Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul - #Maldives

The Special Rapporteur on the independence of judges and lawyers conducted an official visit to the Republic of Maldives at the Government’s invitation from 17 to 24 February 2013. She met with Governmental, legislative and judicial authorities, as well as with lawyers, civil society organizations, and other stakeholders. She visited Malé and Addu City.

In the present report, the Special Rapporteur examines the steps taken by the Maldives to ensure the independence of judges, prosecutors and lawyers. She analyses the challenges and obstacles that impede justice from being adequately and efficiently administered, and actors of the judicial system from discharging their functions independently, impartially and effectively since the adoption of a democratic Constitution in 2008 and her predecessor’s visit in 2007.

The Special Rapporteur starts her report by placing her visit in the recent political context where tensions with and within the judiciary have led to unrest and negative consequences on the consolidation of democracy. Reference is then made to (a) serious gaps in the legal system; (b) the misinterpretation of the concepts of independence of the judiciary and accountability; (c) the selection and appointment procedures of judges and the lack of transparency and adequacy of the Judicial Service Commission; (d) the lack of protection for judicial actors; (e) the precarious situation of women in the justice system; (f) the effects of impunity for past human rights violations on the justice system; and (g) the concerning lack of public trust in the judicial system.

The Special Rapporteur also examines the budget and conditions of work of the judiciary and prosecutorial services and the serious shortcomings regarding case management and lack of internal regulations and procedures; she further looks at the related issues of delayed proceedings and access to justice. The situation of lawyers is analysed separately. Finally, she addresses the urgent need for quality education and continuing training, in particular in human rights, women’s rights and gender equality, for all judicial actors.

A 16 year-old girl was taken into police custody for dressing inappropriately in the capital Male’ this afternoon (May 5).

Police Spokesperson Chief Inspector Hassan Haneef told Minivan News today that the minor was was alone in Novelty Bookshop in Male’ when she was taken into custody for wearing a black cocktail dress.

“The societal norms and values of Maldivian culture were violated,” Haneef told Minivan News. “There is an anti-social law, the anti-social behavior act, which might fall under the domestic violence bill.”

The girl was taken into police custody because people were “teasing her on the street,” according to local media.

“The minor was given a police jacket to cover herself and taken to the Family and Child Protection department,” Haneef said.

“Police explained to her about how her dress should be as well as called her parents and advised them regarding this. She was not arrested and is not being charged or penalised. We were not concerned with her dress, just with the nudity. We don’t want [this to go to] court,” he added.

Haneef emphasised that the issue in question was upholding societal norms and values and if anyone witnesses someone violating those standards they should report them to the police.

“If someone is not meeting these expectations they can be arrested, but it is very rare. It depends on a case by case basis,” explained Haneef.

“Anyone can dress with nudity, even in plain clothes, if they are showing any personal, private parts and society does not accept that,” an anonymous police official told Minivan News.

“She was very, very, very, very naked. Her dress was transparent,” the official added.

Pictures of the minor taken by bystanders have flooded social media.

http://minivannews.com/society/police-take-16-year-old-girl-into-custody-for-dressing-inappropriately-57429

International press freedom NGO Reporters Without Borders (RSF) has included ‘extremist religious groups’ in the Maldives in its ‘Predators of Freedom of Information’ report for 2013 http://en.rsf.org/spip.php?page=predateur&id_article=44484 https://www.facebook.com/photo.php?fbid=576359299062449&set=a.551413674890345.1073741826.320142271350821&type=1
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International press freedom NGO Reporters Without Borders (RSF) has included ‘extremist religious groups’ in the Maldives in its ‘Predators of Freedom of Information’ report for 2013

http://en.rsf.org/spip.php?page=predateur&id_article=44484

https://www.facebook.com/photo.php?fbid=576359299062449&set=a.551413674890345.1073741826.320142271350821&type=1

Widespread ‘secret’ slaughter of endangered sea turtles despite ban; “very tasty” say killers In the Maldives with no action taken by authorities to uphold local conservation laws or adhere to international agreements to protect the endangered species. A photo of one such slaughter taken earlier this year and obtained by Minivan News shows dozens of dead sea turtles on a dhoni (local boat). The Maldives is home to five species of sea turtles. Protecting the endangered species is crucial for maintaining environmental health and functioning – and by extension human health – in the Maldives. Without this keystone species the unique Maldivian ecosystems – ocean, reef, sea grass, and coasts – would cease to exist altogether. read more
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Widespread ‘secret’ slaughter of endangered sea turtles despite ban; “very tasty” say killers

In the Maldives with no action taken by authorities to uphold local conservation laws or adhere to international agreements to protect the endangered species.

A photo of one such slaughter taken earlier this year and obtained by Minivan News shows dozens of dead sea turtles on a dhoni (local boat).

The Maldives is home to five species of sea turtles. Protecting the endangered species is crucial for maintaining environmental health and functioning – and by extension human health – in the Maldives. Without this keystone species the unique Maldivian ecosystems – ocean, reef, sea grass, and coasts – would cease to exist altogether.

read more

Islamic Ministry calls for lowering age of prosecution for minors to 10 years-old

The Islamic Ministry’s Fiqh Academy has requested parliament lower the age of prosecution for minors stipulated in the the Penal Code bill from 14 to 10 years-old, reports local media.

MP Ahmed Hamza, chairperson of the parliamentary committee reviewing the Penal Code Bill, has said that international conventions state the age of prosecution for minors is 15 years-old.

“The age for a minor to be advised to mend his ways for forgoing compulsory deeds is 10 years-old,” according to the Fiqh Academy. Their commentary submitted to the parliamentary committee also claims that minors who commit offenses in the Maldives are 11 years-old or above.

Read more

17 y/old teenager flogged in public outside Justice Building in the Maldives

A few days ago a 15-year-old rape survivor has been sentenced to be whipped 100 times in public just like in this video! Let’s put an end to this lunacy by hitting the Maldives government where it hurts: the tourism industry.

Please Sign this petition

Attack on the the Maldives National Museum (After the Island President)

The following is an interview with Ismail Ashraf, the researcher in charge of the pre-Islamic Buddhist exhibition at the Maldives National Museum, the first day of re-opening, one week after the museum was ransacked by vandals on Feb 7th, 2012.

It’s hard to believe, but a 15-year-old rape survivor has been sentenced to be whipped 100 times in public! Let’s put an end to this lunacy by hitting the Maldives government where it hurts: the tourism industry. The girl’s stepfather is accused of raping her for years and murdering the baby she bore. Now the court says she must be flogged for “sex outside marriage”! President Waheed of the Maldives is already feeling global pressure on this, and we can force him to save this girl and change the law to spare other victims this cruel fate. This is how we can end the War on Women – by standing up every time an outrage like this happens. Tourism is the big earner for the Maldives elite, including government ministers. Let’s build a million-strong petition to President Waheed this week, then threaten the islands’ reputation through hard-hitting ads in travel magazines and online until he steps in to save her and abolish this outrageous law. Sign now and share this with everyone to get us to a million! Sign the petition
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It’s hard to believe, but a 15-year-old rape survivor has been sentenced to be whipped 100 times in public! Let’s put an end to this lunacy by hitting the Maldives government where it hurts: the tourism industry.

The girl’s stepfather is accused of raping her for years and murdering the baby she bore. Now the court says she must be flogged for “sex outside marriage”! President Waheed of the Maldives is already feeling global pressure on this, and we can force him to save this girl and change the law to spare other victims this cruel fate. This is how we can end the War on Women – by standing up every time an outrage like this happens.

Tourism is the big earner for the Maldives elite, including government ministers. Let’s build a million-strong petition to President Waheed this week, then threaten the islands’ reputation through hard-hitting ads in travel magazines and online until he steps in to save her and abolish this outrageous law. Sign now and share this with everyone to get us to a million!

Sign the petition

“Amnesty International is biased; sometimes excessive force is absolutely necessary” ~Human Rights Ambassador The Human Rights Ambassador, while dismissing allegations of police brutality, also offered justification for the police actions of February 8, 2012: “We vehemently deny any accusation of police brutality during President Mohamed Waheed’s period (since February 2012) but on 8th February the police had to use force to disperse an aggressive Maldivian Democratic Party (MDP) supporters who were armed with long sticks and bricks in their hands to batter the police force. And we would also like to note that the police personnel and Maldives National Defence Force (MNDF) personnel were extremely exhausted on that day while there was no proper command and control formed after Nasheed’s resignation on 7th February sparking chaos in the whole country.” In conclusion, Ibrahim Didi wrote that Amnesty International seemed to be highly concerned of human rights violations during Gayyoom’s regime, adding “it appears Amnesty International is indirectly rejecting any process of legality as those allegations against Maumoon not being investigated yet.” Amnesty International had at the time released a report titled “The Other Side of Paradise: A Human Rights Crisis in the Maldives”, chronicling human rights abuses in the country since the controversial transfer of power in February 2012. Minister of Home Affairs Mohamed Jameel Ahmed had responded to the report at the time, saying the NGO had failed to seek any comments from the government. He did not, however, appear to dispute the contents of the report. “Sometimes excessive force is absolutely necessary”
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“Amnesty International is biased; sometimes excessive force is absolutely necessary” ~Human Rights Ambassador

The Human Rights Ambassador, while dismissing allegations of police brutality, also offered justification for the police actions of February 8, 2012:

“We vehemently deny any accusation of police brutality during President Mohamed Waheed’s period (since February 2012) but on 8th February the police had to use force to disperse an aggressive Maldivian Democratic Party (MDP) supporters who were armed with long sticks and bricks in their hands to batter the police force. And we would also like to note that the police personnel and Maldives National Defence Force (MNDF) personnel were extremely exhausted on that day while there was no proper command and control formed after Nasheed’s resignation on 7th February sparking chaos in the whole country.”

In conclusion, Ibrahim Didi wrote that Amnesty International seemed to be highly concerned of human rights violations during Gayyoom’s regime, adding “it appears Amnesty International is indirectly rejecting any process of legality as those allegations against Maumoon not being investigated yet.”

Amnesty International had at the time released a report titled “The Other Side of Paradise: A Human Rights Crisis in the Maldives”, chronicling human rights abuses in the country since the controversial transfer of power in February 2012.

Minister of Home Affairs Mohamed Jameel Ahmed had responded to the report at the time, saying the NGO had failed to seek any comments from the government. He did not, however, appear to dispute the contents of the report.

“Sometimes excessive force is absolutely necessary”

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