police – Page 109 – Minivan News

Handcuffed corpse found off Vaavu Fohthela

A handcuffed corpse with injuries was found in the sea near the island of Fohthela in Vaavu Atoll yesterday, police have said.

Sub-Inspector Ahmed Shiyam told Minivan News today that the body appeared to have been in the water “for a long time” and was found handcuffed.

As the man was not circumcised and based on appearance, complexion and size, said Shiyam, police believed it was a foreigner.

“We believe he might have been killed because of the injuries, and the body is being kept at the mortuary [in the Galolhu cemetery] for investigation,” he said.

A crowd of people gathered outside the Galolhu cemetery around 11pm last night while the opposition Progressive Party of Maldives (PPM) called for a post-mortem to be conducted.

“We allowed a member from each media to see the body” to clarify rumors, said Shiyam, but added that media members were asked to turn off their phones and cameras.

Newspaper Haveeru reported that severe injuries were visible on the left ankle and the left arm of the corpse.

After allowing journalists into the mortuary to observe the body, police reportedly used pepper spray to disperse the protesters.

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Drug kingpin arrested in India

A Maldivian drug kingpin, who was among the top six dealers the President announced had been identified by the government, has been arrested in India on a joint special operation conducted by Maldives police and the Indian Drug Bureau.

Police Sub-Inspector Ahmed Shiyam confirmed that the man was arrested yesterday while he was in India.

“He was arrested in a joint special operation conducted by the police Drug Enforcement Department and India’s Drug Bureau,” Shiyam said. “He is currently being held in detention in India.”

Shiyam said that his name and other details of the operation will be provided later.

On February 28 last year, Criminal Court ruled that Adam Naseer of H. Reendhooge was innocent of dealing drugs. He was later named by the President as one of the top drug dealers in the Maldives.

Police searched Naseer’s home in Addu Atoll on 30 June 2009, where they found over Rf6 million (US$461,500) in cash and a tin containing drugs outside his house.

On June 26, police arrested an individual suspected of being one of the Maldives’ most high-profile drug dealers after spending several months collecting information about his procedures for importing narcotics.

The Head of the police’s Drug Enforcement Department (DED), Superintendent Mohamed Jinah, told members of the press that the alleged drug lord was arrested on June 24, along with several companions also suspected of being involved in supplying drugs.

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Police question Ibra over “unclear” offence

Police summoned President’s Advisor Ibrahim ‘Ibra’ Ismail for questioning last night after the Judicial Service Commission (JSC) requested the former Male’ MP be investigated for calling on the public to “rise up and sort out the judges” at a Maldivian Democratic Party (MDP) rally on September 2.

Speaking to press outside police headquarters, Ibra’s lawyer Ahmed Abdulla Afeef said “it was unclear” what offence or crime Ibra was suspected or accused of committing.

“Police said it was to clarify information after a letter was sent from the Judicial Service Commission,” he explained, adding that the alleged offence, or under which specific penal provision the investigation was to be conducted, was not clearly stated.

The letter from the JSC referred to an article on newspaper Haveeru reporting Ibra’s remarks at the September 2 MDP rally at Kaafu Thulusdhoo, Afeef said, stressing that neither police nor the JSC letter referred to any violation of laws.

“Judges are issuing verdicts any way they please. The effort we have to make against this is not inconsiderable. It was citizens who came out and ousted Maumoon from power. The matter of judges too can only be sorted out by citizens rising up,” Ibra, who was also the first elected president of MDP, was quoted as saying in newspaper Haveeru.

Ibra said last night he had “complete assurance” that criminal charges could not be pressed against him “because I have not committed a crime specified in the law.”

The former chair of the Special Majlis’ constitution drafting committee urged police to conduct a full investigation.

Ibra added that he was “very happy” that “today we have police who brings the law to bear on people in high posts of the government.”

“I won’t [exercise the right to] remain silent to evade the law, I won’t obstruct police investigations and court trials through various means to evade the law,” he asserted.

“Runaway judiciary”

The JSC is constitutionally mandated to investigate complaints of misconduct by judges, take disciplinary action and recommend dismissal of judges by parliament (through a two-thirds majority). Last year, 143 complaints were filed at the commission; by its own statistics none were tabled and only five were ever replied to.

Outspoken whistle-blower and then-President’s member on the JSC, Aishath Velezine, was meanwhile stabbed in the street in January this year.

In late 2010, Velezinee launched an emotive appeal against “a runaway judiciary” and the constitutionally-mandated reappointment of judges after vetting by the JSC, despite a quarter of sitting judges possessing criminal records and many having only finished seventh grade.

The majority of the current bench was appointed by former President Maumoom Abdul Gayoom, who was “the highest authority on administering justice” under the old constitution, with powers to appoint and dismiss judges as well as grant pardons and amnesties.

In an interview with Minivan News in September, Ibra argued that the JSC had been “compromised” and “the Supreme Court and key elements within the judiciary are still controlled by Gayoom – directly or indirectly.”

Ibra’s criticism of the judiciary at a ruling party rally in September prompted the JSC to conduct an “emergency meeting” where it decided to ask the “relevant authorities” to carry out an official investigation.

The Supreme Court meanwhile issued a press statement contending that Ibra’s remarks encouraged “the illegal curtailment of the tasks of the judiciary” and could lead to “the loss of peace and security of the Maldivian state and plunge the nation into unrest.”

Supreme Court Justice Adam Mohamed Abdulla is also the chair of the JSC, which has three judges from three tiers of the judiciary, one lawyer elected by licensed lawyers, one member of the public, the Speaker of parliament, an MP elected by parliament, a member of the President, the Attorney General and the chair of the Civil Service Commission (CSC).

Ibra meanwhile sued the Supreme Court last month for defamation in light of its statement. Shortly after the case registered, the apex court issued a writ of prohibition and took over the defamation case against itself from the Civil Court.

As a result, Ibra said at the time, “I now have to go before the Supreme Court and say to them ‘You have defamed me, now please decide in my favour.’”

He suggested that the Supreme Court’s reaction “establishes what I originally claimed. We as citizens – the public – have to do something. We can’t let seven idiots hijack the justice system of the entire country.”

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AG appeals Criminal Court ruling on arrest of Gassan Maumoon

The Attorney General’s (AG) Office has appealed the Criminal Court’s ruling that the arrest of Gassan Maumoon was unconstitutional.

The AG’s Office told local media that it appealed because the court’s ruling contained “legal issues” and was delivered in a case that the police had not filed.

Gassan Maumoon, son of former president Maumoon Abdul Gayoom, was arrested on Monday, October 23 for allegedly throwing a wooden plank that struck and critically injured a 17-year-old boy during a protest outside of the family’s household, Endherimaage.

The protest was held by the ruling Maldivian Democratic Party (MDP) on October 20. Gassan was subsequently summoned twice by police, and later taken to Dhoonidhoo prison for further enquiry.

The Criminal Court however released Gassan under the claim that his arrest violated procedures established by the Supreme Court for operating article 46 of the constitution.

The ruling came after Gassan’s lawyers applied for a writ of ‘habeas corpus’, or release from unlawful detention. They argued that due process was violated as the circumstances of his arrest did not fall under exceptions provided for in the constitution where police could arrest suspects without an arrest warrant.

Article 46 states that, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

President’s Office Press Secretary Mohamed Zuhair added that the court had cited a precedent set by the Supreme Court on a similar case, stating that a suspect should be arrested at the scene of the crime. Otherwise, said Zuhair, a suspect should be arrested at the scene where evidence is found.

Zuhair observed that the court’s policy on article 46 restricts the due course of justice.

“The police had investigated the case and detained Gassan when they thought they had enough evidence. They submitted the evidence to the court and followed the procedures in place. What other procedures should they use, especially in a time-sensitive case such as a case of violence?” he said.

Zuhair added that if the court’s claim against the police’s arrest procedures went undisputed, all individuals arrested during the protest would have to be released.

Police Superintendent Mohamed Jinah insisted at the time of the court’s ruling that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.

If Gassan’s arrest was unlawful, said Jinah, “everyone police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

On October 26, police released 11 suspects who had been arrested without a warrant on suspicion of having committed an offence.

When asked if the appeal was expected to overturn the court’s ruling against the police. Zuhair was optimistic.

There are two key points of argument, he said. “How was a private member of Gayoom’s family able to launch a case in the Criminal Court without first going through the Civil Court, as is the usual course of action, and secondly, how else were the police supposed to submit their evidence, other than the procedure in place, which they used?”

Gassan’s case involves another first: after the police were allegedly summoned to and “thrown out” of the Prosecutor General’s (PG) office, the PG publicly stated that it was seeking legal advice from the Supreme Court. “This is unprecedented, usually these cases are appealed to the High Court,” Zuhair said.

“I hope this is resolved quickly because there is a growing concern among a wide section of society over the impartiality of the judiciary,” he concluded.

Recently, MDP requested international assistance in overcoming the “increasingly blatant collusion between politicians loyal to the former autocratic President, Maumoon Abdul Gayoom, and senior members of the judiciary.”

The request was made in relation to a Supreme Court case in which Gassan has contested MP Mohamed Musthafa’s election to parliament in May 2009.

“The Supreme Court case is the latest installment of an ongoing attempt by Gayoom to secure a parliamentary seat for his son, Gassan Maumoon,” a statement sent by MDP and subsequently forwarded to diplomatic missions and United Nations offices by the Foreign Ministry alleged.

Recent actions in the judicial system have indicated a deep and tangled history of politically biased judicial rulings.

The Judicial Services Commission (JSC), the watchdog body charged with overseeing the judiciary, abolished its Complaints Committee citing “efficiency”, with complaints against judges subsequently forwarded for review by the legal section and Chair Adam Mohamed Abdulla, a Supreme Court Justice.

Last year the JSC received 143 complaints concerning the conduct of judges. By its own statistics none were tabled in the commission, and only five were ever replied to.

Chair of the former complaints commission, Aishath Velezinee, was meanwhile stabbed in the street in January this year.

The JSC also failed to table or even acknowledge receipt of a report on the judiciary produced by the International Commission of Jurists (ICJ), which questioned whether the JSC possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.

In the wake of these developments, Zuhair said lawyers have begun forums to openly discuss allegations against the judicial system. “They are active and getting a fair amount of media coverage, I think they may formulate reforms for two laws concerning judges and the judiciary,” he said.

The laws involve the process of appointing judges to the Supreme Court, and the qualifications required of a Supreme Court judge.

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MNDF concludes investigation into the shooting death of Sergeant Shaukath

The Maldives National Defence Force (MNDF) has concluded its investigation into the death of MNDF Sergeant Ibrahim Shaukath, who was accidently shot in the head while he was on SAARC Bodyguard Training.

In a statement, the MNDF said that the investigation team had determined that Shukath’s death occurred due to the negligence of Lieutenant Muaz Mohamed.

The MNDF said that Shaukath was accidently shot while he and fellow MNDF Officers were doing a private training in the resting area to prepare for a ‘’wounded shoot’’ test due to be held the next day of the incident.

In a ‘Wounded Shoot’ exercise, soldiers are trained how to shoot and reload when one hand is wounded. While they were practicing, Muaz received a magazine with a bullet in it did not check whether the magazine was loaded before putting it into his pouch.

According to the MNDF he inserted the magazine into his pistol and fired at Shaukath. The soldiers were standing in a circle when the incident occurred and Shaukath was in front of Muaz.

The MNDF said the incident was unintentional but due to the negligence of Muaz, he had been ousted from the course and transferred to a section where he does not have to handle weapons.

The MNDF said that according to its regulation it is a required to check whether a magazine has bullets before firing, and that in the bodyguard Training, instructors had not told the students that officers should point weapons at each other in violation of MNDF regulations.

‘’While bodyguard Training is a high risk course, there wasn’t an adequate number of trained instructors sent to the program,’’ the MNDF statement acknowledged.

There were not enough magazines to use in the program and officers had to share magazines, a practice that was not safe, noted the MNDF in the statement, adding that officers had mismanaged the issuing of the magazines.

‘’That day there was only one first aid-trained person in the training centre, and he was also not a person trained for high risk programs,’’ the MNDF said in the statement. ‘’Some tools that are used in first-aid were unavailable at the training centre and the emergency vehicle used in the training was not an adequate vehicle to use in emergencies.’’

The MNDF said that the issues noted in the investigation have been sent to the Defence Ministry as recommendations.

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Former Deputy Police Commissioner denies PIC allegations

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

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

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

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

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

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

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

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

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

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

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

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

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

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Police considering legality of 300 arrests in wake of Criminal Court’s release of Gassan

The Maldives Police Service is reviewing the legality of a number of arrests made under article 46 of the constitution, after the Criminal Court ruled last night that the arrest of Gassan Maumoon, son of former President Maumoon Abdul Gayoom, was unlawful.

Police Sub-Inspector Ahmed Shiyam explained that police were studying the cases to determine whether the arrests were lawful in light of the Criminal Court precedent, and considering releasing the suspects.

Chief Judge Abdulla Mohamed ruled last night that Gassan was arrested in violation of article 46 of the constitution and a Supreme Court precedent establishing criminal justice procedures.

Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Gassan’s lawyers argued at court that as the former President’s son was taken into custody without an arrest warrant after he was summoned for questioning, the circumstances of his arrest does not fit the exceptions provided for in the constitution where suspects could be arrested without a court order.

Sub-Inspector Shiyam however said there were “dangerous criminals we have arrested following the same procedure for committing offences such as child molestation, drugs and assault and battery.”

Police were currently reviewing the cases of “over 300” suspects to determine if their arrests were constitutional, he said.

Responding to the legal arguments from Gassan’s lawyers at the Criminal Court hearing yesterday, Police Superintendent Mohamed Jinah said if Gassan’s arrest was unlawful, “every one police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence for an extension of detention.

Speaking to Minivan News today, Progressive Party of Maldives (PPM) Spokesperson MP Ahmed Mahlouf said the police statement was intended to “put the lid on Gassan’s arrest,” which he said had drawn public anger towards the government.

Mahlouf noted that only the Criminal Court, High Court or Supreme Court could order the release of suspects held in remand detention and “not the President’s Office or Home Ministry.”

“And the only way to change a Criminal Court ruling is to appeal it at the High Court,” he said, adding that the Supreme Court precedent in July 2010 established that only the Prosecutor General could file such appeals.

The PPM also filed three complaints at the Police Integrity Commission (PIC) regarding Thursday’s disturbances, Mahlouf said, which involved the police reaction to the MDP protest outside the Supreme Court and police failure to intercede when MDP activists damaged the property of the former President.

The party also filed a complaint about the summons chit sent to Gassan Maumoon, he continued, which he argued was “unlawful” as the former President’s son had exercised his right to remain silent when he was first summoned on Saturday.

The PIC had invited PPM members for a meeting regarding the complaints at 12:00pm tomorrow, he said, adding that the commission had formed three committees to investigate the matter.

Two activists of the ruling Maldivian Democratic Party (MDP) arrested for their involvement in disturbances outside the former President’s residence, Endherimaage, last Thursday were meanwhile released from custody today.

The Criminal Court yesterday approved a five-day extension of detention for MDP activist Ilham. Following his release last night, Ilham’s lawyer Abdulla Haseen said Gassan was arrested on suspicion of endangering a person’s life while Ilham was arrested on suspicion of damaging personal property during Thursday’s protest.

But, said Haseen, while Ilham was handcuffed and had his detention extended by the court, Gassan was treated very differently.

Supporters of the former PPM attacked Housing Ministry’s State Minister Dr Mohamed Shareef yesterday when he arrived from a conference in Bandos while PPM activists were demonstrating outside the police headquarters.

Sub-Inspector Shiyam said today that no arrests had been made yet in connection with the attack, footage of which was shown on Villa Television yesterday. The PPM supporters also stormed into the Home Ministry and met with senior officials to complain of Gassan’s arrest.

No-confidence

President’s Office Press Secretary Mohamed Zuhair meanwhile told Minivan News that in the wake of yesterday’s Criminal Court ruling, “all the arrests made in the past using the same procedure will be unlawful.”

Zuhair revealed that a team of senior police officers met with Prosecutor General (PG) Ahmed Muiz today to discuss the implication of last night’s precedent.

“He did not speak on the issue and rather questioned the police about some past incidents that he asked police to investigate and told the police to leave the PG Office immediately,” Zuhair said.

Following the actions of the PG, said Zuhair, the executive believed the government could no longer work with him.

“We will file a no-confidence motion against him [in parliament] very soon,” he said.

PG Muiz was unavailable for comment today.

PPM Spokesperson Mahlouf said the party would do “everything we can to save the PG” and such targeting of independent institutions the government was displeased with was “unacceptable.”

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Expat nurse working in Gulhi raped

Police have arrested two men and a minor on suspicion of raping an Indian nurse working in the island of Gulhi in Kaafu Atoll.

Deputy Chair of the Gulhi Island Council, Abdulla Shiham, told Minivan News that the incident occurred last Friday night.

“That night a council member was phoned and informed about the incident at 12:30am in the morning,” he explained. “I myself went to the house where the nurse was staying and we reported it to the police right away. Police arrived the next morning because the weather was bad and no speedboat was available at the time.”

Police started their investigation the following morning, said Shiham, and arrested a 19 year-old, a 24 year-old and a minor.

“The nurse has worked for the island for almost five years and she has helped the islanders in many ways,” he continued. “We condemn this action with the strongest possible terms and we call on police and judiciary to give them the harshest penalty possible, even to the minor.”

Islanders were all frustrated and sad about the incident, the council chair said.

“When the doctor in the island health centre goes for vacation the nurse will not let us feel the absence of the doctor, she cares for the islanders very well, even if we asked she would open the health centre at midnight,” he added.

While the nurse wanted to come back to work for the island, Shiham said her husband did not want her to stay there any longer and she left the next day.

Police Sub-Inspector Ahmed Shiyam confirmed the arrests were made and said the investigation was underway.

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Criminal Court rules Gassan arrest unlawful

Criminal Court Chief Judge Abdulla Mohamed ruled tonight that police arrested Gassan Maumoon in violation of the constitution and a Supreme Court precedent establishing criminal justice procedures after his lawyers filed an application for a writ of ‘habeas corpus’, or release from unlawful detention.

After the case was filed this afternoon, the court issued an order to the police to bring Gassan to the court before 4:00pm today.

Gassan’s legal team, including former Attorney General Azima Shukoor and former President Maumoon Abdul Gayoom’s lawyer Mohamed Waheed Ibrahim ‘Wadde’, argued that Gassan’s arrest after being summoned to police headquarters at 10:00am was in violation of article 46 of the constitution.

Gassan’s legal team also claimed procedural violations in the arrest based on the precedent established by a Supreme Court ruling (page 11 point 11) in July 2010 overturning a High Court ruling extending the arrest of MPs Abdulla Yameen and Gasim Ibrahim.

Azima argued that the precedent established that the burden of proof falls on the state before arresting suspects.

Noting that police did not seek a court order for Gassan’s arrest, which was the “established norm,” Azima said the circumstances of his arrest did not fall under exceptions provided for in the constitution where police could arrest suspects without an arrest warrant.

Gassan’s lawyers noted that he was arrested four days after the incident took place.

In the absence of a Criminal Procedures Act, said Azima, the precedent should be followed in interpreting article 46 of the constitution.

Moreover, she added, Gassan was arrested through “deception” as “my client did not present himself to police to be arrested.”

Gassan was first summoned for questioning last Saturday concerning disturbances outside his residence Endherimaage on Thursday during a protest by the ruling Maldivian Democratic Party (MDP).

The protesters were calling for judicial reform, alleging that the judiciary and the Judicial Services Commission (JSC) were subject to political manipulation by the opposition and members of the former government.

During the protest a 17-year-old boy was struck on the head with a wooden plank allegedly thrown from Endherimaage while protesters led by MDP MPs, councillors and senior members were outside the former President’s residence.

Responding to Azima’s arguments at court today, Police Superintendent Mohamed Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.

If Gassan’s arrest was unlawful, said Jinah, “everyone police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah suggested that Gassan’s legal team was “concerned that we might present evidence” and that the legal argument bore “no weight.”

The top police attorney submitted documents containing early evidence for the judge’s considering, including a medical report of the injuries sustained by the 17-year-old, photos, witness statements and “evidence we collected from the scene.”

The evidence was submitted despite the hearing being held on the case filed by Gassan’s lawyers contesting the legality of his arrest. Police were due to bring the former President’s son before court at 7:00pm to determine if his detention could be extended.

Jinah said police had reason to believe the investigation could be compromised if Gassan was released from custody.

Although the early evidence was not shared with the defence counsels, Azima argued that witness statements were invalid as they would have come from “people participating in an unlawful assembly.”

When Azima contended that the police claims conflicted with media reports on Thursday’s incidents, Jinah noted that “different media reported the same incident in very different ways.”

Gassan’s lawyers meanwhile submitted as counter-evidence photographs and video footage showing an MDP protester carrying a wooden plank. The footage was first aired on private broadcaster DhiTV challenging the MDP’s contention that the wooden plank was hurled from a second floor balcony of Maafanu Endherigas.

Azima argued that the nature of the evidence submitted was not enough “to establish a causal link between the suspect and the crime.”

When Gassan’s lawyer Maumoon Hameed criticised police for not examining “publicly available video footage,” Jinah said police had requested video footage from media outlets as well as footage caught on private security cameras.

Supporters of the former President’s newly-formed Progressive Party of Maldives (PPM) were camped outside the Justice building for the duration of the hearing carrying “Free Gassan” placards and celebrated with loud cheering when Gassan emerged from court.

Later in the day, activists of the ruling party gathered to protest outside the Supreme Court behind police lines. A heavy police presence kept the rival protesters at opposite ends of the court building.

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