Tag: police brutality

MP’s police brutality hearing cancelled due to defendant’s absence

No additional reporting by missing journalist Ahmed Rilwan

Today’s hearing into the alleged assault of Mahchangolhi Uthuru MP Mariya Didi has been cancelled after the defendant’s failure to attend court.

Police officer Ibrahim Faisal is accused of assaulting the Maldivian Democratic Party (MDP) MP during the demonstration held on February 8, 2012, following the controversial change of power on February 7.

The MDP maintains the transfer of power to was an illegal, with the resignation of former President Nasheed having come under duress.

The hearing was cancelled today (October 12) when the accused failed to attend despite having received a summons sent to police headquarters.

The Criminal Court has rescheduled the hearing to be held on October 19. Mariya Didi confirmed to Minivan News that she has received summons from the Criminal Court to be present at the newly scheduled hearing.

Faisal has previously denied the charges against him, although another police officer has given a witness statement supporting the assault claims against Faisal.

Following the cancellation of today’s hearing, Mariya Didi held a press conference during which she expressed concern that the accused is allowed to continue working without suspension despite the serious charges lodged against him.

She said that she was worried about her safety after having appeared in court to testify against the officer.

“The man that the prosecutor general is prosecuting with evidence still remains in his position at work. And as I saw on that day, it was not just one individual police officer who assaulted me,” Mariya told the press.

“On both February 7 and 8 they attacked me as a group. Based on this, I am worried about the fact that he [Faisal] gets to stay on in his job,” she added.

Previous investigations into the events of February 8 by the Human Rights Commission of Maldives stated that the police crackdown of MDP supporters marching on February 8 was “brutal” and “without prior warning”.

An HRCM team visiting the MP while in detention after the February 8 march observed “bruises all over [Mariya’s] body and her eyes bloodied and swollen”.

In its concluding observations, the commission concluded that police officers “acted very harshly” towards the politicians “in ways that could cause physical and psychological harm” despite their having been no resistance on the part of the politicians.

Amnesty International also documented the assaults on both Mariya and fellow MDP MP Eva Abdulla in its September 2012 report titled, ‘The Other side of Paradise: A Human Rights Crisis in the Maldives’.

The Criminal Court is also separately looking into a case of alleged brutality on MP ‘Reeko’ Moosa Manik by police officer Mohamed Waheed of RosyVilla in Gaafu Dhaalu Atoll Thinadhoo.

In 2013, Amnesty released a statement saying that failure to prosecute police officers accused of human rights abuses and serious failings in the justice system entrenched impunity.

Commonwealth-backed Commission of National Inquiry – established by then President Mohamed Waheed to investigate the transfer of power – had taken note of “allegations of police brutality and acts of intimidation”, calling for “investigations to proceed and to be brought to public knowledge with perpetrators held to account”.

Speaking in parliament on August 6, Attorney General Mohamed Anil stated that five cases involving four police officers accused of committing acts of brutality in February 2012 were ongoing at the Criminal Court.

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“Police did not beat them enough,” says Majlis majority leader Ahmed Nihan

Ruling Progressive Party Maldives’ (PPM) parliamentary group leader Ahmed Nihan has defended police brutality during a People’s Majlis debate today, accusing opposition MPs of putting up an act using tomato sauce to pretend police beat them up.

“Honorable Speaker, police did not beat them enough. Those who say they were brutalised, came to Majlis the next day in good health with makeup on. Their health is better than before. How can anyone who was brutalised get up on their two feet and speak on this Majlis floor [the next day]?” he said.

“They say they were brutalised, bloodied, and put on a drama on hospital beds, smear themselves with tomato sauce, and take photos and the next day they speak perfectly well at this Majlis and go off.”

Nihan appeared to be referring to police officers brutalizing several opposition MPs during a demonstration following the controversial ouster of former President Mohamed Nasheed.

On February 8, MPs including MPs Mariya Ahmed Didi, Reeko ‘Moosa’ Manik, Eva Abdulla and former MP Mohamed ‘Bonda’ Rasheed were severely beaten.

Nihan’s comments came during a debate on revising clauses in the 2008 Police Act that state the police must forward criminal cases to the Attorney General (AG) for prosecution.

The amendments – accepted by the Majlis today – propose placing prosecutor general (PG) instead of AG in clauses relating to prosecution, as the Constitution of 2008 states only the PG can press charges on behalf of the state.

Nihan said opposition MPs had politicised the issue by digressing from the debate and focusing on police brutality.

Death of officers

Nihan also suggested the deaths of police officers, Adam Haleem on Kaafu Atoll Kaashidhoo Island in 2012 and Misbah Abdulla in Malé in 2013 were linked to opposition’s defaming of the Maldives Police Service.

Referring to Haleem’s murder, Nihan said: “This is the result of a specific people protesting and calling for attacks on Maldivian police and soldiers during that week and weeks before that.”

Haleem was stabbed to death in July 2012 and several government officials including current Vice President Dr Mohamed Jameel Ahmed blamed the MDP for the death. The MDP said the government was politicising the death for political gain.

Abdulla was killed in an accident after a speeding motorcycle hit him while he was manning a vehicle checkpoint.

“In every event, in every discussion, [they say police] are brutal, arresting – were you arrested when you were prostrating [in prayer]?” Nihan said.

“Harassing police is harassing us, playing with our arteries, our blood,” he continued.

Police Brutality

On August 6, AG Mohamed Anil told parliament five February 8 brutality cases involving four police officers are ongoing at the Criminal Court.

At minister’s question time, MP Eva Abdulla asked how far investigations into police brutality – as recommended by the 2012 Commission of National Inquiry’s (CoNI) – had progressed.

“With respect to the administration of justice, in particular concerning allegations of police brutality and acts of intimidation, there is an urgent need for investigations to proceed and to be brought to public knowledge with perpetrators held to account and appropriately sanctioned,” read the second recommendation of the report.

While it concluded that the transfer of presidential power was constitutional, CoNI had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers. However, only one officer was sacked, Anil said.

February 8

Thousands of MDP supporters took to the streets of Malé on February 8, 2012, in a protest march after former President Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the Human Rights Commission of Maldives (HRCM) concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

The HRCM recommended the PIC investigate the “disproportionate” use of force that left dozens of demonstrators injured and hospitalised.

In May 2013, the PG’s Office pressed charges against two police officers accused of assaulting MDP MPs ‘Reeko’ Moosa Manik and Mariya Ahmed Didi during the violent crackdown.

Amnesty International meanwhile warned that failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity”.

In June 2013, former PIC member Hala Hameed told parliament’s government oversight committee that the cases involving the six police officers were “not disciplinary issues, but crimes,” expressing concern with the home minister’s refusal to suspend the officers.

Moreover, former PIC Chair Shahinda Ismail told Minivan News in September 2012 that a staff sergeant caught on tape kicking a fallen demonstrator “was promoted after this incident.”

In February this year, Shahinda told Minivan News that detainees arrested in Addu City on February 9 were “forced to walk on smoldering coals”.

According to the HRCM report, 32 people filed complaints concerning varying degrees of injuries sustained in the crackdown, while 20 people submitted medical documents of their treatment of injuries.

Two fingers on the left hand of one demonstrator were crushed, the report noted.

Al Jazeera filmed parts of the crackdown, reporting that “police and military charged, beating demonstrators as they ran – women, the elderly, [with] dozens left nursing their wounds”. The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

In a report in May 2013, the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul warned that there could be more instability and unrest unless serious human rights violations of Maldives’ authoritarian past are addressed.

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Five police brutality cases from February 2012 ongoing at court, AG tells Majlis

Five cases involving four police officers accused of committing acts of brutality in February 2012 are ongoing at the Criminal Court, Attorney General Mohamed Anil informed parliament today.

At minister’s question time, opposition Maldivian Democratic Party (MDP) MP Eva Abdulla asked how far investigations into police brutality – as recommended by the 2012 Commission of National Inquiry’s (CoNI) – had progressed.

“With respect to the administration of justice, in particular concerning allegations of police brutality and acts of intimidation, there is an urgent need for investigations to proceed and to be brought to public knowledge with perpetrators held to account and appropriately sanctioned,” read the second recommendation of the report.

While it concluded that the transfer of presidential power was constitutional, CoNI had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers.

After the ministry instructed police to take disciplinary action against the officers, the police disciplinary board investigated the cases and sacked one officer.

However, the disciplinary board decided there was insufficient evidence to prove wrongdoing by the other five officers and decided not to dismiss them pending the outcome of a trial.

Four of the accused officers were nonetheless removed from “front line” duty and transferred to different departments, noted the attorney general.

The PIC had also submitted cases involving six police officers to the Prosecutor General’s (PG) Office to press assault charges, he continued.

Of the cases filed at the Criminal Court by the PG’s Office, Anil said one case had been concluded and has since been appealed at the High Court.

Moreover, he added, cases involving three other officers were sent back to the PIC due to incomplete information with instructions for resubmission.

The PG’s Office also decided not to prosecute three police officers accused of obeying “unlawful orders,” Anil noted.

Of the 45 cases investigated by the PIC, the attorney general explained that the commission decided there was no evidence concerning 14 complaints, while there was insufficient evidence to identify the officers responsible for 11 acts of brutality.

The remaining cases involved procedural violations, he added, concerning which the PIC recommended strengthening institutional mechanisms.

Following the recommendation to the home ministry, Anil said efforts were undertaken to familiarise police officers with laws and regulations as well as to strengthen ethical training, while further courses were formulated and conducted.

Police brutality

On February 8, 2012, thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the Human Rights Commission of Maldives (HRCM) concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

The HRCM recommended investigations by the PIC into the “disproportionate” use of force that left dozens of demonstrators injured and hospitalised.

In May 2013, the PG’s Office pressed charges against two police officers accused of assaulting MDP MPs ‘Reeko’ Moosa Manik and Mariya Ahmed Didi during the violent crackdown.

Amnesty International meanwhile warned that failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity”.

In June 2013, former PIC member Hala Hameed told parliament’s government oversight committee that the cases involving the six police officers were “not disciplinary issues, but crimes,” expressing concern with the home minister’s refusal to suspend the officers.

Moreover, former PIC Chair Shahinda Ismail told Minivan News in September 2012 that a staff sergeant caught on tape kicking a fallen demonstrator “was promoted after this incident.”

In February this year, Shahinda told Minivan News that detainees arrested in Addu City on February 9 were “forced to walk on smoldering coals”.

According to the HRCM report, 32 people filed complaints concerning varying degrees of injuries sustained in the crackdown, while 20 people submitted medical documents of their treatment of injuries.

Two fingers on the left hand of one demonstrator were crushed, the report noted.

Al Jazeera filmed parts of the crackdown, reporting that “police and military charged, beating demonstrators as they ran – women, the elderly, [with] dozens left nursing their wounds”. The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

In a report in May 2013, the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul warned that there could be more instability and unrest unless serious human rights violations of Maldives’ authoritarian past are addressed.

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Amnesty International urges Maldives to investigate brutality at Anbaraa

Amnesty International has urged the Maldives to investigate allegations of police brutality during a raid on a music festival on Anbaraa Island in April.

Although police claimed they carried out the raid on suspicion of drug abuse, their actions on Anbaraa seems to have been focused on stopping the festival and forcing women to cover themselves up, said Amnesty.

The organisation highlighted claims of unnecessary force, arbitrary arrest of 79 festival goers on alleged possession and use of drugs, ill treatment of detainees in police custody and denial of rights to freedom of assembly and freedom of expression.

Festival participants told Amnesty that the police manhandled many of them, verbally abused them, threw them to the ground, and forced them to lie face down.

Police also ransacked and looted their belongings, said festival-goers. Some detainees were beaten up while other suffered sexual harassment, Amnesty was told.

The Police Integrity Commission (PIC) said it has not received any requests to investigate police brutality during the festival.

Police were not responding to calls at the time of press.

Arbitrary arrest

Of the 200 festivalgoers, police only arrested 79 – including 19 women and a 17-year-old girl. The rest were set free.

It was only in remand hearings that the detainees learned they had been taken into custody for the possession and use of drugs.

Contrary to police statements that all detainees had tested positive for drugs at the time of arrest, drug tests were only performed after the court hearings at the Dhoonidhoo detention center, Amnesty said.

“The police said they raided the Anbaraa festival because the participants were using drugs. However, the delay in carrying out drug tests, and the fact no one has been charged with any offence, raises concern that this was only a pretext.”

The raid occurred despite approval from the authorities including the Ministry of Tourism to hold the festival, Amnesty said.

“However, in the very early hours of 20 April, the police raided the island from the sea in full riot gear and masks, shot off flares and rubber bullets and rounded up festival goers,” Amnesty’s statement said.

The organisation reminded the Maldives Police Service that law enforcement officials shall “as far as possible apply nonviolent means before resorting to the use of force and firearms” as per UN basic principles number four on use of force and firearms.

Festivalgoers told Amnesty that officers beat them up when asked to explain why they were being arrested.

One participant told Amnesty that she was kicked hard in the back by a policeman for not putting her hands up when ordered to, because in a state of shock she did not know what she was supposed to do.

Police officers also used pepper spray without provocation, they said.

Sexual abuse

Female participants told Amnesty of sexual abuse and humiliation. Police officers allegedly told female detainees they would “shove their batons up them.”

Another woman recounted: “We were separated from the men and then the police draped the women, some of whom were wearing shorts and shirts, with material because they said we were not decent.”

“They also filmed us. They meant to humiliate us and refused to say why we had been arrested. We spent the night in handcuffs, with little water and no food until morning,” she continued.

Police action seems to have focused on forcing women to cover themselves up, Amnesty said.

“Although there are no laws banning music in the Maldives and Islamic dress is not mandatory, police action appears to have focused on stopping the music festival and forcing women wearing skirts and shirts to cover themselves,” the statement said.

The last of the three Maldivians in custody were transferred to house arrest on June 2. A Malaysian national is still at the Dhoonidhoo Detention Center, Amnesty said.

Amnesty International has called attention to the police’s frequent use of excessive force against demonstrators, especially in the aftermath of the controversial transfer of power in February 2012.

A previous version of this article incorrectly said five of the Anbaraa detainees are still in custody.

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State broadcaster refuses to air campaign ad depicting police brutality

The Maldives Broadcasting Corporation (MBC) has refused to air a campaign ad from opposition Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy allegedly on the grounds that it depicted police brutality.

The MDP issued a press statement today strongly condemning the move, contending that state broadcaster’s refusal was a deliberate obstruction of both Imthiyaz’s campaign and the right to free expression as well as an attempt to hide police brutality and silence voices against brutality.

The party also expressed surprise with the MBC’s decision as one of the photos featured in the campaign ad showed police pepper spraying a cameraman, noting that the Maldives has dropped in international press freedom indexes.

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Corruption, religious freedom, and judiciary biggest human rights problems in Maldives, say US report

The US State Department has described “charges of Supreme Court interference to subvert the presidential elections process,” as among the most significant human rights problems in the Maldives in its 2013 human rights report.

Also highlighted in the report were restrictions on religious freedom, and “corruption of officials in all branches of government”.

No instances of imprisonment on political grounds, unlawful deprivation of life, or disappearance were recorded, while progress was noted with regards to the passage of the anti-torture and right to information bills.

The report accused much of the judiciary of being unqualified and corrupt, and noted that its rulings during last year’s presidential elections had the effect of restricting the independence of the Elections Commission (EC).

The judiciary was described as “not independent and impartial and was subject to influence and corruption”.

It said that a number of judges were “known to base their rulings on cash rewards, and there were reports that lawyers occasionally built the cost of bribes into their fees” while the public generally distrusted the judiciary.

The report estimated that one in four judges have a criminal record, and that two carried convictions for sexual assault.

It was suggested that the outcomes of cases appear to be predetermined, such as the repeated intervention of Supreme Court in the presidential elections where the court directly accepted cases without allowing lower courts to hear them first.

The October annulment ruling and the 16-point guide to conducting elections was reported to have given both the court and political parties veto power over the EC, “curbing its independence and its ability to execute its mandate”.

The report also mentioned the alleged sex tapes of Judge Ali Hameed and his continued presence on the bench.

“Many judges, appointed for life, held only a certificate in sharia, not a law degree. Most magistrate judges could not interpret common law or sharia because they lacked adequate English or Arabic language skills,” read the report.

Police

The report noted that security officials employed practices that fell under what it regarded as ‘torture and other cruel, inhuman, or degrading treatment or punishment’.

While proper arrest procedures were found to be in place, the report noted that police did not fully implement them, particularly in dealing with protests. It was also noted that courts sometimes freed detainees “on the condition that they not participate in protests or political gatherings for a specified number of days”.

In regard to the cancelled October 19 presidential election, it was reported that “Police abdication of their responsibility prevented the elections from occurring”.

It was found that six cases of police brutality were sent to the Prosecutor General’s Office in 2013, but that five of these officers remained with the police – with one of them being promoted – and two cases later dismissed for lack of evidence.

Referring to the Police Integrity Commission (PIC), the report stated that two of three cases where police officers were alleged to have sexually harassed detainees in 2012 were also dropped for lack of evidence.

While the prisons were found to have ‘met most international standards’, it was also found that they were overcrowded.

Flogging, Rape, Domestic Violence and Sexual Harassment

The controversial case of a 15-year-old victim of sexual abuse being sentenced 100 lashes was recorded, detailing the fact that her alleged abuser received no sentence at all. The girl’s sentence was annulled by the High Court following a government appeal due to domestic and international pressure.

The penal code does not classify rape as a separate offense, the report stated, while the PG’s Office lost almost all cases of forced sexual assault due to insufficient weight was given to the testimony of the victim.

Spousal rape is not considered a crime under the law, and according to the report difficulties remain in implementing the domestic violence act due to religious beliefs.

While the Ministry of Health and Gender was said to have received just five cases of sexual harassment, the report stated that various forms of harassment were accepted as the norm in government offices. The protracted removal CSC President Mohamed Fahmy Hassan was noted in the report.

While the law stipulates sentences of up to 25 years in prison for those convicted sexual offenses against children, the report said that “if a person is legally married to a minor under sharia, however, none of the offenses specified in the legislation are considered crimes”.

In 2012, a total of 47 underage marriages were registered at the court, of which 35 involved girls and 12 involved boys.

Civil and political rights

Common to human rights reports on the Maldives, restrictions on freedom of speech and expression in order to protect Islam was noted. Media self-censorship in issues related to Islam – for fear of harassment- and in issues relating to the judiciary were detailed.

One piece of legislation criticised through out the report was the the Freedom of Peaceful Assembly Act, which was said to be restricting freedom of expression and the press along with freedom of peaceful assembly itself.

The report said this law “effectively prohibits strikes by workers in the resort sector, the country’s largest money earner”.

With regards to privacy, the report stated that standards required for court permission to monitor mails and phone conversations was very low.

Discrimination and attacks against Raajje TV, in particular the attack on Ibrahim ‘Asward’ Waheed, were mentioned. As the case of the attack against Asward continued, no arrests were made regarding the attacks against journalist Ismail Hilath Rasheed in 2011 and 2012. Hilath’s blog continues to be blocked.

The government was found to have failed to enforce applicable laws with regards to workers rights, and the report criticised established mechanisms such as the employment tribunal as “cumbersome and complicated” which violators of employment law often ignore.

“According to the Labor Relations Authority (LRA), there were four strikes. In two cases the employer refused to work with the LRA as mediator and strike participants were fired. In two others, the LRA participated by phone but strike leaders and others who persisted with the strike were terminated,” the report said.

It stated that some undocumented migrant workers were subject to forced labor in the construction and tourism sectors, while domestic workers – especially migrant female domestic workers – were sometimes trapped in forced servitude.

Without any laws on refugee or asylum status, a family of four Palestinian refugees from Syria were housed in Hulhulé island without being rehoused upon UNHCR’s request until asylum was granted for them by Sweden.

Read the full report here.

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February 9 detainees in Addu “forced to walk on smoldering coals”, says former PIC chair

Detainees arrested in Addu City after the controversial transfer of power on February 7, 2012, reported being “forced to walk on smoldering coals,” former Police Integrity Commission (PIC) chair Shahindha Ismail has said.

Police stations and courthouses were set ablaze in Addu after a brutal police crackdown on opposition Maldivian Democratic Party (MDP) protesters in Malé.

Shahindha said that a four member PIC team visited the southernmost atoll from Februay 10- 13 on the request of then Commissioner of Police Abdulla Riyaz, interviewing police officers and over 75 detainees.

“Almost everyone who was arrested said they were taken to the Gan Police station. Police officers took them through the burnt down buildings and accused them of arson. They said were pushed onto the coals and forced to walk over smoldering coals. We saw burns on various parts of their bodies. They also said they were tortured and pepper-sprayed. Some of the detainees said the police had threatened to burn them and their houses,” Shahindha told Minivan News.

Shahindha has called on the PIC to expedite investigations and expressed concern over “intentional negligence” on the part of both the PIC and People’s Majlis.

Meanwhile, police officers in Addu City said they had not received any instructions or help from their superiors, and had to sleep on the street after protesters burnt down their accommodation block along with most of their personal belongings.

“The police officers we spoke to were very traumatised and angry. They had no clothes, they were sleeping on the street. They did not even have toothbrushes, and were obviously not fit to do any policing,” she said.

In instances where a complaint is not filed at the commission, a majority of the PIC has to agree to launch an investigation. Shahindha said she had completed a report on the Addu City findings and asked the commission to investigate. But the PIC had not reached a decision on the issue when she had left the commission in October 2012.

New PIC chair Abdulla Waheed was not responding at the time of press.

“I have informed the People’s Majlis independent commission oversight committee on multiple occasions of the existence of the report. An Addu MP is on the committee. While the PIC must investigate such serious allegations, the Majlis has a responsibility to ensure the PIC does its job,” Shahindha said.

Torture

Arson in Addu City destroyed the police stations in the Hithadhoo and Gan districts, and the police accommodation block and training center in the Hithadhoo district.

On February 9, police officers arrested over 85 people from their houses, cafes and from boats on the sea. Detainees said police officers had relied on information provided by certain members of the public and had been quite arbitrary in who they arrested.

According to Shahindha, some detainees told the PIC team the police had handcuffed them and thrown them into a military truck. Afterwards, the police sat on them and beat them with batons.

With police facilities destroyed in the fire, detainees were not given access to sanitary facilities and were forced to sleep on the ground. They reported not being given the right to appoint a lawyer and said they were not brought in front of a judge to extend detention.

“In one instance, there was one man who had a medical condition and he had asked to see a doctor. He said that four police officers took him and two other men in the police van. But instead of taking them to see the doctor, the police officers drove around and parked the van in the sun,” she said.

“The detainees said their hands were cuffed to the back and that it was very hot inside the van. They said they became very thirsty in the heat. After an hour, they were taken to the burnt remains of the police station and the police officers threw ash over them. We saw remains of ash in the pocket of one of the detainees.”

An Amnesty International report in February 2012 alleged the Maldivian National Defense Forces (MNDF) attacked a group of peaceful female protesters in Addu during the unrest.

“We were left for dead”

The torching of the police buildings destroyed many police officers personal belongings including motorcycles, phone, laptops and clothes. What was not burnt was looted, officers told the PIC.

When protesters in Addu City confronted the police, they had no tear gas to control the crowd and did not have sufficient armor or shields.  They could not reach their superiors and did not receive any instructions or help, Shahindha said.

“One officer told me ‘we were left for dead there’ ”, she said.

“The PIC conducted an initial assessment on state funds. There is a report on all of these findings. The PIC must investigate and the People’s Majlis must oversee the PIC.”

“Police officers who were responsible for the torture must be investigated and prosecuted, and their superiors must be investigated for negligence and failure to provide protection to the police,” she said.

In August 2012, the Human Rights Commission of the Maldives (HRCM) recommended that the police, PIC, and MNDF should investigate the failure to contain unrest in Addu and take legal action against security service personnel who were deemed negligent or responsible for the inaction.

The police and PIC should also “immediately investigate” allegations of torture in custody and inhumane treatment of detainees from Addu City and take action against the responsible police officers, the HRCM recommended.

In addition, the commission stated that legal action should be taken against police officers who were negligent in providing medical treatment to detainees as well as against officers who “violated the dignity of private households and infringed upon the rights of residents” during the arrest of suspects from their homes.

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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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Special Operations (SO) officers stationed permanently on Thinadhoo

The Maldives Police Service (MPS) has decided to station officers of the Special Operations (SO) command on the island of Thinadhoo in Gaaf Dhaal atoll.

According to Sun Online, the SO officers will work with the Thinadhoo police station to establish “peace and security”.

On February 7, 2012, SO officers instigated a violent mutiny, assaulted government supporters, ransacked the ruling Maldivian Democratic Party (MDP) Haruge (meeting hall), staged a protest at the Republic Square demanding the resignation of then-President Mohamed Nasheed, clashed with soldiers and stormed the national broadcaster in the hours immediately preceding Nasheed’s controversial resignation.

Moreover, on February 8, 2012 SO officers brutally beat supporters of the deposed MDP during a heavy-handed crackdown of a protest march led by Nasheed, who had just declared that his resignation the previous day was made “under duress.”

Dozens of demonstrators were left injured and hospitalised in a crackdown described by the Human Rights Commission of the Maldives (HRCM) as “brutal” and “without warning.”

The crackdown sparked violence across the country, with several islands shutting down or burning police stations and courts, notably in the urban centres of Addu City, Thinadhoo and Kulhudhufushi.

In March 2012, police arrested 17 people in Thinadhoo for alleged involvement in vandalising government property and setting fire to the police station, magistrate court, atoll council office, and all police vehicles. Some 108 persons involved in the demonstration are currently facing criminal prosecution.

Nine policemen were attacked and subsequently treated at the Thinadhoo Regional Hospital, leading police to declare the island unsafe for police officers.

More recently, President Dr Mohamed Waheed’s visit to Thinadhoo earlier this month was met with hundreds of angry protesters.

Since the transfer of presidential power, SO officer have been accused of using excessive force against demonstrators by Amnesty International.

In May this year, Addu City Mayor Abdulla Sodiq told Minivan News that 50 people were arrested in advance of a visit by President Waheed, “and about 90 percent of those taken in were MDP supporters”.

Mayor Sodig explained that the city council had requested the police “provide extra strength to increase numbers to about 30 per station.”

“The special operations team [responded by] sending their ‘star force’, but they don’t have their commander here. He’s not in control of this group or operations. Instead they are directly overseen by Male’ command,” said Sodig.

“That’s the reason why we don’t want them to continue,” he declared.

Later that month, eight young detainees arrested in the Maradhoo ward of Addu City alleged physical abuse by SO officers while they were under police custody.

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