to the case, the family explained further.

In a statement to mark the 100 days of disappearance, Rilwan’s mother Aminath Easa said the state had failed to protect her son and bring perpetrators to justice.

Police Commissioner Hussain Waheed had previously denied negligence while the home minister told state television that some crimes could not be solved.



Related to this story

MDN investigation implicates radicalised gangs in Rilwan’s disappearance

Missing journalist’s family accuses police of negligence, files complaint

“The old posters fade, but we do not forget,” says Rilwan’s family

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

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NGOs suggest government’s failure to engage is damaging civil society

As last week’s NGO conference came to close, the award ceremony – with Minister of Defence Mohamed Nazim acting as chief guest – suggested strained relations between government and civil society.

Of the 22 organisations taking part in the conference organised by the Human Rights Commission of the Maldives – 12 from Malé and 10 from the atolls – not all stepped up to receive certificates from the minister.

“I believe there are more relevant figures to be the chief guest at an NGO conference the country’s defense minister,” explained one NGO representative who boycotted the ceremony.

The main aim of the conference, in addition to providing networking opportunities, was to create a forum in which the participants could share the scope of the work done by the NGOs as well as discussing greater issues faced by civil society.

NGOs involved suggest that many of those issues involved the government’s lack of effective engagement, perhaps typified by the recent decision of the immigration department – headed by minister Nazim – to introduce exit permits for migrant workers.

The controversial scheme was reversed less than two weeks after being introduced after complaints from NGOs, who had not been consulted adequately prior to its introduction.

Groups present at the conference listed migrant workers rights as one of their main areas of interest, alongside health rights, children’s rights, women’s rights, and disability rights.

Lack of support

Discussing concerns raised during the conference, Maldivian Democracy Network’s (MDN) Shahinda identified the government’s lack of financial support for NGOs as the most pressing issue facing civil society.

“For several years, the government has allotted financial support for NGOs in the state budget. However, we have never seen the support being fully realizsed even though it is stated in the budget,” said Shahinda.

HRCM Vice President Ahmed Tholal noted that, although financial support for NGOs is included in the state budget, a lot of the expenditure is spent on sports association rather than NGOs working for human rights.

“Given the lack of state financial support, NGOs often have to resort to individuals and donors,” continued Tholal. “The current public perception is that if an NGO has a donor, then it must be one sided or politically motivated. This is not true in most cases.”

A general lack of perception or an understanding of the work civil society is doing was another key issue raised during the three-day conference.

While speaking at the closing ceremony, one participant representing Muraidhoo Ekuveringe Jamiyya from Haa Alif Muraidhoo, said there was little appreciation of work done by NGOs from either the public or from government institutions.

Chairperson for the Maldives Association of Physical Disabilities, Ahmed Mohamed, commented that the general public remains unaware of disability rights.

“I think it is the duty of the government to increase awareness or work on empowering NGOs so that we can increase our outreach in spreading awareness,” said Ahmed.

MDN also suggested that the poor public appreciation of civil society and the lack of acknowledgement of NGO could be traced back to a lack of engagement from the government.

“Every year, our annual reports are sent to the home ministry which just files it. The reports detail what we do, our achievements and other relevant information. All of this is not acknowledged by the state so the general public is unaware of the work we do,” complained Shahinda.

Tholal also stressed the importance of state acknowledgment of NGO work, suggesting that public perception is shaped by the state’s response to work done by NGOs.

“NGOs are institutionalised and organised voices of the public. Government institutions have to respect statements and reports from NGOs whether they agree or disagree with the political ideology of the government,” noted Tholal.

Shahinda added that the public sometimes has unrealistic expectations of NGOs, saying that organisations do not have the capacity to deal with every single issue.

An intimidating future?

HRCM Vice President Tholal stressed that NGOs role as human rights defenders was being jeopardised as there was insufficient space and capacity to operate effectively and independently.

NGOs at the conference voiced concern over the prevalence of threats and measures made by the state to intimidate and silence civil society and other independent institutions.

“There have been numerous threats and attacks on civil society organisations and individuals. Government has done little to no work to address these threats,” said Shahinda.

Most recently, Supreme Court initiated a ‘suo moto’ proceeding against the HRCM for its Universal Periodic Review (UPR) submission made to the UN, while denouncing the HRCM’s suggestions that the judiciary was controlled and influenced by the Supreme Court.

A similar proceeding – in which the court acts as both plaintiff and judge – was used in the ousting and prosecution of Elections Commission President Fuwad Thowfeek and Vice President Ahmed Fayaz in February.

In October 2013, the home ministry launched an investigation into comments made by Transparency Maldives and the Tourism Employees Association of the Maldives (TEAM), saying that it would not allow any organisation to challenge the law.

Staff at anti-corruption NGO Transparency Maldives have also been subject to death threats as well as one employee being physically assaulted during the recent Majlis elections.

Asked about the future of the civil society in the Maldives, Tholal reiterated the importance of state acknowledgement in order to improve the current atmosphere.

“I believe that the civil society is the most important voice in raising issues against the state in making it more responsible,” said Tholal.

While things may get difficult, Shahinda expressed confidence that important work carried out by civil society groups would continue.

“If things do not change, it is going to be more and more challenging. However, I am sure these challenges alone will not hinder the work of the civil society”.

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MDN urges the police to speed up investigations of death threats against journalists

The Maldivian Democracy Network (MDN) has urged the Maldives Police Service (MPS) to speed up its investigations into the many death threats made to journalists and to ensure their adequate protection.

In a press statement released on the occasion of UNESCO’s International Day to End Impunity for Crimes against Journalists, MDN also expressed its concern over the prevalence of aggressive threats made against journalists.

“Journalists in Maldives continue to receive death threats and other violent messages, some in the public domain through social media. They have been targeted with grave physical harm. It is appalling that these incidents should go without investigation and apprehension of perpetrators,” read the MDN statement.

MDN also voiced their concern over the disappearance of Minivan News journalist Ahmed Rilwan who has been missing for 87 days as of today (November 2).

“There has been no progress in finding Rilwan, and allegations of impunity have risen with every passing day,” said MDN.

Rilwan’s disappearance is the first such instance of its kind in the Maldives, although near fatal attacks were carried out on the blogger Ismail Hilath Rasheed in 2012 and the Raajje TV reporter Ibrahim ‘Asward’ Waheed in 2013.

Adopted by a resolution in the UN General Assembly last year, the day is used to urge member states to implement definite measures countering the present culture of impunity.

November 2 was chosen to commemorate to two French journalists killed in Mali on 2 November 2013. UNESCO reports that over 700 journalists have been killed in the last decade, with 2012 and 2013 representing the deadliest years.

Following Rilwan’s disappearance in August, journalists from across the Maldives joined to declare that his abduction was a threat to all, and calling for an end to persistent intimidation faced by the press.

“As intimidation of press grows, and attacks against journalists, equipment, and buildings continue, we are extremely concerned over the delays in bringing to justice those who commit these acts,” read the landmark statement.

Foreign Minister Dunya Maumoon also expressed concern regarding acts of intimidation and reprisals to journalists in general, noting that “freedom of media facilities a greater degree of interconnectedness and awareness in the community, and is the cornerstone of any democratic society”.

Last week, the People’s Majilis threw out a 5055 strong petition urging the parliament’s National Security Committee to pressure the Maldives Police Services to conduct a speedy and thorough investigation.

Rilwan’s family also lodged a formal complaint with the Police Integrity Commission accusing the police of negligence in the investigation into the 28-year-old’s disappearance.

Meanwhile, a media official from MPS told Minivan News today that that investigation into Rilwan’s disappearance is going ahead speedily but reported no new updates to the investigation

The media official also mentioned that police security was provided for two journalists after two convicts who were serving life sentences for murder escaped the Maafushi high security  prison in October.

A total of four men have been arrested over Rilwan’s disappearance, although only one man remains in custody at present.

Home Minister Umar Naseer said he believed Rilwan to be alive and promised to return him safe to his family. He has also acknowledged the involvement of criminal gangs in the case.

Last month, MDN released the findings of a private investigation, which discounted theories of voluntary disappearance and suicide, concluding that the disappearance was most likely an abduction by radicalised gangs.

On September 25, a named suspect in the MDN private investigation broke a CCTV outside Minivan News building before two men on motorbikes lodged a machete to the door.

Police arrested the renowned gangster who was caught on footage when he broke the camera only to be released the next day by the Criminal Court demanding the man to cooperate with the investigation and not to cause any further disturbances.

MPS also provided Minivan News with static security outside the building after the attack with one Minivan News journalist receiving death threats in the hours following the attack.

Recently, Amnesty International demanded police intensify their efforts to find those responsible for the numerous death threats and violent attacks against journalists.

Numerous international organisations have criticised the slow progress in the investigation of the case including Reporters without Borders and the International Federation of Journalists.

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Home minister acknowledges gang involvement in Rilwan case, blames opposition for slow progress

The home minister has acknowledged gang involvement in the disappearance of Minivan News journalist Ahmed Rilwan, while accusing politicians of obstructing the investigation.

“We already knew that there is a gang connection to Rilwan’s case. However, in a modern investigation, one doesn’t immediately arrest suspects. We leave them free and follow them and gather information,” he explained during an interview on state television yesterday.

“The biggest cause of obstruction to this investigation is the MDP [Maldivian Democratic Party],” Naseer said, accusing the opposition party of being behind a private investigator’s report released by local NGO Maldivian Democracy Network (MDN).

Rilwan was last seen on CCTV footage at the Hulhumalé Ferry Terminal in the early hours of August 8. Friends and family have alleged his disappearance to have been an abduction, based on evidence in CCTV footage and eye witness accounts.

The MDN report, produced by UK based private investigators Athena Intelligence and Security, implicated gangs – possibly motivated by religious extremism – in the disappearance 73 days ago.

“The release of the report forced us to change our investigation technique. We had to hurry the arrests, which led to early release of suspects. It is the biggest hindrance to the investigation so far,” said Naseer.

Four individuals were arrested following the report’s release, though three were later released.

“It has an extreme negative effect on an investigation when people who are not aware of the details of an investigation release reports and offer speculations based purely on hearsay with the intent of gaining some political advantage.”

The minister said that the report had named some suspects who are members of notorious gangs that the police had also already identified. MDN maintains that the report was released with the objective of aiding the police in the investigation.

Police have yet to confirm the nature of their investigations, stating that they have gathered no “concrete evidence” linking Rilwan with a reported abduction outside his apartment the same night.

Naseer concluded his remarks on Rilwan by stating that he believes the 28-year-old remains alive as the abductors have so far left no indication that they have taken his life.

Family concern dismissed

Rilwan’s family has continuously expressed concern regarding the lack of information received from the police regarding the investigation’s progress.

Police Commissioner Hussain Waheed went on the offensive last week, telling local news outlet Vaguthu that the family and certain media organisations were partially responsible for the lack of success in the investigation.

Naseer yesterday dismissed the family’s concerns, saying that police were giving regular updates to the family, and that he had personally met with the family at least four times to share information.

“I personally meet with the investigation team once a week and get an update on progress. I also give them advice on how to proceed with the case,” Naseer said, adding that the government sees the disappearance of Rilwan as a high priority.

President Abdulla Yameen has yet to comment publicly on the case, beyond his dismissal of questions regarding the case in August, although the foreign ministry has expressed concern.

Naseer went on to say that, despite spending state resources, funds, and time on the case, the police have so far been unable to get any answers in the case.

“I must say that sometimes things just happen this way, we just don’t get ahead. For example, consider the Malaysian Airlines flight MH370 which disappeared with over 200 passengers. The whole world is looking for it, but no one has a clue as to where it may be. And then we are talking about one man, Rilwan,” he said.

“Things and people that go missing are sometimes just not found easily. We can use all the available resources in a country and even then, there is only so much we can achieve. However, in this case, we have not given up and will continue trying,” Naseer continued.

No police negligence, no state involvement

Umar also dismissed allegations of police negligence involved in the case.

When questioned about police actions following the reported abduction near Rilwan’s residence on the night of his disappearance, Umar said people were speculating that it is police negligence “due to the lack of information they have”.

He affirmed that police had promptly investigated the matter, even without knowing at the time whether it was related to Rilwan’s disappearance.

Naseer also dismissed allegations of state involvement in Rilwan’s disappearance.

“This is MDP’s way of comparing this case with that of Ablo Ghazi [Criminal Court Chief Judge Abdulla Mohamed]”, he alleged.

“No one has forced Rilwan’s disappearance. Ablo Ghazi was abducted by the MDP government with the aid of the MNDF. Rilwan is someone who disappeared and we are trying to find,” he explained.

“We are trying to find Rilwan. We were only made aware of this case after Rilwan disappeared. The government has no involvement in this disappearance. This is, in fact, the first disappearance of its kind that has occurred in the country.”

“We are considering the disappearance of Rilwan as a criminal act and are investigating it to the best of our abilities,” he assured the public.

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Criminal Court releases suspect in Minivan News attack

The Criminal Court last night released a suspect arrested by police in connection with the attack on Minivan News on Thursday afternoon (September 25).

Police arrested the 32-year-old man Thursday night on charges of stealing a CCTV camera outside the Minivan News building and took the suspect before a judge last night seeking extension of detention.

machete knife was buried in the door of the Minivan News building after a man in a white shirt – clearly identifiable on the CCTV footage – removed the security camera.

Police have confirmed to local media that the suspect was released with conditions.

According to the Criminal Court, the three conditions were cooperating with the police investigation, not leaving Malé without informing police, and not causing any disturbance.

Local media has identified the suspect as Ahmed Muaz, known as ‘Gatu Mua,’ an alleged gang leader with a criminal record for theft and other offences.

Shortly before newspaper Haveeru published the news of Muaz’s arrest on Thursday night, a journalist at the local daily received a death threat via text message from a private number.

“If you write the name [of the arrested suspect] we will wipe you out. Remember that,” read the message, which was also posted on Twitter by the journalist.

Other media outlets reportedly received threatening phone calls warning them not to name the individual.

According to Haveeru, Muaz refused to get into the police van when police attempted to take him into custody.

“He went to the police office on his own cycle,” the newspaper reported.

Home Minister Umar Naseer meanwhile tweeted: “The suspect who attacked Minivan News office has been arrested. The govt will uphold the law.”

Following a meeting between journalists and Naseer late on Thursday night, the minister released a press statement the next day assuring that the attack on Minivan News as well as threats to journalists would be investigated with seriousness and urgency.

As the incident was related to “gang activity,” Naseer said the government was taking prompt action.

“[We] offer assurance that the government’s efforts to find an adequate and permanent solution to the environment of crime created in the Maldives will be carried forward without interruption,” the statement read.

In the hours after the attack, a Minivan News journalist also received a death threat, which read: “You will be killed or disappeared next, be careful.”

The Minivan News office building was also evacuated on Thursday night following threats of an arson attack. A similar threat was sent to opposition-aligned private broadcaster Raajje TV.

Investigation report

The attack on the Minivan office came after an investigation report – commissioned by the Maldivian Democracy Network (MDN) and conducted by Glasgow-based Athena Intelligence and Security – into the disappearance of Minivan News journalist Ahmed Rilwan was made public.

Citing the abduction of several young men in June by a vigilante group in a push to identify online activists advocating secularism or professing atheism, the investigation report found gang activity in Rilwan’s abduction to be a “strong possibility.”

The abductions in June followed local media reports of a meeting between Islamic Minister Dr Mohamed Shaheem Ali Saeed and youth groups who expressed concern over insults to Islam online and the promotion of homosexuality.

Witnesses to the abductions told Minivan News that the individuals photographed in the meeting formed part of the vigilante group that carried out the abductions in June.

The investigation report commissioned by MDN claimed that Muaz met both Islamic Minister Shaheem and Home Minister Umar Naseer.

In an apparent reference to the meeting with Muaz, Home Minister Naseer tweeted yesterday (September 26) that his “daily schedule involves meeting people who request for appointments”.

“Muaz’s concerns included the growth of secularism, which he believed would eventually destabilise the Maldives as rifts between Islamists and secularists erupt into open violence,” the investigation report stated.

Police told Minivan News last week that individuals named in the investigation report “raised their concerns and some have filed cases with the police alleging that their personal safety and security is at risk and they are receiving threats.”

Meanwhile, Tourism Ministry’s Coordinator Ahmed Shamoon tweeted yesterday of a war against MDN and Minivan News. The ruling Progressive Party of Maldives member later deleted the tweet and claimed the screenshot circulating on social media was “fake”.

“The war we are waging against MDN and Minivan News is a war against laadheeniyath [secularism or irreligiousness],” read the tweet.

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Maldivians not allowed to express or assemble freely: Maldivian Democracy Network

The Asian Forum for Human Rights and Development (FORUM-ASIA) and the Maldivian Democracy Network (MDN) jointly reiterated their call on the government of Maldives to make substantial changes to the laws on assembly and association at a press conference held yesterday (August 17).

“The people of Maldives are not allowed to express or assemble freely, which is a fundamental right they are taking away from them,” argued Shahinda Ismail, Executive Director of MDN.

Changes need to be made in order to meet the country’s constitutional guarantees of fundamental rights and legal obligations under international human rights law, including the International Covenant on Civil and Political Rights (ICCPR), to which Maldives is party, read a press release from FORUM-ASIA.

One of the main issues raised at the press conference was the freedom of association law. According to this law, protests cannot take place near schools, mosques, or hospitals, Shahinda told Minivan News.

Malé – the capital of the Maldives – is home to approximately 150,000 residents in 6 square kilometers of land, making it among the most densely populated capitals of the world. Therefore, facilities like schools and mosques are abundant.

“When you really look at Malé, there’s a mosque on every block,” Shahinda argued, “there is hardly any space left for people to demonstrate.”

“The restrictions on protesting must be made in consideration with the geography of the landscape,” she added.

Restriction not regulation

Another point highlighted at the conference was the wide range of powers given to police in controlling demonstrations.

“The problem we see is it doesn’t provide for police to protect demonstrators. It doesn’t regulate the right, it curbs the right [to demonstrate],” Shahinda stated.

“There must be a provision where police engage with demonstrators and try to bring order before deciding to disperse,” she added.

Furthermore, Shahinda the highlighted vague phrases in the legislation, which she fears are open to numerous interpretations.

“The word ‘reasonable’ used many times. It’s very subjective and we don’t feel it’s appropriate to use in the law.”

Another line could be interpreted as restricting right to assembly solely to police, added Shahinda.

“It’s just one line, a sub-section off a sub-section,” she notes, “but it can be interpreted in a number of ways.”

The right to freedom of assembly doesn’t not stand alone, it has to come with freedom expression and association,” Shahinda warned.

Shahinda went on to connect the issues raised to the recent disappearance and feared abduction of Minivan News journalist Ahmed Rilwan Abdulla.

“The problems that people face in freedom of expression – Rilwan is at the height of it,” said Shahinda.

“We opened the press conference raising concern and calling on authorities to speed up the investigation, and we ended on the same note.”

Systemic Failures: Transparency Maldives

Earlier this month, a press release from local NGO Transparency Maldives (TM) revealed they are currently working to reform the Associations Act in order to create a more enabling environment for civil society.

“Governance, transparency and functioning of CBO’s [community based organisations] will improve if the systemic issues in the regulatory framework are addressed,” TM announced.

Christopher Roberts, TM’s consultant on freedom of association, released a set of comments and recommendations discussing the international best practices of freedom of association legislation and to share his experience of freedom of association in transitional democracies.

The report addresses several legal issues with the 2003 Associations Act of the Maldives.

“The definition of associations provided by article 39(a) of the act is circular and inadequate,” states Christopher Roberts, legal expert on freedom of association.

“The law should instead adopt the definition used at the international level,” argued Roberts.

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“Highly politicised and corrupt” judiciary unfit to decide life and death: Maldivian Democracy Network

The Maldivian Democracy Network (MDN) has condemned the Maldivian government’s decision to implement the death penalty in a press release issued on Wednesday.

The MDN expressed “great concern” over the move to break a sixty-year de facto moratorium on the death penalty in the country. New regulations allow for children as young as seven to be sentenced to death.

“Given the state of the Maldivian judiciary, which is also perceived to be highly politicised and corrupt, it is most concerning that as grave a matter as life and death of humans is to be decided by it,” the MDN stated.

Adopted on April 27, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18. The age of criminal responsibility in the Maldives is ten, but for hadd offences, children as young as seven can be held responsible. Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

The MDN’s statement closely follows a statement by the Office of the High Commissioner for Human Rights (OHCHR) in which the organization called for the practice to be abolished.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the OHCHR.

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she told reporters.

A step backwards

The regulation on the implementation of the death penalty and the penal code pushes the Maldives backwards in an age when several countries in the world, including Muslim nations, are moving away from it, the MDN said.

The lack of legislation on evidence, witness protection and criminal procedures lead to a systematic failure to do justice and as a result innocent lives may be lost, the organization noted.

“The Maldivian criminal justice system lacks crucial legislation on evidence, witness protection and criminal procedures, leading to structural gaps and systematic failures to do justice as independent observers have noted in the past.

“A catastrophic result of this may be the loss of an innocent life, which is neither replaceable nor correctable.”

The MDN also highlights the possibility for minors to be sentenced to death as a major concern, and violation of the minor’s rights.

“We are also deeply concerned the regulation violates the rights of the child. Under the Convention on the Rights of the Child and International Covenant on Civil and Political Rights, a death penalty may not be imposed for a crime committed by a person under 18 regardless of his/her age at the time of the trial or sentencing or of the execution of the sanction.

“In addition to this, research shows that capital punishment does not deter murder any greater than the threat and application of lesser punishments. Maldivian Democracy Network implores the government to reconsider the decision to implement the death penalty in the Maldives, and make meaningful efforts towards prevention of crime and the protection of human life,” the statement concluded.

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Government and civil society highlight work needed to safeguard human rights

State institutions have both celebrated the current progress in the protection of human rights in the Maldives, as well as expressing concern about certain violations and restrictions in the field.

A series have statements accompanied the 63rd International Human Rights Day – December 10.

With this year’s Human Rights Day aligning with the Human Rights Commission of the Maldives (HRCM)’s 10th Anniversary, the independent commission held an event on Tuesday night, attended by several cabinet ministers, alongside political and civil society actors.

“It is crucial to overcome obstacles in the protection of rights guaranteed to Maldivians through the constitution and the international treaties, and for all institutions to work justly and equitably to reach this goal,” said HRCM President Mariyam Azra at the event.

Furthermore, in a statement released on Tuesday, the HRCM president stated that while the commission is pleased that human rights has become a topic openly and often discussed over the past decade, there still remains much work that needs to be done in the country to adequately protect human rights.

“What leads to the violation of rights is the lack of respect for rights. The abuse of rights committed by those in high positions oftentimes as a show of power most often affects the most vulnerable persons who are already in need of special protection. That is to say, people who are sidelined by society itself,” the statement read.

While there are state institutions mandated to protect citizens from harm and to bring perpetrators to justice, Azra commented, “as it is humans working in these institutions, a culture of treating others in a manner you would wish yourselves to be treated needs to be better established”.

She also noted that, when intervening in the case of a 15 year old rape victim being charged with fornication and sentenced to 100 lashes by flogging, the commission realised the importance of interventions even at the court proceedings stage.

“When after we intervened, the High Court overruled the Juvenile Court’s sentence on the child, we realised the importance of intervention even at the stages of court hearings. Therefore, we have now planned to conduct further work in the field after seeking cooperation from the judiciary,” she revealed.

“President Yameen has an unwavering commitment to establish a consolidated democracy”

Meanwhile, Minister of Foreign Affairs Dunya Maumoon stated that the Maldives has given “greater impetus and focus to strengthening our systems and institutions to better safeguard human rights and fundamental liberties” since former President Maumoon Abdul Gayoom began the introduction of democratic governance in the country in 2004.

While acknowledging that much work needs to be done to safeguard human rights in the country, Dunya stated, “I am pleased to reiterate the unwavering commitment of His Excellency President Abdulla Yameen Abdul Gayoom to continue the country’s journey, with greater vigour and determination, to its destination of a consolidated democracy.

She asserted that the government will focus on completing its human rights treaty reporting obligations and reducing the gaps that exist within the framework, among other related work.

She further spoke on the Maldives’ role in the UN Human Rights Council (UNHRC), emphasising among other points that the country had “always pledged to defend the Constitution, to strengthen our judiciary and independent institutions and to uphold the rule of law”.

“We have not minced our words in our calls to protect the rights of all Muslims around the world. We have stood up against Islamaphobia and risen to build the fallen bridges of tolerance and respect,” the statement read.

The minister pledged to continue the work through the country’s membership in the UNHRC and at the local level.

State must take initiative to provide justice to those who suffered HR violations: MDN

Local Human Rights NGO Maldivian Democracy Network (MDN) commended the current stability in the country, maintaining that it is the result of having an elected government in place after a politically turbulent period.

Thanking the Elections Commission for its work to defend the right to vote and the losing candidate Maldivian Democratic Party (MDP)’s Mohamed Nasheed and his supporters for their ready acceptance of electoral defeat, the NGO called on security forces and the general public to ensure that the stability in the country is maintained as a peaceful one by refraining from committing acts of violence or injustice against any persons.

“This organisation believes that it is a responsibility of the government to take the initiative to ensure justice for all those who have suffered different manners of abuse and HR violations in these past days,” the statement read.

“It is crucial that state institutions act in accordance with the recommendations put forth by the Commission of National Inquiry,the HRCM and the Police Integrity Commission after concluding investigations into the events of February 7 and 8, 2012. This will be the most important and initial step towards establishing justice,” it continued.

“It is also important to learn of the injustices against separate persons being committed by the judicial, political and social sectors currently, and to ascertain that they proceed in a just manner. We call on the government and concerned state authorities to ensure this.”

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MP allowance debacle “not a mix-up”: State Finance Minister

The Finance Ministry today rejected implications that yesterday’s release and recall of the controversial Rf20,000-a-month committee allowances against a court injunction was a mistake which had caused confusion in the government.

“I don’t think it’s a mix-up,” said State Minister of Finance Ahmed Assad today. Assad was unclear about the court injunction.

“Releasing that sort of money is not a big procedure, I think this is just people trying to follow the general rules and experiencing an administrative error,” he said.

Assad didn’t believe anyone deserved blame, and said that “if anything, it is the ministry at large that was at fault.”

Local daily Haveeru yesterday reported that the allowances had been issued “by mistake.”

Finance Minister Ahmed Inaz had not responded to Minivan inquiries at time of press.

The court injunction, which was issued on September 26, ordered the Finance Ministry not to release funds for the committee allowance until the court rules on a case filed on behalf of a civil servant, contending that the allowance could not be given before deducted amounts from civil servants salaries were paid back.

The injunction has since been appealed by the Attorney General’s Office at the High Court, which is due to hold a first hearing on Sunday.

Parliamentary privileges

Meanwhile parliament yesterday debated a motion without notice proposed by Vilufushi MP Riyaz Rasheed claiming that a civic action campaign launched by concerned citizens in late August violated MPs’ special privileges.

MDP MP Ahmed Easa told Minivan News yesterday that colleagues had said the allowance was being released to the parliament secretariat, but he was told that it had been held back by the Minister of Finance.

“I don’t think there was any wording, anything in what the court said indicating that they couldn’t release the money,” said Easa. “But no money has been going in to my account today, I can tell you that.”

Easa elaborated on the allowance, saying that the amount of staffing support and allowances other government branches received justified MPs accepting the proposed allowance.

“The MP point of view is that some of the independent wages and allowances are greater than MPs. The MPs are expected to do research and other duties, but we don’t have an office, a supporting staff, a phone allowance, a travel stipend to visit constituents or other things to support our work. Seven percent of our salary is taken out for a pension fund, and Male’ is an expensive place to live,” said Easa.

Easa said he will accept the allowance, but pointed out that he had always objected to it in parliament on the grounds that all payrolls should be streamlined.

“But if these other government groups are taking an allowance, why not the MPs? This is a democracy, so I always respect the majority decision.”

Lawyer Mohamed Shafaz Wajeeh, one of two lawyers involved in the civil case, argued that the number of people benefiting from the allowance does not justify the sum released, which amounts to Rf18 million (US$1.1 million).

“It’s greed. Just greed,” Shafaz said. “MPs and higher-ups in the government are probably more aware of their own power than they should be. The thinking behind this goes against everything we know.”

Shafaz suggested the government consider other options, such as releasing the allowance in installments to lighten the burden on the state budget and other subsidiaries.

“But I’m not sure how much political will there is to do this. Everyone says the allowance is a good idea.”

Civil society

Although members of the civil sector earlier issued a statement objecting to the allowance, which they called “a gross injustice to the Maldivian people,” they have not articulated an official position on the issue of late.

Maldives Democracy Network (MDN) Director Fathimath Ibrahim Didi said that individuals in the organization were involved at the beginning, but that they did not represent MDN.

“Now, I think there may be a group working against the allowance, but it is loosely formed involving people from NGOs, lawyers and individuals,” she said.

Transparency Director Ilham Mohamed told Minivan News that a volunteer team was addressing the matter, but that large protests had not been organized among local non-government organizations (NGOs).

“I believe there may be sporadic gatherings in different places,” said Mohamed. “I do know that the NGOs that were involved in the original statement opposing the MP allowance are unified on this issue.”

“Symbolic”

The decision to approve the Rf20,000 (US$1200) monthly allowances in December 2010 was met with  protests and widespread public indignation. However in June this year, parliament rejected a resolution proposed by opposition Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf to scrap the allowance.

Meanwhile the current civic action campaign was prompted by parliament’s Public Accounts Committee (PAC) deciding in late August to to issue a lump sum of Rf140,000 (US$9,000) as committee allowance back pay for January through July this year.

Article 102 of the constitution states that parliament shall determine the salaries and allowances of the President, Vice President, cabinet ministers, members of parliament, members of the Judiciary, and members of the independent institutions.

The Rf20,000 allowance was initially approved on December 28, 2010 as part of a revised pay scheme recommended by the PAC.

During yesterday’s debate on a privileges motion regarding the anti-committee allowance campaign, MP ‘Colonel’ Mohamed Nasheed, a member of the PAC, explained that the committee felt that MPs should earn a higher salary than High Court judges.

“But even then the honourable members of the Public Accounts Committee believed that MPs were receiving a sufficiently large salary in relation to the country’s economic situation,” he said, adding that a decision was made to institute a “symbolic” committee allowance.

“The thinking at the time was to give it to MPs who attend committee meetings as a very symbolic thing, for example one laari or 15 laari. But to ensure that take-home pay for MPs would be Rf82,500,” he said.

However, he continued, this “noble effort” became politicised and the subject of “an anti-campaign programme.”

Colonel called for legal action against the activists “when they go beyond the boundaries of free expression” and the right to protest, claiming that MPs’ families and children had been targeted.

Echoing a claim made by a number of MPs yesterday, Colonel said none of his constituents had asked him to decline the allowance.

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