PIC statement “not authorised by me”: PIC President

“I did not authorise the release of the statement”, Police Integrity Commission (PIC) President Shahindha Islmail has said, a day after the police watchdog released a statement dismissing the reports of police brutality and use of excessive force against Maldivian Democratic Party (MDP) protesters.

Ismail told Minivan News on Thursday that she did not agree with the point which said police had not used excessive force, and therefore provided clear instructions to revise the draft statement to include the unlawful actions of the police observed by the commission.

However, she confirmed that the statement was released on Wednesday while she was on leave and that none of her suggestions were included, except the point that the protests had turned peaceful since July 21.

“As the protests have changed, I told [the commission members], the time had passed for us to comment on it and it was not a good idea to release the statement now condemning the protesters, as it has a possibility of causing further disruption of the peace,” the PIC President observed.

The contentious PIC statement said that police had not used excessive force to disperse the consecutive protests held by the MDP since early July, and that those protests were only broken up following the “removal of police barricades by the protesters and use of loud speakers after midnight ,and attacks against police with coins, pavement bricks, marble, metal pieces, chili water and plastic water bottles.”

“I did not disagree with the points that the protesters threw water bottles and different things that the police. The main thing I disagreed with was the point that police did not use excessive force. From what I have personally witnessed on the TV coverage and is PIC investigations, it is very clear this is not the case,” said Ismail.

She continued, “There have been several occassions when the police obstructed the protests by putting barricades down, despite the fact that the protests were going on in unrestricted areas. This I believe is a clear violation of people’s constitutional right to peaceful assembly.”

Furthermore, she observed that the “police have been acting in a way it seems to provoke the crowds,” Ismail alleged.

“We saw police officers walk into the crowds [protest] several times. Sometimes, it is to bring the barricades taken by the proterstors or to arrest someone. But, some times it is without any reason. I believe it is a form of provocation from the police side.” Ismail explained.

She added that PIC observers had also witnessed police using foul language with the protesters and sometimes against them: “The police stop it once they realise we are commission observers,” she said.

Asked whether the release of statement reflected attempts by the other commission members to override her authority, PIC President responded: “I don’t think of it as overriding my authority, but they are are trying to undermine me.”

She further claimed that the statement was backed by the commission members who seem to be “biased in favour of the police”. She did not name anyone.

As the watchdog body of the police, Shahinda emphasised that PIC should not take sides between the police and the people, and must always prioritise the role of overseeing whether the police actions were within legal boundaries, and if not, provide instructions of what needed to be improved.

“When the PIC failsto inform police what needs to improved, the police officers who are acting unlawfully will see it as an encouragement to ignore the rule and regulations,” Shahinda contended.

Indicating that it was to late to retract the PIC statement, Ismail noted that the “damage is already done” and “police are likely to participate in further unlawful actions.”

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Police acts on February 8 unlawful, Police Integrity Commission tells Majlis Committee

President of the Police Integrity Commission (PIC) Shahindha Ismail has told the Majlis’ Independent Institutions Oversight Committee that police actions on February 8 were unlawful, and that police officers had used undue force to disperse a Maldivian Democratic Party (MDP) demonstration.

Video footage of the February 8 demonstration show police in riot gear tear gassing and brutally beating unarmed civilians in front of Maldives Monetary Authority (MMA) building.

The MDP took to the streets after former President Mohamed Nasheed claimed he was had resigned “under duress” following a police and military mutiny the previous day on February 7.

Responding to questions from MDP MP Ahmed Sameer, Shahindha said police had violated clauses 1, 8 and 11 of Article 7 of the Police Act. These clauses stipulate that police must respect and uphold fundamental rights of citizens, uphold and protect individual dignity, humanity and human rights, and must not under any circumstances subject any individual to inhuman, degrading or cruel treatment.

MP of the Progressive Party of the Maldives (PPM) Mohamed Hussein asked Shahindha which measures the PIC had used to determine whether police had in fact used excessive force.

“There is a specific act regarding the use of batons,” Shahindha said. “While watching live coverage of the protest, I saw a policeman stretch out his arm with a baton and hit a citizen on his head. That is indisputably unlawful.”

Shahindha said the PIC had immediately called police-in-charge at the time Abdulla Phairoosh and had asked that police show restraint.

“Phairoosh said he was not aware [of police brutality]. We also asked for the police to leave the site if they cannot act within the law. Phairoosh agreed. But we did not see that happen,” she claimed.

Moreover, Shahindha said the police had also violated Article 41 of the Police Act which requires the police to inform the PIC if a police officer causes any harm to a citizen due to use of force, or while individual is under custody.

But Shahindha noted police were fully cooperating with the PIC in investigations, and that the PIC was prioritising the investigation of the events of February 6, 7, and 8.

Responding to questions from MP of the Dhivehi Rayyithunge Party (DRP), Rozaina Adam, Shahindha said while the police had the fundamental right to disobey an unlawful command and the right to ask their commissioner to resign under such circumstances, she could not state whether police actions on February 7 constituted a police mutiny until investigations were complete.

Parties allied with President Dr Mohamed Waheed Hassan refute allegations of police mutiny, stating that police officers were exercising their right not to obey an unlawful command on February 7.

In addition to the PIC, the Independent Institutions Oversight Committee also met with the Human Rights Commission (HRCM) and the Prosecutor General (PG) to question them about police brutality allegations and the detention of Criminal Court Chief Justice Abdulla Mohamed in January 2012.

Human rights violations

The HRCM told the Independent Institutions Oversight Committee that they believed human rights violations had occurred on February 8. HRCM said their monitors were active on the streets and had visited Dhoonidhoo Remand Center and the hospitals that day.

Speaking at a meeting held to mark the 79th anniversary of the Maldives Police Services, Commissioner of Police Abdulla Riyaz said he would not conduct an internal investigation, saying that he had asked the HRCM to look into the matter.

But President of HRCM Mariyam Azra said the police had not asked the HRCM for a formal investigation into police brutality.

“We did not receive a formal request for investigation. However, in a meeting with the police commissioner, after we asked the police to conduct an internal investigation through the police’s professional standards unit, he asked us to look into it as well. We do not believe that is a formal request for investigation,” Azra said.

Speaking to Minivan News after the committee hearing, Shahindha said if the police conducted an internal investigation into brutality allegations it would increase their integrity in the public eye.

CNI not independent: PIC

DRP MP Visam Ali asked if the PIC would collaborate with the presidential Committee of National Inquiry (CNI), which is charged with assessing the facts regarding Nasheed’s resignation.

New President Dr Mohamed Waheed Hassan instituted the three member committee following international pressure for an independent investigation into the transfer of power. However, the CNI has come under fire from the MDP and local civil society groups for unilateralism and lack of independence.

“The CNI has said it is not carrying out a criminal investigation. All of the PIC’s investigations carry a criminal aspect. I do not see the point of joint-investigations with the CNI,” Shahindha said.

“I do not believe the commission is independent or impartial nor does it have the mandate to investigate the matter,” she added.

The PIC had now completed 90 percent of its February 6, 7, and 8 investigations, Shahindha said.

Although the PIC and HRCM said they would be looking into police brutality and human rights violations during the transfer of power, the commissions had previously told Minivan News they did not have the mandate to look into the legality of the transfer of power.

Footage of the MDP protest and police response on February 8, following the change of government

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Independent Commissions Committee to summon Police Commissioner, PIC, HRCM and PG

Parliament’s Independent Commissions Committee has decided to summon Police Commissioner Abdulla Riyaz for questioning over police brutality against anti-government protesters who took to the streets, calling for the resignation of new President Dr Waheed Hassan Manik on February 8.

The issue was submitted to the committee last Wednesday by Maldivian Democratic Party (MDP) MP Ahmed Hamza.

Hamza told Minivan News that he submitted the issue to the committee because the Police Commissioner had said the police would not investigate the police brutality against anti-government protesters on February 7 and 8.

Hamza said Riyaz had told him that he had requested the Human Rights Commission of the Maldives (HRCM) investigate the case.

‘’I am interested to know why he has refused to investigate the case,’’ he said. ‘’HRCM and Police Integrity Commission (PIC) are also being summoned to ask about their investigations into police brutality that day.’’

Hamza said the committee furthermore decided to summon Prosecutor General Ahmed Muiz because some MPs were keen to ask him questions about the arrest of Criminal Court Chief Judge Abdulla Mohamed.

‘’The Chair of the committee will determine a date and time that they will be summoned,’’ he added.

He also said that lots of anti-government protesters and MPs were assaulted by police on February 7 and 8.

Independent Commissions Committee is chaired by independent MP Mohamed Nasheed.

MDP Deputy Leader and MP Alhan Fahmy has meanwhile submitted the case of the alleged coup d’état to the parliament’s National Security Committee for investigation and to determine the truth of the alleged events that took place on February 7.

Alhan said he was busy when Minivan News contacted him and did not respond.

He told Haveeru that the committee would investigate the circumstances of former President Nasheed’s resignation, and an allegation from Nasheed that Deputy Police Commissioner Atheef was held at knife point.

The National Security Committee has a majority of pro-government MPs and is chaired by Jumhoree Party (JP) Leader and MP ‘Burma’ Gasim Ibrahim, whom the MDP have alleged was one of the resort owners responsible for funding the coup.

Last month the Maldivian Democratic Party submitted the case of police brutality against their parliamentarians to the Inter-Parliamentary Union (IPU).

On February 8, thousands of anti-government supporters, led by former president Mohamed Nasheed, took to the streets demanding the resignation of the new President Dr Waheed Hassan alleging that his government was illegitimate.

Former President Nasheed, MDP Chairperson and MP ‘reeko’ Moosa Manik, MP Mariya Ali, MP Ahmed Shifaz and many other senior MDP figures were injured.

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“Coup investigation not within our mandate”: HRCM, PIC, PG, ACC, MMC

Investigation into the legality and legitimacy of the transfer of power on February 7 is not within Maldives’ independent state institutions’ mandate, the institutions have said.

Instead, the Human Rights Commission of the Maldives (HRCM) and the Police Integrity Commission (PIC) will respectively investigate human rights violations and police conduct on February 7.

The Prosecutor General (PG) and the Maldives Media Council claim the two bodies do not have investigative authority, while the Anti-Corruption Commission (ACC) said no cases have been lodged with the commission regarding the transfer of power.

Following the Commonwealth and EU’s call for an impartial investigation into the alleged coup d’état, President Dr Mohamed Waheed Hassan appointed a three member Committee of National Inquiry (CNI) to investigate the transfer of power. However, the commission has come under fire from the Maldivian Democratic Party (MDP) and civil society groups for unilateralism and lack of independence.

Moreover, the CNI has said it will not conduct a criminal investigation, but will publish a report based on members’ informed opinions in May. The commission’s mandate “specifically indicates that the inquiry will not be a criminal investigation. Any criminal investigation pertaining to the subject of the inquiry will remain the responsibility of the relevant authorities”.

But with the abdication of responsibility by independent state institutions, it now appears no independent commission in the Maldives will investigate the power transfer of February 7.

Ousted Maldivian Democratic Party (MDP) spokesperson Hamid Abdul Gafoor expressed “deep disappointment” and said institutions were “not extending themselves enough.”

“When the system breaks down, it is the responsibility of national mechanisms to deal with it. The democratic impulses driving these institutions are dying. This is why we are asking for external involvement and mediation in the inquiry,” he said.

President Mohamed Nasheed stepped down after elements of the police and military mutinied and called for his resignation. Video footage also show the police and military vandalising MDP’s offices and taking over state media Maldives National Broadcasting Corporation (MNBC) prior to Nasheed’s resignation.

Police cracked down on peaceful demonstrators in Malé the following day on February 8, leading to widespread arson and vandalism of courts, police stations and courts in the atolls.

HRCM

Speaking to Minivan News, the Human Rights Commission of the Maldives (HRCM) said the commission will investigate human rights violations on February 6, 7, and 8, and release a comprehensive report by mid-April. However, the commission will not look into the transfer of power.

“We will not be looking into the transfer of power. The transfer of power is out of the commission’s mandate or the capacity in terms of numbers to investigate such a complex matter that involves so many institutions,” said commission member Ahmed Abdul Kareem.

“If HRCM gets involved in this inquiry, then we will not be able to investigate day-to-day cases,” he added.

He also said the best solution was for an impartial state inquiry with the representation of the Majlis and courts.

HRCM is currently investigating former President Mohamed Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed. The former President, along with former Home Minister Hassan Afeef and Defence Minister Tholath Ibrahim, were last week summoned for questioning by the commission.

In response Gafoor said, “If the HRCM does not understand a coup to be an infringement of an entire public’s human rights, they are not extending themselves at all.”

Police Integrity Commission

President of the Police Integrity Commission (PIC) Shahindha Ismail said the commission would only be investigating the legality of police actions before and after February 7.

“Although the question of a coup has been raised, the PIC does not have the mandate to investigate such a claim. We are investigating police actions before and after February 7—whether they were lawful or unlawful,” she said. The PIC can only address the question of police mutiny once investigations are complete, she added.

Further, the PIC can only investigate the police role, but not that of the military. “There is no oversight body of the military except for the parliament,” she said.

Police Commissioner Abdulla Riyaz previously told local media the police would not be conducting an internal investigation of police conduct during transfer of power, citing concern of investigation “overlap” on the issue between the HRCM and the PIC.

Prosecutor General’s Office

Deputy PG Hussein Shameem said the Prosecutor General was not an investigative body, but could order an investigation if an investigation is not taking place.

“We have not ordered an investigation because we have been informed such an investigation is ongoing,” Shameem said referring to the CNI’s work.

Article 223 (d) of the constitution gives the PG the authority to oversee the legality of preliminary inquiries and investigations into alleged criminal activity. However, with the CNI stating it will not conduct a criminal investigation, the PG office’s role in the CNI inquiry is now unclear.

Maldives Media Council

Minivan News asked the Maldives Media Council (MMC) whether it was investigating the police and military takeover of the Maldives National Broadcasting Corporation (MNBC) on February 7. Video footage shows some kind of firearm or explosive being used to enter the courtyard, and MNBC staff alleged the police and military intimidated them, and forced some journalists to go home before rebranding the station to its former title under Maumoon Abdul Gayoom.

The 15 member MMC is mandated by law to establish and preserve the freedom of media.

MMC President Mohamed Nazeef said the council was not an investigative body, and was waiting on other institutions to complete investigations.

“We are waiting since other institutions, such as the HRCM are investigating this matter. We do not want an overlap. We are not an investigative body and we cannot conduct an in-depth criminal investigation. We can only recommend matters of concern to the police. But if no one is investigating the issue, we will address it,” he said.

“MNBC was state media, controlled and protected by the government. Our concern and focus was more on the media personnel and private independent media organisations,” Nazeef added.

The Anti-Corruption Commission

The Anti-corruption Commission (ACC) said that although the MDP alleged elements of the police and the Maldives National Defense Forces (MNDF) were bribed to revolt against Nasheed, the commission could not investigate the entire military and police force.

“There are allegations that the police and military took bribes during the transfer of power. But there are approximately 5000 police officers. We cannot investigate the entire police force. We would need to conduct a forensic investigation, check their bank accounts and the bank accounts of relatives. But no one, even on a podium, has said with certainty the individual who took bribes. They say all police officers took bribes. I would like whoever is accusing the police to give us more details,” ACC President Hassan Luthfee said.

He also said there had only been two cases submitted regarding the transfer of power. One of them concerned a complaint that MDP demonstrators who laid money at police feet were actually bribing the police. The MDP were protesting against alleged police bribery.

The CNI

The CNI has now asked for witness statements and asked the public to upload statements and videos on their website if witnesses were uncomfortable giving statements in person.

The CNI has collected statements from all political parties except the MDP. But the MDP has refused to cooperate with the committee.

“We do not recognise the CNI. How can the people who instigated a coup investigate the coup? There is no validity in the process. How can we give any weight to it?” Gafoor told Minivan News.

The MDP has raised concerns over the committee’s composition. The CNI is chaired by former President Maumoon Abdul Gayoom’s Defence Minister Ismail Shafeeu. The MDP has also called for strong international presence on the commission.

The EU, Commonwealth, India, UK and the US have called for an impartial investigation.

Dr Waheed Hassan told local television station Villa TV (VTV) he would resign and reinstate ousted President Nasheed if the CNI established the February 7 transfer of power to be illegitimate.

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Protesters throw money, taunt police amid growing civil unrest

A protest against the arrest of Addu Atoll MP Mohamed ‘Mode’ Rasheed morphed into a face-off between civilians and police forces, who were mocked as the corrupt servants of Maamingili MP and opposition Jumhoree Party (JP) leader Gasim Ibrahim and taunted by several hundred young men between Parliament and Sosun Magu on Sunday night.

“We are protesting this bad government, with these police, they hit head and they hit cock, ask them! They are coming drunk! We are saying this is not our police,” said one elderly man at the protest.

Another man jested, “You can buy one! Ten rufiya, one policeman!” as protesters chanted, “Lari Lari! Yes sir!” and “Villa police!”, a reference to Gasim’s lucrative Villa Hotels chain.

In a creative turn of events the young, mostly male gathering of “not MDP [Maldivian Democratic Party], just civilians” threw coins and cash, including valuable US dollars, at the approximately 10 police who had formed a human blockade with riot shields after pushing protesters away from parliament at around 8:30pm.

Dancing and chanting, the crowd asked people to make contributions while encouraging foreign media to take pictures of their antics. The police refused the bait for approximately 20 minutes before charging the crowd and pushing them towards busy Sosun Magu as civilians watched from nearby cafes and homes.

The baiting continued with protesters alternately insulting and running from the police until approximately 1:00am, when protesters were dispersed throughout Male.

Police officials report no arrests were made, however one officer in basic uniform was struck in the face with a stone outside of the MDP office while riding his bike on Sosun Magu at approximately 11:30pm. He is being treated at ADK hospital, police report.

It appears injuries were also sustained by demonstrators. One eyewitness reports crossing paths with a man near Parliament after 1:00am whose eyes were red and who was holding his head in pain. He claims he was walking along the street when police stopped and pepper sprayed him.

Police Sub-Inspector Ahmed Shiyam said the protesters’ implications of corruption and abuse were baseless: “As you know if there are any allegations there’s the Police Integrity Commission, if there are any concerns of human rights violations there is the Human Rights Commission. We are sure there is nothing like that happening here at the moment,” he said.

A police officer who spoke on condition of anonymity said, “not all police officers have taken money. Now everybody is being labelled. Those who are innocent should be cleared by holding those responsible accountable for their actions.”

Cloud of Doubt

Police are currently under scrutiny across the country. On Tuesday, February 7 a rogue faction assisted with the takeover of Maldives National Broadcasting Corporation (MNBC) and attacked an office of Maldives National Defense Force (MNDF) on Male’. At 1:00pm that day, former president Mohamed Nasheed resigned under conditions he later described as a “coup d’état.”

Since Tuesday, reports of police and military brutality against civilians and politicians who support Nasheed’s party (MDP) have spread from the Maldives’ southernmost atolls up to Male.

Following riots which left all police facilities, court houses and the prosecutor general’s office in ashes last Wednesday, Addu citizens report that police and military forces have teamed up with supporters of opposition Dhivehi Rayyithunge Party (DRP) and Progressive Party of Maldives (PPM) in a witch hunt for MDP supporters. Opposition members claim the police have merely asked the public to assist in the arrest of those responsible for Wednesday night’s destruction, while police in Addu flatly deny any wrongdoing.

In a previous article Minivan News spoke with citizens on Addu who claim to have been beaten after police facilities were destroyed on Wednesday night; several said members of their family remain in detention without charges.

While public and police accounts fail to match up, one rumor could hold water: “Some police uniforms, shield and batons were stolen during the fires, and we’ve received reports that people who the community confirms are not policemen are going around in those outfits,” said Superintendent Yoosuf Sobah of Addu City Police, suggesting that any beatings may only appear to be done by police. Some Addu City citizens confirmed the report.

Sobah added that misinformation bolstered Wednesday’s riots. “Raajje TV reported that two MDP members had been killed in Male’, and that triggered a huge sentiment within the demonstrators,” he said.

“A clear attack on the justice system”

While Sobah recognises the emotional factor of Wednesday’s fires, he said the destruction of all police and court house documents related to ongoing cases, which were not backed up in a central database, made it “clear that this was an attack on the justice system.”

Explaining the logistics of the Wednesday night’s operation, Sobah said Addu’s roughly 70 officers, spread over four islands, had been outnumbered by the hundreds who turned out after reports of a brutal police crackdown on a MDP march in Male’ reached the islands.

Sobah added that police are currently hamstrung in their posts. “We don’t have computers, records, facilities, so processing paperwork has been difficult.”

While paperwork is a challenge, police appear undeterred in making arrests. However, the lack of infrastructure raises the question of how evidence is being collected.

Some citizens who claimed to have been beaten and detained said they were told they would be taken again if evidence against them was found on CCTV. Sobah stated that there are no CCTV records, and explained that evidence against those who have been arrested since Wednesday is taken from “mobile phone videos, eyewitness accounts, and the people who we know were causing the violence.”

Three Addu City councilors and one MP have been arrested. When asked how the evidence against those individuals was acquired, Sobah did not provide specifics, stating only that all 80 arrests in Addu have been evidence based, and made with only the minimum force necessary.

“Some people we’ve arrested are hardened criminals, many are under sentence and in rehabilitation programs. Those have given us a lot of resistance. But many are cooperating, coming in, giving their accounts. We are releasing those without evidence,” he added.

Meanwhile, Al Jazeera has released a report with footage of the 74 individuals who are still in detention in Gan’s semi-destroyed police station. The report shows the bruised legs of men who claim they’ve been tortured; several individuals interviewed by Minivan News reported being forced to kneel on the ground, which was coated in broken glass and debris, and being doused in petrol and threatened with burning.

Sobah and Superintendent Abdulla Navaz, Head of Investigations in Serious and Organised Crime Department in Male, both said, “We have invited the Human Rights Commission of Maldives (HRCM) and the Police Integrity Commission (PIC) to come and see what we are doing. If they believe we have mistreated people, then they will take the necessary action.”

Sobah added that he hopes to find an alternative detention center, or perhaps to  release detainees to house arrest in the coming days.

Testy police, tense public

The attack has created a sharp divide between the people and the police. Many are cautious about driving into Gan, where individuals are asked to provide identification at a military checkpoint. One young man was nervous when he realised he was carrying MDP registration papers in his motorbike.

While the public is nervous, the police are frustrated. Without clothes, computers or beds, but still on-duty, police on Gan report spending the first few nights on the causeway outside the burned station.

“It’s a very emotional time,” Sobah said. “A bunch of guys aren’t from Addu, and all they had here, their memories, are gone.”

Minivan News asked if the personal damage was fueling revenge attacks. “I understand this is an emotional time, but we’ve instructed them very carefully to prosecute people within the law. They’re trained police officers,” Sobah claimed.

Superintendent Navaz later suggested that the situation in Male’ has exhausted and destablised security forces. “Since January 16 we have been engaged in so many protests. At the time we couldn’t think of anything else except suppress, tackle and neutralise the protests. We are hopeful everything will be better. I can’t say it will be normal in any period of time, but it will happen with the passage of time. Now, we are getting different news, we don’t know what will happen any day. We should be ready for anything.”

Policing north to south

“For police, I think this is just as big as the tsunami.”

Noting that the council and police had joint plans to “bring policing in Addu up to Male’ levels,” he observed “this has set us back to 2004, not just Addu police but the whole police service.”

Meanwhile, the Male’ standard itself is on faltering, according to both police and public.

Police Commissioner Abdulla Riyaz yesterday stated that, “The police face big political challenges. In the face of those challenges it is very important that we regain the public’s confidence.”

Riyaz, whose appointment last week has been questioned as the law requires the police commissioner to come from a senior rank in the force, rather than a civilian – Riyaz was previously dismissed by Nasheed’s government – assured the police he would never issue an unlawful or illegal order.

Although policemen are instructed not to speak to the media, one spoke to Minivan News on condition of anonymity. “The public no longer trusts the police institution. We are receiving verbal attacks on the street and during protests,” he confided.

Sub-Inspector Shiyam denied receiving complaints from the public, and said the police forces are only being harassed at MDP gatherings.

While police are struggling to maintain unity and save face, they continue to deny the allegations of mistreatment which are piling up against them.

A report by MDP’s Parliamentary Group today provided pictures and statistics regarding attacks on MPs since February 7. According to the report, two MPs have been hospitalised due to beatings by police while Mariya Didi was twice targeted and beaten around her eyes. A total of 10 MPs are listed and photographed in the report.

Former Defense Minister Ahmed Faisal yesterday compared the Maldives’ current trajectory to Pakistan and Fiji. “I very much have the fear that the Maldives will turn into another Pakistan. Money has been paid to the police. The public has lost their trust and faith in the very people who are meant to protect them. How can they trust anyone, if with money they can make the police do this.”

A mother in Addu tells Minivan News how her sons were taken by police

Transcript:

The [children] came outside after having lunch and were playing here. My sister Aminath’s kid and a kid from a southern island was there too. While they were playing, the police barged in from that side [pointing to a direction behind her] and I don’t know exactly how many of them there were. I think there must be three to four hundred. I came out running when the police had entered our house and I said. ‘what happened. What happened. None of the kids here have gone out anywhere [during the protests]’.

Then someone grabbed the collar of one boy’s shirt and dragged him along with the other three boys out of the house and threw all of them into the police jeep.

I didn’t know what was happening to me and I have never seen such a thing in my life. I ran after them calling not to take them away. There were a lot of people. I ran after the police jeep when it took off. While I was chasing the jeep, someone stopped me and asked what happened. I said they have taken my boys.

I haven’t heard from the boys after they were taken into custody. The first day we kept calling [the police station] but they were not answering our calls. We kept repeatedly calling and they answered the call finally and I told them that we want to meet our kids. They replied that we can’t meet the boys today but we can on the next day.

We called them the following day and they were again not responding to our calls. But later they answered and said that now we cant meet the boys.

That night they [police] called us and told us to bring in some clothing for the boys, and look, they didn’t even give them clothing while they were arrested up until that night [woman starts crying].

Last night I couldn’t even sleep. Three out of the four boys were not wearing shirts when the police took them and they grabbed the collar of the one who was wearing a shirt.

I went to Gan [a ward of Addu city] on the bus to meet the police there and told them that I want to meet the boys. They simply handed me a form to fill in.

I haven’t seen police patrolling around here much after the arrest.

[Lady sitting in the joalifathi] I have seen them. When I went out to the shop there were police patrolling.

I hear from different people that the police were beating my boys to death. People who were released after the arrest say that the police had beaten them up. Even yesterday I met someone who was released and he said the names of the boys and said that the police were beating them.

Their ages were, the eldest was 27, two of them were 23 and the youngest was 21.

The opposition supporters must have directed the police to our house, otherwise why would they barge in like that . they came this way [pointing to her right]. Had they came from that way [pointing left] the boys would have been able to see them but they came the other way round.

[Man speaking] the boys don’t even live here, they come here on vacation and they all work in Male’. They work in government offices and resorts and yesterday they were supposed to leave back to work but now all of that is gone.

[When asked who were more dangerous, the police or the military or the opposition supporters]: from what we see everyone is equal and dangerous.

Mariyam Manike: If our kids are taken to custody, we have to know why they are being taken and the boys don’t even roam around the streets and they all stay at home.

Hassan Manik: the opposition supporters have some kind of a list which they think includes the people that has to be arrested [nasheed supporters] and they tell the police about the list and the police come to the houses of the people that were on the list and look for them.

Mariyam Manike: The whole street was flooded with people.

Hassan Manik: I was not even home. I was away on fishing.

Mariyam Manike: I have never seen such a thing ever in my life and even when I try to sleep or try to close my eyes, I see the same events again and again and I have not been able to sleep. [starts crying]

We don’t mind giving our names to the press, infact you should write down our names. Our kids were taken to custody without any charges and they didn’t do anything at all.

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PIC asks police to “stay within guidelines” when handling protest

The Police Integrity Commission (PIC) has asked the police “not to be biased” in handling the separate protests to be held this Friday by the ruling Maldivian Democratic Party (MDP) and religious organisations and opposition parties.

The PIC statement reminded the police that they are required under law to protect every Maldivian citizen and their property, while maintaining peace and harmony.

“Therefore, the commission reminds the police of its responsibilities in monitoring the protests to be held on December 23 and asks not to be biased in upholding the Maldives constitution and the laws,” the statement read.

Police Sub-Inspector Ahmed Shiyam said “police are closely monitoring everything related to the protests and will manage the events as necessary. Police will act according to the situation.”

Minivan News observed that the PIC is mandated to investigate complaints regarding the police. However, it was unable to clarify if the body was mandated to issue cautions and requests in advance of an event.

Shiyam said the police did not feel obligated to comply with PIC advance directives. “No, the statement has not altered our operations,” he said.

The commission has also urged protest organisers to preserve the social harmony in the country and protect each others’ rights.

A relatively new independent organisation, the PIC lately reported an increase in public awareness of its services.

Speaking to Minivan News at UNDP’s “Did You Know?” event on November 26, PIC member Dr Hala Hameed said, “We are getting more reports of police misconduct than previously.”

Hameed stressed that the PIC supports the police as well as the community. “We are here to empower the police and ensure that they have the appropriate resources to do their work, as well as oversee their operations.” She explained that the public believed independent bodies were likely to be effective.

The PIC has been involved in the build-up to the protests since November when the Islamic Ministry deemed the Addu SAARC monuments unconstitutional.

Two days prior to the UNDP event religious NGO Jamiyyathul Salaf sent a letter to the PIC demanding it investigate and take action against police for protecting the ‘idolatrous’ SAARC monuments in Addu, which it considered unconstitutional.

A police spokesperson subsequently said police were not protecting any “idols”.

“Those were properties of other nations and police are legally obliged to protect people’s property,’’ he said.

Religious organisations including Adhaalath party are gearing up for a protest to ‘defend Islam’ on Friday, December 23. Ruling Maldivian Democratic Party (MDP) currently plans to hold a defensive protest on the same date. Some politicians have requested that MDP step down from its protest to avoid unnecessary clashes.

PIC Director Shahinda Ismail did not respond to inquiries at time of press.

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Rights awareness a leading concern for civil services

“Most people understand the rights themselves, but not what it means to have them. In a democracy, we hope that the people will all play a role.”

Commissioner Ahmed Tholal represented the Human Rights Commission Maldives (HRCM) at yesterday’s UNDP “Did You Know?” event at the Surf Point, the second in a campaign begun last year. The event targeted awareness building on human rights and the judicial system, particularly as provided in Chapter Two of the constitution. Over a dozen groups including Police Services, the Faculty of Shari’ah Law, Employment Tribunal, Courts, and the Elections Commission offered pamphlets and demonstrations of their social purpose.

“These kinds of things people will forget unless you keep on promoting it,” said UNDP National Project Manager Naaz Aminath. “It’s not something you can just accomplish by handing out pamphlets.”

Many groups interviewed said raising awareness of civil rights and how to exercise them was their biggest challenge.

Representatives from the Supreme Court defined the court as “part of a larger enforcement of human rights in the Maldives,” which she said “are there in the constitution but people don’t know how they can exercise them, or how they can defend them.”

She noted that though many citizens are unfamiliar with case filing procedures, the court had seen a “dramatic increase” in the number of cases filed and expected the trend to continue.

Speaking of the court as a robust institution, representatives concurred that there was room for improvement. “It’s only three years old, right, and it’s still growing. You can never reach maturity, right? There’s still room for improvement in anything, anywhere.”

Across the square, Police Integrity Commission (PIC) member Dr. Hala Hameed also reported a rising case rate.

“We are getting more reports of police misconduct than previously,” she said. “People are more aware of the commission and so they are using its services more.”

Hameed stressed that the PIC supports the police as well as the community. “We are here to empower the police and ensure that they have the appropriate resources to do their work, as well as oversee their operations.”

Saying that awareness was a concern, she said the PIC’s independent status validated its operations. “People know that if there is an independent commission to oversee the police activities then it will be effective.”

While many booths provided hard information about social services, several catered to the younger generations. Kids were invited to decorate cakes and paint pictures for various causes. At Care Society, children learned sign language from a hearing impaired instructor and familiarized themselves with disability icons over a board game.

One Care Society representative said community awareness had improved in recent years, “especially since the passing of the Disability Law last year.” But community tolerance “is an issue we are working to address. “

“There is still a fair amount of people who don’t understand the nature of various disabilities and how to interact with those individuals. It’s something that needs to be corrected,” she said.

HRCM Commissioner Tholal said social reform goes deeper than a pamphlet.

Attributing misconceptions of human rights to social instability, Tholal observed that “There’s this idea that if a prisoner has rights, it’s at someone else’s expense. But human rights are not about protecting one person’s rights and not another’s.

“The idea of self-expression and human rights is still fairly new to the Maldives under the new government, so as things stabilise I think the view of human rights could improve as well.”

According to Tholal, the HRCM has been targeted by proponents of Islamic fundamentalists, but the larger Islamic community has supported the commission’s work.

“The key thing for the public to understand is that the Maldives is a 100 percent Muslim country,” he said. “The rules and regulations that this status calls for can exist within the framework of human rights. They’re not incompatible. If anyone says otherwise, they negate the mission of the HRC. The idea that human rights are compatible with Islam, and the constitution, needs to be accepted by the people.”

Tholal did not wish to comment on the UN Human Rights Commissioner’s recent critique of the constitution’s provisions for flogging and mono-religious practice.

Calling for a more concerted media effort, Tholal said media is one of the most important factors for establishing a stable human rights framework. He criticised local media outlets for endorsing only a fraction of the rights issue.

“A lot more focus is placed on civil and political rights in the media, as opposed to social, economic and basic human rights,” he said, emphasizing that women and children are significantly under-represented. “Some media outlets, whether deliberately or inadvertently, have programs which impinge on the rights of women and rights, such as the right to work. In this environment, we need to focus on what is really crucial to people–like social rights.”

Earlier this year, a UNDP study found that gender equality is an area of development in which the country is lagging behind most.

HRCM will hold a media training program later this year.

Keeping the beat

After last year’s launch, the “Did You Know?” campaign aimed to tour Male’, Vilingili, Hulhumale, and the capital islands. “We exceeded expectations and reached 80 islands in 20 atolls,” said Aminath. “But we realized that it was just not possible to reach all the islands with the small number of volunteers we had.”

Aminath said the next phase of the campaign training approximately 10 NGOs across the country to providing information on the judicial system to islanders year-round.

“There are two main obstacles: geography, and capacity,” Aminath said. “The island geography makes it difficult for people to learn of and access all parts of the judicial system. And the Maldives has many many civil society groups, but not enough people to do the work.”

A UNDP report earlier this year found that although the civil society sector is impressive in size, it lacks efficiency and organisation. Aminath said collaborating with NGOs would support both the campaign’s purpose and the NGOs’ interest in capacity building.

Aminath said islanders are often aware of their rights, but that Maldivian culture is not traditionally litigal.

“People are used to talking and solving the problems that way. Going to court is a process, and if you appeal you have to go Male’ which takes time and money. There needs to be someone in the islands telling people how they can proceed with a complaint,” she said.

Plans to develop a mobile high court are indefinite.

This year’s event was widely attended by families and youth who enjoyed the activities, free candy, and social milling. Most booths were hosted either fully or in part by young people eagerly offering pamphlets.

Aminath said the UN strives to involve youth in most activities, and that they are the backbone to the “Did You Know?” campaign.

“Most of my volunteers are ages 19 to 30, and they’re an excellent group. They came on all 80 island trips this year. They also represent a real cross section of civil service, coming from the courts, the prosecutor general’s office, the police and other parts of society,” she said. “I couldn’t do these kinds of events without their support.”

At UNDP’s Democracy Day ceremony earlier this year, a study observed that youth in civil society were widely recognised as a key factor for democratic growth in the Maldives. Currently, youth ages 18 to 25 comprise nearly half of the country’s population.

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Salaf asks PIC to take action against police for protecting ‘idols’

Religious NGO Jamiyyathul Salaf has sent a letter to the Police Integrity Commission (PIC) demanding it investigate and take action against police for protecting the ‘idolatrous’ SAARC monuments in Addu.

In its letter, Jamiyyathul Salaf noted that Islamic Minister Dr Abdul Majeed Abdul Bari had declared that the SAARC monuments kept in Addu were un-Islamic and unconstitutional.

Salaf said that after the Islamic Minister publicly revealed his stand on the issue, police had worked to protect the monuments and said that it showed that police “have no respect for the laws.”

Salaf claimed that some police officers had refused to go out and protect the monuments, and that those police officers were threatened and forced to protect the monuments.

In the letter Salaf also said that the police were aware that the idolatrous monuments were banned in the Maldives by more than one article of the law.

A police spokesperson today told Minivan News that police were not protecting any “idols” but was active in some parts of Addu to control possible unrest.

‘’Those were properties of other nations and police are legally obliged to protect people’s property,’’ he said.

When the SAARC Summit was held in Addu, each member state left a symbol of their nation in Addu City. Some of the monuments were determined by religious groups and the Islamic Minister as un-Islamic.

The monument from Pakistan representing the Indus Valley Civilization and Sri Lankan monument representing its nation’s lion were attacked. Some parts of the Pakistan monument were stolen and later replaced.

Opposition Adhaalath Party and Progressive Party of the Maldives [PPM] heavily criticized the government for keeping the monuments in Addu and claimed that the monuments cannot be kept in the Maldives according to the laws.

PPM Council members recently reported the Maldives Customs Department to police for allowing the monuments to be imported to the country.

The Islamic Minister recently asked the President’s Office and other institutions to remove the monuments.

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Former Deputy Police Commissioner denies PIC allegations

Former Deputy Commissioner of Police Mohamed Rishwan has denied findings of a Police Integrity Commission (PIC) investigation that he ordered police officers to forcibly cut the hair of several persons that were arrested during a special operation, conducted in July last year when he was in police force.

In a press statement issued to the media, Rishwan said that he had never committed a criminal offence during his time as Deputy Commissioner, and that he had only sought to be accountable for the actions of police as he was in charge of the operations conducted across the country.

Rishwan said he had served the nation for 18 years and that he had a right to defend his status and protect his reputation.

Rishwan denied giving the order to cut the hair of the detained suspects and insisted that he had cooperated with the investigation into the incident after he had learned of it.

The PIC launched an investigation into allegations made by several persons that were arrested during the special operation that they were mistreated and their hair was forcibly cut without their consent.

After the investigation, the commission publicised the investigation report which said that Rishwan was the person bearing responsibility for the action, as he had confessed to the PIC that he gave orders to cut the hair of arrested persons.

The PIC also alleged that Rishwan had violated the Police Act and said that the case had now been sent to the Prosecutor General to press criminal charges against Rishwan.

Rishwan resigned from his position in July this year. Speaking to local media about the decision at the time, Rishwan said his resignation was based solely on wanting to spend more time with his family.

Back in February, Rishwan was reported to have been temporarily suspended from his duties after allegedly failing to follow orders regarding a dispute over taking control of the Thulusdhoo Atoll Council’s office without a court warrant.

In July last year, police and the Maldives National Defense Force (MNDF) arrested almost 60 people, including children, in a joint special operation launched to curb the rise in gang violence.

Many arrested at the time claimed that their mobile phones and personal belongings were confiscated and not returned when they were released.

Almost everyone arrested in the operation was released without any charges.

A number of those arrested claimed they were mistreated and abused in custody, including being forced to remove their clothes, blindfolded and beaten.

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