Tag: MPs

Discrepancies in rape statistics highlighted in NGOs report

A coalition of NGOs have condemned the performance of the judiciary and the State for its treatment of criminal cases, especially those concerning rape.

Maldivian Detainee Network, Trasparency Maldives, Rights for All, Maldives Aid, Madulu, Democracy House, Maldives NGO Federation and Strength of Society issued a statement “condemning the increase in serious crime and the failure of the state and responsible authorities to convict those responsible for these crimes.”

The statement referred to statistics on crimes such as murder, child abuse, assault with sharp weapons, and threats to journalists and others in the media, comparing these with the number of crimes investigated by police, the number sent to the Prosecutor General’s office and the number tried in the Criminal Court.

The NGOs said the blame for the “failure to deliver justice” should not be placed on the new democratic system or human rights safeguards, “but rather [on] the unsatisfactory implementation of these systems and safeguards.”

They “note with great concern that there is not a single case of ‘rape’ in the statistics maintained by either the PG or the Criminal Court.”

Technical misunderstanding

Information provided by the Maldives Police Service (MPS) to Transparency Maldives states that in 2009 ten cases of rape were reported to police, eight of which were investigated and five sent to the Prosecutor General (PG)’s office.

Police Sub-Inspector Ahmed Shiyam said in the instance of these rape cases, the three that had been labelled as ‘finished’ by police but were not sent to the PG were still “being checked” by police before being sent to the PG’s office.

“Sometimes we check and update information,” Shiyam said, “and there could be other documents being collected.”

Information gathered by the coalition of NGOs from the Criminal Court show zero cases under ‘rape’ were prosecuted in 2008 and 2009.

But Senior Judge at the Criminal Court Abdulla Mohamed said the Criminal Court had processed six cases of rape during the year.

Deputy Prosecutor General Hussein Shameem said the discrepancy was “a misunderstanding of technical terms.”

“If consent is lacking, regardless of whether or not there was intercourse, the case would fall under sexual misconduct,” he said.

Shameem said when the PG’s office received cases from the police, they decided whether or not to prosecute it depending on the evidence.

He added that the statistics from the police might “not give a clear idea” of the number of cases, as the PG’s office might prosecute for a different offence.

“For example, if police investigate a case for rape, and within the document we find evidence for battery and assault, we would prosecute both charges.”

In the document provided by the Criminal Court, 37 cases falling under the category of “sexual misconduct” are shown as being received by the court.

Of those, nine were dismissed due to lack of evidence while fourteen were tried.

Aishath Velazinee from the Judicial Service Commission said the remaining fourteen cases did not appear asdismissed or tried because they were still being processed by the court.

She said that “because rape is not a crime under the current Penal Code” cases of rape would fall under the category of “sexual misconduct”.

“The existing Penal Code is not adequate,” she noted, adding that under the new Penal Code (which is still tabled in the Parliament) rape, including spousal rape, would be considered a crime under its own category.

Rising concerns, rising crime

The coalition of NGOs said “lack of communication between the [State] authorities” was one of the “main reasons behind the recent failure to convict criminals.”

They called upon the State to “comprehensively study and identify the causes for the recent rise in crime, in particular, identify why convicted criminals are able to offend repeatedly.”

The Human Rights Commission Maldives (HRCM) has also recently condemned the rise in crime.

In their 2009 annual report released on 9 March 2010, they claimed the crime rates in the country had risen, and communities in the Maldives have reached a state of fear, mainly because of “failure to enforce sentences for convicts.”

The United States 2009 annual country reports on human rights, published on 11 March 2010, also expressed concern for increased violence against women in the Maldives and lack of convictions by the judiciary.

The report cited that “In 2008 the Ministry of Gender and Family released data showing an increase in the reported cases of violence against women, although NGOs believed that most cases remained unreported.”

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Political parties scramble for independents

As the opposition takes the lead in the Maldives’ first-ever multi-party parliamentary election, the fight for the independent candidates has become more crucial than ever in determining where the balance of power will lie.

Persuading as many independent candidates to join its party may be the ruling Maldivian Democratic Party’s only hope of fending off its greatest fear: an opposition majority that will thwart the government’s every move.

Speaking to Minivan News today, independent candidate Mohamed Nasheed, who is winning in Kulhudufushi constituency, said money might be one of the factors in swaying candidates to join parties.

“There will definitely be a lot of lobbying and persuasion and understandably so,” he said. “I think the fight has already begun…there’s a lot of persuasion going on to take the platform of a party or at least work with them.”

Although the final results are yet to be announced, provisional results from the Elections Commission show opposition parties, the Dhivehi Rayyithunge Party (DRP) and the People’s Alliance (PA), have a total of 36 seats while the ruling Maldivian Democratic Party (MDP) has 25 seats.

So far, independent candidates are winning in 13 constituencies.

Battle

Addressing press on Sunday, DRP Vice President Ahmed Thasmeen Ali said the results revealed the combined victories of DRP and PA as well as the party’s endorsed independent candidates would amount to a majority.

Fisheries Minister Dr Ibrahim Didi said on Sunday the MDP was in discussions with “three or four” independent candidates.

“They will play a very important role,” he said. “Even now PA and DRP have an alliance so if we don’t get enough independent candidates we might not get a majority and it will be difficult to get bills through.”

Didi added he did not believe any of the candidates were truly independent and would have affiliations with one of the two main parties.

“Most likely they will join MDP because most of them have made promises to their constituents and they will need government support to fulfil them,” he said.

Similar views have been echoed by other party members including Mohamed Zuhair, press secretary at the president’s office, who said: “One or two hardcore independents may remain, but the rest will definitely get absorbed.”

DRP Secretary General Dr Abdulla Mausoom said the elections results showed the public preferred candidates who were aligned to a political party.

Mausoon said before the election many were sceptical about whether candidates would remain independent but he declined to comment on whether his party was in the process of negotiating with independent candidates.

Independent

In disagreement was PA leader Abdulla Yamin who said he believed candidates would retain their independence. “That is what they convinced the public and that is how they campaigned. For me to find out that they have joined a party, I would be very disappointed.”

Yamin said he would accept either MPs or members of the public who wanted to join his party, but added, “I think the MDP needs them more.”

Although technically still a member of the DRP, Nasheed said he would not be joining a political party and his ties with the party had been “severed” over the past few months.

“I’m definitely going to remain independent, but I will come to the assistance of the MDP for political reasons only if the opposition was to reject genuine bills or try to pass a vote of no confidence,” he said.

Members of the MDP have expressed concern that an opposition parliamentary majority will submit a no-confidence motion against the president.

Under the constitution, a vote of no-confidence can be taken if the president violates a tenet of Islam; behaves in a manner unsuited to the office of the president; or is unable to perform his duties.

“I don’t want this government to fall and I don’t want an opposition parliament to take advantage because of an MDP minority. I will only take the national interest at heart,” said Nasheed.

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