Corpse of newborn baby found strangled with underwear, hospital confirms

The body of a newborn baby boy discovered in a park in Hulhumale’ this morning was found with underwear tied tightly around his neck.

Spokesperson for Hulhumale’ Hospital Dr Ahmed Ashraf said the baby may have died from asphyxiation.

‘’When the baby was found the knot was a bit loose, but the marks on its neck shows that it was tied tightly around the neck,’’ Dr Ashraf said.

Dr Ashraf said the baby was dead when discovered, and was first brought to Hulhumale’ hospital before the police took the body for forensic investigation.

Police Sub-Inspector Ahmed Shiyam said the baby was male and appeared to have competed nine months gestation.

The dead baby is the third to have been found abandoned in the last few weeks. On Friday the corpse of a three-month premature infant was discovered in a Coast Milk tin in Villingili, while on May 5 another premature baby was found in a plastic bag in Male’s swimming track area. A medical examination later concluded that the baby had sustained cuts, bruises and other wounds.

Police have since arrested two women in connection to the discovery of the infant found in the tin, including a 30 year old suspected of being the mother and a 24 year old woman police said had confessed to helping the first deliver the baby prematurely.

In November last year another abandoned newborn was discovered alive in some bushes near the Wataniya telecommunications tower in Hulhumale’. The child was put in the care of foster parents.

Birth out of wedlock remains heavily stigmatised in the Maldives. An unreleased 2007 study by the International Planned Parenthood Federation (IPPF) found that the stigma of having a child out of wedlock compels Maldivian women and girls to opt for abortions, and while a taboo subject, the practice was found to be widespread.

Some of those interviewed for the study said they knew of girls as young as 12 who had undergone abortions, and each knew at least one person who had terminated a pregnancy.

Abortion is illegal in the Maldives except to save a mother’s life, or if a child suffers from a congenital defect such as thalassemia. Many women unable to travel to Sri Lanka resort to illegal abortions performed by unskilled individuals in unhygienic settings, or even induce abdonminal trauma or insert objects into their uterus.

Other studies focusing on HIV have identified associated risk factors contributing to unplanned pregnancy including high levels of promiscuity and limited use of contraception.

Correction: An earlier version of this article stated that the infant was a nine-month old baby. This was a confusing translation and has been clarified as the infant was a newborn.

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Comment: Every person injured in protests leaves behind a trial of bitterness

The last few days have seen bitter times in the republic island of the Maldives. The cost of living has risen heavily, causing thousands to come out on the streets in protest. Street protests are not new to the Maldives; only this time around, the anger is directed against a democratically-elected government rather than a dictatorial regime. This means that irrespective of whether the protests are lawful or not, the police response needs to be lawful.

But the police treatment of demonstrators under the new government has been well below mark. Although MPS is unarmed, excesses committed by police officers, through means such as tear gas, police baton, arbitrary arrests and detention, has been a recurring matter of concern. In October 2010, the Maldives police were alleged to have reacted with excessive force against journalists covering the demonstrations by the main opposition party, the Dhivehi Rayyithunge Party (DRP). In the ongoing ‘cost of living’ protests, the police were alleged to have arrested over 300 people (though the majority were released subsequently) whereas over 75 people were reportedly injured in the span of 10 days of protest.

Notwithstanding the veracity of such claims, it is clear that crowd control is going to remain a challenge for the police. What then are the principles governing public order management?

The starting point for policing public protest is the presumption in favour of facilitating peaceful assembly (Article 21, ICCPR). Public protest is an important democratic activity and peaceful intentions should be presumed unless there is compelling evidence that those organizing or participating in a particular event will themselves use, advocate or incite violence. This places both positive and negative duties on the police (Keeping the Peace: Manual of Guidance, UK).

The negative duty means that the police must not prevent, restrict, or hinder peaceful assembly except to the extent allowed by law. Positive duty entails safeguarding the right to peaceful assembly. In case of a threat of disruption or disorder, the law allows police officers to use force but only when other ‘non-violent means have been tried and proved ineffective’. In other words, force must be used as a last resort.

Once the decision of using force has been taken, the guiding principle is the minimum use of force. This means that any use of force must be reasonable in the circumstances. But what does reasonable mean? As per international law and best practices, reasonable has come to mean the following:

One, the use of force must be proportionate to the lawful objective to be achieved and to the ‘seriousness of the offence’. In any public gathering or protests, the lawful objective is only to minimize chance of violence and not to disperse the crowd.

Second, the use of force by the police must be lawful: necessary for a purpose permitted by law such as self-defense, defense of another, to prevent crime, to protect life, or unlawful action. For this, it is important for the police rules or regulations of any country to provide guidelines on specific circumstances under which the police may carry firearms, warnings to be given before firearms are to be discharged, reporting system whenever officials use firearms in the performance of their duty etc. Such guidelines are important by way of minimizing arbitrariness in police action.

There is little information on whether the MPS has formulated such rules on crowd control. Notably, this is a theme missing in the otherwise comprehensive Strategic Plan 2007-2011 of the Maldives Police Service.

Whenever use of force is necessary, it is the duty of the police to respect and protect human life, minimise damage and injury, provide assistance and aid to those injured and ensure that a relative or close friend of the injured or affected person is notified at the earliest possible opportunity.

Following these guidelines on the ground, however, can be difficult. Determining the import of terms such as ‘seriousness of offence,’ ‘ineffectiveness of non-violent means,’ or even the time of intervention are all, ultimately, matter of discretion. Much depends on the judgment and understanding of the officer on ground. These difficulties are real, but it is precisely to address such challenges that post-incident accountability assumes significance.

For this, the police are required to follow safeguards at the time of use of force such as identify themselves as police, give a clear warning of their intent to use force firearms, and allow enough time for the warning to be observed unless it places the police at risk or creates risk of death or serious harm to others. The use of firearms mandates additional safeguards such as submission of an incident report to the competent authorities (UN Code of Conduct for Law Enforcement Officials, Article 3). Although firearms have not been used in the Maldives in a long time, such safeguards are of equal value even in other forms of force used such as tear gas in this instance. Moreover, to avoid and reduce arbitrariness of officers while in action, the decision to use force must be taken by senior office, adequately trained into making sound judgments.

Often, the police complain that such measures are difficult to follow and situations generally can turn so quickly that not enough room is left for following the standard. However it is exactly these kind of situations for which the police need to equip and train themselves. Training in fact needs to orient police officers to the basic requirement of minimial force and minimal damage rather than the obvious tendency of grave harm. The accountability for actions cannot be avoided and in fact the police should be more open to scrutiny which alone will help build its capability of managing public disorder; and also boost its public image as a force willing to work within the confines of law.

It is, therefore, crucial that the government/MPS conducts an inquiry into the protests to determine whether these guidelines were followed. Every person injured in protests leaves behind a trial of bitterness. This is hardly conducive to gaining trust and confidence of the people, something that the MPS is striving hard to achieve (as is reflected in their Strategic Plans). Officers will do well to remember that their actions in these formative years of democracy in the island will most likely set the tone for its relationship with the community. As such, the development of a comprehensive system for managing public order that accords with international standards is a priority. Legislation that governs the management of public order by the police, and builds a co-operative relationship between the police and the public, is needed.

Navaz Kotwal and Devyani Srivastava work with the Access to Justice Programme, part of the Commonwealth Human Rights Initiative.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Gamaadhoo human bones are 800 years old, claims Umar Naseer

The former deputy leader of the main opposition Dhivehi Rayyithunge Party (DRP) has claimed that results of examinations made on human bones discovered inside Gamadhoo Prison show they “are over 800 years old.”

”Those bones were first taken to Thailand for investigation and [investigators] said they were over 800 years old,” said Naseer. ”Later the government sent the bones to America, where they also said the same.”

Umar said the investigation into the identity of the bones was now closed, ”but the government will never say that because they want to use it for political purposes.”

”This news is confirmed to be true, we have allies inside police as well as in Maldives National Defence Force (MNDF),” said Naseer, himself a former policeman.

He said the police and government “cannot deny this and if they did, they should show the report on the examinations.”

Police Sub-Inspector Ahmed Shiyam today said that police had been still unable to determine the age of the human bones found inside Gamadhoo Prison.

”We did send it abroad for forensic investigations,” Shiyam said. ”So far we have not been able to determine the age of those bones.”

He said that investigation was still ongoing and that details of the case that police were able to share had already been given to the media.

On September 2009, inmates in ”Asseyri jail” discovered human bones buried two feet underground while they were digging the area to plant trees.

The same year, the President’s Office asked police to investigate the discovery and samples of the 14 bone fragments were sent to Thailand for DNA analysis.

In October last year, President Mohamed Nasheed said Human bones discovered in the site of the former Gaamaadhoo prison matched the age and estimated period of death of Abdulla Anees, Vaavu Keyodhoo Bashigasdhosuge, an inmate officially declared missing in the 1980s.

Nasheed that time said that forensic examination has identified the age of the deceased, while a former prison guard, Mohamed Naeem, of Gaaf Dhaal Hoadhendhoo Muraka, has told the police investigation that Anees died in Gaamaadhoo prison.

President Nasheed spent three years in Gaamaadhoo prison for dissident journalism in opposition to the rule of former President Maumoon Abdul Gayoom.

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Police officer caught with charged mobile phone batteries in Maafushi Prison

Head of Department and Penitentiary and Rehabilitation Services (DPRS) Mohamed Rasheed has confirmed that a police officer is being questioned for allegedly attempting to smuggle charged phone batteries to inmates at Maafushi prison.

”When he [the police officer] entered through the prison gates, our prison officers suspected that he was up to something,” said Rasheed. ”So prison officers followed him and made sure that something was going with him.”

After the prison officers were sure, Rasheed said prison officers immediately informed the police about the matter.

”Police searched his body and discovered those items on him,” he said. ”We did not search his body because he was a police officer and we thought it would be best to let the police do it.”

Rasheed said that a part of Maafushi Prison had been given to police temporarily to use to keep pre-trial detainees.

Police Sub-Inspector Ahmed Shiyam also confirmed that a police officer was caught with two charged batteries on him.

”We are investigating the case,” Shiyam said. ”Two extra mobile phones were found with him as well.”

In March last year, State Home Minister Ahmed Adil said several jail officers are being investigated on suspicion of helping inmates to bring mobile phones and drugs into cells in Male’ prison.

He also claimed that prison officers were helping inmates to bring in mobile phones and drugs.

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Local boduberu artist Meyna Hassan arrested in drug-related case

Famous local Boduberu singer and close ally of the ruling Maldivian Democratic Party (MDP) ‘Meyna’ Hassaan Mohamed has been arrested over a drug-related matter.

‘’It was a drug related case and at the moment we are not disclosing further information,’’ confirmed a police spokesperson. ‘’He was arrested last week.’’

A close friend of Meyna Hassaan told Minivan News that he was “not a bad person” who was also working in a good job when he was arrested.

‘’He likes to sing but sometimes gives up his career and grows his beard and becomes a religious person,’’ he said. “Then later he might give up being religious and start singing again.’’

An MDP Official said that Meyna Hassaan was a normal member of the party but had contributed his talents to the party on several occasions.

He responsible for composing the theme song for the MDP Local Council Election Campaign, and a song for the campaign of MDP MP Alhan Fahmy.

In September last year another famous Maldivian musician, reggae artist Haisham Mohamed Rasheed, was sentenced to 10 years prison for use and possession of less than one gram of cannabis.

Haisham, who is also the lead singer of the band ‘Palm Fever’, was arrested with a bag containing cannabis while at a resort to perform a live music show.

The Criminal Court convicted Haisham under Article 4 [a][1] of the Drug Act after he tested positive for cannabis, an illegal substance under the Act. Haisham received five years for using the drug and five years for possession.

President Mohamed Nasheed granted clemency to Haisham and suspended his verdict in March 2011.

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Sri Lankan man’s passport held for over a year in Reeko’s bootleg booze case

A Sri Lankan national has appealed to the Criminal Court to release his passport, which has been held for over a year in relation to a case concerning the discovery of hundreds of bottles of cheap alcohol  in a car belonging to Maldivian Democratic Party (MDP) Parliamentary Group leader ‘Reeko’ Moosa Manik.

The Court identified the expat as Muhaidhee Mohamed. Following his complaint the Court summoned the police investigator in charge of the case, Staff Sergeant Ali Faiz, who told the court the matter would be resent to the Prosecutor General this week.

Faiz told the Criminal Court that the leader of a group of expats involved in importing alcohol illegally to the Maldives had fled during the police investigation.

‘’We would like to note that it has been one year, two months and 10 days from the day he was arrested,’’ said the Criminal Court. ‘’He was released by the Criminal Court after he was kept in detention for two months.”

In February last year police arrested four expatriate men loading 168 bottles of whiskey and menthol gin into a car registered to Moosa, on the same day controversial liquor licensing regulations were unveiled by the Ministry of Economic Development.

Main opposition Dhivehi Rayyithunge Party Vice President Ibrahim Shareef then said he doubted the case “would go very far”, noting that “in the worst case scenario Reeko’s driver will be implicated and that will be the end of the story.”

The investigation into the case was concluded in October last year, and the case was sent to the Prosecutor General who rejected it and sent it back to police.

Police then said that the case was rejected because there was some necessary information was missing in the investigation.

Local media reported that during the court hearing during the investigation police told the judge that the main subject of the investigation was a person known only as  ‘Tin Tin’.

Moosa, who was in Singapore at the time of the incident, has maintained that his driver was bribed and the bottles were planted in his car to attack him politically.

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Dead baby found in swimming area

A police officer swimming in the track area on thew south side of Male’ this afternoon discovered the corpse of a premature baby underwater.

Police Sub-Inspector Ahmed Shiyam confirmed to Minivan News that a dead female baby was found in the track swimming area.

”The baby has now been taken to Indira Gandhi Memorial Hospital (IGMH) for examinations,” Shiyam said. ”We can’t confirm how old the baby is.”

IGMH spokesperson Zeentha Ali said doctors were currently examining the body and that the hospital would comment once the examination was complete.

Local media SunFM reported that the baby was bleeding when it was taken out of the water and that the umbilical cord was still attached. Haveeru published a picture of infant which appeared to have been put in a plastic bag.

In November last year another abandoned newborn female baby was discovered alive in some bushes near the Wataniya telecommunications tower in Hulhumale’.

As a Muslim country, abortion is illegal in the Maldives except to save a mother’s life, or if a child suffers from a congenital defect such as thalassemia. But anecdotal evidence points overwhelmingly to a high rate of abortion.

Examining the subject in late 2009, Minivan News referred to a 2007 report from the International Planned Parenthood Federation (IPPF) that concluded that widespread premarital and extramarital sex, high rates of divorce and remarriage (including sex between marriages), and poor access and practice of contraception could lead to a high number of unwanted pregnancies in the country.

The IPPF interviewed four demographically-diverse focus groups, and revealed that induced abortions were common among women and girls in Male’ with most ostensibly taking place in unsafe circumstances.

All four groups said that despite being illegal, sex outside of marriage was commonplace, especially among young people. Nor was it uncommon for married men to have affairs with unmarried girls.

The report found that the stigma of having a child out of wedlock compels women and girls to opt for abortions. Two focus groups of unmarried boys and girls asserted that abortion was widespread. Some said they knew of girls as young as 12 who had undergone abortions and each knew at least one person who had terminated a pregnancy.

However the IPPF never obtained government permission to formally carry out a wider study because of the qualitative nature of its research, and its findings were never acknowledged or made public.

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Police officer faints in court

The Criminal Court has said that a police officer who attended the court to request extension of detentions for persons arrested fainted inside the chamber last night.

”This incident occurred while he was presenting the request for extension of detention inside the Criminal Court,” said the court. ”The cause of this incident may be that he had to work long hours and was not fed.”

The court said the officer received no further injuries during the incident.

The Court noted that these days Male’ was in a harried condition and police and judges had been working very busy along with court staff.

”Many have been arrested by police on different charges lately. Last night 90 persons were brought before the judges,” said the Criminal Court.

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Umar Naseer among 30 arrested in fourth night of ‘cost of living’ protests

A fourth night of protests in the capital city of Male’ ended shortly after midnight with the arrest of 30 demonstrators, including former deputy leader of the opposition, Umar Naseer.

Protesters gathered at the artificial beach area made to march towards the intersection of Male’s main street Majeedee Magu and the tourist strip Chaandhanee Magu, the focal point of the protests so far, but were blocked by police.

Thirty people were taken into custody with most later released, including two men delivering a pizza and the former Deputy Leader of the opposition Dhivehi Rayyithunge Party (DRP), Umar Naseer.

“Umar Naseer was trying to make the situation worse and was not obeying police orders,” Shiyam said, adding that the former deputy leader was released later in the evening.

Naseer was dismissed from the Dhivehi Rayyithunge Party (DRP) last year by the party’s disciplinary committee, for organising protests without the authorisation of the party’s Council.

His dismissal from the party led to an acrimonious factional split, after the Elections Commission upheld the DRP’s decision to strike Naseer from the party’s membership register.

Last Thursday the ‘Z-DRP’ faction – named after the former president and ‘honorary leader’ Maumoon Abdul Gayoom, announced it was “commencing work”. The party has maintained that the four nights of violent protests since then are ‘youth-led’ demonstrations against the rising cost of living.

After being blocked by police, protesters – fewer than previous protests this week – split into groups and began gathering in areas across the city demanding Naseer be released.

Police did not use much force until a group of protesters came near the Chaandhanee Magu intersection and attempted to gather in the area.

Minivan News observed police aggressively dispersing protesters in the intersection with violent force. Well-known comedian Yousuf Rafeeu ‘Yousay’ was among the protesters and was reportedly injured and admitted to Indira Gandhi Memorial Hospital (IGMH), after a group of unknown assailants attacked him while he was attempting to run away from police.

Unlike previous protests this week, Minivan News did not observe a large gathering of Maldivian Democratic Party (MDP) supporters attempting to clash with anti-government demonstrators.

Police continued to arrest small groups of protesters until 2:30am, using cable ties to restrain them and removing them from the scene.

Police also confiscated a pickup truck carrying speaker equipment they said was being used disruptively. It was later returned to its owner.

Police Sub-Inspector Ahmed Shiyam said shop owners around the intersection had begun complaining to police that the protests were adversely affecting their businesses. have been gathering – the intersection of Male’s main road Majeedeee Magu and the tourist strip on Majeedee Magu.

“The area has among the most expensive rents in Male’ and shop owners are complaining to us that they have been unable to profit every night of the riots, which are taking place during their peak trading hours,” Shiyam said. “They are taking huge financial loses.”

Deputy Commissioner of Police had Mohamed Rishwan yesterday announced that protests would be restricted to the open artificial beach and the tsunami monument areas in Male’, unless prior permission was given by police or Male’ City Council.

The week of protests has attracted international coverage. Spokesperon for former President Gayoom, Mohamed ‘Mundhu’ Shareef told Associated Press that the protesters had done nothing unlawful in trying to demonstrate in the intersection, as the constitution permitted protests at any place without notice.

The opposition has announced a large-scale demonstration on Friday, with reports that supporters from islands are being brought to Male’ for the protest.

The government has said it “welcomes peaceful protests and respects the right to freedom of assembly”, and acknowledged concerns about the economy, yesterday halving import tariffs on diesel.

However President Mohamed Nasheed’s Press Secretary, Mohamed Zuhair, accused former President Gayoom “of taking advantage of economic situation to cause violence in the streets. These protests are more to do with Gayoom trying to shore up his position in the opposition, than the state of the economy.”

“It is unclear what Mr Gayoom hopes to achieve through violent protest. His faction says it wants ‘the price of things’ to fall. Perhaps Mr Gayoom could explain how throwing bricks, smashing windows and torching motorcycles helps reduce the cost of living,” Zuhair said.

Meanwhile, Hong Kong yesterday became the first state to issue a travel advisory for the Maldives, raising the country to ‘amber’.

China’s Xinhua news agency reported a government spokesperson as saying that “Those who plan to visit the Maldives or are already there should monitor the situation and exercise caution.”

The threat indicator now ranks the Maldives alongside Israel, Iran, Indonesia, Russia and Pakistan.

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