Home minister uncertain over Majlis support to enact death sentences

As parliament faces requests to ensure the death penalty is carried out when administered by the courts, Home Minister Dr Mohamed Jameel Ahmed has said it was presently impossible to know the level of support within the Majlis for such an act without voting on the matter.

Local media, citing the home minister, reported yesterday that a letter had been sent to parliament requesting that death penalties assigned by the country’s courts be enacted in future. In previous cases where the death sentence had been favoured as a punishment by the judiciary over the past 60 years, the state has intervened to commute such verdicts to life imprisonment (25 years) instead.

Following the murder of a 26 year-old police officer yesterday on Kaashidhoo island in Kaafu Atoll – the eighth recorded homicide recorded this year in the Maldives – Dr Jameel, Attorney General Azima Shakoor and other prominent lawyers and lawmakers have publicly endorsed their support for implementing capital punishment to deter similar crimes.

According to a police statement, Lance Corporal Adam Haleem was suspected of having been attacked around midnight while on his way to report for duty.

Speaking to Minivan News, Dr Jameel said that amidst an issue of “general concern” concerning violent crimes being committed in the country, current statutes adopted in the Maldives failed to provide “guiding principles on the implementation” of the death sentence.

One recent high-profile case regarding the death penalty has been seen in the murder of lawyer Ahmed Najeeb.  On Thursday (July 19), Ahmed Murrath, 29, and his girlfriend Fathimath Hana, 18, were both sentenced to death after being found guilty in the Criminal Court of each having a role in Najeeb’s death.

The couple were arrested and charged with Najeeb’s murder after his body was discovered by police at Maafanu Masroora house, (Murrath’s residence) in early evening of July 1. The badly beaten body was found stuffed inside a dustbin with multiple stab wounds.

Responding to the trial’s conclusion last week, the government said it expected both verdicts to be commuted to life imprisonment (25 years) pending the outcome of a cabinet consultation – as his been the case with all other death sentences administered by the courts over the last sixty years.

With parliament already reviewing a proposed amendment that would make the enforcement of capital punishment mandatory, should it be upheld by the Supreme Court, Dr Jameel said he personally had no say on the outcome of a sentence already passed by the judiciary.

“I do not believe that the home minister has got any discretion to decide whether to implement or not to implement any sentence after it is delivered by a court of law,” he said.

Ask whether he believed that President Waheed would opt to commute the sentences passed to Murrath and Hana, Dr Jameel claimed that where alternative punishments were available for certain offences, it was possible in these cases to commute a punishment.

“However, in [regards to the] death sentence it is not clear whether this option is available or not,” he said.

When also considering the potential method of execution to be used on convicted criminals facing the death penalty, Dr Jameel contended that present statues failed to provide any procedures on how to implement such sentencing should parliament opt to uphold such verdicts.

“In the case of death sentences, the statutes do not provide procedures for its implementation, hence, where a death sentence exhausts all stages of the criminal justice process, a question of implementation arises that will still require implementation procedures to be enacted by legislation,” he said. “Currently, the statutes do not provide guiding principles on the implementation of this form of punishment.”

Commuted sentence

In addressing the sentences given by the court, the government said that President Dr Mohamed Waheed Hassan would be consulting with his cabinet and Attorney General Aishath Azima Shakoor over the verdicts.

President’s Office Spokesperson Abbas Adil Riza told Minivan News last week that while consultations on the matter would be held, he did not expect a “departure” from the long-standing state policy of commuting death sentences to life imprisonment.

“There has been pressure from certain groups to uphold death sentences, but I do not think these calls are in line with the will of the Maldivian people,” he said. “The president will also have to look into our obligations under the various international treaties we have signed.”

Earlier this month, the UN Human Rights Committee (UNHRC) asked the Maldivian state to enact legislation to officially abolish the death penalty as part of a wider review of human rights commitments in the nation.

“The state itself has admitted that capital punishment does not deter crime,” the statement noted.

Parliament review

Despite such calls, Chief Justice Ahmed Faiz said the death penalty could be executed within the existing justice system of the Maldives.

The chief justice told local media that Maldives legal system, being based on Islamic Sharia, allows the death penalty to be implemented.

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Police arrest third suspect in Najeeb case, claim more may follow

Police yesterday arrested a third suspect in the murder of lawyer Ahmed Najeeb for allegedly assisting to hide the deceased man’s body.

Police, who have not revealed the name of the suspect, confirmed a 31 year old man had been arrested during their investigations, while claiming further arrests could yet be made concerning the case.

Maafannu Masroora House, the location where Najeeb is believed to have been murdered, is still under observation with a police media official telling local newspaper, Haveeru, that officers are “still trying to find more evidence to support the case.”

Speaking to Minivan News today, Police Spokesperson Sub-Inspector Hassan Haneef confirmed the arrest, though declined to reveal any more information on the suspect’s identity.

“We are now in the investigation process. At the time we do not want to reveal the name of the arrested man as it is a policy of ours to not to reveal the name of a suspect at such an early stage of an investigation,” he said.

Haneef added that officers were presently investigating if any other suspects had involvement in the murder case.

Two suspects already charged over the case, Ahmed Murrath and Fathimath Hana, are currently facing trial.

Case details

Veteran lawyer Najeeb was found dead on July 1.  His body was discovered in a dustbin bag in a second floor apartment of Maafanu Masroora house in Male’.

The 65 year-old man’s body was found supposedly gagged, badly beaten and stabbed in the throat.

Police at the time revealed that 29 year old ex-convict Ahmed Murrath had been charged with Najeeb ’s murder and had confessed to killing him, claiming the lawyer attempted to sexually assault his 18 year-old girlfriend Fathimath Hana.

Hana of Rihab house in Shaviyani Goidhoo island, was identified as a second suspect and also faces a charge of murder in relation to the case after she confessed to “helping” her boyfriend kill Najeeb.

During the first hearing of the trial, both suspects testified separately.

Hana noted that Najeeb had arrived to Maafanu Masroora on the night of June 30 at around 10:00pm over a request to discuss a family legal case.

She said that her boyfriend killed him after he became “sure” that Najeeb attempted to sexually assault her, and added that she helped tie Najeeb’s hand, legs and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.  Najeeb’s cash card was taken from him and the pair had withdrawn money from it.

According to Hana, she did not know that the victim had been killed until her boyfriend woke her up and told her about it around 4:00am the following morning. At the time Hana said she was sleeping, intoxicated from drinking alcohol.

Her boyfriend corroborated the confession in his statement, saying that she was asleep when he killed the lawyer.

Murrath said he was present when Najeeb came over to the house to discuss the legal case and he became suspicious so asked Hana if something was wrong. Hana told him that Najeeb had grabbed her hands and hurt her, Murrath added.

Murrath said that he killed Najeeb out of anger and apologised to the family members present at the hearing for committing the crime.

The police had earlier noted that Murrath tested positive for drugs when he was brought under custody. He is a former inmate conditionally released under the Second Chance program for inmates with drug offences.

Police said he had an 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

Demand for public execution

During the trial, currently taking place in the Criminal Court, all eight heirs of Najeeb refused to accept blood money and have asked the Judge for qisas (equal retaliation) – the death penalty.

Initially the court summoned the six heirs following the confession of both the suspects implicated in the crime, while the two others were not present for the session.

The court stated that out of the two heirs not present at the hearing, one was living abroad and the court would be making arrangements through the Ministry of Foreign Affairs to collect his statement. The other heir was said to work in a resort out of Male’.

In the two seperate hearings held on Thursday (July 5), statements of the two remaining heirs – Shashma Najeeb and Jinaan Ahmed – both refused to accept blood money and asked the Judge for ‘qisas’ similar to the other six family members.

Shashma Najeeb who gave her statement at the Sri Lankan High Commission through a telephone conference, said three times in the court that she wanted the death penalty imposed, asking the presiding judge to implement the death penalty and ensure the killing was carried out in public.

Jinaan Ahmed also followed Shashma Najeeb in demanding the death penalty, refusing to accept blood money.

The Criminal Court Judge has announced that if there are any other heirs remaining which the court has not come to know of, they should inform the court before July 10, and if there remain no further heirs, the trial would be concluded during the next hearing.

If none of deceased victim’s heirs agree to accept blood money, under Islamic Sharia Murrath and his girlfriend will be subjected to the death penalty.

Traditionally, death penalties in the Maldives are commuted to life imprisonment of 25 years under the Clemency Act 2010 (Act no 2/2010), where it states:

“Even if stated otherwise in this act, if the Supreme Court issues a death sentence, or a lower court or High Court issues a death sentence and if the Supreme Court upholds that sentence, the President has the authority to relieve the sentence into a life imprisonment, after consideration of either the state of the guilty, the legal principles behind the issue, consensus of the state or the values of humanity. But once such a sentence is being relieved to a life imprisonment, the guilty shall not be eligible for pardon, under any clause of this act.”

A perceived rise in criminal-related deaths has this week seen growing public debate and media coverage over the issue of implementing capital punishment in the Maldives.

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Police forward Hassan Abubakur murder case to PG

Police have concluded their investigation into the murder of 65 year-old Hassan Abubakur on Maafaru island in Noonu Atoll, and forwarded the case to the Prosecutor General’s office.

Three suspects were identified as involved in the case: Ahmed Naushad, 27 of Irufa house in Galolhu ward, Akram Abdul Fathaah, 18 of Maafaru Island and Mohamed Faisal of Isdhoo Island in Laamu Atoll.

Hassan Abubakur was found murdered inside his own house on May 30 at around 6:00pm on the island of Maafaru in Noonu Atoll.

“Neighbors living near his house noticed that he had not been coming out at all, and went in to see what was going on and found his dead body,” Ahmed Shareef, President of the Island Council of Maafaru, told Minivan News at the time.

“I saw inside the house after the incident, it seems that some people tried to steal something from the house, because the things inside his house were not arranged as they usually were,’’ he told Minivan New. “Some cupboard doors were opened and some things supposed to be kept on the table were dropped on the floor.”

Head of Maafaru Island Health Centre Ali Shareef suggested that the victim had received a large amount of cash in a lump sum through the elderly persons’ pension scheme, as he had not received it for a long time. The assailants may have killed him in an effort to steal the money, Shareef speculated.

The elderly man’s legs were tied and a pillow was on his face when his body was found, Shareef told Minivan News, according to islanders who witnessed the body.

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“Death for death” say six of murdered lawyer’s heirs

Six out of the eight heirs of murdered lawyer Ahmed Najeeb yesterday refused to accept blood money and have asked the Judge for qisas (equal retaliation) – the death penalty – during trial held at the Criminal Court.

During the trial, the court summoned the six heirs following the confession of both the suspects implicated in the crime, while the two others were not present for the session.

The court stated that out of the two heirs, who were not present at the hearing, one was living abroad and the court would be making arrangements through the Ministry of Foreign Affairs to collect his statement, while the other worked in a resort out of Male’.

Concluding the trial, the judge said that all eight heirs, were those whom the court had confirmed as rightful heirs, and made a statement that if there was any other person who was a rightful heir to Ahmed Najeeb, they must inform the court before July 10.

He also said that after the taking the statements of all rightful heirs of the deceased, the court will issue a verdict.

If none of deceased victim’s heirs agree to accept blood money, under Islamic Sharia Murrath and his girlfriend will be subjected to the death penalty.

Traditionally, death penalties in the Maldives are commuted to life imprisonment of 25 years under the Clemency Act 2010 (Act no 2/2010), where it states:

“Even if stated otherwise in this act, if the Supreme Court issues a death sentence, or a lower court or High Court issues a death sentence and if the Supreme Court upholds that sentence, the President has the authority to relieve the sentence into a life imprisonment, after consideration of either the state of the guilty, the legal principles behind the issue, consensus of the state or the values of humanity. But once such a sentence is being relieved to a life imprisonment, the guilty shall not be eligible for pardon, under any clause of this act.”

Shocking murder

Veteran lawyer Najeeb was brutally murdered on July 1 and his body discovered in a dustbin bag in a second floor apartment in Maafanu Masroora house in the capital Male’, at about 6:45pm in the evening.

The 65 year-old man’s body was found supposedly gagged, badly beaten up and stabbed at the throat.

The police earlier revealed that 29 year old ex-convict Ahmed Murrath had been charged with Najeeb ’s murder and had confessed to killing him, claiming the lawyer attempted to sexually assault his 18 year-old girlfriend Fathmath Hana.

Hana of Rihab house in Shaviyani Goidhoo island was identified as a second suspect and also faces murder charges in the case, after she confessed to “helping” her boyfriend kill Najeeb.

During the first hearing of the trial held separately for both suspects, Hanaa first testified in court, followed by Murrath.

Hanaa noted that Najeeb arrived to the Maafanu Masroora on Saturday night around 10:00pm, on a request to discuss a family legal case.

She said that her boyfriend killed him after he became “sure” that Najeeb attempted to sexually assault her, and added that she helped tie Najeeb’s hand, legs and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.

Najeeb’s cash card was taken from him and the pair had withdrawn money from it.

According to Hanaa, she did not know that the victim was killed until her boyfriend woke her up and told her about it around 4:00am. At the time Hanaa said she was sleeping, intoxicated from drinking alcohol.

Her boyfriend corroborated the confession in his statement, saying that she was asleep when he killed the lawyer.

Murrath said he was present when Najeeb came over to the house to discuss the legal case and he became suspicious so asked Hanaa if something was wrong. Hanaa told him that Najeeb had grabbed her hands and hurt her, Murrath added.

Murrath said that he killed Najeeb out of anger and apologised to the family members present at the hearing for committing the crime.

The police had earlier noted that Murrath tested positive for drugs when he was brought under custody. He is a former inmate conditionally released under the Second Chance program for inmates with drug offences.

Police said he had an 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

Following some criticism that the police had prioritised the case as the victim was a lawyer, police media official Sub-Inspector Hassan Haneef responded that Najeeb’s case was investigated and forwarded to court faster than other murder cases because the suspects had confessed to the crime during the trial to extend their detention, and that all forensic evidence necessary to prosecute the case had been found.

“We do not discriminate in cases,” Haneef added.

Public outcry for capital punishment

Home Minister Mohamed Jameel Ahmed, speaking at a press conference following the murder, repeated his call for a decision on the implementation of the death penalty in relation to such crimes.

“We want death for death,” a crowd gathered near IGMH last night shouted, as Najeeb’s body was brought to the ambulance.

In recent times gang violence, burglary, mugging, sexual abuse of children and murders are increasing to levels of alarming concern in society, and the rise in criminal-related death tolls have provoked public pressure to implement the death penalty or capital punishment in the Maldives.

From January 2001 to December 2010, a total of 14 people were sentenced to death by the courts, and none from them have been executed. The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republican President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

The latest death sentence came on last November, where Criminal Court  sentenced Mohamed Nabeel to death for the murder of Abdulla Faruhad. The judge issued the verdict after reviewing the statements of witnesses and finding him guilty of the crime.

However, the case has been appealed to the High Court.

Following reports of the murder, the government-aligned Progressive Party of the Maldives (PPM)’s parliament group member Ahmed Mahloof proposed an amendment to the Clemency Act (Act no 2/2010) which would make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

His amendment would require the President to enforce any death penalty if the Supreme Court issued the verdict of death, or if the Supreme Court supported the ruling of the death penalty made by either the Criminal court or the High Court. This move would halt the current practice of the President commuting such sentences to life imprisonment.

Previously, Maldivian Democratic Party (MDP) MP Ahmed Rasheed and later MP Ibrahim Muthalib also submitted similar amendments to the clemency act although both subsequently withdrew the motions.

“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 following the submission of the amendment.

In the initial report of the Maldives under the International Covenant on Civil and Political Rights prepared by Human Rights Commission (HRCM) in 2011, the commission noted that growing public sentiment to impose death penalty.

“Death penalty: not as easy as it is thought”- HRCM

According to the commission, 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,” it reads.

Furthermore, there are several laws pending which are related to the enforcement of the death penalty including, the passage of the revised Penal Code, Criminal Procedures Code, Evidence Bill and Witness Act, the commission adds.

The 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.

Meanwhile the commission acknowledged that the ”life threatening acts of crime in the country have been aggravated” due to a number of direct and indirect factors, of which the direct problems include “inadequate legislation pertaining the criminal justice system”.

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 legislations 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.

“The lack of a comprehensive integrated crime prevention mechanism remains the greatest weakness in addressing the issue of increase in crime. 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,” the HRCM report adds.

Therefore, to address the above, says the HRCM, the “state should revise the existing Penal Code, and bring into force the Criminal Procedure Code – the other legislation pertaining to evidence and witnesses.”

“The State should further establish effective rehabilitation mechanisms for offenders, better prisons and correctional facilities to house and to rehabilitate criminals, and to strengthen effective coordination between drug rehabilitation system and criminal justice system,” it concludes.

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Couple confess to killing Lawyer Najeeb, accuse him of sexual assault

The 29 year old ex-convict charged with Lawyer Ahmed Najeeb ‘s murder has today confessed to killing him, claiming that the lawyer attempted to sexually assault his 18 year-old girlfriend.

The girl, identified as Fathimath Hana of Rihab house in Shaviyani Goidhoo island, also faces murder charges in the case and was brought before the Criminal Court this afternoon, where she confessed to “helping” her boyfriend to kill Najeeb.

Each hearing was held separately. Hanaa first testified in court, followed by Murrath.

Hanaa noted that Najeeb arrived to the  Maafanu Masroora on Saturday night around 10:00pm, on a request to discuss a family legal case.

Masroora house is the residence of suspect Murrath and the place where the 65 year-old lawyer’s body was found stuffed inside a dustbin, badly beaten up with multiple stab wounds on Sunday evening.

She said that her boyfriend killed him after it became “sure” that Najeeb attempted to sexually assault her, and added that she  helped tie Najeeb’s hand, legs and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.

Najeeb’s cash card was taken from him and the pair had withdrawn money from it.

According to Hanaa, she did not know that the victim was killed until her boyfriend woke her up and told her about it around 4:00am. At the time Hanaa said she was sleeping, intoxicated from drinking alcohol.

Her boyfriend corroborated the confession in his statement, saying that she was asleep when he killed the lawyer.

Murrath said he was present when Najeeb came over to the house to discuss the legal case and he became suspicious so asked Hanaa if something was wrong. Hanaa told him that Najeeb had grabbed her hands and hurt her, Murrath added.

Murrath said that he killed Najeeb out of anger and apologised to the family members present at the hearing for committing the crime.

The police had earlier noted that Murrath tested positive for drugs when he was brought under custody. He is a former inmate conditionally released under the Second Chance program for inmates with drug offences.

Police said he had an 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

If none of deceased victim’s heirs agree to accept blood money, under Islamic Sharia, Murrath and his girlfriend will be subjected to death penalty. The Criminal court is expected to rule on the case tonight after taking statements from the family.

Traditionally in Maldives death penalties are commuted to life imprisonment.

However Najeeb’s death has resulted in a public outcry to implement death penalty for convicted murderers. It also became the first murder case in the Maldives to be investigated and prosecuted in a court in less than 48 hours.

Following some criticism that the police had prioritised the case as the victim was a lawyer,  police media official Sub-Inspector Hassan Haneef responded that Najeeb’s case was investigated and forwarded to court faster than other murder cases because the suspects had confessed to the crime during the trial to extend their detention, and that all forensic evidence necessary to prosecute the case had been found.

“We do not discriminate in cases,” Haneef added.

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Slashed journalist claims attack was targeted assassination by Islamic radicals

Ismail ‘Hilath’ Rasheed got out his mobile phone and called for a taxi, but no sound came from his throat.

Instead the Maldivian blogger, journalist and former Amnesty prisoner of conscience, infamous for his willingness to tackle taboo subjects, particularly religious tolerance – felt air escaping from his neck.

“A very bad kind of panic came at that moment. I knew my trachea was cut. I knew it was a deep cut, and not just on the surface of the skin,” the journalist told Minivan News, prior to fleeing his own country in fear of his life.

Moments before, on the evening of June 4, Rasheed had turned into the dark alleyway leading to the door of his apartment block to find a man in a yellow shirt waiting for him.

“Then I heard someone call me by name from behind, and two more entered the alley. As I was turning the guy in a yellow T-shirt came up beside me, grabbed me from behind, put a mid-size box cutter to my neck and started slashing.

“I put my hand up to try and stop him, but he kept slashing.”

Rasheed holds up his hand – besides the jagged slash mark across his neck that almost claimed his life, the blogger lost a digit of his index finger trying to protect himself from the knife.

“That was why they missed a vital artery. I tried to prevent it – they cut the finger to the bone.”

Job done, the three men walked “very calmly” out of the alley in separate directions, leaving Rasheed to bleed to death in the alley.

“I got a look at their faces, but it was too dark to identify them,” he says. “They all had beards, and they were very young – I would say between 18 and 24. When the man in the yellow shirt was slashing my throat I smelled his breath – it smelled of alcohol.”

Acting on instinct, Rasheed held his neck and did not let go.

“I didn’t know how bad it was – because it was a box cutter, it was a very clean cut – it wasn’t painful,” he says.

“I thought about going upstairs to inform my parents, but I thought I better go straight to hospital rather than go up all the stairs.”

Leaving the alleyway, holding his head down to prevent blood loss, Rasheed tried to flag down a passing motorcycle. In the distance, he saw two of his attackers ride away on a motorcycle, while the walked round the corner.

“I knew it was pointless to go after them as I needed to get to the hospital,” he recalls.

Three motorcycles passed without stopping to help him, even though the front of his shirt and trousers were by now drenched in blood. That was when he tried to call the taxi, only to realise the extent of his injury.

“Even at that moment, a thought came into my mind. All the people who brought change to the world, most of them died for that cause – they didn’t live to see the fruits of their effort.

“When this thought came into my mind, survival instinct took over and I felt a rage: ‘I am going to survive, I want to live to see the fruits of my work – the fight for human rights,’” he tells Minivan News.

A young couple walking down the street noticed him – and the girl began screaming. A young man on a motorcycle motorcyclist heard the sound as he came around the corner, and stopped so Rasheed could get on behind him.

“I was still holding my neck, and not talking, and pointed in the direction of the hospital. With my right hand I held onto his shoulder – I was afraid I might faint because of the blood loss and fall off. There was so much blood – there was a pool forming in front of me.”

Fighting off unconsciousness, Rasheed stumbled into the lobby of ADK hospital, the young man behind him.

“I was very appreciative but I couldn’t talk to thank him,” Rasheed says. “Because I couldn’t say thank you I just gave him a thumbs up and walked into the hospital. A doctor later said the guy promptly fainted in the doorway.”

Still holding his neck, Rasheed walked into the the emergency room: “The people waiting in the lobby started screaming as I went passed – I think they were shocked,” he says.

A Maldivian girl and a couple of foreign nurses took Rasheed to a bed – “I saw a lot of ADK officials and police officers coming in. The Maldivian girl asked me to show them the injury. I knew I had to show them the extent of the damage so they knew what kind of treatment was needed,” he says.

“I lifted my head all the way back. And quickly back down. A doctor later told me that a nurse and a police officer fainted.”

The foreign nurses quickly inserted a tube into his neck so he could breathe, and pressed bandages to his neck to try and stem the blood loss.

The staff put him on a bed and rushed him to the operating theatre.

“They gave me anaesthetic. It took a while for it to work, but I didn’t feel any pain. I could see them opening my neck, putting their hand inside. I knew they were trying to assess the damage and from what they were saying, that my trachea was severed.”

The hospital kept Rasheed under anesthetic for 48 hours – “they didn’t want to wake me up,” he says.

“My father later told me that I happened to go into the hospital when the new shift was coming in All the old shift doctors stayed on – there were 6-8 of them. My father said at that moment they told him that I had a less than one percent chance of survival, but that they would try everything they could.”

Rasheed was later told by friends who had gathered outside the operating theatre that while he was undergoing emergency surgery, one of the men who had attacked and hospitalised him during a protest for religious tolerance on December 10 – Human Rights Day – came and waited outside the emergency room.

“A relative spotted him and asked him what he was doing there – he said he was there for scans – so the relative asked him why he was waiting in front of emergency. He was the guy who attacked me with a stone on December 10 and fractured my skull, and his excuse was that he was there for a scan,” Rasheed says.

That was the first of several unsettling incidents to happen while Rasheed was in hospital. Conscious of security concerns, ADK staff forbade access to Rasheed for all apart from his parents.

“While I was under anesthetic, I was told by a friend of a friend – a gang member – that someone had been sent into the hospital to kill me – to pull the plug. Nobody would have noticed,” Rasheed says.

“This bearded guy came into the Intensive Care Unit posing as my father. While he was near me a doctor who knew my father just happened to come into the ICU. The doctor was suspicious, and asked him who he was – he said he was my father. The doctor said ‘I know Hilath’s father, you are not his father,’ and called security to have him thrown out. He’s on the hospital’s CCTV footage.”

Four days later, Rasheed woke up on a ventilator, astounding doctors at his miraculous recovery.

“They said they had never seen anyone recover so fast from such an injury,” he says.

Rasheed has no doubt in his mind as to the motivation behind his attack – the third in just a few months. The attack was unusual in that most of the wave of recent gang stabbings in the Maldives have involved multiple stab wounds to different parts of the body – targeted throat slashing is new.

In July 2009, Rasheed broke news of a story on his blog concerning an under-age girl allegedly being kept by a family as a ‘jaariya’ – a concubine. Concerns were initially raised when the girl was taken to Indira Gandhi Memorial Hospital (IGMH) and was found to be pregnant.

“Ever since I reported the story on my blog I have received death threats. Things like: ‘If we see you on street we will slash your throat’, ‘we will behead you’, ‘don’t walk in a dark alley,’ things like that,” says Rasheed.

One of only several Maldivian bloggers to write under his own name, Rasheed courted controversy by continuing to tackle taboo subjects in the Maldives – particularly religious intolerance, and the constitutional provision that all Maldivians were required to be ‘100 percent Sunni Muslim’. This was at odds, Rasheed argued, with the country’s Sufi history and new-found commitment to freedom of expression – which had ironically, he argued, also given a voice to more extreme interpretations of the religion.

The attitude of many to Rasheed’s work was summarised in comments made by spokesperson for former President Maumoon Abdul Gayoom and newly-appointed Minister for Human Resources, Mohamed ‘Mundhu’ Shareef, who told AFP following the attempt on the blogger’s life that while the government condemned the attack, “Hilath must have known that he had become a target of a few extremists.”

“We are not a secular country. When you talk about religion there will always be a few people who do not agree,” Shareef said.

Both the administrations of Nasheed and Waheed showed little interest in prosecuting those who threatened and attacked Rasheed – regardless of the number of photos and witnesses.

“I reported the threats to police. In fact an intelligence officer met me after the concubine story. Nothing came of it. The man who attacked me with the stone on December 10 – there were photos of him, I gave his identity and everything. Police never arrested him, and as far as I know he’s still roaming free around Male.”

Police are investigating the latest attack on Rasheed, but despite claiming to have access to CCTV footage of the area, no arrests had been made at time of press. Police Sub-Inspector Hassan Haneef told Minivan News that while the investigation was proceeding, the case was “sensitive”.

The reason for that, Rasheed says, “is very obvious.”

“This coup government is collaborating with Islamic extremists. The extremists together with the Adhaalath party are now in power. I don’t think they will arrest my three attackers, even this time, and I don’t think I will get justice as long as Waheed’s coup government is in power,” the blogger says.

Days before the attempt on his life, Rasheed and a friend were passing the Furqan mosque in Male’ on their way to the swimming tracks. Six members of the same gang who attacked him on December 10 – who were inside setting up a sermon – came out and began punching him in the face.

“They cornered me, and pushed me into the wall. And started punching my face. As they were punching me I told them I had repented and was a Muslim. One of them said: ‘We don’t know that. You have to make a public announcement that you are a Muslim. Otherwise we will kill you.’”

The sight of a passing police jeep caused the group to cease their attack and scatter – “apart from one. He was one of those who threw stones on December 10,” Rasheed says. “Right in front of the police, he punched me in the face.”

The police saw the incident, came out of the jeep and arrested his attacker, says Rasheed.

“They asked me and my friend to come to the police station. We filed a case. That night they took him to court and extended his detention by five days.”

However while Rasheed was at home one of the gang members “called me, and told me to withdraw the case, and that in return I would never be attacked by Maldivian Wahabis again.”

The following morning Rasheed went to the police station and withdrew the case. He rang the gang member, “who said he was very happy.”

“A few days later this happened,” says Rasheed, pointing to his scarred throat. “I guess they are not good at keeping their word,” he laughs bitterly.

While Rasheed cannot identify his attackers in the June 4 attack, he claims that besides calling out his name, the assailants told him the attack was “compliments” of three senior political and religious figures in the country.

“I was told by a friend of these gang members that [two of these figures] met this gang and told them to murder me, and that it would not be a sin, and that in fact they would go to heaven because I had blogged about freedom of religion and gay rights,” Rasheed says.

“The friend also told me via the gang member that the extremists have drawn up a list of MDP members and supporters who are advocating secularism on Facebook and Twitter. I haven’t seen this list, but I’m told it exists. I have advised all my friends to be extra careful about their personal safety.”

Both sides of the political spectrum in the Maldives have on occasion accused the other of employing gangs for political purposes, such as attending and disrupting political rallies, in exchange for money and alcohol. However, Rasheed’s allegation that radicalisation is now being used as a control technique is new.

“These gangs are very easy to radicalise,” Rasheed explains. “They have committed all kinds of evil acts and sins, and it is very easy to brainwash them. These Sheikhs go and tell them that because they have done all these activities, the only way for them to get salvation is to subordinate themselves to Allah and undertake jihad against secularists and unbelievers. It is very easy.

“I think because the Islamists are now in power these people feel powerful and immune, and protected by this new culture of impunity. They are doing what they want to do, and what they are told to do. As long as this coup government is in power, this country will be lawless with gangs and Islamic extremists dictating our lives and murdering their opponents who disagree with them.”

Some of the more conservative Sheikhs have even privately expressed concern about the growing radicalisation of gang members, Rasheed says.

“One of them told a relative of mine that it was a disgrace – that these were gang members, taking heroin, abusing alcohol, that they were just criminals posing as Salafis,” says Rasheed.

“He said he was really concerned about groups taking over mosques because it was giving a bad name to Salaf and all the other Wahabis.”

International response

The attack on Rasheed has been widely condemned by international human rights NGOs, as the first apparently targeted murder attempt of a journalist in the Maldives.

Several human rights NGOs raised the attack during a recent debate at the UN Human Rights Council with UN Special Rapporteur on Freedom of Opinion and Expression, Frank La Rue.

During the debate, NGOs led by the Centre for Inquiry and the International Humanist and Ethical Union criticised the growing “climate of intolerance and impunity for such crimes” in the Maldives.

“The government of the Maldives has made no effort to arrest Rasheed’s attackers despite credible photographic evidence of the attack,” the NGOs contended, expressing alarm at the growing influence of extremists in the Maldives.

Reporters Without Borders (RSF) condemned the blocking of Rasheed’s blog – www.hilath.com – in 2011 by Communications Authority of the Maldives (CAM) on the order of the Ministry of Islamic Affairs. The Ministry had made the request on the grounds that the site contained anti-Islamic material.

Rasheed at the time described the crack-down as “just the beginning”, claiming there was no material on it that contradicted his Sufi interpretation of Islam.

“If Sunni Muslims are the conservatives, then the Sufi Muslims are the liberals,” he told Minivan News. “I think this is a conservative attack on the site. They think if you’re not a Sunni, you’re an unbeliever.”

After his attack, RSF issued a statement noting that it had “all the hallmarks of a targeted murder attempt.”

“Rasheed has made many enemies through his outspoken blogging. The authorities in charge of the investigation should not rule out the possibility that this was linked to his journalistic activity. He is a well-known journalist who has repeatedly been censored, arrested and threatened.

“The police must, as a matter of urgency, put a stop to the harassment of Rasheed and take the issue of his safety seriously. Any lack of response on their part will constitute a criminal failure to assist a person in danger,” RSF stated.

Amnesty International also issued a statement, noting that “religious groups opposed to Ismail Rasheed’s long campaign for religious freedom are suspected of being behind the attack.”

“People linked to these groups hit him with stones in December 2011, fracturing his skull, because he had arranged a rally to call for religious tolerance. Although that attack took place in front of onlookers and there is photographic evidence that can be used to identify the attackers, no one has yet been brought to justice for that attack,” Amnesty said.

For his part, Rasheed is no longer in the Maldives and has said he has no specific plans to return.

“In my opinion, I can never return to the Maldives. Right now, with the coup government hand-in-hand with Maldivian extremists, I believe the Maldives is a terrorist state. We need elections as soon as possible to bring back democracy,” he said.

The apparently newfound willingness of some politicians to use radicalised groups for political gain was “a devil’s pact”, Rasheed warned.

“Expect more political murders in the near future. It is not just me they want to get rid of – there are a lot of people. I forsee a lot of bloodshed.”

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Lawyer Najeeb murdered: Supreme court and AG call for action as public demand death penalty

The judiciary and authorities have come to high alert after prominent Lawyer Ahmed Najeeb was found brutally murdered on Sunday night.

Police were called to second floor apartment in Maafanu Masroora house in the capital Male’ at around 6:45pm yesterday evening, where they found 65 year-old Najeeb’s body inside a large dustbin, gagged, badly beaten up and stabbed multiple times.

According to eye witnesses, his face was lobotomised with a knife beyond recognition, and a blade was found stuck underneath his chin.

Though police have not revealed details of the case they have confirmed that a suspect, identified as 29 year-old Ahmed Murrath, has been arrested in connection to the murder. His 18 year-old girlfriend is also also being questioned by the police, according to some media reports.

Murrath, who is registered as residing at the house where lawyer’s body was found, is reported to be a convicted criminal released under the former government’s Second Chance Program, under which over 300 inmates incarcerated for drug offences were conditionally released.

Devastated family members of Najeeb and friends were seen crying at Indira Ghandi Memorial Hospital (IGMH) last night as the hospital official conducted the medical examination of the body.

“He was so badly beaten up and stabbed. Everyone is so shocked and devastated. He is a very nice and kind man. Why would someone to something so horrible?” said a relative of  the victim.

According to early reports, Najeeb was providing legal counsel in dividing the house, Masroora, between its heirs. Police have yet to give confirmation of this.

He is scheduled to be buried after Asru prayer this evening.

Judiciary on alert

Meanwhile, Najeeb’s background as a lawyer and writer has prompted both Attorney General Aishath Azima Shakoor and the apex court to take the unprecedented step of issuing statements condemning the murder.

He is the sixth victim to be killed this year, while several others have been brutally injured in a spate of gang violence across capital Male’ and atolls.

The Supreme Court said that “attacks against lawyers will not be tolerated” and that it takes every necessary measure to provide protection and security to lawyers.

“Crimes like these are committed with utter disregard to dignity entitled to the people, and are beyond the boundaries of humanity. When such crimes occur, the whole society plunges into fear and chaos,” the statement read.

Therefore, it adds, taking action against the attacker responsible for Najeeb’s murder is necessary for both public security and peace.

The Attorney General’s Office meanwhile echoed the apex court’s statement, emphasising that lawyers today are serving in an “increasingly dangerous environment.”

The AG’s Office reported that Azima made clear the need for prompt actions to make sure such crimes are not repeated.

Calls for death penalty grows

Home Minister Mohamed Jameel Ahmed, speaking at a press conference today, repeated his call for a decision on the implementation of the death penalty in relation to such crimes.

“We want death for death,” a crowd gathered near IGMH last night shouted, as Najeeb’s body was brought to the ambulance.

In recent times gang violence, burglary, mugging, sexual abuse of children and murders are increasing to levels of alarming concern in society, and the rise in criminal-related death tolls have provoked public pressure to implement the death penalty or capital punishment in the Maldives.

Under Islamic Sharia, the death penalty is the punishment of a murderer (one who kills deliberately) and that he is to be killed in retaliation (Qisaas) unless the victim’s next of kin let him off or agree to accept the ‘Diyah’ (blood money).

Although death sentences are issued by courts in the Maldives, traditionally those sentences a commuted to life imprisonment under the power vested in the President.

From January 2001 to December 2010, a total of 14 people were sentenced to death by the courts, and none from them have been executed. The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republican President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

Following  reports of the murder, the government-aligned Progressive Party of the Maldives (PPM)’s parliament group member Ahmed Mahloof  proposed an amendment to the Clemency Act (Act no 2/2010) which would make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

His amendment would require the President to enforce any death penalty if the Supreme Court issued the verdict of death, or if the Supreme Court supported the ruling of the death penalty made by either the Criminal court or the High Court. This move would halt the current practice of the President commuting such sentences to life imprisonment.

Previously, Maldivian Democratic Party (MDP) MP Ahmed Rasheed and later MP Ibrahim Muthalib also submitted similar amendments to the clemency act although both subsequently withdrew the motions.

“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 following the submission of the amendment.

In the Initial Report of Maldives under the International Covenant on Civil and Political Rights prepared by Human Rights Commission (HRCM) in 2011, the commission noted that growing public sentiment to impose death penalty.

But implementing death penalty may not be as easy as it sounds.

According to the commission, 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” it reads.

Furthermore, there are several laws pending which are related to the enforcement of the death penalty including, the passage of the revised Penal Code, Criminal Procedures Code, Evidence Bill and Witness Act, the commission adds.

The 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.

Meanwhile the commission acknowledged that the “life threatening acts of crime in the country have been aggravated” due to a number of direct and indirect factors, of which the direct problems include “inadequate legislation pertaining the criminal justice system”.

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 legislations 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.

“The lack of a comprehensive integrated crime prevention mechanism remains the greatest weakness in addressing the issue of increase in crime. 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,” the HRCM report adds.

Therefore, to address the above, says the HRCM, the “state should revise the existing Penal Code, and bring into force the Criminal Procedure Code – the other legislation pertaining to evidence and witnesses.”

“The State should further establish effective rehabilitation mechanisms for offenders, better prisons and correctional facilities to house and to rehabilitate criminals, and to strengthen effective coordination between drug rehabilitation system and criminal justice system,” it concludes.

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All family members of murdered Ahusan Basheer approve death sentence for minors if guilty

The Juvenile Court has said that murder victim’s Ahusan Basheer’s eight inheritors have now approved a possible death sentence for the male and female minor charged with his murder, if the court finds them guilty.

In May this year four members of Ahusan Basheer’s family were summoned to the Juvenile court to clarify if they had any objection to the death sentence being passed on the two minors charged with the murder of Ahusan. All four approved it.

The Juvenile Court said four more members of Ahusan’s family were summoned to Hithadhoo Court in Addu City to clarify if they would approve death sentence – they also approved it.

Article 88[d] of the Maldives Penal Code of the Maldives stated that murders should be dealt with according to Islamic Sharia and that persons found guilty of murder “shall be executed” if no inheritor of the victim objects, according to Islamic Sharia.

Home Minister Dr Ahmed Jameel has recently told the media that he would not hesitate to implement death sentence if the parliament determines it just.

Dr Jameel told the local media that the sentence for gang related crimes and assaults using sharp objects have to be changed to a sentence that the criminals fear.

He also said it was time the parliament determined appropriate penalties for such crimes and said he would not hesitate to implement any verdict.

Jameel said he will amend parole regulations in such a way that those convicted of murders, gang related crimes and stabbings will not be eligible for parole.

Ahusan Basheer, was stabbed to death in the early hours of March 17.

Although Maldives Penal Code allows death sentence, it has traditionally been commuted to 25 years in prison.

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Fifth suspect arrested in connection with the murder of Arham

Police have arrested a fifth person involved in the murder of 16 year-old Mohamed Arham, who was killed in ‘Lorenzo Park’ last month.

Police today said that an 18 year-old man was arrested this afternoon in connection with the case, at about 2:15pm.

No details of the man were disclosed to the media.

Recently, police arrested four men allegedly involved in the murder and said the death was related to a gang war and not political.

Deputy Head of Police Serious and Organised Crime, Dhaudh Mohamed, previously said that 16 year-old Mohamed Arham was killed in a revenge attack in an argument that night between two gangs.

Dhaudh said that the police investigation had found out that Arham had a close relationship with the gang, who were based in the park in which he was found dead. The victim had no previous criminal record, although he used to visit the park frequently, police stated.

The hearing into the murder of Abdul Mueeth ‘Bobby’, 21, was also scheduled for today at the Criminal Court but was later cancelled as the accused three men, Muhujath Ahmed Naseeh, Mohamed Maimoon and Ali Mushaf had not appointed lawyers.

According to local newspapers, at today’s hearing the judge told the state attorney that in cases of this type the accused can only respond to the charges with a lawyer.

Ali Mushaf today complained to the judge that he was restricted from basic rights such as the opportunity to make phone calls while under pre-trial detention.

On February 19, Abdul Muheeth of G. Veyru, was rushed to Indira Gandhi Memorial Hospital (IGMH) after he was stabbed at 1:45am near the Finance Ministry building. He later died during treatment.

The family of Muheeth have said that he was waiting outside his house for a friend after finishing a family dinner.

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