Pain and politics: Torture Victims Association inaugurated

The Torture Victims Association (TVA) held its inaugural meeting last night, following its founding in January 2010 by Maldivian Democratic Party (MDP) MP ‘Reeko’ Moosa Manik, State Minister for Foreign Affairs Ahmed Naseem, Tourism Minister and human rights lawyer Dr Ahmed Ali Sawad, and Foreign Minister Dr Ahmed Shaheed.

Naseem, who is president of the organisation, said the organisation’s purpose was to support torture victims and “prevent these types of things from happening again in Maldives.”

He said the organisation was founded “so there is a place [torture victims] can go and talk about what happened to them, and take some solace, get some comfort.”

“[Torture] happened a lot, openly,” said Naseem, who says he was himself a victim of torture.

“It happened under several governments… through government institutions. It wasn’t the exception, it was the norm here.”

A political thing

The TVA has come under scrutiny already for being an MDP-led NGO, of which President Nasheed has just become a member.

“It’s non-governmental, and it is not a political organisation,” Naseem insisted, “it is totally egalitarian.”

Torture through silence

“At the [inaugural] meeting, there were victims who were tortured as well as people who torturered through their silence,” Sawad said. “Through their silence, they condoned a culture of torture.”

The previous government has been accused of torture, but none of the accused have been taken to court.

The first step in bringing justice to victims of torture is, according to the TVA, gathering information and evidence.

“Gathering information is the very initial stage,” Naseem said. “We also need the support of the people of this country. It’s a traumatised society. Families have been traumatised.”

Creating a historical record of torture in the Maldives, and breaking the silence, are two major steps forward, claims the TVA.

“We are the only country in the world who doesn’t have a historical record regarding this,” Naseem noted. “In the Pol-Pot regime, in Nazi Germany, in Kosovo, they know how many people were killed. But here, we don’t know. We just see in the papers that some people have been lost. That’s it.”

Dr Sawad said the entire culture of torture “has been called a myth by powerful members of our community. But it happened. With that acknowledgement, we can focus on accountability.”

Kevin Laue, a lawyer with London-based human rights NGO Redress, is working with the TVA to seek justice for victims of torture.

“Finding out what happened is key…then we can decide what needs to be done,” said Laue.

Politics

Mohamed Hussain ‘Mundhu’ Shareef, spokesman for the former president, said there has been no formal response from Gayoom to the TVA’s allegations “because they are not an entity we recognise as being worthy of response.”

“Just look at who’s in charge. When the association starts with a name like Reeko Moosa, who hates Gayoom, there is very little reason to take them seriously.”

Mundhu said the TVA wanted people to believe it is was an NGO – impartial, free of government intervention and politically unbiased – but he said suggested that it had been formed as a “political ploy… to divert people’s attention from the failures of this government.”

When asked whether the number of politicians in the Association could be a liability for the impartiality of their work, Naseem answered, “what can you do?”

“All the people who participated in the human rights movement in the Maldives are now in government, so you can’t avoid it. Some went to jail, some people were brutalised and some people died. You can’t say it’s the government, we are human beings.”

Naseem reiterated that the TVA is “not a political thing” and it only becomes political when people are looking for a “quick fix.”

“A process like this takes years,” Naseem said. “We work through the government and the judiciary, and if the government doesn’t get involved, it is much better.”

The TVA says members of the former government “cannot” admit to torture allegations because they would be tried in court, but Mundhu said that none of the “ridiculous claims of defamation of character” against former president Gayoom have held up in a court of law.

“Gayoom is the single most popular individual in this country,” he said. “The government should be ashamed of accusing him of torture.”

Accountability

Dr Sawad said the TVA does not believe it was up to the government or the state to decide what would happen to the torturers.

“It’s for the victim to launch the claim and for the judicial system to decide. And we are here to facilitate that,” he explained.

He added that the TVA wants to “document and push the claims of torture within the judiciary.”

“If we believe that the claim has not been addressed through the domestic judicial system, we are prepared to take it to the next level.”

Laue said that “if [torturers] are not prosecuted [in the Maldives], we must not forget torture is a crime which is under universal jurisdiction.”

Assuming there is enough evidence, Laue claimed a perpetrator could be arrested and tried in a foreign country, extradited or sent to the International Criminal Court (ICC).

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Besieged HRCM renews calls for Truth and Reconciliation Commission

The Human Rights Commission of the Maldives (HRCM) has renewed calls for a Truth and Reconciliation Commission (TRC) in the Maldives, after coming under attack for failing to address the custodial abuse of political dissidents prior to 2002.

During the launch of the ‘Torture Victims Association’ NGO on Saturday night, MDP MP and founder ‘Reeko’ Moosa Manik threatened to call for the dismissal of HCRM’s president Ahmed Saleem in the parliament.

“We’ve come out for justice for the torture we went through before 2002. If you can’t do it, why don’t you resign and go home,” he demanded.

At a press conference today, Saleem said that “since we are an institution working for human rights, we will give support to anyone working for human rights – our law compels us to protect and promote human rights, so [the TVA] will get our support and cooperation. But it should not be political.”

Yesterday the DRP accused the MDP of forming the TVA in an attempt to motivate its activists by uniting them against former president Abdul Maumoon Gayoom. Today Saleem emphasised that such an NGO cold only be justified “as long as there is no politics involved, as long as there’s some sincerity in what they’re doing. Already there’s a network of NGOs that we support, so it’s like any other… we will support it if it is genuinely working for human rights.”

However he added that “it’s is not our mandate to look into the type of allegations they’re making – we don’t talk about things that happened before a certain date. The main reason this is happening is, in truth, if there is no democratic system in a country for too long, [human rights abuses] will happen.”

Furthermore, he claimed, “we have to consider national unity, the state of the nation and if it’s the right thing to do. I would say this is a very dangerous time for the country’s future – as a small, homogeneous Islamic nation the Maldives cannot afford such bitter divisions.”

Although HRCM’s mandate did not extend past 2000, he said, the commission could technically investigate human rights abuses before that. But, he said, HRCM had to “consider the consequences of such an investigation.”

Instead, he reiterated his earlier call for a South African-style Truth and Reconciliation Commission (TRC), “with powers to conduct investigations, take witness statements and issue pardons in exchange for testimony.

“The Human Rights Commission does not have these kind of powers – the two things that are needed most for it are the powers to issue judgements and pardons. We don’t have either of these powers and neither does any human rights commission anywhere in the world.”

A TRC would demand the cooperation and participation “of all political parties, to move beyond the past.”

He added that the commission was concerned about the current unstable political atmosphere and the polarisation of Maldivian society, and stressed that a truth and reconcilation process should not be politicised.

Minister for Foreign Affairs Dr Ahmed Shaheed today said he supported the concept of a TRC, but noted that a “blanket amnesty is illegal under international law.”

“The UN said it would not associate with the Sierra Leone amnesty in 1999. But yes, the notion that we need to address past grievances, find the truth, and through process of finding the truth find redress, is important. I think as the year progresses the idea will develop,” he said.

Three assessments on the human rights situation in the Maldives, produced by the government, HRCM and a coalition of NGOs, will be presented to a UN council in November this year. Shaheed said he hoped the government’s draft would be ready for public review by early February.

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