Tag: police

High Court upholds lower court’s ruling to reinstate officer accused of rape

The High Court has upheld a Civil Court ruling to reinstate Police Lance Corporal Ali Nasheed to active duty, after he was accused of raping a young woman after abducting her in a police car in August 2010.

The High Court ruled there was not enough evidence to prove that Ali Nasheed was guilty of the crime and determined that he could only be relieved of duty if there was enough evidence to prove him guilty.

The state was unable to prove with the police investigation that Ali Nasheed was guilty of the crime, the court stated.

The High Court ruling stated that Ali Nasheed was dismissed by the Police Disciplinary Committee after allegedly violating the Police Code of Conduct and Code of Ethics.

The only evidence submitted to the court against Ali Nasheed was the call log of his cell phone on the night of the incident, and the areas in which the cell phone had been used that night. Those areas were related to the incident, the court was told.

The High Court noted that Nasheed had told the lower court that he was sleeping at the time of the incident and that his brother went out with his cell phone that night, and that he had nothing to do with the call log. Nasheed produced his brother to the court who confessed that he was the one who went out with Nasheed’s mobile phone.

The High Court said that when the Disciplinary Board investigated the case they did not obtain fingerprint evidence or DNA evidence from the police car S5241 that was alleged to be involved in the incident.

There was no evidence provided to the court to prove that Nasheed had met with or contacted the woman who was allegedly raped, the court stated.

Police Chief Inspector Risheef Thoha and Former ‘Mr Maldives’ Police Constable Husham Hameed alleged of being involved and playing a significant role in the incident.

The Police Disciplinary Committee relieved the officers of duty but the cases were then appealed at the Civil Court.

The Civil Court ruled that there was enough evidence to prove Police Chief Inspector Risheef Thoha guilty of the crime and upheld the Disciplinary Committee’s decision.

However, in August this year, the High Court overruled the decision made by the Civil Court and ordered that police reinstate his duties at the rank of Chief Inspector.

In August 2011 a close friend of the alleged victim told Minivan News the incident had occurred near the Seahouse restaurant in Henveiru.

“She would not be older than 22 years, she was friends with the police inspector,’’ the source said. “According to what she told me, she was partying with a group of four police officers, including a senior inspector, and they were all drunk.’’

He alleged that the incident occurred inside a police car.

“She said they threw her onto the street after sexually abusing her,’’ the source added.

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Police arrest staff, landlord of ‘Sondo Bon Beauty Care’ salon on charges of prostitution

Police raided the Sondo Bon Beauty Care Salon on Monday night following reports that a group of people were conducting a prostitution ring inside the salon.

Police raided the salon at 8:00pm on Monday night and arrested three Thai women and two Maldivian men.

According to police, the Thai nationals were aged 21, 24 and 36 and the Maldivian men arrested were aged 30. The landlord was 65 years-old.

Police obtained a search warrant from the court and discovered items used for sexual purposes, as well as MVR 68,000 (US$4415) and US$200 in cash.

Police said it was the second time police had to close the business. According to police, the same business was closed during an operation police conducted on May 2.

Those arrested were brought before the court which extended the detention period of the Thai nationals and the landlord to 15 days. The other men were sentenced to 10 days in custody.

Previously, the Islamic Ministry claimed police had confiscated MVR 63,000 and US$2,640 allegedly obtained through prostitution.

In the most recent salon raided, police discovered materials used for sexual activities, as well as controlled drugs,  US$2000 in forged currency, a large amount of money suspected to have been gained through prostitution, five bottles of unspecified alcohol, and a further three empty bottles.

Shutting down spas and massage parlors doubling as brothels was a key demand of a ‘mega protest’ on December 23 organised by eight political parties and religious NGOs to ‘Defend Islam’ against the allegedly liberal policies of the ousted Maldivian Democratic Party (MDP) government.

Adhaalath Party President Sheikh Imran Abdulla claimed during the December 23 demonstration that there were over 60 brothels operating in Male’ alone, double the number of mosques in the capital.

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PIC report calls for action against rogue police, holds former Commissioner Faseeh accountable

The Police Integrity Commission (PIC) has published a summary of one of its three reports concerning the February 2012 events on their website.

Of the three separate reports the PIC has said it will release, the one published today (in Dhivehi) covers the events the investigation carried out to see if the police had committed any unlawful acts during the events of February 6 and 7, which led to the controversial transfer of power in the Maldives.

The report highlights nine different incidents. In five of these, the report states that the commission will further investigate the role of the police and take necessary legal action.

It explains that the investigation was carried out with reference to videos downloaded from the internet, CCTV footage, interviews and phone logs. It emphasises that all conclusions were reached in the light of information uncovered from the above-mentioned means and the existing legislative framework.

According to the report, all conclusions were reached with the unanimous agreement of all five members of the commission.

Regarding the matter of police withdrawing from and returning to the Artificial Beach on February 6, the report states that the order to retreat was given by then President Mohamed Nasheed. It goes on to say that in refusing to obey this command, the police in the area had been acting in accordance with provisions in the constitution and the police act, while concluding that then Commissioner of Police Ahmed Faseeh, Deputy Commissioner of Police Ismail Atheef, Chief Superintendent of Police Farhad Fikry, Chief Superintendent Mohamed Hameed, Superintendent Ibrahim Adnan Anees and Superintendent Ahmed AbduRahman had acted against these laws, namely Article 244(a) of the constitution, Article 6 (8) of the Police Act and the official police oath.

The report states that the commission believes that police occupying Republican Square had made valid and justifiable demands. It details these demands to have been for the Commissioner of Police to meet them, agree to not give them any more unlawful commands, and to provide a guarantee that no action would be taken against the officers for the events of that night.

While highlighting that police themselves have a constitutional right to go on strike, the report notes that it was wrong for them to have remained in the Republican Square after civilians joined the area and the gathering turned into a politically-motivated one. The report notes that it was some among these citizens who called for the resignation of then President Mohamed Nasheed.

With reference to the damage caused by officers to the police headquarters, the report says: “With reference to the videos and accounts reviewed by the commission, we have found that some among the police officers gathered in the Republican Square on February 7  entered the [police HQ] Shaheed Hussain Adam Building, damaged property, broken the panes of a window, took down the police flag, threatened senior officers and committed violent acts against them. These are disciplinary and criminal offences which should not have been seen from police officers.”

It furthermore states that these will be treated as separate offenses and legal action would be taken against those involved.

In contrast to the general account of events, the PIC in its report states that supporters of MDP and other civilians had marched into the area where the police were chanting their mission statement. The report claims that this led to clashes in which persons from both sides sustained injuries. It notes that the MDP were allowed to approach the police because MNDF officials who were tasked with cordoning off the area had retreated.

The PIC further claimed that its investigations had uncovered that police had entered the MDP ‘Haruge’ only with the intention to catch some individuals who had attacked the police at the Artificial Beach, and then run to the Haruge to hide. It also noted that people and property in the Haruge were attacked by both police and “some other persons”, stating that the commission would further investigate the role of the police in the incident, and take any required legal action.

On the issue of the takeover of the state TV channel, MNBC One, by police, military and opposition demonstrators, the report observed that the police went to the channel’s offices under the orders of an unnamed senior level commander. It states that they went to “provide protection to the channel” since it had received information that some civilians had entered and were vandalising state property within its premises.

The report states that police had been able to enter the MNBC premises after two attempts because a group of civilians were attacking them with sticks and stones outside the building. It describes the police entry into MNBC:

“Tear gas was used as police were unable to enter the MNBC premises due to attacks from civilians outside. The gate was locked, so police fired teargas with a riot gun into the premises through an opening in the gate. The police are authorised to use this weapon. Tear gas was fired inside in case there were people inside who might again attack the police. The gate was opened merely by thoroughly shaking and pushing it.”

The report notes that although the police used a “strict attitude” which “checking” the station, they did not commit violent acts against the people there. It also says that the police did not in any way attempt to influence the channel’s broadcasting. It states that the police checked the premises to see if any outsiders were there, and then retreated from the building. The PIC defends police’s actions in this matter by stating they were in accordance with Article 2 and 4 of the Police Act.

As a final point of investigation, the report notes that some police officers were injured in clashes between the officers of MPS and the MNDF. It holds then Commissioner of Police Ahmed Faseeh accountable, quoting negligence, and states that the commission will take legal action against him.

The only recommendations in the report are directed for action from the Minister of Home Affairs. The recommendations are that the police institute remain free from political influences, and for the establishment of a working environment where the police could work without bias and with equability and fairness.

“A noble request can be made in an unlawful environment”

President of the Police Integrity Commission, Shahindha Ismail, speaking to Minivan News today expressed concern that some local media were misinterpreting the PIC report.

“The PIC does not collectively call the actions of the police on the 6th and 7th of February constitutional.”

“A very noble request or demand can still be made in an unlawful environment. This is what we are saying. The demand by the police to not give them unlawful commands was within the boundaries of law. But that they had remained there, with civilians, as part of what had escalated into a politically motivated gathering is wrong.”

Shahindha further said that the fact that many of the incidents highlighted in the report called for more investigation and action against police, confirming that the PIC did not endorse police action of the days in question as lawful.

PIC has previously said that it meant to release the reports before the CNI report. Shahindha said that the delay had been due to complications during the in-depth investigation.

President Nasheed’s nominee to CNI, Ahmed ‘Gahaa’ Saeed, when sharing his reservations with the press, had expressed disappointment that the CNI had not received the PIC report during the inquiry phase.

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“Ladders now broken”, Umar Naseer tells police

Progressive Party of the Maldives (PPM) Interim Deputy Leader Umar Naseer was summoned to the police headquarters today for questioning over statements he made during a rally held last December.

Speaking to the press outside police headquarters, Naseer said that police had a script of what he said during the protest on December 23 near the Maldives Monetary Authority (MMA).

Naseer told the press that during the protest he spoke to the protesters about climbing “somewhere” using ladders.

A report by former Environment Minister Mohamed Aslam and National Security Advisor Ameen Faisal into the former government’s intelligence prior to February 7 noted remarks by Naseer during asking for 2,000 volunteers to storm army barracks with 50 ladders, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer reportedly said. “We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

Naseer told journalists outside police headquarters today that “I have been questioned over this previously. I told them that those ladders were not used and have broken now.”

‘’There will be no evidence to prove me guilty of a criminal offence,’’ he said. ‘’In my statement I did not mention where to place the ladders or where to climb in using the ladders.’’

He also told the press that there was a political purpose behind his summoning to police for questioning over the same case for the second time.

Naseer insisted that his summons was related to the “political challenges” between parties in the current coalition government.

Naseer was unavailable for comment at time of press.

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Crowd confronts police after officers arrest “wrong suspect”

Residents living in Bodurasgefaanu Magu behind the football stadium in Male’ on Monday night confronted a group of uniformed police from the Special Operations (SO) and Drug Enforcement Department (DED), alleging the officers had beaten and arrested a young boy in a case of mistaken identity.

A police officer was attacked by group of young men on Dhonadharaadh Hingun some time between 10-11pm. The residents of Bodurasgefaanu Magu claimed that the officers had returned in a group and “sought revenge” against the wrong person.

The group, consisting of 30-50 men and women, confronted the police bus and shouted at the officers.

“We were all here when a group of boys went beating a police officer, and a few minutes later this huge group of police officers came running over and severely beat the wrong boy who just arrived in the area minutes ago,’’ an elderly man in the area said, at the scene.

“We all cried and shouted to let them know that it was the wrong boy, but they would not listen they carried on hitting him in the back and head with their batons, and pushed him really hard into the bus,’’ the man said.

A second police bus later arrived in the area, where the crowd were still gathered, officers tried to talk with the people.

“Is it that you are blind or deaf that you did not hear or see all these people around here that were yelling at the top of their voice that you are beating the wrong boy,’’ a middle-aged man told the officers. “This is too much,” he said.

People gathered around the bus and began shouting at the police. The bus left the area and did not come back.

Police Sub-Inspector Hassan Haneef told Minivan News that he will clarify the matter and inform the media. However he had not responded at time of press, and was not answering further calls.

Police have previously responded to similar cases by requesting that such allegations be referred to the Police Integrity Commission (PIC), which is mandated to investigate complaints of police misconduct.

President of the PIC, Shahinda Ismail, expressed concern to Minivan News this week about a growing culture of police impunity.

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

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Reeko Moosa summoned by police for “disrespecting judiciary”

Chairman of the Maldivian Democratic Party (MDP) ‘Reeko’ Moosa Manik has been summoned to appear before the police at 4:00pm Tuesday, in relation to two cases regarding “disrespect of the judiciary”.

Moosa, who was issued with an official note requesting his presence at 1:30pm Monday afternoon, told local media that he was unaware of any cases involving him.

“This is a tactic to intimidate me and the MDP members. I also believe that this an attempt by some of the parties in the coalition government to impede the current Leaders’ Dialogue,” Moosa told Haveeru.

Moosa was not responding to calls at the time of press.

The summons comes the day after Moosa participated in the first round of party talks following the publication of the Commission of National Inquiry (CNI) report, which ruled February’s transfer of power to have been constitutional.

At yesterday’s ‘Leaders Dialogue’, Moosa requested clarification of the MDP’s position in the apparently-legitimised government.

Police Spokesman, Sub-Inspector Hassan Haneef, told Minivan News today that the cases were lodged on March 21 and April 24 this year.

Haneef said that the cases of disrespecting the judiciary related to comments Moosa had made during political rallies.

Reform of the judiciary was one of the primary concerns of the previous MDP government, eventually culminating in the military’s arrest of Chief Justice Abdulla Mohamed in January this year.

This incident lent greater fervour to anti-government demonstrations which peaked on the night of February 6, prompting then-President Mohamed Nasheed’s resignation the next day amid a police and military mutiny.

Home Minister at the time, Hassan Afeef, accused Judge Abdulla of, amongst other things, ordering unlawful investigations, disregarding the rulings of higher courts and releasing dangerous suspects who went on to commit further crimes.

The Judge in court quashed his own summons by police, leading Nasheed’s administration to turn to the military to make the arrest. The CNI report described that arrest of Judge Abdulla as “an unconstitutional and unlawful act.”

Nasheed, former Defence Minister Tholath Ibrahim Kaleyfaan, and three Maldives National Defence Force (MNDF) officers are currently awaiting trial in relation to Judge Abdulla’s arrest.

After the release of the CNI report, Nasheed requested that this trial be expedited and has been reported as being keen to have his day in court.

The CNI also found that acts of brutality had been committed by the police on February 6, 7 and 8 and urged that these instances be investigated.

Moosa himself was left in a critical condition after being brutally beaten by police officers on February 8.

Despite the findings of the report that the police mutiny of February 6 did not amount to a coup, the past week has seen continued discussion of the politicisation of the police force.

“Every citizen would want to shape the Maldives Police Service in a way to make it free from political influence,” Dhivehi Rayyithunge Party Leader Ahmed Thasmeen Ali reportedly said on Saturday.

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Police officer kidnapped during a special operation conducted to arrest four men carrying alcohol

Police have said an officer was briefly kidnapped on Friday (August 31) during a special operation to crack down on a safari b0oat operator suspected of illegally supplying alcohol from a vessel moored in Hulhumale’ lagoon.

The special operation was conducted by the police Drug Enforcement Department (DED) following intelligence reports received by authorities that four men were allegedly unloading alcohol from a safari boat kept in the waters of Hulhumale’ to supply alcohol illegally on land.  Over 100 bottles of alcohol and forty cans of beer were later discovered during the operation, police have claimed.

Speaking to media at the Iskandar Building, DED Head Chief Inspector Ahmed Azhan said that two men from the safari boat came to Hulhumale’ jetty in a small dingy before being confronted by a police officer.  After the officer stepped onto the dingy to confront the men, the boat reportedly moved away from the jetty with the member of the police on-board.

Azhan told local press that a number of other police officers pursued the suspects in their own dingy that had been kept nearby.  Police eventually recovered the officer.

According to Azhan, officers then searched the dingy and found three bottles of alcohol inside a bag.

Police officers then went onboard the safari vessel to conduct a search that found alcohol bottles stored at different parts of the safari boat without any apparent arrangement or order.

Police said 106 bottles of alcohol and 40 cans of beer were found on the vessel once the search had been completed.

Azhan said the safari boat had the license to have alcohol on-board and noted that there were required procedures to follow for supplying such goods – procedures which the vessel’s operators had failed to maintain.

He also said that one of the four men arrested was a Maldivian male 42 years of age.  The other three individuals were all expats aged 27, 32 and 42.

Police have not so far disclosed the nationality of the expatriate workers on the boat, but said all four men were employed as staff on the safari vessel.

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Government claims all-party talks consensus as MDP maintains “early” election calls

The President’s Office has claimed all-party talks held last night at Bandos Island Resort and Spa concluded with senior representatives for the government and the nation’s political parties agreeing to move ahead through parliament to address the discussion’s key aims.

President’s Office Media Secretary Masood Imad told Minivan News that the all-party talks – the last of which, held in June, failed to reach a consensus on an agenda that included setting dates for early elections – saw representatives agreeing on revising the aims of the talks to reflect the findings of the Commission of National Inquiry (CNI).

However, the opposition Maldivian Democratic Party (MDP), which continues to criticise the CNI findings – alleging they lack key witness testimonies and evidence – has today said it remained committed to pressing for early elections at the earliest possible date in line with calls from the European Union.

The comments were made after the CNI, charged with investigating the circumstances around the controversial transfer of power on February 7, concluded that the government of President Dr Mohamed Waheed Hassan came to office constitutionally.

The Commonwealth, which backed the CNI under a reformed mandate and composition, yesterday called for report’s outcome to be respected – a stance shared by the US, India and the UN.

Following the CNI’s conclusion yesterday, Masood claimed the talks, which were attended by President Waheed, MDP Chair and MP ‘Reeko’ Moosa Manik and Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali, “successfully” agreed to amend the aims of the talks. He added that these amended aims would now likely be addressed through the People’s Majlis rather than through continued external discussions.

Masood added that in light of the CNI’s findings, representatives at yesterday’s talks agreed on a new agenda, such as addressing legislative issues through parliament.  He contended that this work could potentially be dealt with through the formation of a special all-party parliamentary committee.

Speaking to Minivan News yesterday, DRP Leader Thasmeen said ahead of the talk that he believed the focus of discussions, which had previously outlined an agenda including potentially agreeing early elections for this year, “should now change”.

“There had previously been serious contention over the transfer of power. At this point we had been willing to discuss early elections. I think these questions have now been answered [with the CNI report]. It is now time for national reconciliation,” he said.

Thasmeen contended that the talks would likely no longer focus on agreeing a date for early elections, which President Waheed has previously said under the constitution can be scheduled for July 2013 at the earliest.

“I think it should be possible to move on and try finding common platforms for agreement,” he said at the time.

Both Progressive Party of Maldives (PPM) Interim Deputy Leader Umar Naseer and MDP Chair Manik – who were both representing their respective parties at the talks – were not responding to calls from Minivan News at the time of press.

MDP MP and Spokesperson Hamid Abdul Ghafoor said today that in spite of the CNI outcome, early elections remained a “key” focus of the opposition party going forward.

According to the MDP, the Commonwealth had not yet announced a change in its policy of pressing for early elections to be held this year to address the current political stalemate in the country.

Ghafoor added that he had also been encouraged by comments made by President Waheed in local media to hold talks between the leaders of the country’s parliamentary parties and himself, discussions he contended that would be limited to five key Majlis representatives.

In outlining the future focus of the party’s plans, former President Mohamed Nasheed was on Friday expected to hold a conference at 4:00pm in Male’ at the Mookai Hotel on Meheli Goalhi.

Addressing the party’s conduct following the CNI report yesterday, the MDP claimed that it believed 60 people were arrested during yesterday’s demonstrations as a result of an ongoing special operation launched by police in attempts to reduce unrest in the capital and wider atolls.

According to Ghafoor, the party was itself concerned with the large number of officers wearing balaclavas as they patrolled the capital, making it impossible to identify them individually.

“They were singing at MDP protesters and mocking them to try and provoke the public,” he claimed. “I myself observed spontaneous protests yesterday that were not organised offcially by the party. These were people who walked out of our national conference meeting yesterday. This situation saw a large number of arrests late into the night.”

According to official police figures, 50 people had been arrested as of yesterday afternoon. Of these suspects, seven were female and one person was classed as a minor.

By midnight, authorities confirmed that a further 13 people had been taken into custody. All suspects were charged with obstructing police in performing their duties.

Police Spokesperson Sub-Inspector Hassan Haneef today confirmed local news reports that police would be arresting any member of the public heard calling officers “traitors” or alleging they had played part in a “coup”.

Haneef did not clarify if any arrests had been made on these grounds at the time of press.

Police said earlier this week that they will provide full support and security services to the demonstrations held “peacefully and within the contours of laws”.

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High Court invalidates Hulhumale’ court’s rejection of case against former president

The High Court has invalidated the decision of the Hulhumale’ Magistrate Court to rule it did not have the jurisdiction to proceed with lawsuits pressing charges against former President Mohamed Nasheed and certain defence figures serving under him.

The Prosecutor General (PG) initially submitted the cases against the Former President, former Defence Minister Tholhath Ibrahim and three Maldives National Defence Force (MNDF) officers for their alleged role in the “unlawful detention” of Criminal Court Chief Judge Abdulla Mohamed.

The High Court ruling stated the case was based on the “unlawful detention” of a person, adding that magistrate courts have the jurisdiction to proceed with such cases.

The ruling also said that as the incident occurred in Male’ area, the Hulhumale’ Magistrate Court again had the jurisdiction to proceed with the case.

On July 18, the Hulhumale’ Magistrate Court rejected a case filed by the Prosecutor General’s (PG’s) office against former President Nasheed and former Defence Minister Tholhath Ibrahim as well as three other senior military officers over the arrest of the judge.

Hulhumale’ Court Magistrate Moosa Naseem told Minivan News at the time that the case was sent back to the PG’s Office after the court decided that it did not have the jurisdiction to deal with such cases.

“We studied the case and we found that we do not have the jurisdiction to deal with the case according to article 66 of the Judicature Act,” Naseem explained.

According to the Judicature Act, Naseem said, the Hulhumale’-based court can only accept the case after the Chief Justice issues a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council as stated in the article 66(b) of the Act.

Article 66(b) of the Judicature Act states that: “in accordance with section (a) of this article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.”

On January 16, Chief Judge Abdulla Mohamed was detained by the military, after he had opened the court to order the immediate release of former Justice Minister, current Home Minister and deputy leader of the Dhivehi Quamee Party (DQP), Dr Mohamed Jameel Ahmed.

In late 2011, Judge Abdulla was himself under investigation by the JSC, the country’s judicial watchdog, for allegedly politically biased comments made to private broadcaster DhiTV. The Judicial Services Commission (JSC) was due to release a report into Judge Abdulla’s ethical misconduct, however the judge approached the Civil Court and successfully filed an injunction against his further investigation by the judicial watchdog.

The Nasheed administration accused the judge of political bias, obstructing police, stalling cases and links with organised crime, describing him as “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights violations and corruption cases.

Judge Abdulla’s arrest sparked three weeks of anti-government protests in January, leading the Nasheed administration to appeal for international assistance from the Commonwealth and UN to reform the judiciary.

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