Tag: PIC

Majlis committee approves candidates for PIC and MMA, rejects prosecutor general nominee

Parliament’s independent commission’s oversight committee has interviewed and decided upon appointees to the posts of Maldives Monetary Authority (MMA) Governer, and Prosecutor General (PG), as well as a member of the Police Integrity Commission (PIC).

The committee’s Deputy Chair Rozaina Adam told Minivan News that the committee had approved nominees based on a grading scheme, and that each nominee needed to get over 75 percent of marks to be approved.

“Nominees for two of the posts we discussed yesterday received the required percentage of marks, the other didn’t. Approvals are based on a preset grading scheme, and not on members’ opinions,” Rozaina explained.

The committee approved Dr Azeema Adam for the post of Governer at MMA and Aiminath Rukshana to be a member of the five member PIC.

Presidential nominee for the post of Prosecutor General, Maumoon Hameed, did not receive sufficient marks for approval.

Dr Azeema Adam has served at the MMA since 1991. She is currently serving as Assistant Governor and Chief Economist, Monetary Policy, Research and Statistics at the MMA.

Adam has a PhD in Economics from the University of Canberra and a Masters Degree in International Development and Finance from the University of Leicester.

Her nomination for the governors role came after Yameen had previously forwarded the name of Ibthishama Ahmed Saeed, an associate director at the Bank of Maldives, before withdrawing it amid suggestions the candidate was not qualified for the role.

Previous governor, Dr Fazeel Najeeb, resigned in December citing personal reasons – though he urged the government to reduce expenses and refrain from printing money during his final press conference.

Presidential nominee to the police watchdog body, Aiminath Rukshana, also received the required 75 percent marks. Rukshana is originally from Liyaage in Maafannu ward of Malé City.

Presidential nominee to the post of prosecutor general, lawyer Maumoon Hameed was not able to receive the required percentage of votes.

The PG’s position has been vacant since former PG Ahmed Muiz resigned from the post prior to a scheduled no-confidence vote. The duties of the PG are currently being temporarily conducted by Deputy Prosecutor General Hussain Shameem.

After a running dispute with the PG’s Office over the acceptance of cases following the expiry of the constitutionally mandated period for appointing a new PG, the Criminal Court resumed accepting new cases after repeated interventions by the Supreme Court.

President Abdulla Yameen has recently accused the opposition Maldivian Democratic Party – holder of a majority of seats in the oversight committee – of obstructing the government’s attempt to appoint a new PG.

Lawyer Maumoon Hameed is the son of the Gayoom administration’s Atolls Minister Abdulla Hameed, and the nephew of incumbent President Yameen and ruling Progressive Party of Maldives leader Maumoon Abdul Gayoom.

MP Rozaina Adam stated that the committee will present the report on its decision to the parliament speaker on Tuesday.

A final decision on the appointments will be taken through a parliamentary vote. The vote has thus far not been scheduled on agenda.

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Civil Court declares former police intelligence director’s arrest unlawful

The Civil Court has declared the Maldives Police Services’ arrest of former Director of Police Intelligence Sabra Noordeen on 16 March 2013 unlawful, unwarranted, and an ‘abuse of power’.

The court has also ordered the police to erase the record of the arrest and to issue a written apology.

Speaking to Minivan News today, Sabra said she had filed the case “because I wanted to set a legal precedent which would make the Police think about the wider rights and responsibilities they have to uphold before they exercise their powers.”

The police arrested Sabra upon her arrival at Malé International Airport on 16 March 2013 on the charge of “inciting violence” against a police officer on 5 March 2013 during the arrest of President Mohamed Nasheed. The police also confiscated her passport.

She was then handcuffed in order to be transferred to Dhoonidhoo prison. However, the police took her to Malé instead, and released her after issuing a summons to appear at the police station at a later date for questioning.

Sabra first appealed the Criminal Court warrant at the High Court and asked for compensation for damages. In August 2013, the High Court ruled the warrant valid, but said that Sabra should seek compensation at the Civil Court.

In yesterday’s verdict, the Civil Court noted the Criminal Court had not ordered the police to arrest Sabra, but had provided a warrant authorising her arrest upon the police’s request.

The court said she could only be arrested under such a warrant if there was “a necessity for her arrest”,  and if such a necessity ceases to exist, she should not be arrested “even if the warrant has not expired”.

The Civil Court noted that the High Court judges had deemed Sabra’s quick release on the day of her arrest to have been an indication of the lack of necessity for her arrest.

The Civil Court has also warned that the police’s abuse of power defeats the purpose for which the institution was founded, and would create doubt and fear about the the institution.

The verdict declared that Sabra’s arrest violated her right to protect her reputation and good name as guaranteed by Article 33 of the constitution, and the right to fair administrative action guaranteed by Article 43. The court also found that the police had acted against their primary objectives underlined in Article 244.

Following her arrest in March 2013, Sabra called for police reform in order for the institution to regain public confidence – including the dissolution of Special Operations unit and holding police officers accountable for misconduct and brutality.

“I quit the Maldives Police Service on 8 February 2012 with a profound sense of sadness for the institution and the colleagues I left behind. I do not believe that everyone in the MPS was involved in the mutiny or the coup and I do not believe in blaming everyone in a police uniform,” she wrote in an article detailing the events of her arrest.

Previously, the Criminal Court had declared the police’s arrest of incumbent Vice President Dr Mohamed Jameel Ahmed and the arrest of Ghassaan Maumoon, son of former President Maumoon Abdul Gayoom, as unlawful.

In 2010, the Civil Court also declared the Maldives National Defense Force’s “protective custody” of current President Abdulla Yameen as unconstitutional, while the Supreme Court ordered the immediate release of both Yameen and Gasim Ibrahim (both members of parliament at the time).

Accusations of brutality and misconduct by MPS officers are common and have been confirmed by various independent state institutions. Among them are the Commission of National Inquiry (CNI) that looked in to the controversial power transfer of February 2012 and two constitutionally prescribed independent institutions – the Human Rights Commission of the Maldives and the Police Integrity Commission.

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State failed to follow majority of February 8 recommendations: HRCM

Independent institutions and the government have failed to implement the majority of the recommendations given by following a investigation into human rights violations during a brutal police crackdown on opposition Maldivian Democratic Party (MDP) protesters on February 8, the Human Rights Commission of the Maldives (HRCM) has said.

Even after one and a half years, only three of the 17 recommendations regarding systemic issues have been fully implemented, HRCM President Mariyam Azra said at a press conference today.

The commission has not yet revealed which of the recommendations were implemented fully, or how much of the other specific recommendations have been implemented.

The report dated 28 May 2012 contained a total of 28 recommendations, 14 involving the Maldives Police Service (MPS) and seven involving the Police Integrity Commission (PIC).

Other institutions that the HRCM had proposed recommendations to were Maldives National Defense Force MNDF), the Department of Judicial Administration, Maldives Broadcasting Commission (MBC) and Ministry of Education.

HRCM recommended the the MPS and PIC investigate the “disproportionate” use of force in violation of police regulations . The report also stated that legal action should be taken against the officers responsible for such offences.

Both the Commission of National Inquiry (CNI) set up to investigate the transfer of power and the PIC had made similar recommendations regarding the police service.

Members of the PIC have labeled actions of some police officers on February 6, 7 and 8 as crimes and have asked the Prosecutor General to prosecute officers  and recommended Ministry of Home Affairs suspend them.

Meanwhile, more than hundred protesters are being charged with terrorism and obstructing police duty in connection to incidents that took place on the same day.

MDP has called the charges “politically motivated” and demanded they be dropped immediately.

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Police officers “negligent” in Raajje TV arson attack: PIC

The Maldives Police Services was negligent in protecting opposition-aligned broadcaster Raajje TV from an arson attack that destroyed the station’s headquarters on October 7, the Police Integrity Commission (PIC) has said.

In a report released today, the PIC has recommended that the Prosecutor General file criminal charges against two unnamed officers – the Inspector of Police and the Shift In Charge (Shift IC) – who were on duty at the Galholhu Police Station on the night of the attack.

Reporters Without Borders (RSF) had issued a statement on the day of attack condemning the police’s failure to protect the station.

“This criminal act is a direct blow to freedom of information and we deplore the attitude of the police, who failed to do what was necessary to prevent the attack although the head of TV station requested protection a few hours before it took place,” RSF said.

Raajje TV had received credible information of an impending attack, and sent a letter asking for police protection, the report noted.

Senior police officers, on the orders of then Commissioner of Police Abdulla Riyaz, instructed the inspector of police in charge of the Galholhu Police Station to maintain a presence at the Raajje TV offices.

Further, upon realising there weren’t enough police officers to maintain static duty, a superior instructed the inspector of police to get additional officers from the operational duty department to carry out the task.

The inspector of police delegated the task to the shift IC, and falsely informed his superiors that police officers were on static duty at Raajje TV headquarters without checking to see if his orders were actually followed through, the report said.

Moreover, the Inspector of Police had not even asked the CCTV Command Center to aim the CCTV cameras at the Raajje TV building despite knowing the Maldives Police Services did not have enough officers to patrol the area that night.

The shift IC had “not done anything to find additional police officers to oversee security at Raajje TV,” the report stated. Moreover, the Shift IC had not informed any police officers patrolling Malé City that night of the possible attack on Raajje TV.

The PIC undertook the investigation on the Maldives Media Council’s request.

Meanwhile, the police say they have arrested eight adults and one minor for suspected involvement in the attack. Mohamed Meeaadh, 35 years, was arrested on December 2 after a manhunt.

The police have urged the public to forward any information regarding the attack and have pledged to provide protection to informers.

CCTV footage of the attack shows six masked men armed with machetes and iron rods breaking through a reinforced steel grill and a second wooden door before dousing the station’s control room and lobby with petrol. The ensuing fire destroyed the station’s offices, control room, computer system, and broadcasting and transmission equipment.

The station returned to air the same day with donated equipment.

Further footage shows an additional six masked men breaking and entering the building located next to the BKT Builing where Raajje TV’s offices are located. Raajje TV has said it believes the six men were attempting to find the station’s second studios.

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Police Commissioner was appointed legally, says integrity commission

The Police Integrity Commission (PIC) has stated that Commissioner of Police Abdulla Riyaz was appointed to the position in compliance with the Police Act, and that his appointment was lawful.

In a statement issued today, the police said that the PIC had sent a document informing them about this conclusion and stating that the PIC had decided Riyaz was appointed in compliance with Police Act 2008/5 article 52(a) and 52(b).

Police said that President Dr Waheed Hassan had appointed Riyaz on Feburay 8, 2012. Before Dr Waheed appointed him as the commissioner, the Home Minister Mohamed Ahmed Jameel had appointed him as Assistant Police Commissioner  on the same day.

According to media reports the PIC investigated the case after some politicians expressed doubts over  the legitimacy of Riyaz’s position.

On August 20, Riyaz posted a letter he claimed to have been sent, urging the police to “say no” to former President Mohamed Nasheed on September 7, just as they had on February 7 – an event the author described as a “jihad”.

The letter, addressed to the entire police force, praised officers for their “patience” in the face of Nasheed’s “cunning” and “malicious” actions during his presidency.

On August 24, the Maldivian Democratic Party (MDP) issued a statement stating that the ”MDP firmly believe that Riyaz, by choosing to tweet the image of this particular letter against a candidate running in the presidential elections has contravened the codes of conducts enshrined in the Police Act and the Presidential Elections Act.”

Riyaz was appointed commissioner immediately after Nasheed’s resignation, which Nasheed and MDP would later claim was a police coup. The party has also repeatedly questioned the legality of Riyaz’s role on February 7.

The allegations were later rejected by a Commonwealth-backed Commission of National Inquiry (CoNI) that ruled that there had been “no coup, no duress and no mutiny”, while also calling for action taken against unlawful acts committed by the country’s security forces following the transfer.

During the statement regarding Riyaz’s social media activity, the party again raised the issue of the police commissioner’s legitimacy.

”The MDP notes that this is unfortunately not the first instance where Mr Riyaz, appointed in dubious circumstances, has used his position in a blatantly politically manner,” the MDP statement read.

”The MDP would like to draw attention to Riyaz’s role in the February 7 2012 forceful overthrow of government, subsequent police brutality, impunity and lack of accountability, politically motivated detentions, unconstitutional barring of Raajje TV from police service events, the refusal to accept summons by parliamentary select committees and the extensive interview he recently gave on a policy which was alleged to be the MDP’s.”

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PIC requests punishment of officers for unlawful arrest of Thulhaadhoo Council president

The Police Integrity Commission (PIC) has recommended the Home Ministry take action against police officers involved in the arrest of Thulhaadhoo Island Council President Ahmed Rasheed earlier this year, according to media reports.

On January 26, 2013, police arrested Rasheed on charges of creating unrest while participating in a protest against Adhaalath Party Leader Sheikh Imran Abdulla when he arrived on Thulhaadhoo.

Along with Rasheed and island council member Ziyau Rasheed Ibraim, 11 people were arrested over their alleged involvement in confrontations on the island.

The PIC’s recommendation was made after investigating a complaint filed by Rasheed contending that his arrest had been unlawful.

Rasheed claimed in the complaint that he was arrested in his home after the protest was over by police officers with their faces covered.

Channel News Maldives reported at the time that clashes had occurred between supporters of the the opposition Maldivian Democratic Party (MDP) and the government-aligned Adhaalath Party during Sheikh Imran’s visit.

The councilors were released the next day after being taken to court for extension of the period of their detention.

Concluding its investigation into Rasheed’s arrest this week, the PIC’s report stated that the police officers had arrested and handcuffed Rasheed in violation of arrest procedures.

The PIC report explained that officers were required to follow regulations specifying the procedure for handcuffing a suspect during an arrest.

In reference to other claims made by Rasheed that police used inappropriate language when they communicated with him, the PIC said that the investigation team was unable to prove whether or not allegations were true.

A police spokesperson today told Minivan News that no instructions had been received from the Home Ministry on the PIC’s recommendations concerning the case at time of press.

“The PIC procedure is they send these recommendations directly to the Home Ministry, and the ministry will then forward the case and have us take action against officers. The Home Ministry may also take action,’’ he said.

PIC Director General Fathimath Sareera Ali Shareef was not responding to calls from Minivan News at time of press.

Earlier this week, Assistant Commissioner of Police Ali Rasheed revealed that the police disciplinary committee had decided not to take any action against five police officers facing criminal prosecution over police brutality against MDP demonstrators on February 8, 2012.

The decision was made despite a recommendation from the PIC to the home ministry to take administrative action against the six police officers accused of brutality.

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Nasheed’s lawyer arrested in Addu City

Former President Mohamed Nasheed’s lawyer has been arrested by police in Addu City after allegedly disobeying police orders on Wednesday night (March 27).

Hisaan Hussain, who is part of Nasheed’s legal team, told local media that she had been arrested shortly after her husband was detained by police earlier in the evening.

Local media reported that police had conducted an inspection at Hithadhoo Kalhibis beach barbecue area following reports that people had been intoxicated in the area.

According to Hisaan, her husband had been arrested after he had questioned the actions of the police when they turned up to the family event.

Hisaan claimed that she was then later arrested when she went to Hithadhoo Police Station to submit a request to act as her husband’s lawyer.

The Maldivian Democratic Party (MDP) has since claimed that the arrest of Hisaan – who has now been released by authorities along with her husband – was a direct attempt by police to intimidate Nasheed’s lawyers.

“We see it as pure harassment. The Police are trying to intimidate lawyers who represent the MDP and President Nasheed. It is extremely disturbing that the police have again displayed their complete disregard to the law.

“We urge the Police and the Police Integrity Commission to look into the matter and take urgent action against those officers who continue to violate the law & brutalise Women,” President Nasheed’s spokesperson MP Mariya Didi claimed.

Contrary to reports in local media, a statement from the MDP claimed that police had searched the area under a law relating to gang violence.

The MDP statement further claimed that Hisaan, who is 24 weeks pregnant, had been pushed to the ground by police, while her husband was punched in the face by an officer.

Police Spokesperson Chief Inspector Hassan Haneef was not responding to calls or text messages from Minivan News at time of press.

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Police cannot be prosecuted for brutality against Jabir: PIC

The Police Integrity Commission (PIC) has said that no charges can be pressed against police in relation to the alleged attack against Maldivian Democratic Party (MDP) MP Abdullah Jabir.

In November 2012, police carried out a ‘special’ operation on the island of Hodaidhoo in Haa Dhaal Atoll following reports that drugs and alcohol were being consumed.

Despite a complaint filed by Jabir’s brother, Ibrahim Shiham, claiming that there is sufficient evidence proving that police beat Jabir in the arrest, the PIC decided that the case could not be sent to the Prosecutor General’s (PG) office for criminal prosecution, local media reported.

Shiham’s complaint states that proof exists of police brutality during the arrests, as a medical report from ADK Hospital notes that Jabir had sustained injuries, and a video of the police operation shows a police officer kicking Jabir in the head, local media reported.

The PIC said that the because the face of the officer in the video could not be seen, nor his name, the PIC cannot forward to case to the PG’s office.

Jabir told local media that he now plans to file a case in the Civil Court against the police.

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Defence Minister Nazim rejects allegations of police misconduct on Feb 8

Defence Minister Mohamed Nazim has rejected accusations that police officers committed criminal or “inhumane” acts against members of the public on February 8, 2012, instead blaming opposition party supporters for violence on the day.

Nazim was reported by newspaper Haveeru as claiming that police and military figures should not be held accountable for injuries sustained by members of the public during protests held over a three-day period between February 6 and February 8, 2012.

On February 7 last year, then President Mohamed Nasheed resigned from office. He subsequently alleged he had been forced to do so under “duress” on the back of a mutiny by sections of the police and military.

Speaking to private broadcaster DhiFM this week, Nazim rejected claims by the Police Integrity Commission (PIC) that some officers should be prosecuted for criminal behaviour due to how they dealt with protesters at the time the government changed.

Parliament’s Executive Oversight Committee (EOC) was told by the Police Integrity Commission (PIC) on Thursday that certain police officers should be prosecuted for alleged “unlawful actions” they committed in the build up to, and following, last year’s power transfer.

Parliament’s EOC is currently reviewing the report produced by the Commonwealth-backed Commission of National Inquiry (CNI), which looked into the events leading up to February 7, as well as its aftermath.

The CNI report, which was published in August last year, concluded there had been no coup, no duress and no mutiny during the controversial transfer of power that saw President Dr Mohamed Waheed Hassan Manik sworn into office.  The report did however call for investigations into “acts of police brutality”.

The CNI findings were also welcomed at the time by the US State Department and the United Nations, but have continued to be branded a “whitewash” by the opposition Maldivian Democratic Party (MDP).

Opposition “offence”

Nazim told DhiFM broadcast that injuries received by members of the public during protests held on February 8, 2012, were a result of confrontations with police.

He maintained that the “truth” of the day, which he claimed had been wiped from public memory, was that supporters of the opposition MDP had carried out an “offence” by committing acts of violence that served to reverse national development by 20 years in certain cases.

Police stations and court houses in six southern atolls were torched during February 8 last year after police violently cracked down in the capital Male’ on a Maldivian Democratic Party (MDP) march where thousands took to the streets in support of former President Nasheed.

In August last year, terrorism charges were pressed against over 40 people accused of setting the Seenu Gan police station on fire on February 8, including Maldivian Democratic Party (MDP) MP Mohamed Rasheed and Addu City Councillor Ahmed Mirzadh.

According to local media, Nazim alleged this week that senior figures in the MDP had requested that the archives and history of islands across the country be set on fire along with courts houses and police stations.

While the defence minister added that police had taken part in unspecified, “unprecedented acts” during the transfer of power, he said that law enforcement and security officials were not at fault for violence during and after the transfer of power, and that former President Nasheed should take full responsibility.

Injuries sustained by members of the public between February 6 and February 8 last year were a result of confronting police officers, Nazim said, and had not been sustained “from being at home”. He maintained that a probe into the clashes was ongoing.

Defence Minister Nazim was not responding to calls from Minivan News at the time of press. Police Commissioner Abdulla Riyaz’s phone was also switched off.

Prosecution calls

PIC Vice President Haala Hameed said earlier this week that the actions of some police officers during the controversial transfer of power amounted to crimes and should be prosecuted by the PG.

She claimed that the PIC had identified 29 cases of police misconduct, out of which cases concerning six police officers had been sent to the PG for prosecution. Furthermore, the PIC revealed that it had urged Home Minister Dr Mohamed Jameel Ahmed to suspend the officers immediately.

Hameed said the commission had failed to identify the police officers in five of the remaining cases, while 11 other cases lacked supporting evidence. She also said the PIC was still investigating seven cases of police misconduct during the transfer of power.

“These are not disciplinary issues, but crimes. Aside from sending cases to the prosecutor general, we also recommended the Home Minister suspend these officers, because of the delays in prosecution. We believe these officers should not be serving in the police,” she said.

Prosecutor General Ahmed Muiz disputed Hameed’s claims at the time, suggesting that the actions of police officers did not amount to crimes but were “disciplinary issues”.

“I am not deterred or afraid of carrying out my duty. I am not influenced by anybody. By the will of God, I will continue to carry out my duty. I would have sent cases to court if there had been sufficient evidence needed for a successful prosecution,” Muiz said.

The PIC has said that it had investigated officers involved in alleged abuse as criminal cases rather than as disciplinary matters.

Home Minister Dr Mohamed Jameel Ahmed responded in local media at the time that cases involving police officers whom the had PIC recommended be dismissed had been sent to the police disciplinary board.

Jameel said the Police Act and the regulations made under the act were very clear as to how a police officer could be dismissed or disciplined. He claimed that he would uphold the law and would not violate the Police Act.

“The PIC is an institution formed under the Police Act. I can’t simply remove a police officer simply based on a recommendation by the commission. That is why I sent the cases to police disciplinary board as soon as I got the [PIC]’s letter,” he told Haveeru.

Jameel also said it would be an unfair dismissal if the court acquitted a police officer who had been dismissed prior a verdict being reached.

Dr Jameel was not responding to calls from Minivan News at time of press.

International pressure for a thorough investigation into allegations of police abuse has continued.

The UK government earlier this week called for the government and other parties to work towards institutional reform in areas such as the judiciary, as well as “to fully investigate all allegations of police brutality, as recommended in the CoNI report.”

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