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Jameel and Dunya to defend Maldives’ human rights record at UNHRC

The Maldives’ government will on Thursday defend its human rights record to the UN Human Rights Committee (UNHRC) in Geneva.

The delegation will be headed by Home Minister Dr Mohamed Jameel, former Justice Minister under the 30 year rule of President Maumoon Abdul Gayoom and co-author of a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’, published in January 2012 while in opposition.

Dr Jameel will be accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, Counsellor Marc Limon (formerly of PR firm Hill & Knowlton), Third Secretary Muruthala Moosa, and four interns: Marie Gabrielle Glock, Katherine Hamilton, Jessi Challis and Rinaldo Foncesca.

The UNHRC has already identified key issues to be taken up with the Maldives, concerning its International Covenant on Civil and Political Rights (ICCPR) commitments. A document outlining these issues – drawn from the country’s Universal Periodic Review (with submissions from government, HRCM and civil society), was published in August 2011 – prior to the controversial change of government and fresh allegations of police brutality and attacks on journalists.

Issues identified in the 2011 document include counterterrorism measures, commitment to reducing discrimination (including on the basis of gender, sexual orientation, and religion), and prohibition of torture and cruel, inhuman and degrading treatment or punishment.

One specific issue identified was the move in parliament to make the enforcement of the death penalty mandatory where such a verdict is upheld by the Supreme Court, which would place the Maldives in breach of its ICCPR commitments.

Dr Jameel last week stated he was willing to implement death penalty in his capacity as Home Minister. Supreme Court Chief Justice Ahmed Faiz also said he was willing to enforce such verdicts, as the Maldives struggles to come to terms with a sudden wave of violent crime and murder this year.

The ICCPR document asks whether prison personnel responsible for the death of Evan Naseem – a watershed moment in Maldivian political history that sparked democratic reform – had been investigated, and faced justice.

The document challenges the Maldives’ commitment to combating domestic violence and sexual assault in general: “According to information before the Committee, in the absence of a confession, a man can only be convicted of rape if there are two male or four female witnesses to the act. How does this comply with the Covenant?”

It also asks the Maldives to clarify its position on corporal punishment, whereby flogging sentences are routinely given for offences under Islamic sharia. The topic is sensitive in the Maldives, with UN Human Rights Commissioner Navi Pillay widely condemned in the Maldives following her call in parliament for a moratorium on the flogging of women as punishment for extramarital sex.

The UN document – produced in August 2011 – also calls on the government to clarify matters surrounding the nine-day detention without charge of MP Abdulla Yameen, then “leader of the opposition”, and challenges the government on issues relating to prison conditions, overcrowding, and lack of a legal aid scheme.

The document calls for the government to explain the country’s treatment of migrant workers, and in particular, “explain the measures being taken to deal with the trafficking of individuals from Bangladesh and India, who are mainly trafficked into the State party for labour and commercial sex exploitation.”
The document also requests the Maldives justify its reservation to article 18 of the ICCPR concerning freedom of religion, specifically the practice of religions other than Sunni Islam by the country’s largest population of foreign nationals.

It also calls on the Maldivian government to respond to allegations of “widespread harassment and intimidation” of journalists.

On June 4, well-known blogger and journalist Ismail ‘Hilath’ Rasheed had his throat cut in what appeared to be the first targeted assassination attempt of a media figure in the Maldives. Rasheed, who had been attacked multiple times prior to the attempt on his life, survived, and has since fled the country. Rasheed claimed he was attacked by radicalised gang members who were operating with the consent of “senior political and religious figures.”

Government response

The government of the Maldives responded to the list of issues earlier this month, ahead of its session with the committee later in July.

It acknowledged “efficiency and effectiveness” challenges with the local Human Rights Commission (HRCM).

“Notwithstanding, the government believes that HRCM already possesses necessary human and financial resources. It is worth noting that at a time of severe
economic difficulties in the Maldives, the HRCM has a budget of 22 million rufiyaa ($1.4 million – an extremely large sum considering the small economy and small population of the Maldives) and a staff of over 50 officials,” the response noted.

The Maldives had made considerable progress on issues of gender discrimination, the government stated, and towards addressing domestic violence with the introduction of a relevant bill.

On the subject of discrimination based on sexual preference, the Maldives had no specific law banning homosexuality, the government noted, however “article 10 of the Constitution of the Maldives states that the religion of the State of Maldives is Islam and Islam shall be the one of the basis of all the laws of the Maldives. Therefore, no law contrary to any tenet of Islam shall be enacted in the Maldives.”

“This excludes the possibility of enacting any law protecting the rights of persons based on their sexual orientation,” the government stated, adding that 23 people had been formally charged for homosexuality between 2007-2011.

With regard to article 18 on the right to freedom of thought, conscience and religion, “the reservation states that the application of the principles set out in article 18 will be without prejudice to the Constitution of the Maldives,” the government stated.

“Chapter II of the Constitution on fundamental rights and freedoms does not include, among the rights guaranteed, freedom of thought, conscience and religion.”

Regarding concerns over the introduction of the death penalty, the government noted that the referred bill was a proposed amendment to the Clemency Act “which will make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

“The amendment is proposed in an effort to stop crimes of murder and violence. The death toll in the Maldives has increased recently to a level of great concern and it is in the view that if death penalty or capital punishment is enforced it would reduce crime rate,” the government stated.

While corporal punishment was not explicitly prescribed in the penal code, it was administered for “certain offences prescribed in Sharia.”

“The government is, however, looking at ways to ensure that the punishment is not applied in a discriminatory manner. At present, women are far more likely to be publicly flogged than men – mostly because of outdated court procedures such as reliance on confessions rather than forensic evidence – though as noted above this is changing,” the government stated.

Yameen’s detention on the Presidential retreat at Aarah by the government of President Mohamed Nasheed “acted in contravention of the prescribed 24 hour rule and did not follow due process in dealing with political opponents on a number of occasions,” the government stated.

“Mr Yameen Abdul Gayoom‟s arrest and detention – by the police on an isolated island [Aarah] without access to a lawyer or to his family, were arbitrary and unlawful,” the government said.

On human trafficking, the government outlined measures it was taking to address international concerns and provide support for victims, including “a 24/7 toll-free help line to be announced shortly.”

“Language training is to be provided for the staff of Department of Immigration and Emigration and Labour Relations Authority (LRA) or translators are to be placed at borders to assist in identification of victims and providing necessary assistance to the victims,” the government stated. The country recently appeared on the US State Department’s Tier 2 Watch List for Human Trafficking for the third year running.

The government denied harassment and intimidation of journalists. Instead, “media freedom has remained steady with the constitution protecting freedom of expression but also restricting freedom of speech contrary to the tenets of Islam.”

While the government blocked websites controversial to Islam, ”the government is working to ensure the media is free to tackle any subject. It was by the current administration of President Dr Waheed Hassan who took office in February 2012 that Maldives National Broadcasting Corporation was handed over to the Parliament-created Maldives Broadcasting Corporation that had ended executive control of the media.”

A number of NGOs, including Redress, the Helios Life Association, the International Disability Alliance (IDA) and social services veteran and former State Health Minister Mariya Ali have submitted reports and evidence to the panel, which is to be webcast live.

Minivan News will review these submissions this week ahead of the Maldives’ appearance in Geneva.

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Comment: Sharia and the death penalty

This article first appeared on Dhivehisitee. Republished with permission.

On July 1, a Maldivian lawyer was brutally murdered, his body stuffed into a dustbin.

On June 4,  militant Islamists tried to murder Hilath Rasheed, the country’s only openly gay rights activist and a rare voice advocating secularism in the Maldives.

On 30 May,  a 65-year-old man was killed on the island of Manafaru by robbers after his pension fund.

On the same day, in Male’ a 16-year-old school boy was stabbed multiple times and left to bleed to death in a public park.

On April 1, a 33-year-old man was stabbed to death in broad daylight by two men on a motorbike.  On February 19, a twenty-one-year-old life was taken in a case of ‘mistaken identity’.

Amidst the increasing violence and decreasing value of life, calls for restoration of the death penalty are growing. It is normal for a society experiencing unprecedented levels of crime to demand the death penalty as a solution. In the Maldives, however, the whole debate is framed within the precincts of religion, touted as a return to ‘Islamic justice.’

This is not to say other ways of looking at it are completely absent from the discourse. There’s Hawwa Lubna’s examination of the death penalty within a rule of law framework in Minivan News, and Mohamed Visham’s somewhat confused and confusing analysis of its pros and cons in Haveeru, for example. Such discussions are, however, pushed to the fringes as the theme of ‘Islamic justice’ takes precedence.

My question is, how Islamic is this call for ‘Marah Maru’ [death for death]? Is revenge what underpins provisions for the death penalty in Sharia?

The Qur’an mandates that everyone has a right to life, unless a court of law demands killing: “Nor take life — which Allah has made sacred — except for just cause.”1

What is not being said in the Maldivian debates on the death penalty is that although the Qur’an provides for situations in which the death penalty can be imposed, all such situations are carefully laid out with stringent evidentiary requirements that discourage carrying out a death sentence.

And, in all situations where capital punishment can be imposed, it offers alternative punishments that allow the death penalty to be avoided. 2

Among the three types of crimes for which the death penalty can be imposed in Sharia–hudud, qisas, and the ta’zir– murder belongs to the Qisas category. Qisas are offences proscribed by the Qur’an or Sunnah, but are subject of personal claims, rather than offences against Islam. Qisas deals with murder or bodily injury. The Qur’an allows retaliation against the individual who commits a Qisas crime, but also clearly demonstrates a strong preference for forgiveness.3

We have often heard in the current Maldivian debate the call for an ‘eye for an eye’, a ‘life for life’, citing the Qur’an; what we do not hear is the rest of the verse.

We ordained therein for them:

“Life for life, eye for eye,

Nose for nose, ear for ear,

Tooth for tooth, and wounds

Equal for equal.”

But if Anyone remits the retaliation

By way of charity, it is

An act of atonement for himself.

And if any fail to judge

By (the light of) what Allah

Hath revealed, they are

(No better than) wrongdoers. 4

The law of equality

Is prescribed to you

In cases of murder:

The free for the free,

The Slave for the Slave,

The woman for the woman.

But if any remission

Is made by the brother

Of the slain, then grant

Any reasonable demand,

And compensate him

With handsome gratitude 5

The right for the family of a murder victim to demand harm is balanced by the opportunity for family members to accept payment, or diya, for their loss instead of demanding that the perpetrator be punished. This is reflected in the fact that, generally, the Qur’an expresses a preference for diya over qisas 6 It says, for instance, that the Muslim who chooses diya will be rewarded in heaven:

It is part of the Mercy

Of Allah that thou dost deal

Gently with them.

Wert thou severe

Or harsh-hearted,

They would have broken away

From about thee: so pass over

(Their faults), and ask

For (Allah’s) forgiveness

For them; and consult

Them in affairs (of moment).

Then, when thou hast

Taken a decision

Put thy trust in Allah.

For Allah loves those

Who put their trust (in Him) 7

The question is, when Sharia so emphasises forgiveness over punishment, why is the emphasis of the Maldivian death penalty debate on punishment over forgiveness? In the murder of lawyer Ahmed Najeeb, for instance, the breathtakingly rapid investigation and court case revealed that two members of Najeeb’s eight inheritors chose diya over death, preferring not to take a life for a life.

When, according to the Qur’an and Sunna, diya is the more honourable choice, why was the choice of these two relatives Najeeb not highlighted in the national discourse as motivated by ‘Islamic values’ and, therefore, praiseworthy?

Why is ‘truly Islamic’ justice only portrayed as ‘an eye for eye, a life for a life’?

Not only is the reluctance to punish found in the Qur’an, it is also the case in the Sunnah. A’isha, the wife of the Prophet said, for instance, to:

avoid condemning the Muslim to Hudud whenever you can, and when you can find a way out for the Muslim then release him for it. If the Imam errs it is better that he errs in favour of innocence…than in favour of guilt.8

There is another narrative from the Prophet’s life that demonstrates he actively encouraged his followers to ward off punishment by looking for uncertainties that would create reasonable doubt, making the punishment impossible.

Maa’iz b. Malik was a person who presented himself to the Prophet, confessing Zina and requesting purification with the hadd. His story is scattered through the books of Hadith in numerous narrations. The Prophet repeatedly told him to go back and seek Allah’s forgiveness. After he kept returning, the Prophet made a number of attempts to make sure there was no doubt. He sent his Companions to Maa’iz’s people to inquire if he was known to be insane. He was informed there was no evidence of insanity nor was was he known to have any defect in his mind. He then asked them whether he was intoxicated, and the Companions smelled his mouth and informed him that they could not detect any signs of alcohol on his breath. Only then did the Prophet implement the hadd of stoning. In additional narrations of this same story, the prophet asked Maa’iz some specific questions to avert possible doubt:

“Perhaps you only kissed her or flirted with her or gazed at her.” Maiz replied, “No”. He then asked, “Did you have physical intercourse with her?” He replied, “Yes,” and only then was he ordered to be stoned.9

Quite clearly, Islamic justice is based on the ethos of forgiveness rather than punishment.

This understanding of the Sharia is being left out of the Maldivian debate – as it was left out of much of Western discourse on Sharia in the last decade – by those calling for an end to the moratorium on the death penalty. It is a suspension that has lasted from 1953 till now, and one that more closely reflects the Quranic understanding of Sharia.

Given that all parties pushing the death penalty are framing it as re-introduction of an ‘Islamic justice’ system, it is wrong that they are all ignoring the emphasis that the system places on finding alternatives to taking a life for a life.

It raises the question of whether the real motives behind the call for the death penalty are political rather than a desire for justice itself, Islamic or otherwise.

Leading the call are the usual suspects – prominent legal players such as Attorney General Azima Shukoor, Prosecutor General Ahmed Muizz and Home Minister Mohamed Jameel Ahmed – who have all expressed their desire for restoration of the ‘Islamic justice’ of the death penalty. And the Chief Justice Ahmed Faiz has – incredibly – described the beleaguered Maldivian justice system as capable of meting out capital punishment justly.

For politicians, imposing the death penalty at a time of unprecedented violence such as now provides the opportunity for appearing tough on crime – always a vote-attracter among a population battling with rising crime rates, especially when a crucial election is nigh. Their assumption is that if the State were only brave enough to take upon itself the power to kill, everyone else would cease to do so.

Furthermore, it provides a rare and valuable opportunity to flex political muscle at a time when the government is weak and its legitimacy is in question.

For the Islamists, it is the means with which to enforce a particularly harsh interpretation of Sharia on the Maldivian people in the name of Islam.

Given the situation, it is shocking that no member of the community of ‘Islamic scholars’ in the Maldives have come forward to emphasise understandings of Sharia and Islamic jurisprudence that highlight forgiveness and mercy as virtues much more deserving of Allah’s approval than revenge – even where justified by law.

Does the lack of an alternative view mean that in the last decade or so Islamists have established such a hegemony over Maldivian religious thought that it prevents any other views from being offered to the public?

Does it mean there are no ‘Islamic scholars’ in the country with an understanding of Islam that is not Islamist?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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High Court orders police to investigate allegations made to ACC regarding High Court judge

An ongoing legal dispute between the Anti-Corruption Commission (ACC) and Malaysian mobile security solutions provider Nexbis escalated this week, after the High Court ordered police to investigate claims made to the ACC that Chief Judge of the High Court Ahmed Shareef met officials from the company in Bangkok.

The dispute concerns the deployment of a border control system, specifically the installation of an electronic border gate system in Male’s Ibrahim Nasir International Airport (INIA), bringing technological upgrades such as facial recognition, fingerprint identification and e-gates to the Maldives.

The project stalled after the ACC alleged corruption in the bidding process, leading to a ongoing series of high-profile court battles.

In May 2012 the project was brought to a standstill by a High Court injunction and a raid on immigration offices by ACC staff. At the time the Rf 10 million (US$650,000) first phase of the border control project had been completed, according to local media reports.

Nexbis has threatened legal action against the Maldivian government should it incur losses for the work already done on the project, and earlier this month filed a case with against the ACC accusing it of breaching article 141 of the constitution, stipulating non-interference in judicial matters by public officials, and article 42, entitling the company to a fair trial.

The Supreme Court in late June meanwhile dismissed the High Court’s injunction against the continuation of the project, on the basis that the bench overseeing the case had been unlawfully reconstituted. Immigration Controller Dr Mohamed Ali told local media at the time that the department was trying to interpret the order, which he contended “doesn’t make sense”,

In the most recent development Nexbis denied allegations – submitted to the ACC and published in Haveeru – that Chief Judge Ahmed Shareef had returned home from a conference in Singapore after spending a week in Bangkok, where he was alleged to have met Nexbis representatives.

Nexbis denied that any such meeting took place, and this week filed a case in a bid to stop the ACC from publicly sharing information on the investigation while the matter was in court, and seeking an apology for the damage to its reputation.

Asking police to investigate the allegations made to the ACC, the High Court meanwhile stressed in a statement this week that “no individual Judge can simply influence a decision of the Court, as all cases at the High Court are presided by a minimum three Judges bench and a ruling is only made by the majority of a particular bench.”

The accusations sent to the ACC were an “extremely irresponsible act with intentions to deceive and manipulate the truth,” the Court’s statement read.

The Court contended that the ACC’s investigation of the judge would amount to a conflict of interest, as the ACC was investigating a case it had itself filed in court.

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Will the death penalty halt the Maldives’ crime surge?

The debate surrounding the implementation of capital punishment is quite pertinent and poignant at this time in the Maldives’ history.

The violent crimes, including gang violence, burglary, mugging, sexual abuse of children and murders are increasing to an alarming level in our society. For many, the reintroducing of state-endorsed death, otherwise known as capital punishment or the death penalty, seems to be best solution to address the surge in crime.

The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republic of President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

Since then, the Maldives has retained the practice of the death penalty, although Islamic Shari’ah tenets give the courts the power to pronounce capital punishment for offences such as murder, sodomy, fornication, apostasy and other crimes against community.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by the courts and none were below 18 years of age. These sentences were never enforced and were commuted to life imprisonment under the power vested to the President in Clemency Act.

However, MP Ahmed Mahloof and several other MPs are of the view that if death penalty or capital punishment is re-introduced in the Maldives, it would bring down crime in Maldives, and have decided to propose the amendment in consultation with several people including fellow parliamentarians.

Last April, Mahloof, parliamentary group member government-aligned Progressive Party of the Maldives (PPM), forwarded a bill proposing that the enforcement of death penalty be mandatory in the event it was upheld by the Supreme Court. This would halt the current practice of the President commuting such sentences to life imprisonment.

Mahloof based his argument for the proposal of the bill on the fact that 29 people had been killed in the past three years in gang related crimes.

The young MP contended: “I believe nobody would want to die. So if the death penalty is enforced, a person who is to commit a murder would clearly know that if he carries out the act, his punishment would be his life. I believe this will deter him from committing such acts,” Mahloof said.

Mahloof’s remarks echo the classic argument used by politicians and pro-death penalty advocates around the globe: Capital punishment deters crimes.

But, does it actually? Let’s ask the experts from America.

A survey of the most leading criminologists in the country found that the overwhelming majority “did not believe” that the death penalty is a “proven deterrent to homicide”.

Eighty-eight percent of the country’s top criminologists do not believe the death penalty acts as a deterrent to homicide, according to the study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists published in the Journal of Criminal Law and Criminology.

Similarly, 87 percent of the expert criminologists believe that abolition of the death penalty would not have any significant effect on murder rates.

The survey relied on questionnaires completed by the most pre-eminent criminologists in the country, including Fellows in the American Society of Criminology; winners of the American Society of Criminology’s prestigious Southerland Award; and recent presidents of the American Society of Criminology. Respondents were not asked for their personal opinion about the death penalty, but instead to answer on the basis of their understandings of the empirical research.

On a separate note, 75 percent of the experts agreed that “debates about the death penalty distract Congress and state legislatures from focusing on real solutions to crime problems”- a familiar trait observed in the Maldivian context, where members of the People’s Majlis spend hours arguing, often engrossed in prevarications.

Prior to Mahloof’s motion, two members had forwarded similar bills to enforce death penalty. But after lengthy debates in multiple parliament sessions, both withdrew it.

Meanwhile reading the aforementioned conclusion of the research, I was reminded of a recent conversation with a friend about the death penalty on Facebook.

“I don’t understand why everyone is so eager talking about punishment, before anything else,” said Hammad Hassan, 26. He continued, “Criminals are a product of our society I guess. Someone needs to go in deep and see what the hell is going wrong.”

“Capital punishment has its age-old arguments and jousting between liberals and conservatives. We like to get into debates about stuff. But I guess it’s the wrong debate that’s going on here,” the Tourism and Hospitality graduate pointed out.

He added: “We fixate on issues like this, without even thinking, and the media, and politicians do their job of sensationalising crime.”

“The current rise in crime is pure economics I would say. Too many are out of jobs, many youth are on drugs and everyone wants to have a good time (coffee, a bottle of alcohol or a joint, etc etc),” he typed into the chat window.

So much truth in what he said.

In the Initial Report of Maldives under the International Covenant on Civil and Political Rights prepared by Human Rights Commission (HRCM) last month, the commission acknowledged there are a number of direct and indirect factors attributing to the increasing fatal criminal activity.

“High numbers of unemployed youth, and the persistent substance abuse and drug addiction among youth in the country are indirect factors catalysing the increase in crime,” HRCM emphasized.

According to the authorities, the Maldives has a staggering unemployment rate of 29 percent, of which half belong to youth age brackets. Meanwhile, the country faces a spiralling drug epidemic, with an estimated 40 percent of youth using hard drugs -a well known trigger of violent and high risk behavior.

A comment on Minivan News read: “In the Maldives we have enough people who turned to psychopaths due to drugs who are well capable of committing any heinous crime.”

Most death penalty advocates call for reinstating death penalty, saying “It shouldn’t be seen as retribution. It is to ensure the safety of society”.

But Amnesty International counters this argument. According to the group, “The threat of execution at some future date is unlikely to enter the minds of those acting under the influence of drugs and/or alcohol, those who are in the grip of fear or rage, those who are panicking while committing another crime (such as a robbery), or those who suffer from mental illness or mental retardation and do not fully understand the gravity of their crime.”

The couple facing murder charges in the most recent homicide of Lawyer Ahmed Najeeb, confessed in court that they were under the influence of drug and intoxicated from heavy alcohol use while they committed the crime.

But, will the politicians and lawmakers give the necessary attention to these real issues, instead of divulging into the endless debate over the death penalty?

According to Aishath Velezinee, formerly the President’s appointee to the Judicial Services Commission (JSC),  Mahloof’s death penalty amendment is another attempt by the MPs to avoid “the real issue” and to “deceive the public”.

“The real issue for thriving crime is corruption. The constitution has recognised this and required the judiciary be checked and cleansed.  The JSC breached the constitution, and those MPs are proposing this to cover up the JSC,” Velezinee said in a previous interview.

“Islam upholds justice, and not only has death penalty; it has very clear qualifications for judges too. Neither MP Mahloof, nor any of the Sheikhs, has expressed alarm that the judges are far below standard and some of them are convicted criminals themselves. This is pure politics and abuse of Islam,” she added.

Although the pro-capital punishment sentiments are growing stronger with the symbolic support from country’s top officials including the Chief of Justice, Home Minister and the Attorney General, enforcing the capital punishment is far from happening any time soon while several pertinent legislations are stalled in the parliament, with no indication of when they will be passed.

These legislations, which Human Rights Commission says “could make an impact on the death penalty” include, the Revised Penal Code, Criminal Procedures Code, Evidence Bill and Witness Act.

It also adds: “Maldives is yet to establish an independent forensic institution to provide accurate information to support the judiciary to make an impartial decision on matters concerning the administration of the death penalty.”

The existing Penal Code which was enforced in 1981 and its last amendment made in 200 has many parts which are not relevant to the present context and does not reflect the spirit of the present Constitution.

Moreover, the commission identifies the inadequate legislation pertaining to evidence and witnesses, dismissal of forensic evidence by courts, absence of a witness protection program and inadequate correctional and rehabilitation system for convicted offenders as key factors for rising crimes.

Several members of the public and commentators meanwhile have a another pressing concern. What will happen when an “incapacitated” judiciary is given the power to take some one’s life?

“If there is death penalty without a good system, it will be subjected to political abuse to settle scores,” a person predicted in a comment to Minivan News. “Besides, such crimes results from bad system and bad policies,” he added.

As the debate over the reintroduction of death penalty continues, it would be foolish to assume it will only remain a domestic matter.

The Maldives has affirmed the UN Resolution of Moratorium on death penalty on 18 December 2007, which emphasises all states that still provision capital punishment “progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed.”

This resolution still needs to be passed by the parliament.

But, abolition of capital punishment in all states is a call publicly endorsed by UN Secretary General Ban Ki Moon himself. Therefore, in the face of international pressures to the states to abolish death penalty, the Maldives will likely be scrutinised to its core, and sooner or later, if it intends to reintroduce the practice of capital punishment.

One of the serious concerns would of course be the fact that child offenders may be sentenced to death in the Maldives if the mandatory death penalty motion passes.

According to the Human Rights Commission, however, minors are liable to bear criminal responsibility for some offences such as the unlawful intentional killing of human beings, and other offences relating to homicide and participation in such offences.

Several minors are currently facing such charges in court.

But, without a Penal Code which encompasses provisions on penalties for offences committed by minors and a Juvenile Justice Bill explicitly proscribing the death penalty, these minors will be executed once the law makes it mandatory.

Such a move will spark unprecedented international criticism towards the island nation, already facing scrutiny over its human rights violations, growing fundamentalism and troubled democracy.

These factors must not stand in way if the judicially-sanctioned killings are the only answer to Maldives high crime rate. But before we draw to the conclusion with purely basing the religious argument, authorities need to provide clear evidence that the death penalty is a deterrent to serious crime. That it will, in fact rekindle public safety and security.

The Human Rights Commission observes: “Murders were committed in public places during the daytime. Victims of gang violence either end up with permanent injuries or death. It is to be noted that most of the people who are involved in cases of extreme violence, and murders are repeat offenders (sometimes juveniles).”

“This shows failure on the part of law enforcement authorities and criminal justice system in the country.” the commission contends. Members have further added that the lack of a “comprehensive integrated crime prevention mechanism remains the greatest weakness in addressing the issue of increase in crime.

Therefore, for now, the greatest deterrent to crime is the likelihood that offenders will be apprehended, convicted and punished. It is that which is presently lacking in our criminal justice system; and it is at this level and through adressing the causes of crime that the state must seek to combat lawlessness.

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CNI report to be delayed until end of August

The final report of the Commission of National Inquiry (CNI) into the controversial transfer of power on February 7 will be delayed, after hundreds of people have come forward offering new information.

The CNI held a press conference on Thursday morning to update the media on its progress. The next update will be in a fortnight, July 19.

CNI Co-Chair – retired Singaporean Judge G P Selvam – stated that the new date for the report’s completion would be the end of August, which would be discussed with the government. The original deadline was July 31.

Former President Mohamed Nasheed’s member on the Commission, Ahmed ‘Gahaa’ Saeed, said that 244 people had registered to provide information to the commission following the reforming of the CNI.

“There has been a lot of interest. We will speak to each and every single one,” he said.

The new names will join the 87 spoken to by the government’s original three member panel, taking the total number of contributors to 331.

“That’s one contributor for every 1000 of population,” Saeed remarked.

The commission has so far spent 103 hours conducting interviews with 139 people, working from 9:00am to 7:00pm every day. The new commission started work on June 17, 16 days behind schedule.

“Ramadan may upset the apple cart a bit,” Saeed acknowledged, suggesting that the CNI would need to take into consideration that people would be tired and drained during the day: “We intend to make [the hours] more flexible,” he said.

The first three-member CNI was appointed by President Mohamed Waheed, following a police and military mutiny and Nasheed’s resignation, in what he and his party have described as a coup d’état.

Facing pressure from the Commonwealth and civil society NGOs, the government eventually agreed to reform the commission to include a retired Singaporean judge and a representative for Nasheed.

The former CNI subsequently released a ‘timeline’ into events that took place between January 16 to February 7. The MDP accused the commission of trying to prejudice the work of new commission, and then released its own version of events in response – the ‘Ameen- Aslam’ report based on interviews with the security services. The government described the publication of this report as a “terrorist act”.

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Revenues for June lower than expected: MIRA

A fall in GST revenue and tourism land rents is to blame for lower than expected revenues in June, the Maldives Inland Revenue Authority (MIRA) has said.

Revenues for June 2012 still increased 11 percent on the corresponding period for 2011, however this was 10 percent lower than projected, MIRA stated, partly due to a shift in payment deadline to July 1 for the land rents.

Total revenue collected for 2012 so far is Rf 3.5 billion (US$227 million), MIRA said in its June report, a 59.1 percent increase for the same period in 2011.

31.5 percent of the total revenue was received from Tourism Land Rent, whilst 15.2 percent, 12.5 percent and 12.5 percent represents revenue collected from GST (Tourism Sector), Bank Profit Tax and GST (Non-tourism Sector) respectively.

MIRA’s collection accounts for most of the government’s revenue, aside from the import duties that were not phased out with the introduction of the Tourism Goods and Services Tax (TGST).

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Nasheed’s claims of military coup, talibanisation false, Masood tells FT

President’s Office Spokesperson Masood Imad has written the Financial Times in response to a recent article in which former President Mohamed Nasheed called for a tourism boycott.

“It is hugely irresponsible and deeply concerning that a former head of state and current presidential candidate for the elections taking place in 2013 is attempting to destroy the heart of the Maldivian economy – tourism,” writes Imad. “The Maldivian people make their living through the success of the tourism industry and Mr Nasheed is seeking to devastate their livelihood.”

“The article incorrectly refers to a ‘military coup’. Mr Nasheed resigned on February 7, 2012 of his own free will. As per the Constitution of the Maldives, President Mohamed Waheed (vice president at the time) assumed responsibility. President Waheed, committed to providing factual and legal clarity around the events that led to the resignation of Mr Nasheed, established the Commission of National Inquiry to conduct an independent and impartial investigation into the developments that culminated in the resignation of former president Nasheed. The findings will be published at the end of July.”

“Mr Nasheed’s claims of “Talibanisation” are in their entirety completely false, inflammatory and offensive. Such accusations accentuate his misunderstanding of Islam, the Maldives and the Maldives people. The national unity government upholds the rule of law in the Maldives and is focusing on strengthening human rights, the independence of the judicial system and ensuring that the elections taking place in July 2013 (brought forward from November 2013) are fair, free and meaningful.

“In response to your correspondent’s comments that the Islamist Adhaalath Party have acquired more power, it is important to note that Mr Nasheed invited the Adhaalath Party to join the coalition during his presidency.
The government of Maldives is extremely disappointed that Mr Nasheed has decided to tour the US propounding these allegations. We will continue with the business of running the country and clearing up the serious mess he left in the Maldives.”

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Touch of life and death

Waiting has never been a strong suit. But when it is for your best friend who has never left your side, you don’t complain.

Early on Monday evening I was with Inayath Shareef (Inoo), waiting eagerly to welcome her new baby brother into the world. Every time the person inside the delivery room called out her mother’s name, we all flocked to the door. I take out my camera and get ready to click. But every time it’s a false alarm. The contractions still have not reached their height. Disappointed, we walk back.

To kill time, we talk and teased two young pregnant relatives in their mid 20’s. One of the girls looks as if the baby is going to pop out of her at any minute. A relative of Inoo say it is time for us to get married and have kids. We retaliate – “C’mon, we are still kids ourselves.”

Silently, I feared for the pain my friend’s mother must be going through behind the closed door. Relatives are not allowed in and the family only knows anything about the delivery through the occasional feedback from nurses.

Meanwhile, I overhear a conversation between Inoo’s aunt and a young man sitting inside the room, waiting for his wife’s delivery. When he was a baby, his birth mother and father abandoned him on the island. The frail, old couple I had seen moments before in the room, had adopted and cared for him like a son. They were never able to have a child of their own so it was a special occasion. They are soon going to be grandparents of a lovely baby girl.

Evening news starts on TVM at 8:00pm sharp. All eyes and ears were on the flat screen on the wall. The top story of the night, as expected, was the death of lawyer Ahmed Najeeb. Listening to the news at the time was strange. I was sitting among his blood relatives. He is the great uncle of my best friend. The tragedy has left the family devastated. When the news finished, they all talked about death penalty as the only solution to stop the henious crimes in the society which had claimed their brother’s life.

“Mara Maru [Death for Death],” my best friend says.

It was 9:00pm. The conversation on the death penalty had ended and we were again sitting idle. Some, including me, had proposed the idea of calling it a night.

The sudden sound of the person inside the delivery room startled everyone. The nurse called out the name. Same drill. Everyone rushed. I had my doubts, so I walked slowly. We were about to leave when the crowd came running in.

“The baby is delivered! Where is the bag with baby’s stuff?” a relative asks.

Inoo puts the dress for the baby, olive oil, cottons and other necessary post-labor kit into the bag and hurries outside to hand it to the nurse. She was so happy. That moment I realised how long it has been since I have seen that beautiful smile on her face. Life has not been too easy for her, or me.

Outside the labor room, the old relatives were facing a bigger issue. No one has prepared the honey. “How can you forget something so important?” one of the aunt complains.

It is an Islamic tradition to give honey as the first thing when the baby is born. They discuss what to do and finaly sends someone off to buy a bottle of honey.

Meanwhile, as I waited outside the labour room with camera ready, I saw a family rush into the emergency room, just a couple of feet away from labour room. A woman was carrying an unconscious child, about three years old. An accident perhaps, I thought.

However, I was not at the liberty to quench my curiosity because the labor room had just opened. Out came the nurse, carrying my best friend’s little baby brother, wrapped in a soft blue blanket. I switched on my camera and re-focused.

Inoo’s uncle walked in first. He was asked to recite the prayer call near the baby’s ears. Another Islamic tradition. Others followed in. It was such a special moment. Unlike other babies, he did not cry. Despite the bright light above, the baby boy managed to open his eyes wide. He scanned around and stretched out the hand and wrapped his little fingers around my best friend’s finger. He’s a healthy cute little fella weighing almost nine pounds.

The nurse took the baby back to the mother. We walk out discussing who he most resembles. Everyone agreed the boy looks like the father, who was unfortunately still on his way to Male’ from the resort where he worked. As I walked into the labor room showing the pictures from the camera, I accidently bumped into a woman who was crying. I apologised and entered the labour room lobby.

It was a joyous moment for all.  As we ate chocolates and celebrated the birth, a relative came in looking worried: “I think a child has just died.”

We all walk out to see what had happened. Five women stood crying outside the ward next to the labour room. Another curious onlooker told me a child who was brought to the hospital just now had passed away. Immediately, I recall the family rushing into the emergency room and the crying woman I bumped into.

“Oh my God!” was my first response. I followed a relative into the ward.

On the hospital bed, lay a beautiful little girl. I walked closer. Underneath a white blanket covering up to her neck, the girl’s arms were folded. One of the woman standing next to the bed snakes her fingers through the straight locks of her short black hair. “Please wake up,” she cries.

I pat her shoulder, unable to take of my eyes from the lifeless body of the little girl who is no older than one of my nieces.

“How old is she?” I asked.

“Three”, the woman replies. She is the girl’s aunt who had arrived Male’ from the island the day before. “She’s actually a very fair skinned girl,” she continued, as the girl’s skin turns darker with every passing minute. She held the girl’s chin tight, keeping her lips closed. I did not know why at first, but when fluids started to escape out her nose and mouth, no explanation was needed.

“Only if she would open her eyes,” the woman says, between sobs. I touched the girl’s forehead. Near the bed stood a another little girl in tears, no older than 10. The girl on the bed is her younger sister. I notice my best friend had just walked in, so asked her to take the girl outside.

“Where is the father?” I ask, as there was no man to be seen, except for a teenage boy. The woman explained that the girl’s father had abandoned the family a long time ago. Her sister has been raising the two children on her own all these years, with not a penny from the husband who had left her before the girl’s birth.

I could only imagine the mother’s sorrow. She was speaking with two police officers outside the ward. They ask her what happened.

“She was born with a hole in her heart. The doctor said she needed surgery in three months. I could not get enough money to do the operation.” The mother burst into tears.

A policeman asks if she has any complaints with the hospital.

“Why would I have a complaint with the hospital?” The woman cried. “I don’t. I only have complaints with myself. I am the mother. It was my responsibility to keep my children safe and raise them. I failed. It is my fault she is dead.”

Though I am a stranger and have no right to interfere in that family’s matter, I could not stop myself from speaking out.

“Please don’t blame yourself sister. Life and death is beyond our control. It’s not your fault. You did everything you could.”

The grief-stricken mother smiles, and walks back into the room with her elder daughter to say her final goodbyes.

Though I had told her the death of her child was beyond her control, I could not help but think that the little girl would be alive today if she could have had that life-saving operation.

Outraged, I told the policeman to find the father. “He should be held responsible,” I contended.

Inoo later told me that she had taken the elder daughter out for a walk. The girl told her: “My father will be very happy my younger sister is dead.” We both were dumb-struck.

It was time for Inoo’s mother to be transferred to the maternity ward. I conveyed my condolences to the family and followed my best friend. She was finally able to hold her baby brother. Everyone looked so happy.

I remained confused. I caressed the baby’s soft cheeks and walked out, leaving the family to welcome the new member into their home, as another family outside were preparing for their little girl’s funeral.

In one night, I had touched life and death.

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Maldives websites report denial-of-service (DDoS) cyberattacks

Telecommunications firm Dhiraagu has confirmed that websites in the Maldives have been targeted in apparent Denial of Service (DDoS) cyberattacks, according to local media.

DDoS attacks involve malevolently flooding a web server with queries, locking up bandwidth and preventing legitimate users from accessing a site.

New outlets Sun Online and Haveeru reported accessibility problems, particularly from abroad, according to reports this morning.

Speaking to Haveeru, Dhiraagu’s Marketing, Communications and Public Relations Manager Mohamed Mirshan claimed the attacks were targeted at the newspaper, and not Dhiraagu infrastructure.

“DDoS is very common all around the world. We have taken the same measures taken internationally. DDoS cannot be controlled by anyone other than its originators. The only thing we can do is mitigate the attacks. Dhiraagu has also taken all necessary measures taken against it worldwide,” Mirshan told Haveeru.

Meanwhile, an anonymous email was sent to police and several media outlets, including Sun and Haveeru, from a group claiming to take responsibility for recent attacks on Dhiraagu’s web servers.

“For years our main Internet Service Provider and Communication Provider “Dhiraagu” has been taking our money from us. No government of the Maldives helped us solve this problem. No politician gives a damn about improving the Information Technology and its awareness in Maldives,” the email read, promising escalating cyber attacks “with inside help from Dhiraagu employees”, on targets including government email servers and the provider’s ADSL service.

Dhiraagu’s media division referred Minivan News to Mirshan, who was not responding to Minivan News at time of press.

Police Spokesperson Sub-Inspector Hassan Haneef said police had not received reports of such an incident.

“We have a financial unit that currently investigates such cases, but we are in the process of trying to establish a cybercrime unit that should be operating in 2-3 months,” Haneef said.

Following attacks that affected the company’s web services in January 2011, Mirshan told Minivan News that the company had been receiving such attacks since August 2009, which he claimed were “very organised.”

“We have been working with our counterparts both in the country and overseas around the clock in order to try and minimise the impacts of the attack on our services,” Mirshan said at the time.

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