police brutality – Page 3 – Minivan News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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No action against five officers facing criminal prosecution, decides police disciplinary board

The disciplinary board of the Maldives Police Service (MPS) has decided not to take any administrative action against five officers facing criminal prosecution over police brutality in February 2012, Assistant Commissioner of Police Ali Rasheed revealed at a press briefing yesterday (June 18).

Earlier this month, the Police Integrity Commission (PIC) concluded investigations into allegations of police brutality against demonstrators of the Maldivian Democratic Party (MDP) on February 8, 2012, submitting six cases for prosecution.

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

The Home Ministry forwarded the cases to the police disciplinary board, Assistant Commissioner Rasheed explained at yesterday’s press briefing.

“The disciplinary board has reviewed the cases and made decisions concerning the six police officers involved in these cases,” he said. “[The disciplinary board] has decided to dismiss one of those officers. On the remaining five cases, as the cases are currently at the court stage, the disciplinary board has decided not to take any administrative action against them until the court cases reach a definitive conclusion.”

A media official at the Prosecutor General’s Office (PGO) confirmed to Minivan News today that trials have begun on some cases of police brutality on February 8, while state prosecutors were in the process of interviewing witnesses in the other cases.

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

Following an investigation into the violence on February 8, the Human Rights Commission of Maldives (HRCM) concluded that the heavy-handed police crackdown on the MDP walk across Male’ 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.

Moreover, the Commonwealth-backed Commission of National Inquiry (CoNI) – which controversially concluded that the transfer of presidential power on February 7 was constitutional – also recommended prompt investigations of police brutality.

“There were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities,” the report stated.

In May 2013 – one year and four months after the incidents – the PGO pressed charges against two police officers accused of assaulting MDP MPs ‘Reeko’ Moosa Manik and Mariya Ahmed Didi during the violent crackdown on February 8.

MDP Chairperson ‘Reeko’ Moosa was flown overseas for treatment of severe injuries sustained during the assault. The two MPs were dragged out by SO officers while they were hiding in a shop with former President Nasheed.

Nasheed was briefly taken under police custody before being released back into the crowd.

Videos also emerged on social media appearing to show SO officers brutally beating MDP MP Ibrahim Rasheed ‘Bonda.’

Impunity

According to a status update by the PIC on June 6, the commission investigated 29 cases of police brutality before forwarding six cases for prosecution.

PIC Vice Chair Haala Hameed told parliament’s Government Oversight Committee on June 4 that the commission had urged then-Home Minister Mohamed Jameel to suspend the accused officers immediately.

However, Hameed said that the request was not adhered to and at least one of the accused officers was promoted.

Hameed said the commission had failed to identify the police officers in five of the remaining cases while 11 other cases lacked supporting evidence.

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

Former PIC Chair Shahinda Ismail – who resigned citing failure to hold police accountable for human rights violations – explained to Minivan News in September 2012 that article 44 of the Police Act allows the home minister to ignore PIC recommendations if the commission is informed in writing.

Shahinda referred to a case involving Staff Sergeant Ali Ahmed, who was caught on tape kicking a demonstrator while he was on the ground.

The case was sent for prosecution while the PIC recommended administrative action against the staff sergeant to the Home Minister.

“I know for a fact he is still a policeman and was promoted after this incident,” Shahinda said at the time.

“It is really upsetting – a huge concern – for me that the police leadership is showing a trend where unlawful officers are acting with impunity. This can only lead to further violence,” she added.

Meanwhile, in May this year, the MDP accused the government of fast-tracking 117 “politically-motivated” cases involving its supporters charged with terrorism and obstruction of police duty.

“Why doesn’t the government take action against those police officers when there is clear evidence of police brutality? None of the police officers have been investigated or prosecuted in line with the CoNI,” said MDP MP Imthiyaz Fahmy, who was himself arrested on February 8.

February 8 crackdown

While riot police and soldiers baton-charged the front line of protestors on February 8, Minivan News observed SO officers charging the crowd from a narrow alley leading to the Maldives Monetary Authority (MMA) area.

The SO police officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.

Al Jazeera news filmed parts of the attack from the rear and reported that on February 8 “police and military charged, beating demonstrators as they ran – women, the elderly, [with] dozens left nursing their wounds.”

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

Among the injuries caused by the police baton charge, the HRCM report noted that several people were bruised and battered, one person fractured a bone in his leg, one person was left with a broken arm and six people sustained head wounds.

Two fingers on the left hand of one demonstrator were crushed, the report noted, and the victim had to undergo treatment at the operating theatre.

Moreover, the HRCM report into the events of February 6 and 7 revealed that 43 people were treated for injuries at the Indira Gandhi Memorial Hospital (IGMH), while 28 people were treated at the ADK private hospital.

On February 8, Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area of IGMH.

One young woman who went to IGMH with her sister was being treated for a head wound. The gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.

“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.

The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

“People scattered as officers sprinted towards them silhouetted against the lights of passing traffic,” the BBC’s Andrew North reported from Male’.

“Inside the hospital, dozens of Mr Nasheed’s supporters are still being treated for injuries, following earlier scuffles in the main square. Among them is Reeko Moosa Maniku, chairman of Mr Nasheed’s Maldives Democratic Party – who was with the former president when the clashes broke out. With a large head bandage and his shirt bloodied, he regained consciousness as we arrived. The police said they would kill me, he told us, as they beat me. Another MP was still unconscious in another ward.”

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Police officer testifies to police brutality against former MDP Chairperson Mariya Didi

A police officer has testified against a fellow officer, Ibrahim Faisal, who is currently being charged for attacking former opposition Maldivian Democratic Party (MDP) Chairperson and MP Mariya Ahmed Didi on February 8, 2012.

On February 7, 2012, the continuous anti-government protest led by then-opposition political parties and religious scholars following the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed gave way to a mutiny by a segment from both the police and military officers against Nasheed, resulting in his premature resignation from office.

The following day, Nasheed along with the MDP and thousands of people, took to the streets in protest claiming that Nasheed was ousted in a bloodless coup d’état. However the en masse demonstration met by a brutal crackdown from both police and military officers during which several MDP MPs and politicians backing the MDP suffered injuries.

Testifying against Faisal, Lance Corporal Mohamed Saarim told the court that he was with Faisal in the ranks of police during the time the protests were dismantled.

Saarim testified that Faisal was among the police officers who went inside a shop to arrest senior MDP figures, including current Party Chairperson ‘Reeko’ Moosa Manik, Mariya Didi and former President Nasheed, who took refuge inside after the police led the heavy crackdown on protesters.

During this incident, Saarim claimed that he saw Faisal attacking Mariya Didi, punching her in the abdomen. According to Saarim, Faisal dragged Mariya Didi out of the shop, before handing her over to another officer.

The Lance Corporal also claimed that he had told Faisal not to act so aggressively, but he had disregarded his call. Saarim also recalled that Faisal was not in his uniform and was clothed as a civilian, and had used his bare hands to attack the MP.

During the hearings, Saarim also acknowledged the statement he gave to Police Integrity Commission (PIC) which was presented to the court. Saarim stated that the statement was a true statement given based on what he witnessed on the day.

When the sitting Judge Muhuthaaz Fahmy questioned Faisal about the statements by Saarim, he denied the claim saying that he did not harm anyone. He further told the court that he was not present with the group of police officers who entered into the shop, but was instead having a coffee.

Faisal made the same statement to the PIC, which was also heard in court.

Concluding the hearing, the judge stated that the only witness presented to the court by the prosecution was Saarim. He did not mention a date for the next hearing.

Along with Faisal, police officer Mohamed Waheed from the island of Thinadhoo in Gaafu Dhaalu Atoll is also facing criminal charges for assaulting MDP Chairperson ‘Reeko’ Moosa, hitting him on the head with a metal canister.

Mariya recalls the attack

Mariya Didi described the moment when the officers barged into the shop as an “attempt on our lives”.

“On February 8, after the police dispersed those who marched to protest their government being over thrown by police and military, President Nasheed and Ahmed ‘Dhonbilai’ Haleem saw me fall and gasp for breath, almost falling tinto the sea as the police and military used the yellow gas they used at such close range,” she said.

“They picked me up and as they knew I was suffering from the injuries of the previous day (February 7,2012), I looked in a state with all the bruises to my face and body, and also a black eye from a beating the previous day,” she said.

“They wanted to put me to safety in the shop as they knew these officers wanted us all dead,” she added.

“Moosa, Nasheed and myself entered the shop. As I was standing inside the shop, the police came and took Moosa first,” she recalled.

“In a moment, some other police came and pulled me up. They handcuffed me at the back with bands they had and kept pulling my hair. They kept beating me all over. They sprayed my whole body with pepper spray, especially in the black eye from the previous day, and into my nostrils. I recently had a sinus operation in Bangkok and just returned. These police officers were all over beating me, my whole body was black and blue,” she explained.

“It was rather shameful that people in uniform thought it fit that they beat up a woman who was already handcuffed tightly behind her back. The scars are still there on my wrists,” she said.

“I hope our men in uniform learn to behave with discipline and professionalism and not let their political views overtake their oath and duty to this country,” she said.

“Jazbaath (‘being emotional’) is no excuse,” she stressed.

Human Rights Commission inquiry

On August 22, 2012, the Human Rights Commission of Maldives (HRCM) released an investigative report (Dhivehi) which concluded that the police crackdown on the MDP march, which left dozens of demonstrators injured, was “brutal” and “without prior warning.”

Thirty-two people filed complaints with the HRCM concerning the varying degrees of injuries they sustained in the crackdown, while 20 people also submitted medical documents pertaining to the treatment of those wounds.

Among the injuries caused by the police baton charge, the HRCM report noted that several people were bruised and battered, one person had a fractured leg bone, another person’s arm was broken, and six people sustained head wounds.

Two fingers on the left hand of one demonstrator were crushed, the report also noted, and the victim had to undergo a corrective operation.

Meanwhile, the former ruling party informed the HRCM that their march across Male’ was spontaneous and that the party had not planned to stage any protests on February 8.

The crackdown

While riot police baton-charged the front line of protesters on February 8, Minivan News observed riot police also charging the crowd from a narrow alley leading to the Maldives Monetary Authority (MMA) area.

The SO police officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.

Amid the clashes, a group of opposition demonstrators infiltrated the crowds, attacking MDP supporters, according to witnesses.

Former President Nasheed was reported among the injured, having received head injuries during the clashes.

Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area of Indira Gandhi Memorial Hospital (IGMH).

One young woman who went into IGMH with her sister was being treated for a head wound. The gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.

“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.

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MDP alleges 117 cases filed against February 8 2012 protesters “politically motivated”

The Maldivian Democratic Party (MDP) has called for “politically motivated” court cases against 117 protesters charged with terrorism and obstructing police duty on February 8 2012 be immediately discontinued.

Nine MDP members from Milandhoo Island in Shaviyani Atoll, 28 members from Kulhudhuffushi Island in Haa Dhaal Atoll and 80 members from Addu City are currently facing prosecution. The accused include mid-Hithadhoo Constituency MP Mohamed ‘Matrix Mode’ Rasheed as well as a number of councilors and branch heads from these islands.

“A lot of the accused [currently standing trial] were charged with terrorism offences and obstructing police duty,” said MDP Spokesperson and MP Imthiyaz ‘Inthi’ Fahmy.

The MDP “condemned, in strong terms, these cases of unlawful and blatant granting of selective impunity from justice and calls on all concerned authorities to immediately cease this selective litigation,” during a press conference held May 20, led by Imthiyaz and MDP pro-bono lawyers Abdullah Haseen and Mohamed Fareed.

The party said it regarded the “discriminatory” prosecutions as being politically motivated, biased judicial actions against hundreds of MDP members, and “outside the requisite edicts of the Constitution for judicial fairness and equability.”

The political party also voiced their “great concern” that despite the Commission of National Inquiry (CoNI) findings that “unlawful brutal acts” were committed by security services in February 2012, the report’s recommendations that actions be taken against the offenders have been “disregarded with impunity”.

The MDP alleged that “despite public irrefutable and credibly substantiated video and audio evidence showing security services personnel committing brutal assaults and inflicting inhuman bashings”, no credible investigations or judicial actions have been taken.

Current court cases against MDP members had meanwhile been “unduly hastened”.

“The police were seen to participate in a mutiny and they have openly and publicly viewed their opposition and hatred towards the MDP,” MDP Spokesperson Mohamed Zuhair told Minivan News at the press conference.

“As police investigation reports make up a substantive part of the legal cases being brought against MDP activists, how can these investigations be fair when police have been publicly on the record as biased and downright malicious [toward MDP supporters],” he continued.

“The MDP came out in a peaceful protest on the 8th, on the roads of Male’, and they were bashed up,” Zuhair said. “Our activists on the islands heard this and that escalated tensions on many islands where there are police stations. And then it became a kind of public uprising.”

“Within that public uprising, our activists’ primary objective was to rally and to somehow show strength, but among those came in other elements, [who] set fire to places, and then escalated the whole thing,” he added.

Zuhair said given the state of the judiciary justice for the accused was not possible, “but we’ll have better recourse to due process through the high court and supreme court and through international redress.”

No grounds to prosecute

The trials were being conducted to “intimidate the people” because elections are “very near” and the entire process was politicised, MDP lawyer Haseen told Minivan News.

“They demanded the suspects be kept in remand claiming they had forensic evidence. And then when they’re produced in court, there is no forensic evidence or video footage submitted, only witness statements,” Haseen explained.

“They are telling the press they have the evidence and highlighting a lot of photographs with fire, but they are not submitting these – just witness statements given by rival political parties,” he said.

Haseen claimed senior Progressive Party of the Maldives (PPM) officials pointed out to the police who to arrest and were now providing the witness statements against the MDP protesters in court.

“The problem is that even the island judges are not competent judges. They don’t even know criminal procedure. That’s a larger fight that we are building our campaign with that on top – journey for justice,” Haseen added.

MDP lawyer Fareed concurred with Haseen that it is a “politically motivated conflict of interest” to have police and former-opposition political parties provide the only evidence – witness statements – against the MDP members on trial.

“There are not any grounds for prosecution,” Fareed told Minivan News.

He attended three hearings in Kulhudhuffushi, which took place May 19, against 11 MDP members, including two island councilors, and was also dismayed by how witness statements were taken.

“The court they did not have a recording system, so the judge he himself was writing the witness statements in favor of the state. It was very terrible,” Fareed recounted.

“When the first witness was presented, I asked him directly ‘were you there when these things happened?’ and he replied ‘this is after one year so I don’t remember these things’.”

“That’s all that’s enough – whatever the witness says after that is not applicable, not acceptable,” he declared.

“When the prosecutor asked him [the same question], the witness said ‘That man may be there but I don’t know,’ however the judge himself had already written the witness statement in favor of the prosecution,” he added.

“If they continue this hearing, they should have a recording system otherwise we’ll have to stop it,” Fareed concluded.

“All courts have recorders”

Kulhudhuffushi Court Magistrate Ali Adam explained to Minivan News today (May 23) that “all courts have recorders”.

“When dealing with criminal cases we try to write witness statements, it is the best way,” said Adam. “Recordings can be changed or edited. There might be court staff who hold certain political ideologies who might tamper with the statements.”

“When listening to a witness statement a judge will only write relevant remarks and things related to the accused’s rights. The witness then signs the hand-written statement,” explained Adam.

“We do not consider anyone standing trial as a criminal. How can we face a person thinking he’s an enemy? We do not consider the individual’s personality or which political party he is in,” he added.

The Prosecutor General, PG spokesperson, and PPM MPs Ahmed Nihan and Ahmed Mahlouf were not responding at time of press.

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“Serious failings in the justice system entrenched impunity”: Amnesty International

Failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity” in the Maldives during the past year, Amnesty International has said in its annual report.

“These [failings] included the absence of codified laws capable of providing justice equally to all and the appointment of judges who lacked formal training in law without serious scrutiny of their legal qualifications,” the international human rights organisation stated.

“Throughout the year, authorities were accused of political bias for fast-tracking the prosecution of opposition supporters accused of criminal behaviour during rallies while failing to prosecute police and others suspected of committing human rights abuses during the same protests.”

The 2013 Amnesty annual report on the state of the world’s human rights observed that former President Mohamed Nasheed’s resignation on February 7, 2012 was “followed by months of protest and political repression.”

Nasheed resigned in the wake of a violent mutiny by Special Operations (SO) police officers, who assaulted government supporters, ransacked the ruling party’s Haruge (meeting hall), staged a protest at the Republic Square, vandalised the police headquarters, clashed with the military and stormed the state broadcaster.

Since the transfer of presidential power, the security services have used excessive force “to suppress demonstrations that were largely peaceful,” the report noted.

In June 2012, the Maldives Police Service (MPS) however denied “in the harshest terms” allegations of police brutality by Amnesty International.

“Supporters of the former President’s Maldivian Democratic Party (MDP) were targeted for attack in February. Detainees were subjected to torture and other ill-treatment,” the report continued.

“Targeted violence” against MDP members plunged the nation into “a human rights crisis” in February 2012, the Amnesty report contended.

“Throughout the year, security forces frequently attacked peaceful demonstrators, including MPs, journalists and bystanders, in the capital Malé or in Addu, both MDP strongholds. Officers clubbed them, kicked them and pepper-sprayed them directly in the eyes. Around the time of Mohamed Nasheed’s resignation, from 7 to 9 February, police targeted senior MDP members for attack and tracked down and assaulted injured protesters in hospitals,” read the report.

Amnesty also reported torture and ill-treatment in police custody, including “beatings, pepper-spraying the eyes and mouth, denial of drinking water and, in Addu, incarceration in dog cages.”

The report noted that a Commonwealth-backed Commission of National Inquiry (CoNI) established by President Dr Mohamed Waheed – which found that Nasheed resigned voluntarily – had taken note of “allegations of police brutality and acts of intimidation” and called for “investigations to proceed and to be brought to public knowledge with perpetrators held to account.”

Criminal proceedings have however yet to begin against a single police officer accused of human rights abuses in the aftermath of February 7.

Impunity

In August 2012, the Human Rights Commission of Maldives (HRCM) concluded that the police crackdown on a MDP march across Male’ on February 8, 2012 that left dozens of demonstrators injured was “brutal” and “without prior warning.”

Based on its findings, the HRCM recommended that the Maldives Police Service (MPS) and Police Integrity Commission (PIC) should investigate the “disproportionate” use of force – in violation of police regulations authorising use of less-lethal weapons – and initiate legal action against the responsible officers.

On February 8, thousands of MDP supporters took to the streets after Nasheed declared that his resignation the previous day was “under duress” in a “coup d’etat” instigated by mutinying SO police officers working with the then-opposition and abetted by rogue elements of the military.

The HRCM noted that 32 people filed complaints with the commission concerning varying degrees of injuries sustained in the crackdown and 20 people submitted medical documents of their treatment for injuries.

Two fingers on the left hand of one demonstrator were crushed, the report noted, and the victim had to undergo treatment at the operating theatre.

The PIC meanwhile revealed in December 2012 that it “recorded 24 individual cases of police brutality related to 7th and 8th February” and completed investigation into 12 cases.

Six cases were sent to the Prosecutor General’s Office (PGO) for criminal prosecution.

“In one more case, though police brutality was proven, there was insufficient evidence to identify the responsible policemen. Investigations of the remaining 12 cases is ongoing, but are expected to be completed soon,” the commission said in a status update.

In February 2013, PIC Chair Dr Abdulla Waheed told parliament’s Government Oversight Committee that it was investigating 29 police officers accused of using excessive force against MDP demonstrators.

The PIC chairperson could not confirm whether the commission’s recommendation to dismiss six officers of the 29 under investigation was acted upon.

He added that five cases were pending despite video evidence of police brutality as the officers could not be identified and 11 additional cases remained stalled over lack of sufficient evidence.

Former PIC Chair Shahinda Ismail had revealed that officers the commission had recommended for suspension had instead been given promotions. Shahinda resigned in October 2012 citing “major difference of opinion” with other members.

“What I’ve seen in the actions of institutions is that they have been giving a lot of space for the police to act with impunity,” she said at the time.

February 8 crackdown

While police baton charged the front of the protest march on February 8, Minivan News observed SO officers charging the crowd from a narrow alley leading to the Maldives Monetary Authority (MMA) building.

The SO officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.

Parts of the attack from the rear were filmed by Al Jazeera, which reported on February 8 that “police and military charged, beating demonstrators as they ran – women, the elderly, dozens left nursing their wounds.”

Former President Nasheed was reported among the injured, and received head injuries during the clashes. He was briefly taken under police custody before being released back into the crowd.

Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area at the Indira Gandhi Memorial Hospital (IGMH).

One young woman who had gone to IGMH with her sister was being treated for a head wound. A gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.

“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.

The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

“People scattered as officers sprinted towards them silhouetted against the lights of passing traffic,” the BBC’s Andrew North reported from Male’.

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SO officers arrest retired sergeant in Addu City

Special Operations (SO) police arrested a retired police sergeant in Addu City last night and released him upon learning that he was a former officer.

Jihad Abdulla told newspaper Haveeru today that he was seated on a motorbike having a cigarette in front of his house when a police officer approached and attempted to search him.

“I said why do you want to search me, I have not committed a crime,” he said, adding that he asked the officer to explain a reasonable cause for the frisking.

Jihad was then taken to the Hithadhoo police station in a police jeep. He noted that the officer-in-charge was inside the vehicle but did not inform him of the reason for his arrest.

“So I believe that SO officers do not know how to act during operations. They have to act in accordance with rules and regulations. But that is not how they behave,” he was quoted as saying.

Police officers used foul language after he was taken to the station, Jihad noted. The SO officers told him that they could search or arrest anyone.

Jihad was released after being searched. Some officers at the station knew that Jihad was a former sergeant.

He was honourably discharged from the force in October 2012.

Jihad said he was “saddened and ashamed” of the SO officers as a person who had served as a police officer for 21 years.

Addu City Mayor Abdulla Sodig said in a Facebook post today he had shared with the SO commander “the numerous cases of public complaints about the amateurish and outright rude behavior of the police towards the general public, and in many cases law-abiding citizens.”

“My appeals were dismissed as political statements, when in fact, it had adversely affected and shocked many citizens of Addu, including the honorably retired Sergeant Jihad Abdulla, who was known through out the police service during his 21 years of valuable service. Sgt Jihad Abdulla, like many before him were not intervened within a suspected environment of crime,” he continued.

“When veterans of the Maldives Police Service hang their head in shame having witnessed an open license to exhibit depravity and disregard for liberties and basic human rights guaranteed in our constitution by their fellow officers, it is a wake-up for everyone and especially the Commissioner of Police, CP Abdulla Riyaz, to acknowledge that there are serious problems that need to be addressed within its institution before it can functionally enforce law.”

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Maradhoo detainees allege physical abuse in police custody

Eight young men arrested on the island of Maradhoo in Addu City last week have alleged that they were physically abused by Special Operations (SO) officers while under police custody.

Police arrested the youth on Wednesday (May 15) for allegedly obstructing police duty outside a Progressive Party of Maldives (PPM) campaign office, which prompted clashes between SO officers and members of the public.

Eyewitnesses told local media that the SO officers used pepper spray and excessive force to arrest the Maradhoo youth.

Former Home Minister Dr Mohamed Jameel Ahmed – dismissed from the post earlier this month following his appointment as the running mate of PPM presidential candidate Abdulla Yameen – told local media that Maradhoo islanders have made a number of allegations concerning police brutality and the behaviour of SO officers during the arrests, including the use of foul language.

Dr Jameel reportedly met PPM members and families of the detainees in Addu City this weekend to gather information. The arrested youth included PPM members as well as Maldivian Democratic Party (MDP) members.

Jameel told newspaper Haveeru that the party would provide legal assistance to the PPM members, whose detention was extended to 10 days by the Hithadhoo magistrate court on Thursday (May 16). One of the eight detainees was however released by the court.

The former home minister said he advised the families to file complaints with the Police Integrity Commission (PIC) for investigation.

Asked if he believed police could have been violent towards civilians, Jameel said he “could not say that such actions would not be seen from police.”

Dr Jameel was not responding to calls at the time of press.

Commissioner of Police Abdulla Riyaz meanwhile tweeted on Saturday (May 18) that a Professional Standards Command (PSC) team was “already in Addu to investigate the complaints against police.”

Following the arrests last week, former President Mohamed Nasheed also took to twitter to condemn “the actions of a few policemen who’ve arrested members of pol parties, used excessive force, violated the sanctity of their premises.”

Nasheed resigned on February 7, 2012 in the wake of a violent mutiny by SO officers, who have since been accused of using excessive force against demonstrators.

Speaking at a campaign rally in Maradhoo on Friday night, MDP lawyer Ahmed Abdulla Afeef said he met the detainees separately and all of them claimed to have been physically abused in custody.

The detainees said they were driven around in a police vehicle, taken to a bridge and beaten, Afeef said.

“For about half an hour, they were kept there and beaten with police ankle boots, police helmets and with their fists,” he said. “I did not see them being abused, but there are still fresh injuries on their bodies. So this has happened.”

They were then taken to the police station and stripped naked before being subjected to more physical abuse, Afeef continued.

The youth alleged that their hands were cuffed behind the back and police jumped on the handcuffs while the detainees were made to lie on the ground, Afeef said.

The detainees also claimed that the SO officers told them that they “toppled the government” and were untouchable, he added.

Afeef said he would file complaints at the PIC and Human Rights Commission of Maldives (HRCM) but doubted that any SO officer would be held accountable.

“The Police Integrity Commission will come here and taken statements. But in the end their report will say, ‘there are allegations of abuse but we cannot identify [the responsible officers], so we cannot take any action.’ That is how it has happened in the past,” Afeef said.

Afeef said the clashes with SO officers occurred after four police officers stopped in front of a young man sitting near the PPM office and demanded that he remove a necklace.

The young man had long hair that was dyed in the back, Afeef noted.

“In any case, when police started asking these questions and harassing him, he asked, ‘what’s the problem? am I not free to wear a necklace?'” Afeef recounted.

Police responded by dropping him to the ground and cuffing his hands, Afeef continued, which prompted his friends to intervene and clash with SO officers.

Afeef observed that individual liberty was guaranteed by article 19 of the Maldivian constitution, which states, “A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari’ah or by law. No control or restraint may be exercised against any person unless it is expressly authorised by law.”

Custodial abuse

Meanwhile, PPM-aligned news website MVYouth.com published an account yesterday of one of the young men arrested on Wednesday and released after 24 hours without being taken to court.

Mohamed Zaufnaz ‘Zauf’ Shinaz, an employee of a community news site called Maradhoolive.com, told MVYouth that he went to the area upon learning of a disturbance outside the PPM office.

Zauf said he saw two young men – currently in police custody – being manhandled by plainclothes police officers and was urged by the people there to take video footage of the incident.

More plainclothes officers soon arrived on a police vehicle, he recounted, and one of the officers grabbed Zauf by the neck and asked him if he had a media pass.

Zauf said he was hauled into the van before he could respond.

The police took off with Zauf and three others, he continued, noting that the police officers used obscene language inside the vehicle.

The officers tried to intimidate the detainees and threatened to smash Zauf’s camera, he added.

The four young men were taken to the Hithadhoo police station and shoved and pushed up the stairs, Zauf said.

They were taken inside a room and made to kneel down facing the wall, he said. Everyone except Zauf was in handuffs.

A police officer asked Zauf to delete the pictures and videos on his camera while the others were beaten for about 20 minutes by the officers in plainclothes, he continued.

A second group of detainees were soon brought in and Zauf learned from them later that they were taken to the Hankede bridge and beaten.

Shortly after their arrival, Zauf said he was taken to a room for interrogation. Two officers then took him inside another room and forced him to undress.

After he took off his boxers, the officers forced Zauf to walk naked around the room twice. He was then kept facing the wall while an officer took videos from a mobile phone.

Zauf said he heard the police officers sniggering behind his back.

“I heard the police mocking and laughing at me while I made the two rounds. But I hung my head down and did not look at them,” Zauf was quoted as saying.

After he was allowed to sit down again, Zauf said the officers made him lift his arms up and down three times. When he emerged after being frisked, a statement was prepared and he was made to sign it without reading its content.

Zauf was kept kneeling down again and heard the second group being beaten.

A plainclothes officer gave Zauf his camera back after deleting his photos and videos. An officer had bitten and damaged the memory card on the camera.

Zauf said he saw police officers jump on handcuffs while the others were kept on their knees. Zauf saw an officer smash Aafaq’s head against the wall.

Another officer told one of the young men to cut his hair and threatened that he would do so by force, Zauf said.

Zauf was then handcuffed and placed in a cell with the others. The detainees were given a meal at around 9:40pm. All eight men were forced to sleep in handcuffs.

The detainees complained of impurities in the drinking water and was promised clean water the next day, Zauf said, adding however that he was not given clean water when he was released in the late afternoon the following day (Thursday, May 16).

MVYouth reported today that Zauf’s family has decided to send him to Male’ for counselling as the young man appears to have been traumatised by the experience.

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Eight arrested following clashes with Special Operations police in Addu City

Additional reporting by Neil Merrett.

Police arrested eight individuals in the island of Maradhoo in Addu City yesterday (May 15) following clashes with Special Operations (SO) officers near a campaign office of the government-aligned Progressive Party of Maldives (PPM).

Police said in a statement that SO officers were dispatched upon receiving information that two rival groups were preparing for a gang fight.

“When police went to the scene at around 3:15pm [yesterday] and attempted to search the people there [for weapons], a group of people in the area threw rocks, inflicted varying degrees of injury to police officers and caused unrest,” the press release stated.

The eight men arrested during the disturbance for allegedly obstructing police duties included a 19 year-old, two 20 year-olds, a 21 year-old, a 22 year-old and two 27 year-olds, police said.

PPM MP Ahmed Nihan tweeted shortly after the arrests that clashes occurred with police following a complaint of loud music from the party’s youth office.

He today told Minivan News that although the PPM was in the process of collecting information on the incident, the party would not rule out the possibility that gang violence was behind yesterday’s clashes, playing down the possibility of political motivation behind the police action.

Nihan claimed that street fights between rival gangs from different neighbourhoods were common in Addu City, while also being symptomatic of growing “friction” between different political supporters ahead of this year’s presidential election.

“We can only rely on police accounts of the matter so far that this was a group of people fighting each other,” he said.

The clashes occurred in an area recently established by the PPM for young supporters, a policy that Nihan explained was designed to encourage youth engagement with its election campaign.

“We never thought anything like this would happen though,” he said. “We believe that the rule of law must be upheld regardless of political colour.”

Nihan said older supporters had noted a “scattered group” of young people around the area where clashes later occurred.

PPM officials told Minivan News that a party supporters and another eyewitness had alleged police had attempted to raid the campaign area to perform a search, resulting in confrontations with some PPM members present in the area.

MP Nihan told Minivan News yesterday that party supporters and other witnesses had alleged that officers had arbitrarily detained party members.

“There is some confusion as to what has gone on, even in the party. Sources tell me many people were taken into custody for no reason,” he said at the time.

The PPM today also slammed supporters of the opposition Maldivian Democratic Party (MDP) over what it claimed were attempts to accuse the Maldives Police Service of using excessive force against members of the government-aligned party.

Special Operations (SO)

Former President Mohamed Nasheed also took to twitter to condemn “the actions of a few policemen who’ve arrested members of pol parties, used excessive force, violated the sanctity of their premises.”

Nasheed resigned on February 7, 2012 in the wake of a mutiny by SO officers, who have since been accused of using excessive force against demonstrators.

The police press release meanwhile stated that a group of people attempted to block the link road and had thrown rocks at police vehicles following the arrests.

Police also denied allegations in social media of brutality against women and children by SO officers.

Addu City Mayor Abdulla Sodiq said yesterday that he was aware of “confrontations” between police officers and a group of young people in Maradhoo, though he was awaiting exact details on the matter.

Sodig said that Maradhoo was traditionally a close knit community, with residents often standing by each other.

Newspaper Haveeru reported eyewitnesses as claiming that police beat people who chased them after rocks were thrown.

A resident of the house where the PPM office is located told the newspaper that police entered both the office and adjoining house, used pepper spray and threw people to the ground before taking them into custody.

He claimed that the situation turned violent when police asked a young man to lower his boxer shorts while searching him.

“He refused, started yelling and people gathered. Then verbal attacks were exchanged between the people and police and they started throwing rocks,” he was quoted as saying.

Community website Addu Online meanwhile reported that a crowd gathered in the area in the wake of the arrest to protest police brutality.

The demonstration was reportedly dispersed when SO officers returned to the area.

Local media reported later in the day that rocks were thrown at two police officers near the Hithadhoo regional hospital. The pair were however not hit by the projectiles.

Police also arrested an individual in Addu City last week for allegedly threatening to kill an officer.

Mayor Sodig told Minivan News earlier this month that 50 people were arrested in advance of a visit by President Mohamed Waheed on May 8, “and about 90 percent of those taken in were MDP [Maldivian Democratic Party] supporters”.

Police however denied making the arrests.

As part of an ongoing police operation in Addu to “keep the peace”, “lots of people were taken into custody and were released after their information was collected”, a police media official who spoke with Minivan News initially stated.

The official then refuted the statement, claiming that only one person was arrested in Addu City on May 7.

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.

The task force consisting of 50 special operations police was started in January 17, 2013 and was supposed to end April 17, according to Sodig. However, the entire special operations force has remained in Addu City, targeting those allegedly involved in drug and gang issues.

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Civil society groups slam government for “failure to ensure conducive environment for elections”

Prominent NGOs have released a joint human rights brief accusing the Maldivian government of failing to create conditions conducive to free and fair elections, ahead of the Commonwealth Ministerial Action Group (CMAG) meeting to be held in London this Friday.

The International Federation for Human Rights (FIDH) and the Maldivian Democracy Network (MDN) reported that with less than six months before the presidential elections “there are clear signs indicating that the coalition government in power since February 2012 has so far failed to set the conditions for free and fair elections in which ‘all parties and leaders are able freely to conduct election campaigns’.”

“The most critical matter in this regard is the continued interference of the executive on other branches of power, as manifested by the trial of several opposition members to prevent the opposition from running in the upcoming elections,” the brief reads.

Authorities have both failed to ensure a ‘free and fair’ atmosphere with respect to freedom of information or freedom to assembly, as well as made no efforts to inform and educate voters on electoral rights and responsibilities, the report claims.

FIDH and MDN highlight that promoting and protecting human rights has suffered from a “substantial lack of progress” and that a “culture of impunity for perpetrators of past human rights violations” has been institutionalised.

While “human rights abuses reduced drastically” following former President Mohamed Nasheed’s election in 2008, past and present police brutality, torture and impunity have gone unaddressed, states the brief.

Institutions such as the Police Integrity Commission (PIC), the Human Rights Commission of the Maldives (HRCM), and a Presidential Commission – created in 2009 and disbanded in 2012 – failed to investigate and address human rights abuses, including torture committed by the police services, given their limited mandates.

“The coalition government established in February 2012 has been accused of a wide range of human rights violations, from violent repression of street protests, arbitrary arrests, sexual harassment of female protesters, torture, harassment of pro-opposition media, to legal and physical harassment of members of the opposition,” states the brief.

“Since the HRCM made public its reports on these allegations in August 2012, no action has been taken for investigation or redress,” the brief continues.

Systematic omissions have been identified in the the Commission of National Inquiry (CoNI) “serious enough to raise fundamental questions about the accuracy of the report’s conclusions.” Furthermore, recommendations made by the CoNI on August 30, 2012 regarding human rights abuses, torture, and impunity “were immediately dismissed by senior government officials; this could only encourage the security forces to disregard the rule of law and commit further human rights abuses in impunity,” the brief reads.

“Uncertainties” have caused a “new phase of slowdown” in the country’s legal reform process as well.

“Women have suffered and still suffer from the absence of a strong legal framework… and women’s rights remain at risk of being curbed by religious parties influencing the governing coalition and pushing for the full implementation of Sharia,” the report states.

Rising tensions regarding interpretations of Islam is “particularly an area of concern” given the “fundamental views being introduced by the Adalath party and some religious groups, mainly those that are being linked with Shari’a and harsh punishments,” claims the brief.

“Bearing in mind that there is absolutely no public trust in the judiciary to have the capacity to deliver justice under these circumstances, those critical of these [religious] interpretations have faced violent consequences,” reads the brief. “To date, there are no reports of an investigation or any on-going effort to find the perpetrators of these crimes [of murder and attempted murder].”

Following Nasheed’s claim he was deposed in a coup d’état, the Commonwealth suspended the Maldives from the CMAG, and said it had decided to place the Maldives on its formal agenda in February 2012 because of “questions that remain about the precise circumstances of the change of government, as well as the fragility of the situation in the Maldives.”

In September 2012, CMAG decided the Maldives would remain on the agenda under the item “Matters of Interest to CMAG”, however its suspension from the international body’s democracy and human rights arm has now been revoked.

CMAG recommendations

FIDH and MDN emphasised that the newly reformed CMAG mandate includes “situations that might be regarded as constituting a serious or persistent violation of Commonwealth values”, and the “systematic denial of political space, such as through detention of political leaders or restriction of freedom of association, assembly or expression.”

“These situations have continuously characterised the political environment of the Maldives especially since the change of power of 7 February 2012.”

FIDH and MDN provided CMAG with five key recommendations in regard to the deteriorating human rights situation in the Maldives.

They compelled CMAG to raise concerns regarding human rights violations in the Maldives, especially allegations of police brutality and torture, and request government authorities take all necessary measures to prevent violence, respect the due process of law and prevent arbitrary arrests.

A review of CMAG’s position on CoNI report should be conducted, especially in reference to “later developments”.

CMAG should also advocate for the preservation and consolidation of democratic achievements and take all necessary steps to guarantee the conditions for free, fair and inclusive elections in September 2013.

Providing technical assistance to the Maldives’ government is recommended. This is necessary to strengthen the rule of law and support the development of public institutions, in particular the judiciary, as well as independent commissions such as the HRCM, the PIC, and the Judicial Service Commission (JSC).

Finally, provide support to civil society organizations to raise public awareness about the role of public institutions and the importance of separation of powers, develop human rights education programs, and play a key role monitoring democratic and independent institution building.

Maldivian government recommendations

FIDH and MDN also provided the Maldivian government with a list of 11 recommendations to improve the country’s human rights failures.

This includes strengthening independent commissions, such as the PIC, JSC, and HRCM, in accordance with CoNI report recommendations. Reforming the judiciary should also be prioritized.

The physical and psychological integrity of human rights defenders, journalists and members of the opposition must be also guaranteed in all circumstances.

Initiating a national campaign to address past human rights violations (1978-2008), including “accountability for perpetrators, acknowledgement, truth-telling mechanisms, reparations, and legal and institutional reforms to prevent occurrence of new violations” is recommended.

“Such mechanisms would also act as a deterrent to prevent any future form of harassment, intimidation, arbitrary arrest or ill-treatment by State security personnel,” the brief states.

Additionally, the Majlis (parliament) should “urgently enact” pending legislation, ensure civil society is consulted, and that the bills “fully conform with international human rights commitments and obligations of the Maldives.” Furthermore, the death penalty should not be enshrined in those texts.

FIDH and MDN also recommend the government fulfill its various international commitments. This includes investigating allegations of torture, adopting implementing legislation for the International Criminal Court statute, as well as guaranteeing the human rights and protections enshrined in the International Covenant on Civil and Political Rights (ICCPR).

Additionally, the scope of the Maldives’ reservation to Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) – which aims to eliminate discrimination in all matters relating to marriage and family relations, and ensures gender equality – should be significantly reduced.

Adhering to the recommendations of various UN Special Rapporteur’s, which have addressed some of the systemic problems within the judicial system and various human rights issues, is also recommended. As is arranging future Rapporteur’s missions regarding transitional justice and additional human rights challenges.

Government reaction

Minister of State for Foreign Affairs Dhunya Maumoon told local media yesterday (April 23) that Foreign Affairs Minister Dr Abdul Samad Abdullah had left for London April 22 to participate in the CMAG meeting.

Maumoon highlighted that this marks the first occasion the Maldives has been invited to a CMAG meeting since its removal from the agenda.

“The opportunity for the Maldivian Foreign Minister to participate in a CMAG meeting was a great achievement, and one which resulted from the efforts by President Waheed’s government in cooperation with the Commonwealth,” said Maumoon.

“Now Maldives will have the opportunity to partake in discussions at CMAG. But the Maldives delegation will not be present when the group discusses the Maldives,” she added.

Maumoon also reiterated the government’s position that the Maldives should not have been on CMAG’s agenda and that “the move was prompted by a lack of understanding of the true events that transpired in the Maldives.”

“Some countries” had realized this error and accused Nasheed of influencing CMAG members, Maumoon claimed.

While Maumoon admitted “there was always a fear of instability in Maldives due to the rather infant democracy in the country,” she also highlighted that “international partners have acknowledged the positive strides the country has made brought about in a relatively peaceful manner.”

In April 2012, Maldives’ permanent representative to the EU Ali Hussein Didi criticised the Commonwealth’s involvement in the Maldives, telling the European Parliament that the Commonwealth’s Ministerial Action Group (CMAG) lacked a clear mandate to place the Maldives on its agenda.

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