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Maldives
904. By letter dated 13 May 2004 sent jointly with the Special Rapporteur on the human rights of migrants, the Special Rapporteur notified the Government that he had received allegations concerning Rajan, Saravanan and Kamal, three Indian nationals in possession of work permits, working in Malé. On 8 April 2003, they were arrested and charged with the rape and murder of a woman. The three men were subjected to physical ill-treatment in detention. Saravanan was forced to sign a confession despite his demands for a forensic examination, and he was then beaten to death in custody. It is reported that the three men did not understand the local language, and the assistance of a translator or an interpreter was not provided.
905. By letter dated 29 November 2004, the Government responded that there were inconsistencies in the alleged facts. Mr. Saravanan was taken to Maafushi Jail on 19 August 2002, and the jail office was informed that he had attempted suicide twice while he was under interrogation. Based on this information he was handcuffed and kept alone in a cell. The two other Indians were taken to jail and kept in single cells and were handcuffed. On 8 April 2003 at around 10.30 p.m., the Quick Reaction Force in Maafushi Island informed the police headquarters that one of the prisoners was found hanging in his cell. A team of doctors from the N.S.S. Medical Centre and a team of investigators were dispatched. The team found Mr. Saravanan hanging at the rear side of the cell by his bed sheet, which he wound into a cord. A medical examination showed that there were injuries to the front and right side of his neck and that the probable cause of death was strangulation. His family was informed of his death and he was buried. With regard to the allegation that the defendants were not provided with a translator, during the investigation their statements were read to them in Tamil and were signed and finger printed with their understanding and consent. Their trials are open, they are entitled to legal advice, and consular officials are informed of the hearings.
Urgent appeals
906. On 18 August 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression concerning Fathimath Nisreen, her brother Mohamed Niyaz, Ahmed Ibrahim Didi, Mohamed Zaki, his son Muad Mohamed Zaki, Maria Manike;,Ibrahim Hussain Zaki, and Mohamed Monawar, a former Attorney General, and both members of the Citizens’ Majlis (Parliament); and Ibrahim Ismail, Ghasim Ibrahim, Ali Faiz, Hussain Rasheed, Ilyas Hussain Ibrahim, members of the Special Majlis (parliamentary committee). According to the allegations received, they were taken to police headquarters in Malé for interrogation after they took part in large demonstrations asking for democratic reforms on 12 and 13 August 2004. Several were reportedly beaten when they were arrested and are held incommunicado. Fathimath Nisreen and Ahmed Ibrahim Didi, who were already under house arrest at the time they were detained, left their houses and briefly joined the demonstrators but returned to their homes before they were taken into police custody. Mohammed Zaki, who was also under house arrest, did not leave his home during the demonstrations. Fathimath Nisreen, Ahmed Ibrahim Didi, Mohamed Zaki were cited in previously transmitted communications (E/CN.4/2004/56/Add.1, paras. 970 and 971). Among those arrested, Maria Maniké had been voicing her concern at the slow pace of the trial of those involved in the killing of her son, who was beaten to death by guards at Maafushi prison in September 2003.
907. By letter dated 23 September 2004, the Government informed that during the early evening of 12 August 2004, a crowd had gathered at the ‘Jumhooree Maidhaan’ opposite the police headquarters in Malé. They demanded the release of some convicted criminals and some individuals who had been detained for questioning. The Government released the detainees expecting the crowd to disperse peacefully. However, the crowd refused to disperse and kept making demands that were impossible to meet. For over 17 hours, National Security Service personnel acted with restraint, advising the crowd to disperse. However, the crowd degenerated into a mob and turned increasingly violent, stabbing two unarmed policemen, torching a Government building and eventually attacking the police headquarters, compelling the National Security Service personnel to step in to disperse the mob and restore order and public safety. A state of emergency was declared, and some rights of the detainees remain suspended under it. The Government hopes to lift it as soon as possible and assures that the detainees are being treated humanely. A European Union fact-finding mission visited the Maldives in August 2004 and met with seven of the detainees mentioned in the letter. Representatives of the National Human Rights Commission have also visited them. The Government is proceeding expeditiously with the investigation of the detainees who will either be charged or released, depending on the outcome of the investigation. Court proceedings of those involved in the Maafushi prison incident and the riots in Malé in September 2003 are presently underway.
908. On 6 October 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, the Chairperson- Rapporteur of the Working Group on Arbitrary Detention, the Special Representative of the Secretary-General on human rights defenders and the Special Rapporteur on the independence of judges and lawyers concerning Ms. Jennifer Latheef, a television company employee, and Mr. Ismail Asif, a video film producer, both of whom have been working to draw attention to human rights concerns. According to the allegations received, Jennifer Latheef, who has worked on the prevalence of sexual abuse in the country, was arrested in front of the National Security Services (NSS) on the 13 August 2004, as authorities broke up a demonstration with baton charges and tear gas. She was denied access to family members until 17 September 2004. During her detention, the police kicked her in the back numerous times while she was blindfolded. She is said to be still currently detained at the Dhoonidhoo interrogation centre. It is reported that she had already been detained on 22 September 2003 for having taken part in a protest regarding the killing of Evan Naseem on the 19 September 2003 and the killing of three other prisoners and fatal injury of others on 20 September 2003 in Maafushi Jail.
909. Ismail Asif, who is also an activist for the political opposition, was arrested at his home at around 10 p.m. on 17 September 2004. He is reportedly being held without charge and not allowed access to a lawyer. He was arrested because of his involvement in a civil society network that monitors the conditions of detention of those arrested following the August demonstrations.
910. By letter dated 27 October 2004, the Government informed that they were arrested in connection with an investigation into the mob violence of 12 and 13 August 2004. Jennifer Latheef was arrested on 13 August 2004. The investigation ha s been completed and she has been placed under house arrest on 26 October 2004, and the Government will file charges against her shortly. Ismail Asif was arrested on 17 August 2004, and his arrest has nothing to do with his involvement in a civil society network that monitors the conditions of detention of detainees. He is still under detention as the investigations are not complete. As soon as they are completed, he will be charged or released. In the event that charges are brought against them, they would be provided with a fair and impartial hearing.
911. Cells in Dhoonidhoo Detention Centre are designed to accommodate individual detainees. While in detention, they are provided with the right to family visits and regular exercising time. They are also provided with reading and writing materials and are allowed visits from their lawyers. The detention centre has a 24-hour medical service. Medical reports of the detainee can be given to the family and the detainee himself upon request. Specialist doctors and psychiatrists regularly visit the facility, according to the needs of the detainees and as requested by the medical staff of the centre. Upon release the detainee is provided with a copy of the file including the medical reports. Some amount of excessive force was used during the dispersal of the mob and in arresting some elements involved. There are also some alleged incidents of physical abuse during detention. The Government has instructed the Human Rights Commission of the Maldives to investigate these allegations and to report to the Government. The Human Rights Commission has decided to conduct an open hearing of the alleged physical abuses. Once the Government receives the findings of the Commission, the Government will take legal actions against the concerned parties. Copies of the letters of the Special Rapporteurs have been forwarded to the Commission.
912. On 20 October 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression regarding Mr. Mohamed Yoosuf, a political activist. According to the allegations received, on 13 August 2004 at about 10.45 p.m. he was arrested at his home by the police. Mr. Mohamed Yoosuf was transferred to the Dhoonidhoo Detention Facility seven days after his arrest and has been placed in solitary confinement since. On 11 September 2004, he was taken to a hospital for an X-ray. He informed visitors at the hospital that he was frequently tortured while being handcuffed and blindfolded, and that, as a result of torture, he sustained injuries to his back. On 16 September, during a visit by his family at the Dhoonidhoo Detention Facility, he told them that after his hospital visit he was handcuffed for about a week, and kept blindfolded for two days. Mr. Mohamed Yoosuf said that he was hit on his back severely, and remained handcuffed and blindfolded while eating, praying and using the toilet. He also mentioned that prison officials stepped on him to prevent him from falling asleep. During the family visit, the police were present and tape-recorded their conversation. Mr. Mohamed Yoosuf was brought for further medical attention on 7 October 2004. The family’s request for an independent medical assessment was denied by the authorities. Except for these three occasions, Mr. Mohamed Yoosuf has been held in incommunicado detention. Mr. Mohamed Yoosuf’s arrest is believed to be related to his signature of a petition calling for the establishment a political party in the Maldives. His arrest took place in the context of police action against large demonstrations in Malé asking for democratic reforms on 12 and 13 August 2004.
913. By letter dated 27 October 2004, the Government informed that he was arrested in
connection with an investigation into the mob violence of 12 and 13 August 2004. He was
arrested on 13 August, and his arrest has nothing to do with his signing a petition calling for
the establishment of a political party in the Maldives. He is still under detention as his
investigations are not complete. As soon as they are completed he will be charged or released.
In the event that charges are brought against him, he would be provided with a fair and
impartial hearing.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.