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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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Strong wind and heavy rain forecast over the next 24 hours

Heavy rain and thunderstorms are expected over the central and southern areas from 10:00 a.m. to 10:00 p.m. today, Maldives Meteorological Service (MMS) has said.

Thunderstorms are expected over the area between Haa Alif and  Gaafu Dhaalu atoll today (May 1), and the MMS have issued a White Alert.

In addition, the Met Office has forecast strong winds and heavy rain in most parts of Maldives within the next 24 hours.

The country is expected to experience winds up to 40 mph hour during storms. Northern atolls can expect heavy gusts at speeds of 15 miles per hour (mph) during showers and southern atolls can expect winds between 10 mph and 20 mph during showers, according to local media Sun Online.

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GST from telecommunication services comes into effect

A six percent Goods and Services Tax (GST) on telecommunication services come into effect as of 12:00 a.m. today, May 1, 2014.

The eleventh amendment bill to the Goods and Services Tax Act, allowing the collection of a 6 percent taxation on telecommunication services, was published in the Government Gazette on March 25.

The tax applies to all communication services except for postal services provided by a postal service provider registered with the relevant Government authority or State institution, according to the Maldives Inland Revenue Authority (MIRA) website.

The tax for telephones will be included in the telephone bills, or added to the top-up vouchers.

The introduction of telecom GST was an initiative taken by the new government to increase revenue.

The State’s principal tax collector, MIRA estimates to gain MVR 110 million through Goods and Services Tax this year, reported local media Sun Online.

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Maldives should repeal the death penalty – UN Human Rights office

The United Nations Human Rights Office (OHCHR) on Tuesday voiced deep concern about a new regulation in the Maldives that effectively overturns a 60-year moratorium on the use of capital punishment in the country and allows for children as young as seven to be sentenced to death.

“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 Office of the High Commissioner for Human Rights (OHCHR).

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

Adopted on 27 April, 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.

“According to the new regulation, minors convicted of intentional murder shall be executed once they turn 18. Similar provisions in the recently ratified Penal Code, allowing for the application of the death penalty for crimes committed when below the age of 18, are also deeply regrettable,” Shamdasani said.

Under international law, those who are charged and convicted for offences they commit while they are under 18 years of age should not be sentenced to death or life imprisonment without possibility of release, the spokesperson added.

Government support

Speaking at a press conference last week, Minister of Home Affairs Umar Naseer said the chances of killing an innocent person after completing all the procedures in the regulation – titled “procedural regulation on investigating and penalising the crime of murder” – was “far-fetched” and “almost impossible”.

With the new regulation, the president will no longer have this authority if a person is sentenced to death for murder by the Supreme Court, Naseer noted.

Although the death penalty has proven to be a contentious issue, Naseer assured the international community that the Madlives has a firm reason to continue with the ruling.

“There will be some parties who will be concerned about this. Concerned countries, concerned NGOs. Some counties are not too pleased with it [death penalty, but we will know about the issue of executing people in this country, the overcrowding of prisons in this country, how much the criminal environment is more lively in this country. And we are a hundred percent Islamic country and there are certain values that we all believe in,” Naseer said.

Meanwhile, President Abdulla Yameen Abdul Gayoom has called for the death penalty to be put into practice in the Maldives from as early as July 2013.

The half brother of former autocratic ruler Maumoon Abdul Gayoom, first told media of his “change of heart” while speaking on the program Voice of Maldives on July 22 2013.

Yameen explained that although he had not been not an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from commonplace murders that have become too commonplace.

“Murder has to be punished with murder,” Yameen said.

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BML makes first quarter profit of MVR 199 million

The Bank of Maldives (BML) has published it’s first quarter results with an operating profit of MVR 199 million, an increase of 35% over the previous quarter.

Income grew by 10% and costs were controlled, the BML said.

The loan book grew by MVR 199 million in the quarter and loan book quality continued to strengthen, and deposits were up 17%, their press statement read.

Speaking on their success, CEO and Managing Director Andrew Healy stated, “we must not get carried away, however. Our Bank still has work to do to build a sustainable earnings base – much of our growth in profits over recent times has been due to loan recoveries – and we know that customer service standards are not yet at the level that we and our customers expect.”

Referring to the Bank’s IT modernisation programme, Healy continued “We are in the middle of a major IT and Training investment programme which will help transform how we deliver our services, including in the Atolls. Much of our technology was outdated and inflexible and is being replaced.”

“The changes we are bringing about will take time to bed down and there will inevitably be some disruption to services as we implement new systems over the rest of 2014. However, ultimately we will have a much better bank that is capable of meeting the highest international standards in every way”.

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9.7% increase in tourists arrivals for first quarter of 2014

At the end of first quarter of 2014 tourist arrivals to the Maldives saw an increase of 9.7% compared with the same period of 2013, reaching a total of 321,561, reported the Ministry of Tourism on Tuesday.

Europe was the leading market generator taking account of 51.3% of all arrivals to the Maldives with a sum total of 321,561 tourists during the first quarter of the 2014, the report stated.

Asia and the Pacific recorded an impressive growth rate of 24.4% at the end of first quarter of 2014 bringing in additional 26,606 tourists to reach a total of 135,839. This region accounted for 42.2% of arrivals to the Maldives at the end of first quarter of 2014.

According to the Ministry, the Chinese market was increased by 24% with an additional 16,960 tourists compared with the same period of 2013.

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Police release 44 arrested from Anbaara

Police have confirmed the release of 44 individuals arrested from Anbaraa Island during a raid on a music festival on April 18.

A total of 79 suspects were taken into police custody from the island of Anbaraa in Vaavu atoll, all of whom were suspected of being under the influence of drugs, or had drugs on their person, according to police. On Tuesday (April 22) 19 women were transferred to house arrest.

After release of 44 individuals last night, there are currently 32 men still in police custody.

“We have 32 males [under arrest] , those who were in house arrest they are also released except for three,” confirmed a Police spokesperson.

“The investigation is completed now – so today some might be relsead, and some might be taken to court for extended custody,” the spokesperson added.

The Drug Enforcement Department, Specialist Operations, police intelligence department, and the forensic department conducted the operation, Satheeh told  Minivan News previously.

Upon searching the island as well as the 198 partygoers, Satheeh said police discovered different types of drugs and more than MVR90,000 (US$5,836) in cash.

In addition to beer cans, the drugs confiscated from the island included pills, LSD stickers, and hash oil joints as well as rubber packets, cellophane packets, and film canisters containing cannabis, Satheeh said.

However, the raid of the island and subsequent arrests have been an issue of contention, with some arguing that the Police’s actions were a breach of human rights.

In a recent article published on Minivan News, Mushfique Mohamed contended that the arrests at Anbaraa underpinned by a political and constitutional motive, with police using the arrests as a means of “garnering support along ultra-nationalist and Islamist lines.”

The Maldives Police Service (MPS) has denied allegations by the opposition Maldivian Democratic Party (MDP) that constitutional rights and procedures were violated in the arrest of 79 youth last weekend from a music festival in an uninhabited island.

In a press release issued in response to a statement yesterday by the MDP’s rights committee, police insisted that all the suspects taken into custody from Vaavu Anbaraa were informed of their constitutional rights as well as the reason for the arrest.

“In addition, they were informed in writing of the reason for their detention in accordance with the law, and they were told that they had the right to legal counsel,” the press release read.

It added that all suspects detained from Anbaraa were brought before a judge within 24 hours of the arrest. Police also noted that the island was raided with a court order.

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Parliament passes sexual harassment and sexual offences bills

Parliament passed the sexual harassment bill and sexual offences bill yesterday (April 27).

Opposition Maldivian Democratic Party (MDP) MP Rozaina Adam – chair of the committee that evaluated the sexual harassment bill – told Minivan News that while the passage of the legislation was a positive step, there was still a lot of work to be done on combating the internalised effects of sexual harassment.

The sexual harassment bill was submitted in January 2013 by Rozaina, and aims to ensure gender discrimination is made illegal at workplaces, educational institutes, and other service providers such as hospitals.

“Previously there was no law or any regulation from which they could seek help. I think now the women have a place to go,” she explained.

If ratified by the president, the new law would mandate the creation of a committee to investigate sexual harassment complaints at all workplaces with more than 30 employees.

The committees shall be chaired the by the head of the respective offices and must include at least one female members.

If the committee finds an employee guilty of sexual harassment at the workplace following an inquiry, it will be empowered to advise the offender verbally or in writing, suspend him, demote him, or dismiss him based on the severity of the offence.

Rozaina however suggested that women would “still not be complaining” despite the introduction of an internal mechanism to address complaints.

“People have come to accept that this is just something that just happens,” she said.

She however said that the legislation would “create awareness,” contending that not enough was done in implementation of similar laws such as the anti-domestic violence law.

“Police are not taking domestic violence seriously enough,” she argued.

Rozaina recalled the story of one woman – whose experiences reflect the reality for many – as she attempted speak out about the sexual abuses inflicted against her.

“She was waiting outside for me,” recounted Rozaina, “she told me she complained to police about ex-husband beating her, and raping her. When I went to case, they hadn’t even done anything about it.”

“They are not giving enough importance to these cases, we need to create more awareness.”

Cooperation from police seems to be “declining”, she added, “they don’t feel it’s an important issue.”

“I just hope that everyone cooperates and more women report these cases in domestic violence. The main issue is talking and reporting, so very few people report.”

Sexual offences

The two bills – which support both men and women who are victims of sexual abuse – were submitted independently of each other.

The sexual offences bill – which called for recognition of marital rape as a crime – was first submitted in October 2012 and was vetoed by President Abdulla Yameen in January 2014.

“The bill contained some provisions that are contrary to Islamic Shariah and Islamic principles was among the reasons considered for returning the bill,” the President’s Office stated at the time.

The contentious bill was drafted and submitted in October 2012 by now-Progressive Party of Maldives MP for Kulhudhufushi South, Mohamed Nasheed.

Nasheed wrote in the draft legislation that it was not intended to replace Shariah, explaining that it did not preclude application of a Shariah penalty for an offence specified in the bill.

Previous reports of police apathy

Minivan News has previously spoken with foreign women from diverse nationalities working in Maldives who came forward and reported various attacks, ranging from verbal abuse to physical and sometimes sexual assaults.

Katie*, a 34-year-old American who has worked in Male’ for almost a year, was subject to a horrific incident last month when a local man sexually assaulted her while she was unlocking the door of her apartment.

Neighbours who heard her screams called the police, and around five to six officers arrived on the scene with a forensic team.

However, according to Katie, the police did not take her statement until three weeks later and then got the details of the attack completely wrong.

“The police had stated my necklace was stolen. It broke off during the attack, I still have it. The attacker must have known the necklace I was wearing was not gold because it was made of multi-colored beads,” Katie pointed out.

She added that she had later found out from CCTV camera owners nearby her house that the police had not requested the footage or interviewed neighbours for clues. Frustrated over the lack of police assistance, she called the US embassy.

“I don’t think they would have even taken the statement if the American Embassy had not called them,” Katie claimed.

The Police department was not issuing statements to Minivan News at the time of publishing.

*Names have been changed to protect identities.

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Flyme’s first seaplane en route to Maldives

Flyme has announced that the company’s first seaplane is expected to arrive in Maldives on Monday (April 28).

The Cessna 208 Caravan is a single turboprop engine, fixed-gear short-haul aircraft manufactured by Cessna. The airplane typically seats seven passengers with a pilot and co-pilot, according to Vnews.

Flyme said that the seaplane services will be open for locals, adding that more seaplanes would join the Flyme seaplane fleet in the future.

Flyme is a company under the umbrella of Villa Shipping and Trading Company, and currently serves nine local airports.

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