Four additional cases sent to state prosecutors over Afrasheem murder

Police have forwarded cases of four additional individuals to the Prosecutor General’s Office (PGO) for their alleged involvement in the murder of MP Dr Afrasheem Ali last year – taking the total number of suspects facing charges over the attack to seven.

Police today confirmed that cases had been filed with the PGO on September 23 against Azleef Rauf, Shaahin Mohamed, Adam Salaah and Abdulla ‘Jaa’ Javid – son-in-law of opposition Maldivian Democratic Party (MDP) Chair ‘Reeko’ Moosa Manik.

Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali was stabbed to death on the night of October 1, 2012, on the staircase of his home.

State prosecutors have previously accused Hussain Humam of going to the residence of Dr Afrasheem and murdering him with a machete and a bayonet knife.

Along with Humam, Ali Shan faces the same charges. A minor identified as ‘Nangi’ meanwhile stands accused of aiding and abetting the murder, after police claimed he had accompanied Humam and Shan to the residence of Dr Afrasheem before the attack.

Previous hearings

In August this year, two police officers testified at the Criminal Court against key suspect Hussein Humam, claiming they had discovered incriminating text messages on his phone during a random search on the night of the murder. The message was said by the police witnesses to discuss a failure to receive a payment the suspect he had been promised.

The police officer did not identify the recipient of the text message during the hearing, alleging that Humam – who they had stopped many times previously – was under the influence of an illegal substance and acting out of character.

Humam had initially denied charges against him in court.  He later confessed to the crime at a hearing held in May, according to a statement read out by prosecutors in the court/ State prosecutors read out the statement in court, which was said to have been given by Humam at one of the initial hearings.

The statement claimed that son-in-law of ‘Reeko’ Moosa Manik, Abdulla ‘Jaa’ Javid, had offered to pay him MVR 4 million for the murder of MP Afrasheem. However at a subsequent hearing in June, Humam retracted his confession claiming that he had been coerced by police.

Humam’s father has also written to the Criminal Court and the Human Rights Commission of the Maldives accusing police of conducting psychological abuse against the suspect, and exerting coercion to make him confess to a crime he did not commit.

Political calls

To mark one year since the attack that killed the MP yesterday (October 1), the PPM called on the country’s courts to expedite trials of all those involved in the case in order to “enforce due justice” on the attackers, according to local media.

The Maldivian Democratic Party (MDP) last month meanwhile condemned alleged insinuations by religious NGO Jamiyyathul Salaf preacher Sheikh Adam Shameem Ibrahim suggesting that the party was behind Dr Afrasheem’s murder.

Following the first round of voting in which the MDP took 45.45 percent of the popular vote and secured its place as front runner in a run-off vote that remains indefinitely suspended by the country’s Supreme Court, the party slammed what it alleged was an “incitement of hatred” by the NGO.

Police investigation

The Maldives Police Services (MPS) announced in October 2012 that the FBI were extending assistance in the investigation of the MPs murder.

Commissioner of Police Abdulla Riyaz later stated during a press conference held in December 2012 that the murder of Afrasheem had been carried out with a political motive, and that the culprits were to be paid MVR 4 million (US$ 260,000).

Riyaz had at the time dismissed claims that the murder was linked to religious fundamentalists, stating “no evidence has been gathered which suggests this murder had a religious motive.”

Soon after the murder police arrested two MDP activists – Mariyam Naifa and Ali Hashim ‘Smith’ – in connection with the attack. Both suspects were later released without charge.

The MDP later accused the government of attempting to frame the party with “politically-motivated arrests” of its members. In November 2012, former President Mohamed Nasheed accused the government of negligence in its efforts to bring the perpetrators to justice.

Last appearance

On the night of his murder, Dr Afrasheem had made his last public appearance on a live talk show on state broadcaster Television Maldives (TVM) titled “Islamee Dhiriulhun” (Islamic Living).

In the program, Dr Afrasheem said he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was meanwhile quoted in local media as saying that the Islamic Ministry had not forced Dr Afrasheem to offer a public apology for anything in his last television appearance.

Dr Afrasheem’s moderate positions on subjects such as listening to music had drawn stringent criticism from more conservative religious elements, who dubbed him “Dr Ibilees” (“Dr Satan”).

In 2008, the scholar was kicked and chased outside a mosque after Friday prayers, while more recently in May 2012, the religious Adhaalath Party released a statement condemning Afrasheem for allegedly “mocking the Sunnah”.

In a three-page press release (Dhivehi) released on July 10, 2008, NGO Salaf listed Dr Afrasheem’s alleged transgressions and advised the moderate religious scholar to “fear Allah, stop talking any way you please of things you do not know of in the name of religion and [stop] twisting [Islamic] judgements to suit your personal wishes”.

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President Waheed hands flats to ‘top 50’ police, promises more

President Dr Mohamed Waheed has expressed hope that more housing will be made exclusively available for police and military officers, while speaking at a ceremony to hand over 50 flats on Hulhumale’ to law enforcement officials yesterday (August 2).

Speaking at last night’s ceremony in Male’, the president said the whole nation should recognise the role that the police and Maldives National Defence Force (MNDF) played towards maintaining law, order and national security. He also called on officers to “uphold the constitution” and help ensure a peaceful election next month.

The opposition Maldivian Democratic Party (MDP) meanwhile has raised concerns whether the 50 flats – which it contends forms part of the “Veshi Fahi” Male’ (decongestion) project launched under the previous government in 2011 – were being given to the “needy” and most deserving.

Since President Waheed’s government came to power during the controversial transfer of power on February 7, 2012, which followed a mutiny by sections of the police and military, more than 1000 officers have been promoted, while 110 new police officers were hired.

A housing scheme was also introduced for police officers, with 300 flats to be constructed in Hulhumale’, arrangements were made for cheap accommodation in Sri Lanka for police officers and their families and a loan scheme was set up for police officers.

According to the President’s Office website, while handing over 50 flats to specially selected officers yesterday, Dr Waheed also praised the majority of police officers who had served the nations for a long period of time under “difficult living conditions”.

He also praised Police Commissioner Abdulla Riyaz, who took office following a mutiny by certain officers that led to former President Mohamed Nasheed’s resignation in February 2012, for the “developmental achievements” to the institution made during his tenure.

Police Spokesperson Chief Inspector Hassan Haneef told Minivan News today that the 50 officers presented with housing were required to undergo an “internal” selection procedure, based on specific criteria outlined by the institution itself.

Haneef explained that all officers who applied for the housing were then judged on a points system using the aforementioned internal criteria, with the “top 50” officers being selected.

“Big concern”, MDP claims

MDP MP and Spokesperson Hamid Abdul Ghafoor said it was “very concerning” that police should be given flats exclusively, to the detriment of teachers, doctors and other civilians. He also questioned how officers themselves had been selected for the process.

“The intention for these flats was for the needy and people who deserved them. This is why these flats were built,” he added.

Ghafoor claimed that while some of the officers may have deserved the housing, which he said had been set aside from the “Veshi Fahi” Male’ program established under the former government, there was concern that some officers involved in last year’s mutiny had been rewarded with flats.

President Waheed awarded the housing days after Commissioner Riyaz declared that police will continue to refuse any orders the deemed “unconstitutional”.  The comments were made as Riyaz expressed concern over leaked proposals for reforming the country’s security forces allegedly devised by the Maldivian Democratic Party (MDP) should it win the upcoming presidential election.

“I don’t want to say anything specifically about something that has been prepared politically or for a political purpose, but we do have a constitution and the MPS is an institution formed by the constitution,” he said, speaking just over a month ahead of the 2013 presidential election.

Proposals in the paper – leaked on social media earlier this month – include transferring the police to the authority of city councils, similar to the system in the US, while providing salaries and allowances of officers through the Local Government Authority (LGA).

The commissioner also rejected the professional capacity of individuals behind the reforms, which he claimed sought to “dismantle” and undermine the large role security services play in the country.

“I’d like to tell the MDP that they should clarify whether it is their policy or not. If it is their policy, it is of great concern. This [police] institution will be very concerned,” he said.

“Politicians should not try to play with this institution. Help this institution develop. Work to make this institution more responsible. To make it operationally accountable. Don’t use political influence to carry out political objectives through this institution.”

Riyaz alleged that certain senior government figures over the last three years had attempted to limit or weaken police in the country through the use of political influence that led to officers “straying from their path”.

He insinuated that police would not allow a similar event to happen again.

The opposition MDP have continued to question the legitimacy of the leaked reform proposals, claiming the party had no knowledge of such a document, despite backing the idea of a ”transitional arrangement” to reform the country’s security forces after last year’s power transfer.

The opposition party continues to maintain that former President Mohamed Nasheed was deposed in a “coup d’etat” after being forced to resign from office following a mutiny by sections of the police and military.

The allegations were later rejected by a Commonwealth-backed Commission of National Inquiry (CoNI) that ruled that there had been “no coup, no duress and no mutiny”, while also calling for action taken against unlawful acts committed by the country’s security forces following the transfer.

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Flogging of 15 year-old “tip of the iceberg” of Maldives’ treatment of sex offences: Amnesty’s South Asia Director

The high-profile case of a 15 year-old girl sentenced to flogging in the Maldives after confessing to having had consensual sex is the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences, Amnesty International’s South Asia Director Polly Truscott has said.

Following a nine day visit to the country, Truscot told Minivan News that other sexual abuse victims were believed to have had suffered similar treatment under the law as a result of systematic institutional failures.

“Right now, all departments charged with the girl’s welfare are finger pointing and passing the blame,” she said. “But we have met others incarcerated in the country in similar circumstances to this girl.”

“Tip of the iceberg”

Truscott said she had identified serious concerns during her visit as to how young girls and other victims of sexual assault were being treated by authorities.

Truscott raised particular concern over the case of the 15 year-old charged with fornication, after she reportedly admitted to authorities of having “consensual sex” with an unidentified man during investigations into her alleged sexual abuse by her stepfather.

“When this alleged crime was committed, Amnesty was approached by many people asking us to look into the matter. We believes she should not be punished for sexual offences. It is questionable if the girl was also aware as to what she was consenting to,” she said.

Truscott claimed that officials involved in the girl’s care – from the law enforcement team who questioned her, to child protection authorities – had “all failed” in their duties to protect the 15 year-old.

The girl’s case has garnered international attention over the last few months, with over two million people signing a petition on the Avaaz website pledging to target the Maldives’ lucrative tourism industry in order to pressure authorities to drop the charges against the 15 year-old and pursue wider legal reforms to prevent similar cases.

Deputy Tourism Minister Mohamed Maleeh Jamal last month slammed what he called the“dubious” motivations behind the petition, alleging the campaign to be “politically motivated”.  He also noted that the Waheed administration had already appealed the case and also pledged to oversee legal reforms.

Truscott said the NGO also remained “disappointed” over a lack of progress by Maldivian authorities in addressing a lack of accountability in punishing the perpetrators of high-profile attacks on media personnel, as well as allegations of excessive police force.

Despite welcoming progress in areas such as allowing for greater media freedoms “over the last 10 years”, she yesterday (April 24) told Minivan News that the NGO continued to hold concerns over the state’s commitment to addressing several human rights issues.

At the conclusion her visit, Truscott said the NGO also held significant concerns regarding judicial independence, as well as wider institutional failures to protect rape victims.

“Enormous progress”: government

Following a meeting between Truscott and President Dr Mohamed Waheed on Wednesday, the government issued a press release stating: “Regional Director Prescott noted the enormous progress made by the Maldives in the fields of human rights, and freedom of assembly and speech.”

Truscott told Minivan News she had raised concerns during her meeting with President Waheed that not enough progress had been made to investigate allegations of “excessive force” by police officers against members of the public following the controversial transfer of power on February 7, 2012.

“I understand that a few cases have been brought forward by prosecutors, but after a year, this [amount of cases] is disappointing. I had also pressed upon the president the need to bring perpetrators to justice. There is important progress to be made here,” she said.

Media freedom

Addressing the government’s official statement on Amnesty’s findings, Truscott said the NGO believed progress had been made in some areas such as media freedom over the last 10 years.

However, she noted serious attacks over the last 12  months on media such as blogger Hillath Rasheed and reporter Ibrahim ‘Aswad’ Waheed. Both men underwent life-saving surgery after being the victims of separate violent attacks in the capital over the last 12 months.

Amnesty International also pointed to concerns over the murder of MP Dr Afrasheem Ali. Truscott said the country was yet to see any meaningful investigations into ensuring justice for the victims of the attacks.

The courts are currently hearing the cases of several suspects charged in connection to Dr Afrasheem’s murder.  Suspects have also been questioned over Aswad’s attack.

However, suspects have yet to have been charged over the attack on blogger Hilath Rasheed in July 2012, when a group of alleged Islamic radicals slashed the throat of the blogger who had been campaigning for religious tolerance.

Rasheed narrowly survived the attack and has since fled the country.

“From having walked the streets here in Male’ I have seen [security] cameras about. But action seems to have been limited,” Truscott said of the case.

Penal code

Legal reforms were another area of concern raised by Amnesty International following its Maldives visit.  Particular attention was drawn to reviews for an amended Penal Code within the country that would allow for the prosecution of offences not presently accounted for.

While at the same time addressing the government’s stated pledges to review the use of punishments such as flogging, Truscott warned against what she called a “move backwards” over the Maldives’ commitments against the use of the death penalty.

“Obviously, Amnesty International is completely against the death penalty,” she said.

Truscott claimed that the recent drafting of any new bills outlining implementation for executions, even in practice, was deemed as a human rights violation.  She said there was no research concluding that executing criminals served as an effective deterrent for serious crimes.

Truscott added that with the draft Penal Code also including provisions that would leave applying the death sentence to the discretion of an individual judge, the whole purpose of codifying laws would be undermined should the bill be passed.

She noted this was a particular concern when considering the recent findings of various international experts such as  UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul over the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she added.

Visit purpose

Truscott said that Amnesty International’s main purpose during its visit had been to meet with key state officials as well as other stakeholders.

She noted that while having met with senior officials such as the president and Gender Minister, the NGO had not been able to arrange discussions with Police Commissioner Abdulla Riyaz or Home Minister Dr Mohamed Jameel Ahmed during the visit.

Dr Jameel told Minivan News today that he had been busy at the time of Amnesty International’s request to meet, but had since requested his office to follow up and try and set up talks.

Police Spokesperson Chef Inspector Hassan Haneef was seeking clarification as to whether Commissioner Riyaz had received a request to meet the NGO at time of press.

Amnesty criticism

In September last year, Home Minister Jameel criticised Amnesty International in local media for failing to seek comment from the government when compiling a previous report on the country entitled: “The other side of Paradise: A Human Rights Crisis in the Maldives”.

“They had not sought any comments from the Maldives government. I’m extremely disappointed that a group advocating for fairness and equal treatment had released a report based on just one side of the story,” Jameel told newspaper Haveeru at the time.

Meanwhile, just last month, Human Rights Ambassador of the President’s Office “Sandhaanu” Ahmed Ibrahim Didi accused Amnesty International of “fabricating stories about the human rights situation in the Maldives” and of releasing reports about the Maldives without conducting any studies.

Truscott’s comments were made as preliminary observations following her research visit to the Maldives that commenced April 16.  The NGO has said it will be releasing an official statement on its findings later today.

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