Police arrest 13 during MDP march held to mark February 8 police brutality

Police have confirmed the arrest of thirteen Maldivian Democratic Party (MDP) members during a march held to commemorate a brutal police crackdown on peaceful protesters on February 8.

Hundreds set out from MDP’s protest camp at Usfasgandu area around 2:00pm in the afternoon and gathered near the government office complex Velanaage. Riot police set up barricades and blocked all streets leading to the area.

Police Spokesperson Hassan Haneef said the 13 arrested had attempted to cross police barricades and obstruct police duty. Minivan News also observed police confiscating several MDP flags.

“The police are categorically targeting, physically assaulting, harassing and torturing MDP members and parliamentarians,” MDP MP Imthiyaz Fahmy told Minivan News.

“The state’s independent institutions such as the Human Rights Commission (HRCM) have been noticeably silent even though international bodies have issued several reports on the matter,” he added.

The MDP has held regular and well-attended rallies since the transfer of power on February 7. The party alleges President Mohamed Nasheed was deposed in a coup d’état and have called for early elections.

Amnesty International has released multiple statements since the transfer of power on February 8, condemning excessive use of force against demonstrators. In its most recent statement on June 11, Amnesty noted police attacked, beat and pepper sprayed peaceful demonstrators, members of parliament, journalists and bystanders during an MDP protest on May 29.

However, police have denied Amnesty’s allegations, claiming only the “minimum required force” was used in arrests.

Fahmy raised concerns over criminal charges against MDP protesters while police brutality allegations remain uninvestigated.

He also condemned the Majlis’ silence regarding attacks on MDP parliamentarians. Several MDP MPs were assaulted and sustained severe injuries on February 8. Meanwhile, the police have filed charges against Fahmy for allegedly attacking a female police office on May 29. Fahmy said the charges had been “fabricated.”

In May, the Police Integrity Commission (PIC) forwarded a case involving the assault by a police officer against a MDP protester on February 8 to the Prosecutor General’s office.

The PIC has alleged that Staff Sergeant Ali Ahmed assaulted Mohamed Niyaz of Fares-Mathoda in Gaaf Dhaal Atoll on February 8 is a display of excessive force. Video footage revealed Ahmed kicking the victim while he was on the ground.

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Police forward Hassan Abubakur murder case to PG

Police have concluded their investigation into the murder of 65 year-old Hassan Abubakur on Maafaru island in Noonu Atoll, and forwarded the case to the Prosecutor General’s office.

Three suspects were identified as involved in the case: Ahmed Naushad, 27 of Irufa house in Galolhu ward, Akram Abdul Fathaah, 18 of Maafaru Island and Mohamed Faisal of Isdhoo Island in Laamu Atoll.

Hassan Abubakur was found murdered inside his own house on May 30 at around 6:00pm on the island of Maafaru in Noonu Atoll.

“Neighbors living near his house noticed that he had not been coming out at all, and went in to see what was going on and found his dead body,” Ahmed Shareef, President of the Island Council of Maafaru, told Minivan News at the time.

“I saw inside the house after the incident, it seems that some people tried to steal something from the house, because the things inside his house were not arranged as they usually were,’’ he told Minivan New. “Some cupboard doors were opened and some things supposed to be kept on the table were dropped on the floor.”

Head of Maafaru Island Health Centre Ali Shareef suggested that the victim had received a large amount of cash in a lump sum through the elderly persons’ pension scheme, as he had not received it for a long time. The assailants may have killed him in an effort to steal the money, Shareef speculated.

The elderly man’s legs were tied and a pillow was on his face when his body was found, Shareef told Minivan News, according to islanders who witnessed the body.

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Three men and a woman arrested with large amount of cash and drugs

Three men and a woman have been arrested in possession of illegal drugs and a huge amount of cash, according to police.

Police said the four were arrested yesterday afternoon at about 2:40pm in a special operation conducted following a report received by police intelligence.

The police have not identified the house and the arrested persons but have said a 20 year-old man, 27 year-old man, 27 year-old man and a 29 year-old woman were arrested.

According to police, 10 packets of illegal drugs were found inside a cupboard in the house and the Rf 30,000 (US$1950) was found when the police searched the 20 year-old man.

US$1100 and Rf 3000 (US$195) was found on the 27 year-old man, police said.

The Police Drug Enforcement Department is further investigating the case.

Furthermore, police today said that the case, in which three men broke open a motorbike’s seat and stole Rf 200,000 (US$13,000) stored under it, to the Prosecutor General after concluding the investigation in to the case.

The three suspects involved in the case were identified by the police as Ahmed Areesh, 26, of Maafannu Gulsampaage, Afir Mohamed of Gaafu Dhaalu Atoll Rathafandhoo, and Wafir Mohamed.

The three were arrested on May 30 in a operation police conducted to capture them. They were arrested along with valuable items they had bought with the money. The remainder was recovered, police said.

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Couple confess to killing Lawyer Najeeb, accuse him of sexual assault

The 29 year old ex-convict charged with Lawyer Ahmed Najeeb ‘s murder has today confessed to killing him, claiming that the lawyer attempted to sexually assault his 18 year-old girlfriend.

The girl, identified as Fathimath Hana of Rihab house in Shaviyani Goidhoo island, also faces murder charges in the case and was brought before the Criminal Court this afternoon, where she confessed to “helping” her boyfriend to kill Najeeb.

Each hearing was held separately. Hanaa first testified in court, followed by Murrath.

Hanaa noted that Najeeb arrived to the  Maafanu Masroora on Saturday night around 10:00pm, on a request to discuss a family legal case.

Masroora house is the residence of suspect Murrath and the place where the 65 year-old lawyer’s body was found stuffed inside a dustbin, badly beaten up with multiple stab wounds on Sunday evening.

She said that her boyfriend killed him after it became “sure” that Najeeb attempted to sexually assault her, and added that she  helped tie Najeeb’s hand, legs and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.

Najeeb’s cash card was taken from him and the pair had withdrawn money from it.

According to Hanaa, she did not know that the victim was killed until her boyfriend woke her up and told her about it around 4:00am. At the time Hanaa said she was sleeping, intoxicated from drinking alcohol.

Her boyfriend corroborated the confession in his statement, saying that she was asleep when he killed the lawyer.

Murrath said he was present when Najeeb came over to the house to discuss the legal case and he became suspicious so asked Hanaa if something was wrong. Hanaa told him that Najeeb had grabbed her hands and hurt her, Murrath added.

Murrath said that he killed Najeeb out of anger and apologised to the family members present at the hearing for committing the crime.

The police had earlier noted that Murrath tested positive for drugs when he was brought under custody. He is a former inmate conditionally released under the Second Chance program for inmates with drug offences.

Police said he had an 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

If none of deceased victim’s heirs agree to accept blood money, under Islamic Sharia, Murrath and his girlfriend will be subjected to death penalty. The Criminal court is expected to rule on the case tonight after taking statements from the family.

Traditionally in Maldives death penalties are commuted to life imprisonment.

However Najeeb’s death has resulted in a public outcry to implement death penalty for convicted murderers. It also became the first murder case in the Maldives to be investigated and prosecuted in a court in less than 48 hours.

Following some criticism that the police had prioritised the case as the victim was a lawyer,  police media official Sub-Inspector Hassan Haneef responded that Najeeb’s case was investigated and forwarded to court faster than other murder cases because the suspects had confessed to the crime during the trial to extend their detention, and that all forensic evidence necessary to prosecute the case had been found.

“We do not discriminate in cases,” Haneef added.

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Lawyer Najeeb murdered: Supreme court and AG call for action as public demand death penalty

The judiciary and authorities have come to high alert after prominent Lawyer Ahmed Najeeb was found brutally murdered on Sunday night.

Police were called to second floor apartment in Maafanu Masroora house in the capital Male’ at around 6:45pm yesterday evening, where they found 65 year-old Najeeb’s body inside a large dustbin, gagged, badly beaten up and stabbed multiple times.

According to eye witnesses, his face was lobotomised with a knife beyond recognition, and a blade was found stuck underneath his chin.

Though police have not revealed details of the case they have confirmed that a suspect, identified as 29 year-old Ahmed Murrath, has been arrested in connection to the murder. His 18 year-old girlfriend is also also being questioned by the police, according to some media reports.

Murrath, who is registered as residing at the house where lawyer’s body was found, is reported to be a convicted criminal released under the former government’s Second Chance Program, under which over 300 inmates incarcerated for drug offences were conditionally released.

Devastated family members of Najeeb and friends were seen crying at Indira Ghandi Memorial Hospital (IGMH) last night as the hospital official conducted the medical examination of the body.

“He was so badly beaten up and stabbed. Everyone is so shocked and devastated. He is a very nice and kind man. Why would someone to something so horrible?” said a relative of  the victim.

According to early reports, Najeeb was providing legal counsel in dividing the house, Masroora, between its heirs. Police have yet to give confirmation of this.

He is scheduled to be buried after Asru prayer this evening.

Judiciary on alert

Meanwhile, Najeeb’s background as a lawyer and writer has prompted both Attorney General Aishath Azima Shakoor and the apex court to take the unprecedented step of issuing statements condemning the murder.

He is the sixth victim to be killed this year, while several others have been brutally injured in a spate of gang violence across capital Male’ and atolls.

The Supreme Court said that “attacks against lawyers will not be tolerated” and that it takes every necessary measure to provide protection and security to lawyers.

“Crimes like these are committed with utter disregard to dignity entitled to the people, and are beyond the boundaries of humanity. When such crimes occur, the whole society plunges into fear and chaos,” the statement read.

Therefore, it adds, taking action against the attacker responsible for Najeeb’s murder is necessary for both public security and peace.

The Attorney General’s Office meanwhile echoed the apex court’s statement, emphasising that lawyers today are serving in an “increasingly dangerous environment.”

The AG’s Office reported that Azima made clear the need for prompt actions to make sure such crimes are not repeated.

Calls for death penalty grows

Home Minister Mohamed Jameel Ahmed, speaking at a press conference today, repeated his call for a decision on the implementation of the death penalty in relation to such crimes.

“We want death for death,” a crowd gathered near IGMH last night shouted, as Najeeb’s body was brought to the ambulance.

In recent times gang violence, burglary, mugging, sexual abuse of children and murders are increasing to levels of alarming concern in society, and the rise in criminal-related death tolls have provoked public pressure to implement the death penalty or capital punishment in the Maldives.

Under Islamic Sharia, the death penalty is the punishment of a murderer (one who kills deliberately) and that he is to be killed in retaliation (Qisaas) unless the victim’s next of kin let him off or agree to accept the ‘Diyah’ (blood money).

Although death sentences are issued by courts in the Maldives, traditionally those sentences a commuted to life imprisonment under the power vested in the President.

From January 2001 to December 2010, a total of 14 people were sentenced to death by the courts, and none from them have been executed. The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republican President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

Following  reports of the murder, the government-aligned Progressive Party of the Maldives (PPM)’s parliament group member Ahmed Mahloof  proposed an amendment to the Clemency Act (Act no 2/2010) which would make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

His amendment would require the President to enforce any death penalty if the Supreme Court issued the verdict of death, or if the Supreme Court supported the ruling of the death penalty made by either the Criminal court or the High Court. This move would halt the current practice of the President commuting such sentences to life imprisonment.

Previously, Maldivian Democratic Party (MDP) MP Ahmed Rasheed and later MP Ibrahim Muthalib also submitted similar amendments to the clemency act although both subsequently withdrew the motions.

“I believe nobody would want to die. So if the death penalty is enforced, a person who is to commit a murder would clearly know that if he carries out the act, his punishment would be his life. I believe this will deter him from committing such acts,” Mahloof said following the submission of the amendment.

In the Initial Report of Maldives under the International Covenant on Civil and Political Rights prepared by Human Rights Commission (HRCM) in 2011, the commission noted that growing public sentiment to impose death penalty.

But implementing death penalty may not be as easy as it sounds.

According to the commission, the Maldives has affirmed the UN Resolution of Moratorium on death penalty on 18 December 2007, which emphasises all states that still provision capital punishment “progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed.”

“This resolution still needs to be passed by the parliament” it reads.

Furthermore, there are several laws pending which are related to the enforcement of the death penalty including, the passage of the revised Penal Code, Criminal Procedures Code, Evidence Bill and Witness Act, the commission adds.

The Maldives is yet to establish an independent forensic institution to provide accurate information to support the judiciary to make an impartial decision on matters concerning the administration of the death penalty.

Meanwhile the commission acknowledged that the “life threatening acts of crime in the country have been aggravated” due to a number of direct and indirect factors, of which the direct problems include “inadequate legislation pertaining the criminal justice system”.

The existing Penal Code which was enforced in 1981 and its last amendment made in 200 has many parts which are not relevant to the present context and does not reflect the spirit of the present Constitution.

Moreover,the commission identifies the  inadequate legislations pertaining to evidence and witnesses, dismissal of forensic evidence by courts, absence  of  a witness protection program and inadequate correctional and rehabilitation system for convicted offenders as key factors.

“The lack of a comprehensive integrated crime prevention mechanism remains the greatest weakness in addressing the issue of increase in crime. High numbers of unemployed youth, and the persistent substance abuse and drug addiction among youth in the country are indirect factors catalysing the increase in crime,” the HRCM report adds.

Therefore, to address the above, says the HRCM, the “state should revise the existing Penal Code, and bring into force the Criminal Procedure Code – the other legislation pertaining to evidence and witnesses.”

“The State should further establish effective rehabilitation mechanisms for offenders, better prisons and correctional facilities to house and to rehabilitate criminals, and to strengthen effective coordination between drug rehabilitation system and criminal justice system,” it concludes.

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Police investigating Fahmy’s alleged sexual harassment of a female staff

Police have said they are investigating the Chair of Civil Service Commission (CSC) Fahmy Hassan on allegations that he had sexually harassed female senior research officers working at the CSC.

Police Spokesperson Sub-Inspector Hassan Haneef today said that the case was lodged at police and police were investigating.

He said the investigations were still ongoing and did not disclose further information.

Parliament’s Independent Institutions Committee has also launched an investigation into alleged harassment of a female staff member by Fahmy.

Local newspaper Haveeru reported that the incident occurred on May 29 and the victim was a female senior research officer.

According to the paper, both Fahmy and the victim were summoned to committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

According to local media, the woman told her family about the incident, who then called Fahmy. Fahmy then sent her a text message apologising for the incident, reportedly stating, ”I work very closely with everyone. But I have learned my lesson this time.”

In response to the allegations Fahmy told Minivan News that the female staff made up the allegation after she knew she did not win a scholarship to Singapore offered by the CSC.

He alleged the claim was politically motivated issue, as she would have otherwise filed the case with police and not parliament.

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Civil Court rules in favour of former Police Superintendent Jinah in Gassan Maumoon suit

The Civil Court has ruled that the court was unclear of the role former Police Superintendent and head of the Drug Enforcement Department (DED) had played in obstructing the basic rights of Gassan Maumoon, following his arrest last year on suspicion of dropping a wooden plank from a six story building into a crowed of Maldivian Democratic Party (MDP) supporters.

Gassan Maumoon, son of former President Maumoon Abdul Gayoom, filed the suit against Jinah after police arrested him on allegations that he had dropped the wooden plank into the MDP supporters, striking the head of a 17 year-old boy.

Police at the time said that the victim, Hussein Hassan of Thinadhoo in Gaaf Dhaal, had to undergo brain surgery to repair damage to his skull.

Civil Court Judge Aisha Shujoon ruled that the Police Integrity Commission (PIC), the oversight body of the police, had told the court that the case was lodged at the commission and that it had decided that Jianh did not have to take responsibility for Gassan’s arrest.

Chief Judge of the Criminal Court Abdulla Mohamed at the time ruled that his arrest was unlawful and ordered his immediate release, despite early evidence being produced to the court supporting police claims.

The Judicial Services Commission (JSC) had recently competed a report on Abdulla Mohamed detailing the judge’s misconduct, notably politically-biased comments given to opposition-aligned private broadcaster DhiTV. This would later lead to his detention by the military, opposition protests and ultimately the toppling of the Nasheed administration in a police and military mutiny on February 7 this year.

In his counter suit filed in the Civil Court, Gassan contended that the Criminal Court had ruled that the arrest was unlawful and requested the court make Jinah take responsibility for his unlawful arrest, and pay him compensation.

At a press briefing at the time, Superintendent Jinah said police wished to “reveal the truth” about the incident as “deliberately false allegations have been made against police using the media” to bring the institution into disrepute, and “relentless attempts” had been made to cast aspersions on police and its senior officers by members of the then-opposition.

Police at the time exhibited video footage of a wooden pole thrown from above injuring the 17 year-old during the MDP protest against judicial corruption, which took place outside former President Gayoom’s residence, Maafanu Endherimaage.

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Twelve men arrested in Maafannu for gambling

Police have arrested 12 men for gambling inside a house in Male’s Maafannu ward last night at about 2:15am.

According to police, police intelligence received information that a group of people involved in robberies occurring in Male’ were gambling inside Ameera Manzil (a house in Maafannu ward).

Police obtained a search warrant from the court and searched the house last night, and in their presence of the men, discovered four packets of illegal drugs, the chip sets they used, and Rf24,193 (US$1612).

The arrested 12 men were aged between 19 and 30 and all were male, police said.

According to police statistics revealed by Commissioner of Police Abdulla Riyaz, 112 premisises have been searched so far in this year leading to the arrest of two alleged drug lords.

Riyaz said that so far this year police have conducted 6311 searches of people suspected suspected of using illegal drugs .

Gambling is strictly prohibited in Islam, and anything prohibited under Islam is illegal in the Maldives.

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Discovery of dead baby in outdoor shower a distressing reminder of the Maldives’ failure to address unwanted pregnancies

The police have recovered the body of a newborn infant buried in the outdoor shower of a house on Shaviyani Feydhoo island. The baby’s mother was identified as a 15 year-old school student.

This incident is a reminder of the pervasiveness of underage and out of marriage pregnancies in Maldives, and the subsequent acts of infanticide and abortions – a distressing flaw in the social fabric of the island nation which continues to be unacknowledged and under-addressed by authorities.

According to local news outlet Sun, Feydhoo island girl was allegedly sexually abused and impregnated by her own stepfather. The allegation has not been confirmed by the police.

Media official Sub-Inspector Hassan Haneef said “the case is sensitive” as the girl is a minor, was being investigated in collaboration with the Gender Ministry. He also refrained from confirming local media reports that the girl is now under arrest.

However, he noted that four people, including the girl’s legal guardians, mother and step father, were now under police custody in relation to the case. He added that the suspects resisted arrest, causing a scene on the island of approximately 700 inhabitants.

“We are investigating allegations of  giving birth outside wedlock, killing and burying the baby,” Haneef explained.

Doctors confirm the baby was already dead when found by the police at around 6:30pm, he observed, adding that the police are investigating the cause of death as well.

However, without post-mortem services and an absence of visible wounds on the infant’s body, proving infanticide in the Maldives is almost impossible without a confession from the suspects.

In 2006, the Juvenile Court acquitted a woman from Dhabidhoo island, who police alleged killed her newborn and threw into the lagoon, ruling that her three confessions contradicted each other. The woman gave birth out of wedlock in 2008.

Tale of illegal pregnancies and throwaways

Due to the conservative exterior of the Maldives  and the deep-rooted culture of blaming the victim, the stigma of having a child out of wedlock drives women to desperate measures.

Mothers helplessly hide the growing bump for nine months and endure the pain and struggle in silence until an abortion is possible, or else abandon the newborns after birth – dead or alive.

Abortion is illegal and unavailable to most mothers, unless it is proved that the conception is the result of rape or that the pregnancy is a threat to the mother’s health.

In last two years, three babies have been discovered dead and two alive. The dead infants included two fetuses, one hidden in a milk tin and the other at the bottom of Male’s municipal swimming pool, while another fully-developed baby was thrown into a park having apparently been strangled by the underwear tied around its neck. Two babies were found abandoned and alive, and have now been placed under state care.

Anecdotal evidence suggests some mothers, both young and adults alike, use abortion-inducing pills or receive injections from amateur abortionists; others turn to harmful vaginal preparations, containing chemicals such as bleach or kerosene. Although infrequent, some women insert objects into their uterus or induce abdominal trauma.

Though these alarming throwaways have grabbed headlines and attracted public attention momentarily, it came short from prompting concrete action from authorities and public to address the underlying issue. Instead it merely provoked widespread condemnation and vehement calls for the mothers to be put to death.

Meanwhile, in the recent case of the 15 year-old, police have not revealed any information surrounding the circumstances of the pregnancy.

Unless it is proved that the pregnancy is the result of rape, Maldivian law provides for her to be publicly lashed and placed under house arrest.

Although the current judicial system restricts adult punishments to children until they reach the legal age of 18, there are currently three exceptions to the provision. One of these is that if she has had a child, a girl will be tried as an adult, according to a 2004 study on gender issues in the criminal justice system.

Out of fear of potentially being stigmatised, fathers seldom take responsibility for their actions, while pregnancy leaves girls guilty by default, leaving mothers to be flogged, publicly humiliated for fornication or incarcerated for infanticide – a disturbing trend of gender-bias observed in the criminal justice system.

All talks, little commitment or action

The issue has been raised at various gender related forums – with many words, but little action.

In 2010, the Deputy Minister of Health and Family at the time, Fathimath Afiya told Minivan News that a meeting was held to discuss reproductive services in the Maldives. While Maldivian and Shariah law criminalise abortion and intercourse outside of wedlock, Afiya said communication between relevant services and the judiciary made it difficult to fully address each case.

“There needs to be an appropriate legal framework for reporting these cases to the services that could help unmarried and teenage women in compromised positions,” said Afiya. “We are very concerned about the rising number of unwanted pregnancies and abortions by married and unmarried women. Today, we began formulating an action plan for short- and long-term improvements,” she added at the time.

However, at the national stakeholders meeting held by UN Women yesterday on the UN Secretary General’s Unite campaign to end violence against women and girls, officials confirmed that “no concrete action plan” has been finalised.

During yesterday’s meeting, as a Unite Youth Network Member, I gave a presentation on violence and problems faced by youth, highlighting sexual health illnesses such as STIs, early pregnancies, abortions among youth and emphasised the need for immediate sexual and reproductive health education.

All participants, including government officials, councilors, police, and gender advocates unanimously agreed on the importance of tackling the problems.

But as participants pointed out at the workshop, most of the time “it is all talk, with little commitment or action”.

“Raising public awareness and educating the girls and boys about their bodies, the ramifications of being sexually active and how to protect themselves from harm is very important,” said a public health official from the Centre for Community Health and Development.

The official noted the magnitude of the sexual health problem and its consequence as a “great national concern”.

“Discussions are underway,” the official said.

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