Tag: MDP protests

Parliament accepts amendments for regulating division of assets after divorce

Parliament today accepted for consideration amendments to the Family Act submitted on behalf of the government by Progressive Party of Maldives (PPM) MP Abdul Latheef Mohamed for regulating division of assets after divorce.

The bill was accepted with 41 votes in favour, four against, and sent to the Social Affairs Committee for further review.

Preliminary debate and voting on the bill took place amidst protests by the opposition Maldivian Democratic Party (MDP) MPs, who have been protesting at every sitting of the People’s Majlis since the arrest and prosecution of former President Mohamed Nasheed on terrorism charges.

Continuing the protests into the seventh consecutive sitting today, MDP MPs blew on whistles and used a megaphone to call for President Abdulla Yameen’s resignation.

Parliament has ceased providing live feed to television stations since the protests began.

Equitable distribution

The amendments (Dhivehi) meanwhile state that a court would decide upon the equitable distribution of marital property in divorce cases.

The court should consider the extent of both the work done as well as expenses made individually by the husband and wife for earning the couple’s money or assets.

Moreover, the court should take into account any debts incurred during the marriage as well as the needs of any children under 18 years of age.

The revisions also state that the court could order the ex-husband to pay child support and provide financial support to his ex-wife.

In his presidential address at the opening of parliament earlier this month, President Yameen said the legislation would protect women’s rights in divorce cases as pledged during the presidential campaign.

The PPM pledged in its manifesto to ensure that women get their fair share of common property after divorce.

Meanwhile, during Monday’s sitting, parliament accepted for consideration government-sponsored legislation on establishing the ‘Maldives Islamic University.’

The bill was accepted unanimously with 55 votes in favour following a preliminary debate, during which nine MPs spoke.

The draft legislation was forwarded to the National Development Committee for further review. The committee’s chairman, Ibrahim Shujau, told the press after the sitting that the legislation would be reviewed and sent back to the floor for a vote within a week.

The PPM MP for Baarah said the bill would be passed into law by the end of the month, noting that establishing an Islamic University was an important pledge of President Abdulla Yameen.

Once ratified, the existing Islamic College or Kulliyah would be renamed the Islamic University of Maldives.

Related to this story

Opposition MPs continue Majlis protests

President Yameen delivers presidential address amidst opposition protests

President Yameen should apologise for thumbs down gesture, says MDP chairperson

10,000 protest in Malé, call for President Yameen’s resignation

Police arrest former President Mohamed Nasheed ahead of terrorism trial

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Police used excessive force against demonstrators, says HRCM in UPR report

Police used disproportionate force against demonstrators during street protests in the aftermath of the transfer of power in February 2012, states the Human Rights Commission of Maldives’ (HRCM) Universal Period Review (UPR) report.

“HRCM observed during dispersal of demonstrations [Maldives Police Service] used disproportionate force which was at times discriminatory towards political parties, excessive and disproportionate use of pepper spray at protestors, inconsistency in issuing warnings before dispersal and obstruction of media,” reads the report.

“It was evident that some demonstrators were subjected to torture at the time of arrest.”

In June 2012, the Maldives Police Service (MPS) denied allegations of police brutality by Amnesty International, which had condemned the “excessive use of force” against demonstrators.

Amnesty’s statement followed its investigation of a police crackdown on a Maldivian Democratic Party (MDP) protest against the dismantling of the opposition party’s Usfasgandu protest camp on May 29 – a crackdown which included “beatings, pepper-spraying, and arrests”.

“Those attacked include peaceful demonstrators, members of parliament, journalists and bystanders,” said Amnesty.

The HRCM meanwhile recommended “action against officers who violate the laws, eliminating room for impunity.”

Last month, Attorney General Mohamed Anil told parliament that five police brutality cases from February 2012 were ongoing at court.

While it had concluded that the transfer of presidential power was constitutional, the Commonwealth-backed Commission of National Inquiry had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers.

After the ministry instructed police to take disciplinary action against the officers, the police disciplinary board sacked one officer.

However, the disciplinary board decided there was insufficient evidence to prove wrongdoing by the other five officers and decided not to dismiss them pending the outcome of a trial.

On February 8, 2012, thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the HRCM concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

Torture and prisons

The HRCM revealed in the UPR report that a total of 304 torture allegations were filed at the commission, “of which 74 allegations have been investigated from 2010 to July 2014.”

“However, none of these cases were sent to prosecution due to lack of enough evidence to prove them in a court of law,” the report stated.

On pressing issues concerning the prison system, the report highlighted “the lack of categorisation, unavailability of rehabilitation and reintegration programs, unnecessary strip‐search and disproportionate disciplinary measures towards male prisoners and minors.”

“In custodials, issue of overcrowding, handcuffing for indefinite periods, extended detention for investigation purposes and failure to collate data in a systematic way are areas suggested for improvement over the years,” the report noted.

“In the only psychiatric institution of state, despite continuous recommendations for change, geriatric patients and patients enduring mental illnesses and [persons with disabilities] are accommodated without proper categorisation. Institution for children under state care is heavily under‐staffed. Inappropriate disciplinary measures against children under de facto detention persist in most institutions sheltering juveniles.”

Gang violence and juvenile justice

The HRCM also noted that gang violence and murders “increased at an alarming rate” in recent years.

“A study shows that many of these gang related violence are linked to politicians or business persons who pay gangs to carry out violent acts. Yet, state has been unsuccessful in effectively addressing this issue. So far 21 murder cases were recorded since 2010, most of which were gang related,” the report explained.

The reasons why youth join gangs include the “search of identity and protection” and unemployment, the report noted.

“With criminal records or inability to exit gang life makes it difficult for youth to find employment, rehabilitation opportunities and remain stigmatised by society,” the report stated.

“Although, human resource, rehabilitation and support programs remain limited for proper functioning of a juvenile justice system; the lack of political will along with resource constraints impacts addressing these issues.”

Referring to new regulations on enforcing death penalty, which allow minors convicted of murder to be executed once they turn 18, the HRCM called on the state to “abolish death penalty for minors.”

“The age of criminal responsibility is 15 years and minors can be held for hadd offence,” the report explained.

“Bills such as Criminal Procedure Code, Evidence Bill and Witness Protection needs to be enacted and state is yet to establish an independent forensic institution to provide accurate information to make an impartial decision on matters concerning administration of death penalty.”
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Six arrested during MDP protest against prosecution of party supporters

Police arrested six people during the Maldivian Democratic Party’s (MDP) demonstration held on Tuesday evening to protest against ongoing court cases against its supporters.

According to the party, the Prosecutor General (PG) has filed charges against 60 MDP members for obstruction of police duty during the party’s three-month series of protests. If charges are proved, the accused may be jailed for six months or fined up to Rf 12,000 (US$800) each.

The Criminal Court on Tuesday held hearings against 10 people charged with obstruction of police duty during an MDP rally on March 1.

The six arrested on Tuesday were also detained for obstruction of police duty.

The MDP has been campaigning for fresh elections in 2012 after former President Mohamed Nasheed alleged he was deposed in a coup d’état, carried out by mutinous elements of the police and military on February 7.

Speaking to MDP members on Tuesday night, Nasheed said he was “concerned about the arrest and prosecution of protesters exercising their right to freedom of expression and assembly.”

The MDP continues to rally against prosecution of its supporters with a peaceful demonstration held outside the Supreme Court building at 2:00 pm on Wednesday. At time of press MDP supporters were also gathering outside the Justice Building where the country’s lower courts are housed.

Arrests

Police Spokesperson Hassan Haneef said the six people arrested on Tuesday were detained for obstructing police duty after they broke through police barricades in front of the Maldives Monetary Authority (MMA) building. Five of the six arrested continue to remain in custody.

Haneef also said two police officers had suffered head injuries after protesters threw glass bottles at the officers.

Minivan News observed over a thousand protesters at the MDP rally.

In a statement on Wednesday, the MDP claimed its supporters were pepper-sprayed at close range and beaten with batons on Tuesday night.

Video footage of the protest shows a woman fall to the ground as police officers in riot gear attempt to arrest her.

Court cases

The ten people who appeared in court on Tuesday were arrested during an MDP protest on March 1 which had sought to obstruct new President Mohamed Waheed Hassan from delivering a presidential address at parliament’s opening session on March 1.

According to local media, two policemen gave differing statements on Tuesday’s hearing. One police officer said he had witnessed eight of the 10 men who appeared in court beating police shields, while another policeman said he had only seen five of the ten men beat on police shields during the protest.

The Prosecutor General’s (PG) Office was unable to confirm the exact number of cases filed at court for obstruction of police duty.

However, Deputy PG Hussein Shameem has previously told Minivan News that 116 cases had been filed against demonstrators regarding unrest on February 8. Riots broke out throughout the Maldives following a brutal police crackdown on MDP supporters in Malé. Court buildings and police stations were set on fire and vandalised during the riots.

“We have submitted 116 cases to the criminal court. The charges we have filed regard obstruction of police duty, assault on police officers on duty, and attempt to assault police officers on duty,” Shameem said.

Freedom of assembly

Speaking to MDP supporters, Nasheed said he condemned the charges against “peaceful” protesters while police and military officers who carried out the “coup” continued to remain free.

“Maldivian citizens cannot accept the prosecution of protesters who raised their voices against treasonous police and military, when we continue to see these officers in front of us,” Nasheed said.

“It is essential that we come out in support of those who are being tried. We gain success only when we find courage in each other to overcome fear. It will be difficult to carry out civil disobedience if we neglect those who are arrested from amongst us,” Nasheed added.

Police have also forwarded two different cases against Nasheed over the discovery of alcohol bottles at his former residence Muleeage on February 7 and the controversial arrest of Criminal Court Chief Judge Abdulla Mohamed in January.

Video footage of MDP rally on May 8:

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Opposition parties condemn “dangerous” MDP protest against judiciary

Opposition parties have strongly condemned a protest launched by the ruling Maldivian Democratic Party (MDP) against the judiciary and Supreme Court last week, warning of “dangerous” consequences for the nation.

At a press conference today, Dhivehi Rayyithunge Party (DRP) Deputy Leader Ibrahim ‘Mavota’ Shareef argued that with its campaign against the judiciary the ruling party was risking the Maldives becoming “a failed state.”

“We are starting to see in our country scenes similar to what we saw in countries like Rwanda and Uganda which became failed states, plunged into unrest and bloodshed,” he said.

If judges were accused of misconduct or corruption, said Shareef, complaints could be filed at the Judicial Service Commission (JSC), the oversight body for the judiciary.

“Trying to undermine the eminence and dignity of the whole judiciary cannot be seen as efforts to reform judges and put the courts back on the right track,” he contended.

The courts, police and Prosecutor General must take “legal action” against those who undermine the judiciary’s honour and prestige, Shareef said.

The DRP was “very concerned” with fears that the “whole system of justice in this country could fail,” he added.

Following the MDP’s national council approving a resolution to protest against the judiciary, DRP put out a joint press statement with its coalition partner Dhivehi Qaumee Party (DQP) condemning the planned protest as an attempt to “influence the judiciary, intimidate judges and bring the courts into disrepute.”

In response to the MDP protest, the newly-formed Progressive Party of Maldives (PPM) led by former President Maumoon Abdul Gayoom organised a demonstration at artificial beach Friday night to protest the MDP’s “intimidation of judges” and vowed to defend the judiciary.

The religiously conservative Adhaalath Party meanwhile issued a press statement yesterday characterising the MDP protest as “a dangerous warning from the MDP to Maldivian citizens who are against its ideology.”

Adhaalath claimed that the “true purpose” of the MDP’s campaign was to “nullify Islamic shariah, introduce common law to the country and bring foreign judges into the Maldivian judiciary.”

Adhaalath also accused the ruling party of using “bribery, undue influence and intimidation” to threaten separation of powers and “bring all the powers of the state into the President’s fist.”

Echoing a criticism made by other opposition parties, Adhaalath criticised police for failing to protect the former President’s residence. “This shows that the police as an institution is shackled by political influences,” the party said.

“Seven idiots”

In its statement, the Adhaalath Party called on the Supreme Court to take action against the President’s advisor Ibrahim ‘Ibra’ Ismail for saying at an MDP rally Friday night that the judiciary should be freed from “seven idiots” on the apex court.

Ibra recently filed a defamation case against the Supreme Court after it reprimanded him for calling on the public to “rise up and sort out the judges”.

In response to Ibra’s calls, the Supreme Court and the JSC demanded authorities investigate the former Male’ MP and chairman of the Special Majlis’ constitution drafting committee, claiming that “making such statements in a free, democratic society under lawful governance goes against the principles of civilisation.”

The Supreme Court subsequently issued a writ of prohibition and took over the case against it from the Civil Court, as a result of which, said Ibra, “I now have to go before the Supreme Court and say to them, ‘You have defamed me, now please decide in my favour.'”

Speaking at MDP Haruge on Friday night, Presidential Commission Spokesperson Abdulla Haseen noted that judges were not independent under the former government and had to follow instructions from the President or the Justice Minister on how to issue verdicts.

A majority of judges on the bench today were appointed by the former President and lacked educational qualifications to enforce the new constitution, he argued.

Haseen said the Presidential Commission was reluctant to send cases for prosecution as a number of cases against opposition MPs remained stalled at the Criminal Court for over two years.

MDP MP Mohamed Nazim said the party was powerless to prevent the contentious reappointment of judges without a parliamentary majority.

In August 2010, the JSC reappointed 160 of the judges appointed by the former government, despite a quarter of the bench possessing criminal records and many others with only primary school level education.

The Supreme Court meanwhile sent the President a letter claiming it had ruled itself tenure for life.

“The only thing we were able to do was [include a provision in the Judges Act] stating that lower court judges must obtain a diploma in seven years,” Nazim said.

Nazim accused the courts of partisan behaviour when it summoned Independent MP Ismail Abdul Hameed to court 45 minutes before a crucial vote on the Goods and Services Tax (GST) legislation. Hameed was found guilty of abuse of authority in his position as former director at the Male’ municipality and sentenced to one year’s banishment.

In his remarks, former Attorney General Dr Ahmed Ali Sawad observed that political parties neglected the development and modernisation of the judiciary during the reform movement that led to the adoption of a liberal constitution and multi-party democracy.

Criticism and civic action was necessary because of the current state of the judiciary and lack of public confidence in the institution, Sawad said, adding that criminalising persons who criticise the judiciary was contrary to “principles of democracy.”

The public should be able to criticise and comment upon court verdicts, individual judges and perceived failings of the judiciary, he insisted.

In May this year, the JSC abolished its Complaints Committee citing “efficiency”, with complaints against judges subsequently forwarded for review by the legal section and Commission Chair Adam Mohamed, a Supreme Court Justice.

Last year the JSC received 143 complaints concerning the conduct of judges. By its own statistics none were tabled in the commission, and only five were ever replied to. Chair of the former complaints commission, Aishath Velezinee, was meanwhile stabbed in the street in January this year.

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